1. SOLICITATION NO.2. TYPE OF SOLICITATION3. DATE ...



1. SOLICITATION NO.2. TYPE OF SOLICITATION3. DATE ISSUEDPAGE OF PAGES4. CONTRACT NO.5. REQUISITION/PURCHASE REQUEST NO.6. PROJECT NO.7. ISSUED BYCODE8. ADDRESS OFFER TOA. NAMEB. 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 DAYS13. ADDITIONAL SOLICITATION REQUIREMENTS:STANDARD FORM 1442 (REV. 4-85)STANDARD FORM 1442Prescribed by GSA YFAR (48 CFR) 52.236-1(d)NSN 7540-01-155-3212SOLICITATION, OFFERAND AWARD(Construction, Alteration, or Repair)SOLICITATION, OFFERAND AWARD(Construction, Alteration, or Repair)SOLICITATIONSOLICITATIONIMPORTANT - 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 receivingaward,notice to proceed. This performance period ismandatory,negotiable. (See _____________________________.)YESNOA.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. Sealedenvelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are dueB.An offer guaranteeis,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 beconsidered and will be rejected. 1 153VA245-13-R-0024X03-05-2013NoneDepartment of Veterans AffairsVA Maryland Health Care SystemContracting Officer (90C)P. O. Box 1000, Bldg. 101B, Room 8Perry Point, MD 21902Contracting OfficerAddress Same as Block #7Jerry Jones410-642-2411 Ext. 2922The VA Maryland Health Care System has a requirement for a general contractor to provide construction services toprepare the site for building operations, including demolition and removal of existing structures, and furnish alllabor, tools, materials, equipment, supplies and supervision necessary to perform work as required by individual TaskOrders (TO) as assigned under the resulting contract from this solicitation. This is an Indefinite-Delivery/IndefiniteQuantity (IDIQ) type contract that encompasses a broad range of non-recurring maintenance and minor construction onreal property located at 2 facilities in Baltimore and one in Perry Point, MD. Task Orders will vary in sizeand dollar amounts. Task orders will involve, but will not be limited to trades, such as carpentry, concrete, roofing,site work, excavation, interior renovation, carpet, window and door installation, electrical, steam fitting, plumbing,painting (interior/exterior), demolition, masonry or metal stud and sheetrock walls, install acoustical ceilings andlight fixtures, HVAC, installation of ceramic tile/VCT flooring. Informal shop drawings, incidental to an individualtask order reflecting the plan of action and the completed project, may be required.Primary NAICS code 236220/Size Standard $33.5 Million. Other NAICS code(s) applicable to this IDIQ areas follows: 216210, 2137110, 237990, 238110, 238120, 238140, 238150, 238160, 238170, 238190, 238210, 238220,238290, 238310, 238320, 238330, 238340, 238350, 238390, 238910 and 238990.Minimum task order amount: $2,000.00 Maximum Task Order amount: $500,000.00. The maximum contract value shall notexceed $4,999,999.00. A single award will be made based on the best value to the Government.Questions relating to this solicitation document must be submitted in writing via email to Jerry.jones@ nolater than 2:00 PM local time, 3/20/2013. This solicitation will be evaluated pursuant to FAR Part 15 and Part 16.Period of performance is 5/1/13 (or date of award whichever is later) through 4/30/14 with 4 one-year option periods.Pricing should be calculated using coefficient predetermined by the contractor and approved by the Contracting Officer.Notice: Clause 52.222-37 Employment Reports on Disabled Veterans and Veterans is incorporated by reference in thissolicitation. Public Law (P.L. 105-339), Section 1354 provides that no agency may enter into a contract witha contractor who has not filed a VETS-100 report for the preceeding fiscal year under Title 38 Section 4212(d).Offerors are strongly encouraged to complete this to possibly avoid delays @ is a 100% Service Disabled Veteran Owned Business Set-Aside. Contractor must be verified in VetBiz to be eligiblefor award. ALL WORK TO BE PERFORMED AT LOCATIONS SPECIFIED ON PAGE 6.DELIVER OFFERS TO: Department of Veterans Affairs, VA Maryland Health Care System, Contracting Officer (512/90C), P. O. Box 1000, Building 101B, Perry Point, MD 21902See Block 17 on the continuation page to complete bid prices (coefficient rates) for the base year and option years. 10(by task)xx52.211-10Xper task order 32:00pm local04-04-2013X90PART I - THE SCHEDULE 1SECTION A - SOLICITATION/CONTRACT FORM 151SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)14. NAME AND ADDRESS OF OFFEROR15. TELEPHONE NO.16. REMITTANCE ADDRESSCODEFACILITY CODE17. 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 isaccepted by the Government in writing within __________ calendar days after the date offers are due.AMOUNTS18. The offeror agrees to furnish any required performance and payment bonds.19. ACKNOWLEDGMENT OF AMENDMENTSAMENDMENT NO.DATE20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER20B. SIGNATURE20C. OFFER DATE21. ITEMS ACCEPTED:22. AMOUNT23. ACCOUNTING AND APPROPRIATION DATA24. SUBMIT INVOICES TO ADDRESS SHOWN INITEM25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO10 U.S.C. 2304(c)( )41 U.S.C. 253(c) ( )26. ADMINISTERED BYCODE27. PAYMENT WILL BE MADE BYPHONE:FAX:28. NEGOTIATED AGREEMENT29. AWARDYourContractor agreesoffer on this solicitation, is hereby accepted as to the items listed. Thisto furnish and deliver all items or perform all work, requisitions identifiedaward consummates the contract. which consists of (a) the Governmenton this form and any continuation sheets for the consideration stated insolicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contractractual document is necessary.shall be governed by (a) this contract award, (b) the solicitation, and (c)the clauses, representations, certifications, and specifications incorporatedby reference in or attached to this contract.30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED31A. NAME OF CONTRACTING OFFICERTO SIGN30B. SIGNATURE30C. DATE31B. UNITED STATES OF AMERICABYOFFERAWARDSTANDARD 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 thanthe 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 38 U.S.C. 8127 (c)(Type or print)(Type or print)(Contractor is required to sign thisdocument 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 APPLICABLESee Continuation (Block 17 of the SF1442)Department of Veterans AffairsVA Maryland Health Care System (512)P. O. Box 1000Bldg. 101B, Room 8Perry Point, MD 21902Department of Veterans AffairsVAFSCAttn: East TeamPo Box 149971Austin TX 78714SOPHIE SPENCERCONTRACTING OFFICERCONTINUATION (BLOCK 17 OF SF1442): SCHEDULE OF SUPPLIES/SERVICES1.Base Year: May 1, 2013 (or date of award whichever is later) through April 30, 2014DESCRIPTIONCOEFFICIENTContract Coefficient for normal working hours_____________2.Option Year 1:May 1, 2014 through April 30, 2015DESCRIPTIONCOEFFICIENTContract Coefficient for normal working hours_____________3.Option Year 2:May 1, 2015 through April 30, 2016DESCRIPTIONCOEFFICIENTContract Coefficient for normal working hours_____________4. Option Year 3: May 1, 2016 through April 30, 2017DESCRIPTIONCOEFFICIENTContract Coefficient for normal working hours_____________5. Option Year 4: May 1, 2017 through April 30, 2018DESCRIPTIONCOEFFICIENTContract Coefficient for normal working hours_____________TABLE OF CONTENTSSECTION A - SOLICITATION/CONTRACT FORM………………………………………………………………………………………………………….1 INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS………………………………………………….….24 EVALUATION FACTORS FOR AWARD………………………………………………………………………………………………………………….…..25 INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS…………………………………………….….…..32 REPRESENTATIONS AND CERTIFICATIONS……………………………………………………………………………………………………….……...48 GENERAL CONDITIONS…………………………………………………………………………………………………………………………………..……….56 GENERAL REQUIREMENTS…………………………………………………………………………………………………………………………………………...84 GENERAL WAGE DETERMINATION……………………………………………………………………………………………………………………..………104SECTION 013323 SAMPLES AND SHOP DRAWINGS……………………………………………………………………………………………..……..117 SECTION 014219 REFERENCE STANDARDS………………………………………………………………………………………………………….……..121 SECTION 015719 TEMPORARY ENVIRONMENTAL CONTROLS……………………………………………………………………………….……128 SECTION 017419 CONSTRUCTION WASTE PROGRAM………………………………………………………………………………………………..134 PAST PERFORMANCE QUESTIONNAIRE BEST VALUE CONSTRUCTION…………………………………………………………………………140 ATTACHMENTS…………………………………..………………………………………………………………………………………………………………………153ATTACHMENT 1 – ICRA Color 10-26-11ATTACHMENT 2 – REVISED VSC SECURITY REQUEST PACKET_FORMS ONLY_APRIL 2012ATTACHMENT 3 – PIV BADGE OFFICE LOCATIONSSTATEMENT OF WORKThe VA Maryland Health Care System, Baltimore, Loch Raven and Perry Point VAMCs have a requirement for a general contractor to provide construction services to prepare site for building operations, including demolition and removal of existing structures, and furnish all labor, tools, materials, equipment, supplies and supervision to perform work as required by individual Task Orders (TO) as assigned under the resulting contract from this solicitation. This is an Indefinite-Delivery/Indefinite Quantity (IDIQ) type contract that encompasses a broad range of non-recurring maintenance and minor construction on real property located at the following three campuses:Baltimore VA Medical Center10 North Greene StreetBaltimore, MD 21201410-605-7000Perry Point VA Medical CenterVA Medical CenterPerry Point, MD 21902410-642-2411Loch Raven VA Community Living & Rehabilitation Center3900 Loch Raven BoulevardBaltimore, MD 21218410-605-7000Task Orders will vary in size and dollar amounts. Task orders will involve, but will not be limited to trades, such as carpentry, concrete, roofing, site work, excavation, interior renovation, carpet, window and door installation, electrical, steam fitting, plumbing, painting (interior/exterior), demolition, masonry or metal stud and sheetrock walls, install acoustical ceilings and light fixtures, HVAC, install ceramic tile/VCT flooring. Informal shop drawings, incidental to the job reflecting the plan of action and the completed project, may be required.During the contract period, FMS will identify projects for task orders, which will be issued by the Contracting Officer. The Contracting Officer will appoint a Contracting Officer’s Technical Representative (COTR). The Government has the right to withdraw a proposed task order before and after the receipt of the Contractor's proposal for the proposed task order.An emergency phone number must be provided where a Contractor point of contact can be reached at night, during weekends or holidays. That person must have the ability to obligate the Contractor. Contractor’s office or satellite base must be operational prior to award of the contract and throughout the duration of the contract, and must be open for business from 8:00 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.Contractor’s work and responsibility shall include all Contractor planning, programming, administration, and management necessary to provide all work required by this solicitation. The Contractor shall conduct the work in strict accordance with the contract and all applicable Federal, State, and local laws, regulations, codes, or directives. The Contractor shall insure that all work provided meets, or exceeds the scope of work for each task order, the contract specifications, and any special specifications included with any task order or specified or included in any applicable documents. The Government will provide the basic requirements for each task order to the Contractor detailing the work to be accomplished. The detail provided would vary from project to project from complete design documents to a general idea of what is required with no drawings. The Contractor is required to use whatever information is provided and submit a complete proposal regardless of the amount of information provided by the Government. In some cases, the Contractor shall be required to suggest methods and materials for performing the work necessary for a particular project. For task orders where the Government provides no drawings, the Contractor shall provide adequate drawings clearly indicating what work is included with the proposal.2. R. S. MEANSThe following R.S. Means titles for the current calendar year (Using the Latest quarter city cost indexes for Baltimore, MD 21201 and/or 21218 or Perry Point, MD 21902 for each task order) shall be used under this contract: Building Construction Cost Data, Concrete and Masonry Cost Data, Electrical Cost Data, Heavy Construction Cost Data, Interior Cost Data, Mechanical Cost Data, Plumbing Cost Data, Site Work and Landscape Cost Data, Green Building Cost Data and Facilities Construction Cost Data and Facilities Maintenance and Repair Cost Data. Bare costs include basic labor rates, direct labor, equipment, and material costs and column for O&P. The specified R.S. Means titles contain pricing information for the work to be accomplished and for the units of measure specified. The R. S. Means that is applicable to this contract consists of the following publication.The pricing guide may be purchased from:R. S. Means Company Incorporated Construction Publishers and Consultants Plaza Kingston, MA 02364-0800, Phone: 1-800-334-3509.b.The R. S. Means will be updated each calendar year with the current edition of the cost data, not updated during the contract period.c.The Contractor must furnish pricing (proposals) for each individual task order on a LINE ITEM BASIS (per R. S. Means line items). Each line item price, as derived from the R. S. Means, shall consist of BARE (DIRECT) COSTS only and the O&P column, and shall NOT include (INDIRECT) costs, such as: general and administrative (G&A) cost. The Contractor's (indirect) costs, G&A, are to be included in the coefficient factors, if any. d.All prices in the R. S. Means are for completed and in-place construction unless explicitly described otherwise. Incidental nails, screws, weldments, and connectors are considered in the R. S. Means line item cost. Unless a connector is specifically omitted in the R. S. Means line item description, testing, adjusting, balancing, start-up of installed equipment is included in the installed line item price in the R.S. Means. This includes items, such as, but not limited to, pipe testing; equipment start-up; system adjusting and balancing; concrete testing; and compaction and testing of compacted back-fill. Line items are for end finishes. For example, the line item price for concrete broom finish includes all finishes necessary to result in the broom finish. Line item prices are for materials or equipment delivered to the job site. e.Demolition. Selective removal type demolitions are listed in an additional column in the Unit Price Book (UPB) for all tasks that can be demolished, and do not include hauling costs. Site demolitions are assembly type of removals, and are to be used when appropriate. Line item demolition includes all attached appurtenances, for example, demolishing a door includes the hardware, and removing pipe includes all in-line fittings and valves. Unless explicitly required in the scope of work, demolition includes handling. Handling line items in the UPB are for the handling of debris that is present prior to the task/delivery work order. Handling is also allowed when use of a chute or elevator is required. Line item demolition prices include disposal costs, whether salvageable or non-salvageable material. 3. BARE (DIRECT) COSTSa.Bare (direct) costs represent the direct costs of labor, materials and equipment for a specific task as specified and listed in the R. S. Means. Bare (direct) costs do not include overhead and profit; andb.Bare (direct) costs do not include the costs, salaries and fringes of the owners of the company, company executives, or company officials. The costs, salaries, and fringes mentioned above are considered to be included in the coefficients bid as INDIRECT COSTS.NOTE: Re para (a): While bare costs include labor, material and equipment, RS means provides for overhead & profit whether prime or subcontractor does the work, including fringes and workers compensation in the labor rate. The costs for General Conditions, when applicable, should be added per task to the total cost including O&P. Costs for General Conditions, are listed in Division 1 of the Unit Price Section and the Reference Section of the RS Means book. The coefficient is for those “Indirect Costs: associated with salaries/fringes that relate to General & Administrative expenses such as company owners, executives, administrative support. Performance Bond is also covered under Division 1 and is part of RS Means. Offeror must provide thorough cost breakdown to support contract coefficient for each year.4. COEFFICIENT:The coefficient (Contractor’s cost for overhead, profit, insurance, protective clothing, etc) is the price multiple for bidding. The Government-established bare unit prices listed in the R. S. Means are multiplied by the coefficient to arrive at the actual price for the project. Example: if the unit price for painting one square foot of sheetrock is $5.00 and the coefficient is 1.2, the task order price would be $6.00 ($5.00 x 1.2 = $6.00). The contractor must use a coefficient as part of the cost/price proposal for the contract. The coefficient shall contain those “indirect costs” associated with salaries/fringes that relate to General & Administrative expenses such as company owners, executives, administrative support, etc.. The total price of an individual item multiplied by the coefficient is the total price for the item and includes all costs associated with providing and installing the item, as no other allowance will be made for other than construction items, either pre-priced or non-pre-priced. The Contractor shall not include contingency costs in their coefficient. The Government reserves the right to negotiate the coefficient should it not be determined to be reasonable, allowable or allocable.The offeror shall provide documentation supporting that bonding can be obtained for task orders.The Government reserves the right to negotiate any proposal (priced or pre priced) that it determines not to be fair and reasonable as proposed. All components of price shall be included in the offeror's coefficient, and shall be fully supported. No allowance for an omitted cost will be made later.The unit prices in the “Bare Costs” column, stated in the R. S. Means, include labor, materials, and equipment costs.5. TASK ORDER PRICINGa.The price of any individual task/delivery order is determined as follows:1.The unit prices for material are added, resulting in a total unit price for material. The unit prices for labor are added, resulting in a total price for labor. NOTE: In most items, equipment costs are included in the labor costs.2.The unit price totals of each category task involved in the task order are added up (along with the O&P column and bond), and then multiplied by the coefficient to determine the total task order price.6. NON PRE-PRICED ITEMSa.Items of work not covered by the contract, may be negotiated by the Contracting Officer, through the COTR, and added to a task order at any time during the contract. Added items of work shall be incorporated into and made a part of the task/delivery work order, and shall be performed at the negotiated unit price. Non pre-priced work shall be so noted on each task/delivery work order. Non pre-priced proposals shall be supported with verifiable documentation supporting competitive quotes (minimum of two), catalogue prices, etc. for all non-pre-priced work. Non pre-priced items shall be proposed in bare costs only (material, equipment, and labor) multiplied by the quantity and the contract coefficient. Repetitive items may be negotiated and incorporated to the R. S. Means by modification to the contract, thereby making it a pre-priced item for the remainder of the contract. The determination to add or not to add a non-priced item to the R. S. Means is made by the GovernmentNOTE:To calculate the final costs on a task order with non priced items, total the non pre-priced items costs (bare costs x the overhead and profit rate) and add that total to the priced items total cost (bare cost x the coefficient) and for a total cost (priced and non-priced items) multiply that with the bonding premium rate to arrive at a total task order cost.7. MINIMUM AND MAXIMUM CONTRACT VALUE: The guaranteed minimum quantity of work which will be required under this contract, and which will be initiated by one or more task/delivery work orders, will not be less than $2,000.00. Individual task orders shall range from $2,000.00 to no more than $500,000.00. The maximum contract value shall not exceed $4,999,999.00, including option years.8. CONTRACTOR STAFF AND EMPLOYEES:Prior to issuance of the first Task/delivery work order, the Contractor shall provide the Contracting Officer with a telephone number at which the Contractor may be contacted at any time during regular working hours and an emergency number at which the Contractor may be contacted in situations requiring immediate attention.9. WORK PROGRESS AND SCHEDULES:1.A bi-weekly meeting shall be held with the Contractor, Contracting Officer, and Contracting Officer’s Technical Representative (COTR), if necessary, to discuss work progress; problems; and/or differing site conditions that may result in potential change orders.2.For task orders with performance periods of ninety (90) calendar days or more, or at the direction of the Contracting Officer, a Progress Schedule shall be prepared and submitted to the Contracting Officer within ten (10) calendar days of notice-to-proceed for a project. The work shall be scheduled so that, upon the start of construction, work progresses in an appropriate and diligent manner. A schedule, which does not reflect steady and reasonable progress throughout the construction period, will be rejected.3. For task orders with a performance period of less than ninety (90) calendar days, no progress schedule shall be required. 10. VETS 100:Title 38, USC Section 4212(d) and Public Law 105-339, requires that federal contractors report, at least annually, the number and category of veterans who are within their workforce. Submission of the VETS 100 reporting information can be done electronically at: <;. For procurement awards in excess of $30,000, this report must be completed and accepted prior to any Federal contract award. Therefore, all potential contractors are encouraged to file every year. 11. SYSTEM FOR AWARD MANAGEMENT (SAM):Federal Acquisition Regulations require that federal contractors register in the System for Award Management (SAM) database at and enter all mandatory information into the system. Award cannot be made until the contractor has registered. Bidders are encouraged to ensure that they are registered in SAM prior to submitting their bid.12. REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE SYSTEM (CPS)a.As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (VA) evaluations contractor past performance on all contracts that exceed $100,000, and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that the contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement VA uses an online database, the Contractor performance System (CPS) which is maintained by the National Institutes of Health (NIH). The CPS database information is shared with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies.b.Each contractor whose contract award is estimated to exceed $100,000 is required to register with the database at the following web address: . Help in registering can be obtained by contacting CPS Support E-mail or by calling. Registration should occur no later than thirty days after contract award, and must be kept current should there be any change to the contractor’s registered representative. c. For contracts with a period of one year or less, the contracting officer will perform a single evaluation when the contract is complete. For contracts exceeding one year, the contracting officer will evaluate the contractor’s performance annually. Interim reports will be filed each year until the last year of the contract, when the final report will be completed. The report shall be assigned in CPS to the contractor’s designated representative for comment. The contractor representative will have thirty days to submit any comments and reassign the report to the VA contracting officer.d. Failure to have a current registration with the, or to reassign the report to the VA contracting officer within those thirty days, will result in the Government’s evaluation being placed on file in the database with a statement that the contractor failed to respond.13. ORDERING PROCEDURESa.The Contracting Officer, or his/her authorized representative, will notify the Contractor that a requirement exists for the Construction contract. The notification will include a task\delivery work order, which includes the scope of work; any available drawings and technical documents; and a list of material submittals.b.The Contractor shall coordinate a site visit with the Contracting Officer, or his/her authorized representative, by telephone within two (2) workdays after receipt of the notification. The Contractor, Contracting Officer or his/her duly authorized representative, the project engineer and/or the Government inspector will participate in the site visit. The purpose of the site visit is to familiarize the Government and Contractor with the condition of the site, and to identify any special conditions, which may be present. c.After the site visit has been conducted, the Contractor shall submit his proposal to the Contracting Officer at the time mutually agreed upon by the Contractor and the Contracting Officer, but no later than seven (7) workdays after the site visit. In the absence of an agreement, the proposal shall be submitted within five (5) workdays after requested by the Contracting Officer.d.The Contractor's proposal shall be submitted using the R. S. Means, and shall be accompanied by necessary technical documentation to identify that adequate engineering and planning has been accomplished to meet the performance requirements. Examples of documentation that might reasonably be expected would include drawings or sketches, catalog cuts, calculations, specifications, bills of materials, etc. Any non-pre-priced work must be supported with verifiable documentation outlined in Paragraph 5.e.Upon receipt of the Contractor's proposal, the Government will review the proposal. The Contractor's proposal must address non-priced items. If there are quantity differences to be resolved, or if the Government or the Contractor determines quantity verification is necessary, a second site visit may be made to measure and reach agreement on quantities. The Contractor, Contracting Officer or his/her duly authorized representative, project engineer and/or Government inspector will participate in this site visit.f.Upon receipt of the Contractor's proposal, the Government will review the proposal for completeness. The Government will negotiate with the Contractor the method, non-pre-priced items as applicable, performance times, and quantities.g.The Contractor is put on notice that circumstances may prohibit the Government from issuing an individual task/delivery work order even after the receipt and/or negotiation of the Contractor's task order proposal.h.If such circumstances arise, the Government is not obligated to reimburse the Contractor for any costs incurred in the preparation of the task/delivery work order proposal.14. 52.216-18? ORDERING (Oct?1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through April 30, 2018. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. (End of clause)15. 52.216-22 INDEFINITE QUANTITY (OCT 1995)(a)This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated found in Block 17 of the SF1442 (continuation page). (b)Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." (c)Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d)Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after completion of the last task/delivery work order issued against this contract.16. CONTRACT PERIOD OF PERFORMANCEa.This is an indefinite delivery/indefinite quantity type contract for the maintenance, repair and minor construction work on real property. Task orders may be issued in the base year and up to 4 one-year option periods.b.A specific period of performance shall be negotiated for each task order issued under this contract.NOTE: Exercise of option will extend the dates specified herein by the length of the option period.17. OPTION TO EXTEND THE TERM OF THE CONTRACTa.The initial performance period of this contract is May 1, 2013 (or date of award whichever is later) through April 30, 2014. The Government has the option to extend the services for four (4) additional twelve (12) month periods, which may be exercised by the Contracting Officer as follows under FAR Clause 52.217-9, Option to Extend the Term of the Contract:PreliminaryOptionPeriodNotice DateExercise Date before contract expiresOption Year 160 days30 daysOption Year 260 days30 daysOption Year 360 days30 daysOption Year 460 days30 daysPreliminary notice of intent to exercise the option shall not commit the Government to renewal; however, the option must be exercised by the "Option Exercise Date".b.Exercise of option shall be evidenced by modification to the contract, citing this section as the authority for modification. Option shall be considered to have been exercised at the time the Government deposits written notification to the Contractor in the mail. Options may be exercised subject to funds becoming available prior to commencement of any performance.18. 52.216-19??Order Limitations (Oct?1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor— (1) Any order for a single item in excess of $500,000.00; (2) Any order for a combination of items in excess of $500,000.00; or (3) A series of orders from the same ordering office within ten calendar days that together call for quantities exceeding the limitation in paragraph?(b)(1) or (2) of this section. (c) If this is a requirements contract (i.e.,?includes the Requirements clause at subsection?52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph?(b) of this section. (d) Notwithstanding paragraphs?(b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph?(b), unless that order (or orders) is returned to the ordering office within three calendar days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of clause)19. PRE-CONSTRUCTION CONFERENCEInitial conference. When determined appropriate by the Contracting Officer, before the issuance of the first task/delivery work order under the contract, a pre-construction conference may be conducted to acquaint the Contractor with Government policies and procedures that are to be observed during the prosecution of the work, and to develop mutual understanding relative to the administration of the contract. It is strongly suggested that the Contractor's Project Manager, Quality Control Manager, Superintendent, and other appropriate employees attend this meeting.Individual task/delivery work order conference. At the discretion of the Contracting Officer, or his/her authorized representative, a pre-construction conference may be conducted prior to the commencement of work on individual task orders.20. SCHEDULING OF WORKBefore commencement of work under an individual task/delivery work order, the Contractor shall confer with the Contracting Officer's Representative, as well as the building occupant, and agree on a sequence of procedures; means of access to premises and building; space for storage of materials and equipment; delivery of materials and use of approaches; use of corridors, stairways, elevators, and similar means of communications; location of partitions, eating spaces, and restrooms for Contractor employees; and the like.Delivery of materials and equipment shall be made with a minimum of interference to Government operations and personnel.The work shall, so far as practicable, be done in definite sections or divisions, and confined to limited areas which shall be completed before work in other sections or divisions is begun.Most work shall be performed in occupied areas.The Contractor shall take all precautions to ensure that no damage will result from his operations to private or public property. All damages shall be repaired or replaced by the Contractor at no cost to the Government.The Contractor shall be responsible for providing all work site protective barriers and site control devices. This includes, but is not limited to: protective fences; protective tapes; and protective signage. The Contractor shall be responsible for providing all necessary traffic control, such as, street blockages, traffic cones, flagman, etc., as required for each specific task/delivery work order, at no additional cost to the Government. Proposed traffic control methods shall be submitted to the Contracting Officer's representative for final approval. None of the streets shall be completely closed to traffic without prior approval from the Contracting Officer's representative.At the beginning of each working day, the Contractor shall notify the Contracting Officer's representative of the location(s) of work to be accomplished that day.All temporary outages of any utility services required for the performance of work shall be scheduled with the Contracting Officer's representative no less than five (5) workdays in advance of such outages in writing. 21. TOILET FACILITIESThe Contractor's personnel will be permitted to use toilet facilities on the premises subject to regulation and control of the Contracting Officer's representative. In the event none are available, the Contractor shall, at his own expense, provide portable facilities, as required. In addition, toilet facilities desired at the Contractor's management office shall be provided at the expense of the Contractor.22. TASK/DELIVERY WORK ORDER STATUS REPORTSThe Contractor shall prepare and furnish weekly a report on all open task/delivery work orders. The Contracting Officer will approve the format and content of the report. A copy will be provided to the Contracting Officer's Representative. Information contained in the status report should identify the task/delivery work order number, title of task/delivery work order, issue date, award date, start date, dollar amount, required completion date, actual completion date, schedule progress and actual progress percentage, and comments.23. WASTE AND EXCESS QUANTITIES INCLUDED IN THE COMPLETED-IN-PLACE CONSTRUCTION QUANTITIESWaste or excess material quantities are incidental costs, which are included within the contract coefficient unless explicitly stated otherwise. Quantities used on individual task/delivery work order proposals shall be taken from field measurements or design plans, as appropriate, without allowance for waste.24. PRICE ADJUSTMENT MODIFIERSThe R.S. Means presented under this contract contains unit pricing data to be used by the Contractor in development of price proposals for each task/delivery work order. The pricing data is presented as basic items and as price adjustment modifiers to the basic item. Price adjustment modifiers provide a method for adding to or deducting from the basic item prices for optional materials and/or methods of installation. One or more modifiers can be utilized to adjust the basic item price as listed by the appropriate suffix number of basic line.25. CONTRACTOR ACCESSMost work will be in occupied areas. The area wherein work is to be performed under this contract may be occupied by Government services during the construction period. The Contractor shall have access to that portion of the area within which work is to be performed. The movement of Contractor personnel, his equipment, materials, and tools shall be confined to this area so as not to interfere with ongoing operations in the work areas.26. CONTRACTOR QUALITY CONTROLThe Contractor Quality Control (CQC) Plan, with which the Contractor proposes to implement the requirements of FAR Clause 52.246-12, entitled "Inspection of Construction", shall identify personnel, procedures, instructions, records, and forms to be used. Within sixty (60) days of contract award, and prior to commencement of work under individual task/delivery work orders, the Contractor's Quality Control Plan shall be received, reviewed, and formerly approved by the Contracting Officer. Failure to execute the Quality Control Plan shall result in withholding of funds from progress payments in accordance with FAR Clause 52.232-5, entitled :Payments Under Fixed-Price Construction Contracts.”.Coordination Meeting: Prior to the issuance of the first task/delivery work order, the Contractor shall meet with the Contracting Officer or designated representative, and discuss the Contractor's quality control system. During the meeting, a mutual understanding of the system details shall be developed, including the forms for recording the CQC operations, control activities, testing, administration of the system for both on-site and off-site work, and the interrelationship of Contractor's inspection and control with the Government's Quality Assurance. Minutes of the meeting shall be prepared by the Contractor and signed by both the Contractor and the Contracting Officer. The minutes shall become a part of the contract file. There may also be occasions when subsequent conferences will be called to reconfirm mutual understandings.a.The Quality Control Plan shall include as a minimum, the following:(1)A description of the quality control organization, including chart showing lines of authority and acknowledgement that the CQC staff shall report to the project manager or someone higher in the Contractor's organization.(2)The qualifications, duties, responsibilities, and authorities of each person assigned a quality control function.(3)A copy of the letter to the Quality Control Manager, signed by an authorized official of the firm, which describes the responsibilities and delegates the authorities of the Quality Control Manager, shall be furnished.(4)Procedures for scheduling and managing submittals, including those of subcontractors, offsite fabricators, suppliers, and purchasing agents.(5)Control testing procedures for each specific test performed on any task/delivery work order will be submitted and approved prior to the start of construction on that task/delivery work order (Laboratory facilities will be approved by the Contracting Officer).(6)Reporting procedures, including proposed reporting formats and distribution of the documents.The Government reserves the right to require the Contractor to make changes in his CQC Plan and operations as necessary to obtain the quality specified. These changes must be submitted to and approved by the Contracting Officer. Notification of Changes: The Contractor shall notify the Contracting Officer in writing of any proposed changes. Proposed changes are subject to acceptance by the Contracting Officer.b.Quality Control Organization(1)CQC System Manager: The Contractor shall identify an individual, within his organization, who shall be responsible for overall management of CQC and have authority to act in all CQC matters for the Contractor. The Contracting Officer shall approve the CQC System Manager and replaced if the CQC System Manager is unable or unwilling to perform his duties as prescribed.(2)Personnel: A staff shall be maintained under the direction of the CQC System Manager to perform all quality control activities. The actual strength of the staff during any specific work period may vary to cover work phase needs, shifts, and rate of placement. The personnel of this staff shall be fully qualified by experience and technical training to perform their assigned responsibilities, and shall be directly hired by and work for the prime Contractor.(3)Minimum Qualifications: Inspectors shall have working knowledge of general construction. The major areas of construction are electrical, mechanical, site work, masonry, finish work, and carpentry. The inspectors may have expertise in one or two areas, and may inspect those areas when that type of work is ongoing.(4)Minimum Staffing: Each task order in progress shall be comprehensively inspected at least daily, and these inspections shall be documented.c.SUBMITTALS: The CQC organization shall be responsible for certifying that all submittals are in compliance with the contract requirements.d.CONTROL:Contractor quality control is the means by which the Contractor assures himself that his construction complies with the requirements of the contract plans and specifications. The controls shall be adequate to cover all construction operations, including both on-site and off-site fabrication, and will be keyed to the proposed construction sequence. Quality control includes, as a minimum, the following functions:(1)All submittals are submitted in a timely fashion.(2)The submittals are approved (The Government requires 15 calendar days to review submittals).(3)The supplies that are delivered are the same as the ones on the submittal.(4)The supplies are in the proper condition when delivered.(5)The supplies are stored properly.(6)The construction equipment is correct and meets contract requirements.(7)Testing provisions are reviewed and testing equipment and personnel are available and correct.(8)All tests are performed at the proper times and in the proper places.(9)All test reports meet contract requirements.(10)The workers are cognizant of the required level of workmanship.(11)Inspect each area of work to ensure the preparation for the work is correct.(12)Inspect each feature of the work to ascertain that no deficient work is covered up by succeeding work.(13)Inspections shall continue throughout the contract.(14)Document all inspections.(15)The documentation covers both conforming and defective work.(16)All deficiencies are corrected.(17)Develop procedures to ensure that deficiencies do not recur.(18)Develop a "punch list" for the completion inspection.(19)Government officials are notified at the proper times of inspections or tests that are required.e.TESTS: (1)Testing Procedures: The Contractor shall perform tests specified or required to verify the control measures are adequate to provide a product which conforms to contract requirements. The Contractor shall procure the services of an industry recognized testing laboratory, or establish an approved testing laboratory at the project site. The Contractor shall perform the following activities and record and provide the following data:(a)Verify that testing procedures comply with contract requirements.(b)Verify that facilities and testing equipment are available, and comply with testing standards.(c)Check test instruments calibration data against certified standards.(d)Verify that recording forms, including all of the test documentation requirements, have been prepared.(2)Testing:(a)Capability Check: The Contracting Officer's Representative will have the right to check laboratory equipment in the proposed laboratory for compliance with the standards set forth in the contract specifications, and to check the laboratory technician's testing procedures and techniques.(b)Capability Re-check: If the selected laboratory fails the capability check, the Contractor shall be assessed a charge of $750.00 to reimburse the Government for each succeeding re-checks of the laboratory or the checking of a subsequently selected laboratory. Such costs will be deducted from the contract amount due the Contractor.(c)Project Laboratory: The Contracting Officer's Representative will have the right to utilize the Contractor's control testing laboratory and equipment to make assurance tests, and to check the Contractor's testing procedures, techniques, and test results at no additional cost to the Government.(d)Transportation of Samples for Testing: Costs incidental to the transportation of samples or materials will be borne by the Contractor. Costs incidental for transportation of samples of materials for test verification and acceptance testing by the Government shall be borne by the Contractor. (3)Completion Inspection: At the completion of all work or any increment thereof, established by a completion time stated elsewhere in the specifications, the CQC System Manager shall conduct a completion inspection of the work, and develop a "punch list" of items which do not conform to the approved plans and specifications. Such a list shall be included in the CQC documentation as required by paragraph 4 below, and shall include the estimated date by which the deficiencies will be corrected. The CQC System Manager or his staff shall make a second completion inspection to ascertain that all deficiencies have been corrected, and so notify the Contracting Officer's Representative. The completion inspection, and any deficiency corrections required by this paragraph, will be accomplished within the time stated for completion of the entire work or any particular increment thereof, if the project is divided into increments by separate completion dates. The completion inspection and second inspection shall be performed before the works are turned over to the contract inspectors as being complete.(4)Documentation:(a)Records: The Contractor shall maintain current records of quality control operations, activities and tests performed, including the work of suppliers and subcontractors. The records shall be on the Daily Construction Quality Control Report, and indicate a description of trades working on the project, the number of personnel working, the weather conditions encountered, any delays encountered, and acknowledgement of deficiencies noted, along with the corrective action taken on current and previous deficiencies. In addition, these records shall include factual evidence that required activities or tests have been performed, including, but not limited to, the following:-Type and number of control activities and tests involved;-Results of control activities or tests;-Nature of defects, causes for rejection, etc.;-Proposed remedial action; and -Corrective actions taken.(b)Content: These records shall cover both conforming and defective or deficient features, and shall include a statement that supplies and material incorporated in the work have been inspected and comply with the contract. Two (2) legible copies of these records shall be furnished to the Contracting Officer's Representative daily.(5)Notification of Non-compliance: The Contracting Officer will notify the Contractor of any noncompliance with the foregoing requirements. The Contractor shall, after receipt of such notice, immediately take corrective action. Such notice, when delivered to the Contractor, or his representative at the site of the work, shall be deemed sufficient for the purpose of notification. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. 27. DEVIATION FROM PROPOSED LIST OF SUBCONTRACTORSThe Contractor shall update the list of his subcontractors per task, and submit the updated list to the Contracting Officer. This list shall contain all subcontractor deviations (increases/decreases) that vary from the original list of completed subcontractors provided in the quality proposal.The Contractor shall submit a list of subcontractors for each task/delivery work order.28. OPERATIONS AND MAINTENANCEPrior to payment of each task/delivery work order, the Contractor shall submit one (1) complete equipment listing, to include all name-plate data, and four (4) copies of all operation and maintenance manuals to the Ordering Officer for HVAC systems, electrical controls, etc. The Contractor shall conduct a training session to brief Government personnel on the operation and maintenance procedures of such systems.29. RELEASE OF QUALITY CONTROL PLANThe Government reserves the right, upon award of this contract, to disseminate within the Government, for official use, without prior approval of the Contractor, the Quality Control Plan and other plans and documents identified and submitted by the Contractor for the intended use of inspection, surveillance, or for any administrative or contractual function under this contract.30. SAFETY ASSURANCEThe Contracting Officer will notify the Contractor when a Pre-construction Safety Meeting is required for a particular task/delivery work order. Representatives of the Contractor shall meet with the Contracting Officer or his/her representatives prior to the start of repair, alteration, or construction activities for the purpose of reviewing the Contractor's safety and health programs, and discussing implementation of all safety and health provisions pertinent to the work to be performed under the contract. The Contractor shall be prepared to discuss, in detail, the measures he/she intends to take in order to control any unsafe or unhealthy conditions associated with the work to be performed under the contract. This meeting may be held in conjunction with the pre-construction conference, if so directed by the Contracting Officer or his/her designated representative. The conduct of this meeting is not contingent upon a general pre-construction meeting. The level of detail for the safety meeting is dependent upon the nature of the work and the potential inherent hazards. The Contractor's principal representative(s), the general superintendent, and his/her safety representative(s) shall attend this meeting.Contractor Responsibility: The Contractor shall assume full responsibility and liability for compliance with all applicable OSHA regulations pertaining to the health and safety of personnel during the execution of work, and shall hold the Government harmless for any action on his part or that of his employees or subcontractors, which results in illness, injury, or death. Contractors are required to report, any accidents or injuries that occur on the job. A verbal report will be made to the Contracting Officer, immediately, and followed by a written incident report within 24 hours to the Contracting Officer.Inspection, Tests, and Reports: The required inspections, tests, and reports made by the Contractor, subcontractors, specially trained technicians, equipment manufacturers, and others, as required by a task/delivery work order, shall be furnished in accordance with the terms of the task/delivery work order.Materials and Equipment: Special facilities, devices, equipment, clothing, and similar items used by the Contractor in the execution of work shall comply with the applicable regulations.31. NORMAL WORK HOURSNormal work hours are from 8:00 A.M. to 4:30 P.M., Monday through Friday. Contractors will not be permitted to work on Saturday, Sunday, or federal holidays unless otherwise authorized in writing by the Contracting Officer. The exclusion of work on Saturday, Sunday, and federal holidays will be considered in computing the performance time of each task/delivery work order. The following federal holidays are observed:January 1st- New Year’s Day3rd Monday in January - Martin Luther King’s Birthday3rd Monday in February-Washington’s Birthday Last Monday in May- Memorial DayJuly 4th- Independence Day1st Monday in September - Labor Day2nd Monday in October - Columbus DayNovember 11th - Veterans Day4th Thursday in November-Thanksgiving DayDecember 25th- Christmas Day32. SPECIAL WORKING HOURSCircumstances may require work in individual task orders, during times outside of the normal working hours. The difference between normal and premium wages, and associated expensed may be added through negotiation with the Contracting Officer.33. 52.222-11?SUBCONTRACTS (Labor Standards). Subcontracts (Labor Standards) (July?2005)(a) Definition. “Construction, alteration or repair,” as used in this clause, means all types of work done by laborers and mechanics employed by the construction Contractor or construction subcontractor on a particular building or work at the site thereof, including without limitation— (1) Altering, remodeling, installation (if appropriate) on the site of the work of items fabricated off-site; (2) Painting and decorating; (3) Manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or work; (4) Transportation of materials and supplies between the site of the work within the meaning of paragraphs (a)(1)(i) and (ii) of the “site of the work” as defined in the FAR clause at 52.222-6, Davis-Bacon Act of this contract, and a facility which is dedicated to the construction of the building or work and is deemed part of the site of the work within the meaning of paragraph (2) of the “site of work” definition; and (5) Transportation of portions of the building or work between a secondary site where a significant portion of the building or work is constructed, which is part of the “site of the work” definition in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Davis-Bacon Act, and the physical place or places where the building or work will remain (paragraph (a)(1)(i) of the FAR clause at 52.222-6, in the “site of the work” definition). (b) The Contractor shall insert in any subcontracts for construction, alterations and repairs within the United States the clauses entitled— (1) Davis-Bacon Act; (2) Contract Work Hours and Safety Standards Act—Overtime Compensation (if the clause is included in this contract); (3) Apprentices and Trainees; (4) Payrolls and Basic Records; (5) Compliance with Copeland Act Requirements; (6) Withholding of Funds; (7) Subcontracts (Labor Standards); (8) Contract Termination—Debarment; (9) Disputes Concerning Labor Standards; (10) Compliance with Davis-Bacon and Related Act Regulations; and (11) Certification of Eligibility. (c) The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor performing construction within the United States with all the contract clauses cited in paragraph (b). (d)(1) Within 14 days after award of the contract, the Contractor shall deliver to the Contracting Officer a completed Standard Form (SF) 1413, Statement and Acknowledgment, for each subcontract for construction within the United States, including the subcontractor’s signed and dated acknowledgment that the clauses set forth in paragraph (b) of this clause have been included in the subcontract. (2) Within 14 days after the award of any subsequently awarded subcontract the Contractor shall deliver to the Contracting Officer an updated completed SF 1413 for such additional subcontract. (e) The Contractor shall insert the substance of this clause, including this paragraph (e) in all subcontracts for construction within the United States. 34. LABOR – ADDITIONAL REQUIREMENTSApplication of Wage Rates and Fringe Benefits: For the application of the wage rates and fringe benefits, contained in the Decisions of the Secretary of Labor, attached to and made a part of this contract, all work shall be considered building construction.The Wage Decision applicable to the work performed is applicable to each Task Order (TO).35. SPECIFICATIONSIndividual task/delivery work orders shall be accomplished in accordance with the R. S. Means. Individual task orders will identify what sections of the R.S. Means are applicable to the Individual Task/delivery work orders. Applicable VA Master Specifications will be incorporated into each task order. If the R.S. Means are modified to make the technical requirements project specific, this will be included in the task/delivery work order proposal. If additional specifications sections beyond the specifications sections applicable from the estimate the VA shall include them with the task/delivery work order. All work shall be compliant with the VA master specifications located in the Office of Construction & Facilities Management Technical Information Library @ . MISCELLANEOUS CONSTRUCTION REQUIREMENTSProvide daily on-site project management to coordinate all building trades and provide liaison for construction and VA Project Engineering. General Foreman will be designated and be on-site at all times.Follow all Infection Control Risk Assessment (ICRA) guidelines for dust control during all construction work. A construction dust “Risk Assessment” will be conducted by the Medical Center’s Infection Control Nurse. Temporary “dust” barriers will be installed based on this assessment. Bi-weekly inspections of barriers and work areas will be conducted by Infection Control Nurse, Safety Manager, and COTR to enforce implementation of risk assessment.Follow Interim Life Safety Measures. Any series of Operational Actions taken to temporarily reduce hazards posed by Life Safety deficiencies which have been created by demolition, renovation, or construction works, and which are to remain in place and in effect for duration of Contract work. Provide interim life safety measures (ILSM) where fire protection, fire suppression or smoke/fire partitions will be shutdown or rendered ineffective during construction. Coordinate with VA safety office through VA COTR. ILSM must be posted outside work area at all times. All equipment and materials shall be approved prior to being brought on job site. Normal work hours are Monday through Friday 8:00 a.m. to 4:30 p.m. Contractor shall make prior arrangements to work earlier or later with Project Manager. Also, contractor shall make arrangements for sub-contractors to work in secured areas. VA will not grant access to subs, it is the responsibility of the contractor. Daily logs shall be submitted to the COTR the Monday following each week worked. When using special keys for access to roof, mechanical and electrical areas, doors must be kept closed and locked while in such spaces. Contractor must obtain a burn permit from VA Safety Office prior to any welding, soldering work and burning. The work is in a professional environment, employees must conduct themselves accordingly. Employees shall not use abusive language, carry firearms, or bring alcoholic beverages on site. Employee's dress code shall consist of normal work uniform. Shirts must be worn at all times.Contractor shall provide general clean up to construction area daily to the satisfaction of the VA Project Manager.Remove demolished equipment and restore site.Hospital smoking policy (NO SMOKING IN THE BUILDING).OSHA and VA CONSTRUCTION SAFETY STANDARDS will be enforced. Contractor must have 30 hour OSHA Construction Safety course.Contractor and any subcontractors, suppliers and anyone else in the contractor's employment cannot park in the VA garage (Baltimore facility only).Any use of VAMC elevator systems shall be preapproved by the COTR or CO and may be denied for any reason identified by the COTR or RMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS BID GUARANTEE AND BONDS: (a) A bid guarantee may be required (by task order) in an amount not less than 20 percent of the bid price but shall not exceed $3,000,000.00. (b) When a task order exceeds $25,000 (see FAR 28.102-1 for lesser amount), the contractor 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: The VA Maryland Health Care System (VAMHCS) has a requirement for a general contractor to provide construction services to prepare site for building operations, including demolition and removal of existing structures, and furnish all labor, tools, materials, equipment, supplies and supervision to perform work as required by individual Task Orders (TO) as assigned under the resulting contract from this solicitation. This is an Indefinite-Delivery/Indefinite Quantity (IDIQ) type contract that encompasses a broad range of non-recurring maintenance and minor construction on real property located at the following locations: VA Medical Center, 10 North Greene Street, Baltimore, MD 21201, Perry Point VA Medical Center, Perry Point, MD 21902 and/or Loch Raven VA Community Living & Rehabilitation Center, 3900 Loch Raven Boulevard, Baltimore, MD 21218. Task orders will vary in size and dollar amounts. Task orders will involve, but will not be limited to trades, such as carpentry, concrete, roofing, site work, excavation, interior renovation, carpet, window and door installation, electrical, steam fitting, plumbing, painting (interior/exterior), demolition, masonry or metal stud and sheetrock walls, install acoustical ceilings and light fixtures, HVAC, installation of ceramic tile/VCT flooring. Informal shop drawings, incidental to the job reflecting the plan of action and the completed project, may be required. Cost Range: Task Orders ranging from $2,000.00 - $500,000.00. Maximum order limitation for the contract, including option years, is $4,999,999.00EVALUATION PROCEDURES/PROPOSAL SUBMISSION REQUIREMENTS PREPARATION OF PROPOSALS AND REQUIREMENTS:All proposals shall be submitted by the date and time specified in the solicitation or otherwise specified in any amendment issued thereafter. Proposals shall be submitted in three parts, a Technical Proposal. Past Performance Proposal and a Price Proposal.? Your submittal must include a one-sided original and three (3) copies of the Technical Proposal, and a one-sided original and three (3) copies of the Price Proposal.? The Price Proposal shall be sealed in a single, labeled package, separate from the Technical Proposal.All pages containing text shall be consecutively numbered, type-written on 8-1/2x11 inch paper with margins of at least one inch, and created using a font no smaller than 12.? Proposals shall not be permanently bound (in order to facilitate incorporation of portions of the proposal into the final contract document if necessary). The format used for the areas and factors below shall be strictly adhered to.? All responses in the offeror’s package shall clearly indicate the applicable Evaluation Area, and Section, if applicable. It is the offeror’s responsibility to insure the completeness of the proposal.? The evaluation panel for the Government may evaluate solely on the information provided in the initial proposal and will not assume that an offeror possesses any capability that is not specifically identified in the proposal.Offerors are advised that award will be made on the basis of Best value to the Government.???Offers who do not propose to provide pricing for all line items in Block 17 of the SF1442 will not be considered for award.Please Note: Missing, incomplete, or ambiguous information could result in a rating of “unacceptable.”? The evaluation factors are listed below. It is intended that proposals be evaluated, and award made, without discussions with the offerors (other than communications conducted for purpose of minor clarification(s)), unless discussions are determined to be necessary.? Failure to submit mandatory information for a factor, indicated by the word shall, will result in a rating of “unacceptable” for that factor, and the offer may be ineligible for award unless the Contracting Officer decides to hold discussions, and includes the offeror in the competitive range. Requested information, indicated by the word should, is not mandatory, but missing, incomplete, or ambiguous information may result in a rating of “unacceptable” for that factor. SOURCE SELECTION ROLES AND RESPONSIBILITIES: Source Selection Evaluation Board (SSEB): Conduct a comprehensive review and evaluation of proposals against the solicitation requirements, prepare items for negotiations, prepare evaluation report and provide information for debriefings of unsuccessful offerors. The SSEB will evaluate Factor 1- Technical Construction Management Capability and Factor 2 - Past Performance. Procuring Contracting Officer (PCO): Acts as the business advisor to the SSEB, act as the point of contact between the Government and the offerors, determines which offerors are within the competitive range, conduct negotiations as necessary, make award and chair all required debriefings. The PCO will evaluate price proposals. C. BASIS FOR CONTRACT AWARD: This is a best value source selection conducted in accordance with Federal Acquisition Regulation 15.3, Source Selection. The Government anticipates awarding an Indefinite Delivery, Indefinite Quantity (1D1Q)? single award contract as a result of this solicitation. The Government intends to select the best value offer based on a trade off analysis per FAR 15.101-1, based upon the following evaluation criteria:? 1. Technical Construction Management Capability, 2. Past Performance, and 3. Cost/Price. This solicitation may result in an award to the technically capable, higher rated, higher priced offer, consistent with the evaluation factors contained herein. The Government may reasonably determine that the technical superiority and/or overall business approach and/or superior present and past performance of the higher priced offer outweighs the cost difference. Technical Construction Management Capability and Past Performance Factors are equal to each other but when combined are more important than price. To arrive at a source selection decision, the Government will make an assessment of the proposals submitted in response to the evaluation factors and sub factors described below.? D. EVALUATION FACTORS:Factor 1 Technical Construction Management Capability: Technical Proposal will be evaluated by the SSEB: Factor 2 Past Performance: Past Performance information will be evaluated by the SSEB.Factor 3 Cost/price: Pricing information will be evaluated by the PCO.FACTOR 1 — TECHNICAL CONSTRUCTION MANAGEMENT CAPABILITY: The contractor’s technical proposal shall address each of the following elements:MULTIPLE PROJECT EXPERIENCE: The Offeror shall demonstrate relevant company construction work experience in handling multiple projects in one location by providing the following information for projects performed within the past three (3) years:(1)???????? Project titles, location and brief description including the building use (Medical Facility etc) and contracting method (design build, design bid construct, CM at risk etc). (2)???????? Project owner and name and telephone number of owner’s contact person.(3)???????? Project Prime Contractor and Major Subcontractors and name and telephone number of contact person(s). Note each firm and managing persons (project manager/superintendent/foreman as the case may be) also proposed for this solicitation.(4)???????? Project Statistics including start and completion dates (original vs. actual) for design and construction; cost (with brief explanation of what is included in the cost); square footage; foundation type; number of levels; and any awards (prizes) received.PROJECT PERSONNEL EXPERIENCE (SPECIALIZED EXPERIENCE AND TECHNICAL COMPETENCE): The Offeror shall demonstrate the relevant construction work experience performed within the past 3 years by proposed key project personnel. In addition, proposed Key Personnel shall meet the following minimum experience, education, training and certification requirements defined below. Biographical data shall include the following:(1)???????? Name of individual.(2)???????? Company employed by.(3)???????? Company position title.(4)???????? Years with the company.(5)???????? Describe work experience with projects that; were completed within the last three years, were medical facilities and the company (by name) they worked for when involved in the project.(6)???????? An indication of which (if any) projects submitted under company experience (above) the individual participated in and what the individual’s responsibility was for that project. (7)???????? An indication of which other individuals submitted under Project Personnel Experience this individual has worked with and the project they worked on together, noting if that project has been submitted under company experience?(above).(8)???????? Position that the individual will hold in regard to this contract/project team, description of duties and what percentage of the individual’s time would be committed to the project during the construction phases. (9)???????? Describe job related educational experience including degrees, certificates etc and granting institutions. Proposed candidates shall meet the minimum experience, education, training or certificate requirements defined below. Supply biographical data for key personnel for at least the following: (Note if one individual is proposed for more than one position listed): See sample definitions below – Please edit definitions as necessary.Senior Project Manager: Proposed candidates shall have a minimum of 5 years experience in construction project management with a minimum of a Bachelor of Science degree in engineering studies.Quality Control Manager: Proposed candidates shall have a minimum of 5 years experience as a Quality Control Manager with a minimum of a Bachelor of Science degree and specialized education/training in quality control. Site Superintendent: Proposed candidate shall have a minimum 3 years experience in construction site supervision with a high school diploma and be a U.S. citizen. MANAGEMENT APPROACH: The Offeror shall provide the following information to demonstrate management approach:Project Delivery Philosophy - Include expectation statements concerning:Describe elements for successful partnering, communication, commitment and conflict resolution. Provide Quality Assurance/Quality Control Plan. Provide Project Organizational Chart and Narrative - Include team members submitted under Project Personnel Experience above. Clearly describe the prime responsible firm (or firms if a J/V) and individuals as well as the roles and responsibilities of individuals proposed as consultants and sub contractors.? Provide a list all consultants and all proposed major subcontractors, including telephone number, address, and name of contact.Capability to perform:Provide the offeror's total bonding capacity, current available bonding capacity and expected available capacity in 2013.Provide the offeror's current workload and availability of adequate staff listed under Project Personnel Experience to manage the project. Include project schedules for current and pending projects, as well as the anticipated impact of this project on those schedules and staffing plans. FACTOR 1 – RATING DEFINITIONS: Outstanding: Proposal meets requirements and indicates an exceptionalapproach and understanding of the requirements. Theproposal contains multiple strengths and no deficiencies. Good: Proposal meets requirements and indicates a thoroughapproach and understanding of the requirements. Proposalcontains at least one strength and no deficiencies. Acceptable: Proposal meets requirements and indicates an adequateapproach and understanding of the requirements. Proposalhas no strengths or deficiencies. Marginal: Proposal does not clearly meet requirements and has notdemonstrated an adequate approach and understanding of therequirements. Unacceptable: Proposal does not meet requirements and contains one ormore deficiencies and is unawardable.FACTOR 2 — PAST PERFORMANCE:The Government will conduct an in-depth review of contractor’s past performance information. This review will be based on information provided by offerors via Past Performance Questionnaire “Attachment A” to the solicitation and shall be provided by offerors with their proposals or otherwise provided by references not later than the date and time specified in the solicitation for receipt of proposals. Part 1 shall be completed by the offeror and Part 2 shall be completed by the offeror's reference. In order to be considered for award completed past performance questionnaires shall be furnished with the offer or emailed to the designed contract specialist. If the contractor has no past performance history that is similar in size and scope of the proposed solicitation, the contractor shall note this in his or her proposal. (2) The Past Performance Evaluation is accomplished by reviewing aspects of an offeror's present and past performance focusing on relevancy, and quality. The Government reserves the right to use any and all other sources of information available to assess past performance including but not limited to CPARS, SAMS, PPIRS and FAPIIS.(3) For purposes of this evaluation, relevancy is defined as construction work completed or ongoing during the three (3) years prior to the issuance of this solicitation similar to size and scope of the proposed contract. FACTOR 2 = RATING DEFINITIONS:Outstanding: Substantial Confidence Based on the offeror’s recent/relevantperformance record, the Government has a high expectation that the offeror willsuccessfully perform the required effort.Acceptable: Satisfactory Confidence Based on the offeror’s recent/relevant performance record successfully perform the required effort.Marginal: Limited Confidence Based on the offeror’s recent/relevant performance record,the Government has a low expectation that the offeror will successfully perform the required effort.Unacceptable: No Confidence Based on the offeror’s recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.Neutral: Unknown Confidence (Neutral) No recent/relevant performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.FACTOR 3 — COST/PRICE: Offerors are required to propose on all contract line items to be considered responsive to this RFP. As per clause 52.217-5, Evaluation of Options, the Government intends on evaluating all contract line items in determining the best value.? For evaluation purposes, the Government will use a multiplier of $500,000 times each coefficient proposed by an individual contractor for the base year and each option year line items.? The totals resulting from using this equation for each contract line item will then be added together to arrive at one total lump sum.? For evaluation purposes only, the total lump sum of the base year total and all four option year totals resulting from using this equation will be the cost factor assigned to that Contractors proposal.FACTOR 3 = RATING DEFINITIONS:Outstanding: The proposal received that offers the lowest lump sum will be given this rating. Acceptable: The proposal received that offers the next lowest lump sum will be given this rating. Marginal: The proposal received that offers the third lowest lump sum will be given this rating. Unacceptable: All other proposals received will be given this rating. E. SOLICITATION REQUIREMENTS, TERMS, AND CONDITIONS: Offerors are required to meet all solicitation requirements—terms and conditions, representations and certifications, and technical requirements—in addition to those identified as factors to be eligible for award. Failure to comply with the terms and conditions of the solicitation may result in the offeror being ineligible for award. Offerors must clearly identify any exceptions to the solicitation's terms and conditions and must provide complete supporting rationale.52.217-5 Evaluation of Options (July 1990) applies to task orders issued by the Government. Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS2.1 PRE-CONSTRUCTION CONFERENCE – Upon receipt of Notice of Award and prior to attending the pre-construction conference, the successful bidder shall have completed steps #1 and #2 of the enclosed Security Requirements document. This process includes completion and submission of Security Requirements Form #1 (Background Investigation Request Worksheet) to the VHA Service Center Personnel Security Office. Each contract employee is required to undergo a Special Agreement Check (SAC) background investigation which equates to being fingerprinted. Contract employees shall complete Security Requirements Form #2 (VHA Special Agreement Checks Memorandum) and follow instructions outlined in step #2 of the attached Security Requirements document to complete fingerprinting process. Upon successful completion of fingerprinting, all contract employees will be required to obtain a non-Personal Identity Verification (non-PIV) badge (see step #3 of attached Security Requirements document. Contractor staff working on site will be required to wear the badges at all times while on site. Contractor will be required to immediately notify the Contracting Officer of any changes in staff performing work on site. Upon completion of the contract all identification badges must be returned to the Contracting Officer before final payment can be made. 2.2 METRIC PRODUCTS: 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 Contracting Officer Technical Representative (COTR), will accept or reject the product.2.3 INVOICING: In order to comply with the Improper Payments Elimination Recovery Act of 2010 (IPERA), VA is finalizing actions to mandate electronic invoice submission to the VA Financial Services Center (VAFSC) (reference VAAR clause 852.232-72 in the General Conditions Section of the solicitation). The VAFSC has expanded its electronic invoicing services through OB10 provided solutions. OB10 electronic invoicing services, including mapping/transaction fees, are free to VAFSC vendors. If you are not currently a member of the OB10 network, subscribing is simple.? There is no expensive hardware or software to install.? OB10 will handle all of the necessary technical and commercial steps needed to establish your account.? If you prefer, feel free to contact OB10 at va.registration@ or 1-877-752-0900 then select option 2.? To contact the Department of Veteran Affairs Financial Service Center (VAFSC) about this request visit or call the FSC e-Invoice Contact Information at (866) 372-1141. Contractor must provide the Contracting Officer a copy of all invoices at the time they are submitted to Austin, TX.2.4 SAM and VETS100 REGISTRATION: Contractor MUST be registered in the System for Award Management (SAM) and the VETS100 database before contract award. CCR can be accessed at , and VETS100 can be accessed at 804.1102 Vendor Information Pages (VIP) Database: All VOSBs and SDVOSBs must be listed as verified in the VIP database, available at Class Deviation to VAAR 819.70 Service Disabled Veteran Owned Small Business Acquisition Program - 819.7003 Eligibility. (a) Eligibility of SDVOSBs and VOSBs continues to be governed by the Small Business Administration regulations, 13 CFR subparts 125.8 through 125.13, as well as the FAR, except where expressly directed otherwise by the VAAR, and 38 CFR verification regulations for SDVOSBs and VOSBs.(b) At the time of submission of offer, the offeror must represent to the contracting officer that it is aSDVOSB concern or VOSB concern;Small business concern under the North American Industry Classification System (NAICS) code assigned to the acquisition; andVerified for eligibility in the VIP database.(c) A joint venture may be considered an SDVOSB or VOSB concern ifAt least one member of the joint venture is an SDVOSB or VOSB concern, and makes the representations in paragraph (b) of this section;Each other concern is small under the size standard corresponding to the NAICS code assigned to the procurement;The joint venture meets the requirements of paragraph 7 of the size standard explanation of affiliates in FAR 19.101; andThe joint venture meets the requirements of 13 CFR 125.15(b), modified to include veteran-owned small businesses where this CFR section refers to SDVOSB concerns.(d) Any SDVOSB or VOSB concern (nonmanufacturer) must meet the requirements in FAR 19.102(f) to receive a benefit under this program.(e) Exceptions: At the time of submission of an offer, previously verified VOSB firms identified by the Center for Veterans Enterprise (CVE) as currently undergoing the VOSB status verification renewal process are eligible for an expedited status review. However, an award shall not be made to the offeror-firm until verification is complete.2.7 Limitations on Subcontracting – Monitoring and ComplianceThis solicitation includes VAAR clause 852.219-10 VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside and FAR clause 52.219-14 Limitations of Subcontracting. 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.2.8 GENDER: Wherever the masculine gender is used in the solicitation and contract documents, it shall be considered to include both masculine and feminine. 2.9 WORK HOURS: Normal work hours are defined as Monday-Friday, 8:00am-4:30pm local time, excluding weekends and National holidays and any other day specifically declared by the President of the United States to be a National Holiday.NOTE: FEDERAL HOLIDAYS: The ten holidays observed by the Federal Government are: New Year’s Day, Martin Luther King’s Birthday, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Thanksgiving Day, Veterans Day, Christmas Day.2.10 DOCUMENTS REQUIRED WITH BID PACKAGE:Completed 1442 – pages 1 & 2Offer Guarantee / Bid BondRepresentations and CertificationsTechnical Proposal Past Performance Cost/Price 2.11 Safety or Environmental Violations and Experience Modification Rate“All Bidders/Offerors shall submit the following information pertaining to their past Safety and Environmental record. The information shall contain, at a minimum, a certification that the bidder/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.All Bidders/Offerors shall submit information regarding their current Experience Modification Rate (EMR) equal to or less than 1.0. This information shall be obtained from the bidder’s/offeror’s insurance company and be furnished on the insurance carrier’s letterhead.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.A Determination of Responsibility will be accomplished for the apparent awardee prior to processing the award. The above information, along with other information obtained from Government systems, such as the OSHA and EPA online inspection history databases will be used to make the Determination of Responsibility. Failure to affirm being within the guidelines above or submit this information will result in a determination of “Non-Responsibility” for the bidder/offeror. NOTE: Any information received by the Government that would cause for a negative Determination of Responsibility will make the bidder/offeror ineligible for award.This requirement is applicable to all subcontracting tiers, and prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors. “CONTRACTORSA. Contractors are advised to visually inspect and photograph all space that has not been cataloged in Appendix A(not patients/visitors/staff). B. Contractor must submit a plan to include: safety precautions, fall protection, infection control, OSHA compliance with construction, directional signage, construction signs, decorative wall wraps and directional signage while under construction.C. Include notes on the contract drawings requiring the contractor to provide fall protection at all phases of the construction project. Contractor must adhere to all VA guidelines regarding safety, Infection Control, and Security regulations, utility outages, OSHA, National Building Code and the National Fire Prevention Association guidelines. OSHA Safety and Federal Wage Guidelines, VA life safety and Infection Control permit must be posted at the project sites. Contractor must provide and maintain approved fire extinguishers at the construction sites. Request for Utility Outages/and Burn Permits must be submitted (72) hours in advance for approval. Any major outages that affect the VAMC will require a (2) week advance notice for approval. D. Detailed construction logistics will be addressed in the specifications and pre-construction meetings.E. Contractor will maintain their own dumpster at an approved location, for removal of waste materials. Strict dust control measures must be adhered to regarding demolition and removal of materials. All construction areas must be kept locked and secured. F. Contractors are required to wear VA identification badges while working at the VAMC facility. ID Badge requirements take approximately 40-60 days for final approval. The contractor must submit to TB testing at the Office of Occupational Health prior to start of any work. 2.13. SECURITY REQUIREMENTSSpecial Agreement Checks (SAC) and issuance of Non-Personnel Identification Verification (Non- PIV) security badges for Contractor and Subcontractor Employees performing work under the contract All contractor employees who have access to VA sensitive information are subject to the same level of investigation as VA employees. Through the use of Appendix A of VA Handbook 6500.6, it has been determined that performance of this Construction requirement does not require any access to the VA Information Technology network; therefore; the inclusion of VAAR Security Clause 852.273-75 is not required. The level of background investigation commensurate with the level of access needed to perform the statement of work for this Construction requirement is a Special Agreement Check (SAC) investigation, which equates to fingerprinting. This level of investigation requires all contractor and subcontractor employees performing work under this requirement to be fingerprinted and to be issued an appropriate security badge. The Contractor is responsible for bearing the expense of all employee background investigations initiated, regardless of the final adjudication determination.? The VA facility will pay for investigations conducted by the Office of Personnel Management (OPM); however, the General/Prime Contractor is responsible for reimbursing the VA.? The following are estimated costs for each of the potential risk level background investigations.? ?SAC?(Fingerprints) $?? ? 24.95????????????? ?NACI?(Low Risk)$?? 231.00???MBI (Medium Risk)???????$?? 825.00????BI (High Risk)?????????? ????$ 3,465.00Where this guidance refers to “contractor employees” it is inclusive of all “subcontractor employees” performing under this contract as well.CONTRACTOR: Upon receipt of Notice of Award, Contractor shall comply with the following processes in order to be in compliance with contract security requirements. SPECIAL AGREEMENT CHECKS (SAC) AND NON-PERSONAL IDENTITY VERIFICATION – PIV (Security Badge) INSTRUCTIONSContractor POC will complete the Background Request Worksheet (Form #1) in its entirety, listing all employees that will be performing work under the construction requirement portion of this Construction project. Once completed, this form shall be submitted to the VHA Service Center (VSC) Personnel Security Office via password protected or encrypted email to VSCSecurity@ or faxed to (216)447-8020. NOTE: Due to the personal information contained in the Background Investigation Request Worksheet, the worksheet must be sent in a secure manner. Please DO NOT email a document containing social security numbers unless the email is encrypted. Process that occurs after VSC receives Form #1 for processing: Within five business days of receiving the Background Investigation Request Worksheet, the VSC Personnel Security Office will enter a background investigation request into the VA Security Investigation Center (SIC) Contractor Request Database (CRD) for each contractor employee. When the request is entered, an automated “initial” e-mail is sent to the contractor point of contact listed on the Background Investigation Request Worksheet. The automated e-mail identifies the background investigation level requested (SAC) and provides a website link with further instructions.If a contractor employee has a background investigation from another federal agency, it may be reciprocated as long as the background investigation meets the appropriate level designated in the current statement of work and has occurred within the last five years with a favorable adjudication and no break in service. Please be aware that any public trust case that is older than two years and does not have a favorable adjudication cannot be reciprocated unless it was a no issue case.VSC Personnel Security Office staff will coordinate with the VA Security and Investigations Center (SIC) staff to verify reciprocity. If the contractor employee receives the automated email from the VA SIC CRD and believes he/she may be eligible for reciprocity, please contact the VA SIC using the contact information in the e-mail received. Reciprocity is NOT automatic. If a background investigation can be reciprocated, the VA SIC will send an email notification to the contractor.Note: If contract personnel need to be added to perform work under this contract after the original Background Investigation Request Worksheet (Form #1) has been submitted, Contractor must update and submit another Background Investigation Request Worksheet (Form #1) to the VSC Personnel Security Office so that a background investigation can be initiated on each contract personnel added. When completing Form #1 for the additional contract employee, indicate next to the purchase order number field on Form #1 that this is an ADDITION. The additional contract employee cannot start work until all security requirements outlined in this guidance are completed.All contractor employees are required to be fingerprinted as part of the Special Agreement Check (SAC) requirement. Within five business days of Contractor receiving Notice of Award, each contract employee listed on Form #1 must take the VHA Special Agreement Checks (SAC) Memorandum (Form #2) and two forms of ID to their nearest VA facility to have their fingerprints submitted and the bottom portion of Form #2 completed by a fingerprinting official. Appointments for fingerprints should be made through the Contracting Officer Technical Representative or the local VA facility. Completed SAC forms shall be faxed or mailed directly to the VSC Personnel Security Office the same day the contractor employee is fingerprinted. Forms can be faxed or mailed directly to:Personnel Security OfficeVHA Service Center (VSC)6100 Oak Tree Blvd #500Independence, Ohio 44131Fax: (216) 447-8025VSCSecurity@ Contractor shall inform the Contracting Officer Technical Representative (COTR)/Contracting Officer when fingerprinting has been completed for each contract employee. Each individual working on the contract or the contractor POC shall complete the VHA Service Center PIV Sponsorship Worksheet (Form #3) for each employee, in its entirety, and return to VSC Security Office as soon as possible, either via fax, encrypted email or password protected documents. Upon receipt of this form and final results of fingerprinting confirmation, the VHA Security Service Center will send an email notification to the Contractors point of contact and the Contracting Officer authoring contract employees to proceed with obtaining their required non-PIV security badge. NOTE: No Notice to Proceed will be issued until the fingerprinting requirement (SAC) has been met and the VHA Service Center PIV Sponsorship Worksheet (Form #3) has been forwarded and processed through the VSC Personnel Security Office. Security badges can and should be obtained at any VA Facility. Contact your Contracting Officer for a listing of all of the VA facility locations for fingerprinting and issuance of security badges. The same badge will be valid at all VA facilities throughout the contract period. IMPORTANT points for Contract Employees to follow for obtaining non-PIV badges: Contract employees shall work with the COTR or PIV Office at the VA facility to verify the physical location of the PIV Point of Contact (POC). Contract employees shall call ahead to make an appointment with the VA facility PIV office. Contract employees shall make sure they have two (2) forms of identification with them. Contract employees shall inform the COTR when badges have been received.Your security badge must be displayed in accordance with the local VA directives (must be visible at all times while working at any VA facility). In the event of a lost badge, contract employees must immediately contact their supervisor who in turn shall contact the COTR. They must also contact the VHA Service Center (VSC), Personnel Security Service, and the local PIV office to report the loss.These security badges are the Property of the United States Government; Contractor is REQUIRED to turn in all security badges at the last campus where work has been performed. After completion of the project, Contractor shall complete the Contractor Turn-In Inventory Report (Form #4) to verify that all badges have been collected and turned in to be destroyed. Any failure to collect, record and return security badges at the end of the contract performance period could result in a Poor Contractor Performance Rating in the Contractor Performance Assessment Rating System (CPARS). VA CARD TYPES AND REQUIREMENTS The PIV Card is issued to VA Applicants who require unsupervised, full-time, logical and/or physical access for a continuous period more than six months or 180 aggregated days in a one year period. In accordance with OMB Directive M-05-24, the physical access requirement includes VA or other federally owned or leased space, whether for single or multi-tenant occupancy, and its grounds and approaches, all or any portion of which is under the jurisdiction, custody, or control or the VA or other Federal agency. In addition, FIPS 201, along with OPM regulations (Title 5 Code of Federal Regulations, Parts 731 and 732), and Executive Order 10450, Security Requirements for Government Employment, provide that all federally employed personnel are subject to a background investigation. According to FIPS 201, the minimum requirement to be issued a PIV badge is a successfully adjudicated Special Agreement Check (SAC) and an initiated National Agency Check with Written Inquiries (NACI). The determining factor as to the type of card issued is an examination of an Applicant’s access requirements. Factors to consider are the duration of access and access to sensitive data, information systems, and restricted areas. The card type issued is decided independent of VA employment position (Employee, contractor, or affiliate) or job description. There are individuals in the VA organization that will not qualify for the PIV card and will therefore be issued a Non-PIV card. Non-PIV Card Holders typically are employed for less than 6 months but still may have access requirements to VA facilities, sensitive data, and/or information systems in the course of their daily work. The Non-PIV Card will have a physical topography that is visually distinguishable from the PIV card. One variation of a Non-PIV card is the Flash Badge. The Flash Badge allows only common physical access to VA grounds and facilities. The Flash Badge requires the Applicant to present only one issued photo ID and does not require a SAC/NACI or higher level background investigation. The Flash Badge will appear topographically different from both the PIV and Non-PIV cards described above. The Flash Badge may be issued with an expiration date of up to one year. Issuance of a Flash Badge without a photo ID is optional at the discretion of the PCI Manager. The following information describes the criteria for Applicants (employee, contractor, or affiliate) who will receive a PIV card, a Non-PIV card, or a Flash Badge. The criteria are based on the card Applicant's access requirements for physical and/or logical VA resources, as determined by the Applicant's job duties and/or employment duration. Specific background investigation and access requirements are identified for each of the types of ID cards. PIV Card Access Requirements: Unsupervised, full-time, logical and/or physical access for more than 6 months OR more than 180 aggregate days in a one year period. (IAW OMB M-05-24, VA Directive 0710, and Draft VA Handbook 0735) ID Requirements: Two IDs compliant with PIV Guidelines Background Investigation Requirements: Favorable SAC completion and NACI initiation Non-PIV Card Access Requirement: Unsupervised, logical and/or physical access for less than 6 months OR less than 180 aggregate days in a one year period. (IAW OMB M-05-24, VA Directive 0710, and Draft VA Handbook 0735) ID Requirements: Two IDs compliant with PIV Guidelines Background Investigation Requirements: Favorable SAC completion Flash Badge Access Requirement: Common physical access ONLY for less than 6 months OR less than 180 aggregated days in a one year period. (IAW OMB M-05-24, VA Directive 0710, and Draft VA Handbook 0735) ID Requirements: One ID compliant with PIV Guidelines Background Investigation Requirements: NoneThe following table is a matrix that depicts access and processing requirements for PIV, Non-PIV and Flash Badge card types:Table 1: Card Access and Process RequirementsPIV Card Access Requirements PIV Card Processing Requirements More than 6 months or more than 180 aggregate days in a one year periodLocal AccessSensitive Records AccessRestricted Physical AccessCommon Physical AccessNACI Initiation (or higher BI) RequiredSAC RequiredNumber of IDs RequiredVA E-Mail RequiredYesYesYesYesYesYes2Yes?YesYesYesYesYes2No????????Non-PIV Card Access RequirementsNon-PIV Card Processing RequirementsLess than 6 months or less than 180 aggregate days in a one year periodLocal AccessSensitive Records AccessRestricted Physical AccessCommon Physical AccessNACI Initiation (or higher BI) RequiredSAC RequiredNumber of IDs RequiredVA E-Mail RequiredYesYesYesYesNo Yes2Yes?YesYesYesNoYes2No????????Flash Badge Access RequirementsFlash Badge Processing RequirementsCommon physical access only for less than 6 months or less than 180 aggregate days in a one year periodLocal AccessSensitive Records AccessRestricted Physical AccessCommon Physical AccessNACI Initiation (or higher BI) RequiredSAC RequiredNumber of IDs RequiredVA E-Mail REquired???Yes NoNo1; PCI Manager can waive required IDNo See Attachment for Security Forms2.14 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a Firm Fixed Price, Indefinite Delivery/Indefinite Quantity contract resulting from this solicitation.(End of Provision)2.15 52.222-5 DAVIS-BACON ACT--SECONDARY SITE OF THE WORK (JUL 2005) (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, Davis-Bacon Act, 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)2.16 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 tradeGoals for female participation for each trade25.2 %6.9 % These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office. (c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed. (d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the-- (1) Name, address, and telephone number of the subcontractor; (2) Employer's identification number of the subcontractor; (3) Estimated dollar amount of the subcontract; (4) Estimated starting and completion dates of the subcontract; and (5) Geographical area in which the subcontract is to be performed. (e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" isBaltimore, MD and Perry Point, MD(End of Provision)2.17 52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT -- CONSTRUCTION MATERIALS (FEB 2009) (a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American Act--Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9). (b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer. (c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9. (2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost. (d) Alternate offers. (1) When an offer includes foreign solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material. (2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies. (3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested-- (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or (ii) May be accepted if revised during negotiations.(End of Provision)2.18 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)2.19 52.233-2 SERVICE OF PROTEST (SEP 2006) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from: Hand-Carried Address: Department of Veterans Affairs VAMC (613) Chief, Contracting (90C) 510 Butler Ave, Building 308B Martinsburg WV 25405 Mailing Address: Department of Veterans Affairs VAMC (613) Chief, Contracting (90C) 510 Butler Avenue, Building 308B Martinsburg WV 25405 (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)2.20 52.236-27 SITE VISIT (CONSTRUCTION) (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, offeror or quoter is urged and expected to inspect the site where the work will be performed for each individual task order. (b) Site visits may be arranged during normal duty hours by contacting: Name: Mr. Adam Letke Address: VA Medical Center FMS Service Perry Point, MD Telephone: 410-642-2411 Ext. 2929(End of Provision)2.21 852.211-72 TECHNICAL INDUSTRY STANDARDS (JAN 2008) The supplies or equipment required by this invitation for bid or request for proposal must conform to the standards of the NEC, NFPA, OSHA, National Building Code and per specifications as to the individual task order requirements. The successful bidder or offeror will be required to submit proof that the item(s) he/she furnishes conforms to this requirement. This proof may be in the form of a label or seal affixed to the equipment or supplies, warranting that they have been tested in accordance with and conform to the specified standards. Proof may also be furnished in the form of a certificate from one of the above listed organizations certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.(End of Provision)2.22 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)2.23 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 Affairs810 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 Management811 Vermont Avenue, N.W.Washington, DC 204202.24 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)2.25 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): (End of Provision)FAR NumberTitleDate52.204-6DATA UNIVERSAL NUMBERING SYSTEM NUMBERDEC 201252.215-1INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITIONJAN 200452.215-21REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA-- MODIFICATIONSOCT 201052.236-28PREPARATION OF PROPOSALS--CONSTRUCTIONOCT 1997REPRESENTATIONS AND CERTIFICATIONS3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2012) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220. (2) The small business size standard is $33.5 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 clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies. (2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA 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 ORCA 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 clause at 52.204-7, Central Contractor Registration. (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. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010, or 2012. (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 Act Certificate. This provision applies to solicitations containing the clause at 52.225-1. (xvii) 52.225-4, Buy American Act--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 $77,494, the provision with its Alternate II applies. (D) If the acquisition value is $77,494 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-- (A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and (B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns. (2) The following certifications are applicable as indicated by the Contracting Officer: [](i) 52.219-22, Small Disadvantaged Business Status. [](A) Basic. [](B) Alternate I. [](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 Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification. [](iv) 52.222-52 Exemption from Application of the Service Contract Act 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 Online Representations and Certifications Application (ORCA) website accessed through . After reviewing the ORCA 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 #TitleDateChange---------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 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 ORCA.(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 (FEB 2012) (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), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database via (see 52.204-7).(End of Provision)3.4 52.225-20 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OPERATIONS IN SUDAN--CERTIFICATION (AUG 2009) (a) Definitions. As used in this provision-- "Business operations" means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce. "Marginalized populations of Sudan" means-- (1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and (2) Marginalized areas in Northern Sudan described in section 4(9) of such Act. "Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. (b) Certification. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan.(End of Provision)3.5 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN-- REPRESENTATION AND CERTIFICATIONS (DEC 2012) (a) Definitions. As used in this provision-- "Person"-- (1) Means-- (i) A natural person; (ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and (iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and (2) Does not include a government or governmental entity that is not operating as a business enterprise. "Sensitive technology"-- (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-- (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). (b) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@. (c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance with 25.703–4, by submission of its offer, the offeror— (1) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (2) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran’s ability to acquire or develop certain weapons or technologies; and (3) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,000 with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at ). (d) Exception for trade agreements. The representation requirement of paragraph (c)(1) and the certification requirements of paragraphs (c)(2) and (c)(3) of this provision do not apply if-- (1) This solicitation includes a trade agreements notice or certification (e.g., 52.225-4, 52.225-6, 52.225-12, 52.225-24, or comparable agency provision); and (2) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.(End of Provision)GENERAL CONDITIONS4.1 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012) (a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database via . (b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments-- (1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by-- (i) Government personnel and authorized users performing business on behalf of the Government; or (ii) The Contractor, when viewing data on itself; and (2) The publicly-available segment, to which all data in the non-public segment of FAPIS is automatically transferred after a waiting period of 14 calendar days, except for-- (i) Past performance reviews required by subpart 42.15; (ii) Information that was entered prior to April 15, 2011; or (iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause. (c) The Contractor will receive notification when the Government posts new information to the Contractor's record. (1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the nonpublic segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS. (2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them. (3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. (d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.(End of Clause)4.2 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 (by task) days after receipt of notice to proceed. The time stated for completion shall include final cleanup of the premises.(End of Clause)4.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.(End of Clause)4.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.(End of Clause)4.5 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2012) (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 . (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 rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, 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 ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed: The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 236220 assigned to contract number .[Contractor to sign and date and insert authorized signer's name and title].(End of Clause)4.6 52.222-6 DAVIS-BACON ACT (JUL 2005) (a) Definition.--"Site of the work"-- (1) Means-- (i) The primary site of the work. The physical place or places where the construction called for in the contract will remain when work on it is completed; and (ii) The secondary site of the work, if any. Any other site where a significant portion of the building or work is constructed, provided that such site is-- (A) Located in the United States; and (B) Established specifically for the performance of the contract or project; (2) Except as provided in paragraph (3) of this definition, includes any fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., provided-- (i) They are dedicated exclusively, or nearly so, to performance of the contract or project; and (ii) They are adjacent or virtually adjacent to the "primary site of the work" as defined in paragraph (a)(1)(i), or the "secondary site of the work" as defined in paragraph (a)(1)(ii) of this definition; (3) Does not include permanent home offices, branch plant establishments, fabrication plants, or tool yards of a Contractor or subcontractor whose locations and continuance in operation are determined wholly without regard to a particular Federal contract or project. In addition, fabrication plants, batch plants, borrow pits, job headquarters, yards, etc., of a commercial or material supplier which are established by a supplier of materials for the project before opening of bids and not on the Project site, are not included in the "site of the work." Such permanent, previously established facilities are not a part of the "site of the work" even if the operations for a period of time may be dedicated exclusively or nearly so, to the performance of a contract. (b)(1) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, or as may be incorporated for a secondary site of the work, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Any wage determination incorporated for a secondary site of the work shall be effective from the first day on which work under the contract was performed at that site and shall be incorporated without any adjustment in contract price or estimated cost. Laborers employed by the construction Contractor or construction subcontractor that are transporting portions of the building or work between the secondary site of the work and the primary site of the work shall be paid in accordance with the wage determination applicable to the primary site of the work. (2) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (e) of this clause; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such period. (3) Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in the clause entitled Apprentices and Trainees. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. (4) The wage determination (including any additional classifications and wage rates conformed under paragraph (c) of this clause) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the primary site of the work and the secondary site of the work, if any, in a prominent and accessible place where it can be easily seen by the workers. (c)(1) The Contracting Officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefor only when all the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination. (ii) The classification is utilized in the area by the construction industry. (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits, where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the: Wage and Hour Division Employment Standards Administration U.S. Department of Labor Washington, DC 20210 The Administrator or an authorized representative will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary. (3) In the event the Contractor, the laborers or mechanics to be employed in the classification, or their representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the Contracting Officer, to the Administrator of the Wage and Hour Division for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary. (4) The wage rate (including fringe benefits, where appropriate) determined pursuant to paragraphs (c)(2) and (c)(3) of this clause shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (d) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (e) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided, That the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.(End of Clause)4.7 52.222-30 DAVIS-BACON ACT--PRICE ADJUSTMENT (NONE OR SEPARATELY SPECIFIED METHOD) (DEC 2001) (a) The wage determination issued under the Davis-Bacon Act by the Administrator, Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, that is effective for an option to extend the term of the contract, will apply to that option period. (b) The Contracting Officer will make no adjustment in contract price, other than provided for elsewhere in this contract, to cover any increases or decreases in wages and benefits as a result of-- (1) Incorporation of the Department of Labor's wage determination applicable at the exercise of the option to extend the term of the contract; (2) Incorporation of a wage determination otherwise applied to the contract by operation of law; or (3) An increase in wages and benefits resulting from any other requirement applicable to workers subject to the Davis-Bacon Act.(End of Clause)4.8 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) (a) During the term of this contract, the Contractor shall post an employee notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR 471.2(d) and (f). (1) Physical posting of the employee notice shall be in conspicuous places in and about the Contractor's plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract. (2) If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the required notice electronically by displaying prominently, on any Web site that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor's Web site that contains the full text of the poster. The link to the Department's Web site, as referenced in (b)(3) of this section, must read, "Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers." (b) This required employee notice, printed by the Department of Labor, may be- (1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor-Management Standards or Office of Federal Contract Compliance Programs; (2) Provided by the Federal contracting agency if requested; (3) Downloaded from the Office of Labor-Management Standards Web site at ; or (4) Reproduced and used as exact duplicate copies of the Department of Labor's official poster. (c) The required text of the employee notice referred to in this clause is located at Appendix A, Subpart A, 29 CFR Part 471. (d) The Contractor shall comply with all provisions of the employee notice and related rules, regulations, and orders of the Secretary of Labor. (e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause, this contract may be terminated or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with 29 CFR 471.14 and subpart 9.4. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471, which implements Executive Order 13496 or as otherwise provided by law. (f) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (f), in every subcontract that exceeds $10,000 and will be performed wholly or partially in the United States, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding upon each subcontractor. (2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability of Executive Order 13496 or this clause. (3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance. (4) However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.(End of Clause)4.9 52.225-9 BUY AMERICAN ACT--CONSTRUCTION MATERIALS (SEP 2010) (a) Definitions. As used in this clause-- "Commercially available off-the-shelf (COTS) item"-- (1) Means any item of supply (including construction material) that is-- (i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101); (ii) Sold in substantial quantities in the commercial marketplace; and (iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and (2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products. "Component" means any article, material, or supply incorporated directly into construction material. "Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material. "Cost of components" means-- (1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material. "Domestic construction material" means-- (1) An unmanufactured construction material mined or produced in the United States; (2) A construction material manufactured in the United States, if-- (i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or (ii) The construction material is a COTS item. "Foreign construction material" means a construction material other than a domestic construction material. "United States" means the 50 States, the District of Columbia, and outlying areas. (b) Domestic preference. (1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause. (2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:Lead Glass (3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-- (i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent; (ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or (iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality. (c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-- (A) A description of the foreign and domestic construction materials; (B) Unit of measure; (C) Quantity; (D) Price; (E) Time of delivery or availability; (F) Location of the construction project; (G) Name and address of the proposed supplier; and (H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause. (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause. (iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued). (iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination. (2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause. (3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act. (d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISONConstruction Material DescriptionUnit of MeasureQuantityPrice (Dollars)*Item 1:Foreign Construction MaterialDomestic Construction MaterialItem 2:Foreign Construction MaterialDomestic Construction Material[List name, address, telephone number, and contact for suppliers surveyed Attach copy of response; if oral, attach summary.][Include other applicable supporting information.][*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).](End of Clause)4.10 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)4.11 SUPPLEMENTAL INSURANCE REQUIREMENTS In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract: (a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers. (b) General Liability: $500,000.00 per occurrences. (c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage. (d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage. (End of Clause)4.12 52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEVIATION) (AUG 2012) This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012. (a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor. (b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns. (c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.(End of Clause)4.13 52.244-2 SUBCONTRACTS (OCT 2010) (a) Definitions. As used in this clause-- "Approved purchasing system" means a Contractor's purchasing system that has been reviewed and approved in accordance with Part 44 of the Federal Acquisition Regulation (FAR). "Consent to subcontract" means the Contracting Officer's written consent for the Contractor to enter into a particular subcontract. "Subcontract" means any contract, as defined in FAR Subpart 2.1, entered into by a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders. (b) When this clause is included in a fixed-price type contract, consent to subcontract is required only on unpriced contract actions (including unpriced modifications or unpriced delivery orders), and only if required in accordance with paragraph (c) or (d) of this clause. (c) If the Contractor does not have an approved purchasing system, consent to subcontract is required for any subcontract that-- (1) Is of the cost-reimbursement, time-and-materials, or labor- hour type; or (2) Is fixed-price and exceeds-- (i) For a contract awarded by the Department of Defense, the Coast Guard, or the National Aeronautics and Space Administration, the greater of the simplified acquisition threshold or 5 percent of the total estimated cost of the contract; or (ii) For a contract awarded by a civilian agency other than the Coast Guard and the National Aeronautics and Space Administration, either the simplified acquisition threshold or 5 percent of the total estimated cost of the contract. (d) If the Contractor has an approved purchasing system, the Contractor nevertheless shall obtain the Contracting Officer's written consent before placing the following subcontracts: (e)(1) The Contractor shall notify the Contracting Officer reasonably in advance of placing any subcontract or modification thereof for which consent is required under paragraph (b), (c), or (d) of this clause, including the following information: (i) A description of the supplies or services to be subcontracted. (ii) Identification of the type of subcontract to be used. (iii) Identification of the proposed subcontractor. (iv) The proposed subcontract price. (v) The subcontractor's current, complete, and accurate certified cost or pricing data and Certificate of Current Cost or Pricing Data, if required by other contract provisions. (vi) The subcontractor's Disclosure Statement or Certificate relating to Cost Accounting Standards when such data are required by other provisions of this contract. (vii) A negotiation memorandum reflecting-- (A) The principal elements of the subcontract price negotiations; (B) The most significant considerations controlling establishment of initial or revised prices; (C) The reason certified cost or pricing data were or were not required; (D) The extent, if any, to which the Contractor did not rely on the subcontractor's certified cost or pricing data in determining the price objective and in negotiating the final price; (E) The extent to which it was recognized in the negotiation that the subcontractor's certified cost or pricing data were not accurate, complete, or current; the action taken by the Contractor and the subcontractor; and the effect of any such defective data on the total price negotiated; (F) The reasons for any significant difference between the Contractor's price objective and the price negotiated; and (G) A complete explanation of the incentive fee or profit plan when incentives are used. The explanation shall identify each critical performance element, management decisions used to quantify each incentive element, reasons for the incentives, and a summary of all trade-off possibilities considered. (2) The Contractor is not required to notify the Contracting Officer in advance of entering into any subcontract for which consent is not required under paragraph (b), (c), or (d) of this clause. (f) Unless the consent or approval specifically provides otherwise, neither consent by the Contracting Officer to any subcontract nor approval of the Contractor's purchasing system shall constitute a determination-- (1) Of the acceptability of any subcontract terms or conditions; (2) Of the allowability of any cost under this contract; or (3) To relieve the Contractor of any responsibility for performing this contract. (g) No subcontract or modification thereof placed under this contract shall provide for payment on a cost-plus-a-percentage-of- cost basis, and any fee payable under cost-reimbursement type subcontracts shall not exceed the fee limitations in FAR 15.404- 4(c)(4)(i). (h) The Contractor shall give the Contracting Officer immediate written notice of any action or suit filed and prompt notice of any claim made against the Contractor by any subcontractor or vendor that, in the opinion of the Contractor, may result in litigation related in any way to this contract, with respect to which the Contractor may be entitled to reimbursement from the Government. (i) The Government reserves the right to review the Contractor's purchasing system as set forth in FAR Subpart 44.3. (j) Paragraphs (c) and (e) of this clause do not apply to the following subcontracts, which were evaluated during negotiations:(End of Clause)4.14 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor.(End of Clause)4.15 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992) (a) Except as provided in paragraph (c) below, the Contractor shall display prominently, in common work areas within business segments performing work under VA contracts, Department of Veterans Affairs Hotline posters prepared by the VA Office of Inspector General. (b) Department of Veterans Affairs Hotline posters may be obtained from the VA Office of Inspector General (53E), P.O. Box 34647, Washington, DC 20043-4647. (c) The Contractor need not comply with paragraph (a) above if the Contractor has established a mechanism, such as a hotline, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.(End of Clause)4.16 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (DEC 2009) (a) Definition. For the Department of Veterans Affairs, "Service-disabled veteran-owned small business concern": (1) Means a small business concern: (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans (or eligible surviving spouses); (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans (or eligible surviving spouses) or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; (iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document; and (iv) The business has been verified for ownership and control and is so listed in the Vendor Information Pages database, (). (2) "Service-disabled veteran" means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). (b) General. (1) Offers are solicited only from service-disabled veteran-owned small business concerns. Offers received from concerns that are not service-disabled veteran-owned small business concerns shall not be considered. (2) Any award resulting from this solicitation shall be made to a service-disabled veteran-owned small business concern. (c) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, in the case of a contract for: (1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other eligible service-disabled veteran-owned small business concerns; (2) Supplies (other than acquisition from a nonmanufacturer of the supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other eligible service-disabled veteran-owned small business concerns; (3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other eligible service-disabled veteran-owned small business concerns; or (4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other eligible service-disabled veteran-owned small business concerns. (d) A joint venture may be considered a service-disabled veteran owned small business concern if-- (1) At least one member of the joint venture is a service-disabled veteran-owned small business concern, and makes the following representations: That it is a service-disabled veteran-owned small business concern, and that it is a small business concern under the North American Industry Classification Systems (NAICS) code assigned to the procurement; (2) Each other concern is small under the size standard corresponding to the NAICS code assigned to the procurement; and (3) The joint venture meets the requirements of paragraph 7 of the explanation of Affiliates in 19.101 of the Federal Acquisition Regulation. (4) The joint venture meets the requirements of 13 CFR 125.15(b). (e) Any service-disabled veteran-owned small business concern (non-manufacturer) must meet the requirements in 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.(End of Clause)4.17 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008) When net changes in original contract price affect the premium of a Corporate Surety Bond by $5 or more, the Government, in determining the basis for final settlement, will provide for bond premium adjustment computed at the rate shown in the bond.(End of Clause)4.18 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)4.19 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) (a) Definitions. As used in this clause— (1) Contract financing payment has the meaning given in FAR 32.001. (2) Designated agency office has the meaning given in 5 CFR 1315.2(m). (3) Electronic form means an automated system transmitting information electronically according to the Accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests. (4) Invoice payment has the meaning given in FAR 32.001. (5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract. (b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required. (c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following: (1) VA’s Electronic Invoice Presentment and Payment System. (See Web site at .) (2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI Web site () includes additional information on EDI 810 and 811 formats. (d) Invoice requirements. Invoices shall comply with FAR 32.905. (e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for: (1) Awards made to foreign vendors for work performed outside the United States; (2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information; (3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies; (4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or (5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.(End of Clause)4.20 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (JUL 2002) The clause entitled "Specifications and Drawings for Construction" in FAR 52.236-21 is supplemented as follows: (a) The contracting officer's interpretation of the drawings and specifications will be final, subject to the disputes clause. (b) Large scale drawings supersede small scale drawings. (c) Dimensions govern in all cases. Scaling of drawings may be done only for general location and general size of items. (d) Dimensions shown of existing work and all dimensions required for work that is to connect with existing work shall be verified by the contractor by actual measurement of the existing work. Any work at variance with that specified or shown in the drawings shall not be performed by the contractor until approved in writing by the contracting officer.(End of Clause)4.21 VAAR 852.236-74 INSPECTION OF CONSTRUCTION (JUL 2002) The clause entitled "Inspection of Construction" in FAR 52.246-12 is supplemented as follows: (a) Inspection of materials and articles furnished under this contract will be made at the site by the resident engineer, unless otherwise provided for in the specifications. (b) Final inspection will not be made until the contract work is ready for beneficial use or occupancy. The contractor shall notify the contracting officer, through the resident engineer, fifteen (15) days prior to the date on which the work will be ready for final inspection.(End of Clause)4.22 VAAR 852.236-76 CORRESPONDENCE (APR 1984) All correspondence relative to this contract shall bear Specification Number, Project Number, Department of Veterans Affairs Contract Number, title of project and name of facility.(End of Clause)4.23 VAAR 852.236-77 REFERENCE TO "STANDARDS" (JUL 2002) Any materials, equipment, or workmanship specified by references to number, symbol, or title of any specific Federal, Industry or Government Agency Standard Specification shall comply with all applicable provisions of such standard specifications, except as limited to type, class or grade, or modified in contract specifications. Reference to "Standards" referred to in the contract specifications, except as modified, shall have full force and effect as though printed in detail in specifications.(End of Clause)4.24 VAAR 852.236-78 GOVERNMENT SUPERVISION (APR 1984) (a) The work will be under the direction of the Department of Veterans Affairs contracting officer, who may designate another VA employee to act as resident engineer at the construction site. (b) Except as provided below, the resident engineer's directions will not conflict with or change contract requirements. (c) Within the limits of any specific authority delegated by the contracting officer, the resident engineer may, by written direction, make changes in the work. The contractor shall be advised of the extent of such authority prior to execution of any work under the contract.(End of Clause)4.25 VAAR 852.236-79 DAILY REPORT OF WORKERS AND MATERIAL (APR 1984) The contractor shall furnish to the resident engineer each day a consolidated report for the preceding work day in which is shown the number of laborers, mechanics, foremen/forewomen and pieces of heavy equipment used or employed by the contractor and subcontractors. The report shall bear the name of the firm, the branch of work which they perform such as concrete, plastering, masonry, plumbing, sheet metal work, etc. The report shall give a breakdown of employees by crafts, location where employed, and work performed. The report shall also list materials delivered to the site on the date covered by the report.(End of Clause)4.26 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 1984) (a) Nothing contained in this contract shall be construed as creating any contractual relationship between any subcontractor and the Government. Divisions or sections of specifications are not intended to control the contractor in dividing work among subcontractors, or to limit work performed by any trade. (b) The contractor shall be responsible to the Government for acts and omissions of his/her own employees, and of the subcontractors and their employees. The contractor shall also be responsible for coordination of the work of the trades, subcontractors, and material suppliers. (c) The Government or its representatives will not undertake to settle any differences between the contractor and subcontractors or between subcontractors. (d) The Government reserves the right to refuse to permit employment on the work or require dismissal from the work of any subcontractor who, by reason of previous unsatisfactory work on Department of Veterans Affairs projects or for any other reason, is considered by the contracting officer to be incompetent or otherwise objectionable.(End of Clause)4.27 VAAR 852.236-82 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS) (APR 1984) (a) Retainage: (1) The contracting officer may retain funds: (i) Where performance under the contract has been determined to be deficient or the contractor has performed in an unsatisfactory manner in the past; or (ii) As the contract nears completion, to ensure that deficiencies will be corrected and that completion is timely. (2) Examples of deficient performance justifying a retention of funds include, but are not restricted to, the following: (i) Unsatisfactory progress as determined by the contracting officer; (ii) Failure to meet schedule in Schedule of Work Progress; (iii) Failure to present submittals in a timely manner; or (iv) Failure to comply in good faith with approved subcontracting plans, certifications, or contract requirements. (3) Any level of retention shall not exceed 10 percent either where there is determined to be unsatisfactory performance, or when the retainage is to ensure satisfactory completion. Retained amounts shall be paid promptly upon completion of all contract requirements, but nothing contained in this subparagraph shall be construed as limiting the contracting officer's right to withhold funds under other provisions of the contract or in accordance with the general law and regulations regarding the administration of Government contracts. (b) The contractor shall submit a schedule of cost to the contracting officer for approval within 30 calendar days after date of receipt of notice to proceed. Such schedule will be signed and submitted in triplicate. The approved cost schedule will be one of the bases for determining progress payments to the contractor for work completed. This schedule shall show cost by the branches of work for each building or unit of the contract, as instructed by the resident engineer. (1) The branches shall be subdivided into as many sub-branches as are necessary to cover all component parts of the contract work. (2) Costs as shown on this schedule must be true costs and, should the resident engineer so desire, he/she may require the contractor to submit the original estimate sheets or other information to substantiate the detailed makeup of the schedule. (3) The sum of the sub-branches, as applied to each branch, shall equal the total cost of such branch. The total cost of all branches shall equal the contract price. (4) Insurance and similar items shall be prorated and included in the cost of each branch of the work. (5) The cost schedule shall include separate cost information for the systems listed in the table in this paragraph (b)(5). The percentages listed below are proportions of the cost listed in the contractor's cost schedule and identify, for payment purposes, the value of the work to adjust, correct and test systems after the material has been installed. Payment of the listed percentages will be made only after the contractor has demonstrated that each of the systems is substantially complete and operates as required by the contract.VALUE OF ADJUSTING, CORRECTING, AND TESTING SYSTEMSystemPercentPneumatic tube system10Incinerators (medical waste and trash)5Sewage treatment plant equipment5Water treatment plant equipment5Washers (dish, cage, glass, etc.)5Sterilizing equipment5Water distilling equipment5Prefab temperature rooms (cold, constant temperature)5Entire air-conditioning system (Specified under 600 Sections)5Entire boiler plant system (Specified under 700 Sections)5General supply conveyors10Food service conveyors10Pneumatic soiled linen and trash system10Elevators and dumbwaiters10Materials transport system10Engine-generator system5Primary switchgear5Secondary switchgear5Fire alarm system5Nurse call system5Intercom system5Radio system5TV (entertainment) system5 (c) In addition to this cost schedule, the contractor shall submit such unit costs as may be specifically requested. The unit costs shall be those used by the contractor in preparing his/her bid and will not be binding as pertaining to any contract changes. (d) The contracting officer will consider for monthly progress payments material and/or equipment procured by the contractor and stored on the construction site, as space is available, or at a local approved location off the site, under such terms and conditions as such officer approves, including but not limited to the following: (1) The material or equipment is in accordance with the contract requirements and/or approved samples and shop drawings. (2) Only those materials and/or equipment as are approved by the resident engineer for storage will be included. (3) Such materials and/or equipment will be stored separately and will be readily available for inspection and inventory by the resident engineer. (4) Such materials and/or equipment will be protected against weather, theft and other hazards and will not be subjected to deterioration. (5) All of the other terms, provisions, conditions and covenants contained in the contract shall be and remain in full force and effect as therein provided. (6) A supplemental agreement will be executed between the Government and the contractor with the consent of the contractor's surety for off-site storage. (e) The contractor, prior to receiving a progress or final payment under this contract, shall submit to the contracting officer a certification that the contractor has made payment from proceeds of prior payments, or that timely payment will be made from the proceeds of the progress or final payment then due, to subcontractors and suppliers in accordance with the contractual arrangements with them. (f) The Government reserves the right to withhold payment until samples, shop drawings, engineer's certificates, additional bonds, payrolls, weekly statements of compliance, proof of title, nondiscrimination compliance reports, or any other things required by this contract, have been submitted to the satisfaction of the contracting officer.(End of Clause)4.28 VAAR 852.236-84 SCHEDULE OF WORK PROGRESS (NOV 1984) (a) The contractor shall submit with the schedule of costs, a progress schedule that indicates the anticipated installation of work versus the elapsed contract time, for the approval of the contracting officer. The progress schedule time shall be represented in the form of a bar graph with the contract time plotted along the horizontal axis. The starting date of the schedule shall be the date the contractor receives the "Notice to Proceed." The ending date shall be the original contract completion date. At a minimum, both dates shall be indicated on the progress schedule. The specific item of work, i.e., "Excavation", "Floor Tile", "Finish Carpentry", etc., should be plotted along the vertical axis and indicated by a line or bar at which time(s) during the contract this work is scheduled to take place. The schedule shall be submitted in triplicate and signed by the contractor. (b) The actual percent completion will be based on the value of installed work divided by the current contract amount. The actual completion percentage will be indicated on the monthly progress report. (c) The progress schedule will be revised when individual or cumulative time extensions of 15 calendar days or more are granted for any reason. The revised schedule should indicate the new contract completion date and should reflect any changes to the installation time(s) of the items of work affected. (d) The revised progress schedule will be used for reporting future scheduled percentage completion.(End of Clause)4.29 VAAR 852.236-85 SUPPLEMENTARY LABOR STANDARDS PROVISIONS (APR 1984) (a) The wage determination decision of the Secretary of Labor is set forth in section GR, General Requirements, of this contract. It is the result of a study of wage conditions in the locality and establishes the minimum hourly rates of wages and fringe benefits for the described classes of labor in accordance with applicable law. No increase in the contract price will be allowed or authorized because of payment of wage rates in excess of those listed. (b) The contractor shall submit the required copies of payrolls to the contracting officer through the resident engineer or engineer officer, when acting in that capacity. Department of Labor Form WH- 347, Payroll, available from the Superintendent of Documents, Government Printing Office, Washington, DC 20402, may be used for this purpose. If, however, the contractor or subcontractor elects to use an individually composed payroll form, it shall contain the same information shown on Form WH-347, and in addition be accompanied by Department of Labor Form WH-348, Statement of Compliance, or any other form containing the exact wording of this form.(End of Clause)4.30 VAAR 852.236-86 WORKER'S COMPENSATION (JAN 2008) Public Law 107-217 (40 U.S.C. 3172) authorizes the constituted authority of States to apply their workers compensation laws to all lands and premises owned or held by the United States.(End of Clause)4.31 VAAR 852.236-87 ACCIDENT PREVENTION (SEP 1993) The Resident Engineer on all assigned construction projects, or other Department of Veterans Affairs employee if designated in writing by the Contracting Officer, shall serve as Safety Officer and as such has authority, on behalf of the Contracting Officer, to monitor and enforce Contractor compliance with FAR 52.236-13, Accident Prevention. However, only the Contracting Officer may issue an order to stop all or part of the work while requiring satisfactory or corrective action to be taken by the Contractor.(End of Clause)4.32 VAAR 852.236-88 CONTRACT CHANGES--SUPPLEMENT (JUL 2002) (a) Paragraphs (a)(1) through (a)(4) apply to proposed contract changes costing over $500,000. (1) When requested by the contracting officer, the contractor shall submit proposals for changes in work to the resident engineer. Proposals, to be submitted as expeditiously as possible but within 30 calendar days after receipt of request, shall be in legible form, original and two copies, with an itemized breakdown that will include material, quantities, unit prices, labor costs (separated into trades), construction equipment, etc. (Labor costs are to be identified with specific material placed or operation performed.) The contractor must obtain and furnish with a proposal an itemized breakdown as described above, signed by each subcontractor participating in the change regardless of tier. When certified cost or pricing data are required under FAR Subpart 15.403, the cost or pricing data shall be submitted in accordance with FAR 15.403-5. (2) When the necessity to proceed with a change does not allow sufficient time to negotiate a modification or because of failure to reach an agreement, the contracting officer may issue a change order instructing the contractor to proceed on the basis of a tentative price based on the best estimate available at the time, with the firm price to be determined later. Furthermore, when the change order is issued, the contractor shall submit a proposal, which includes the information required by paragraph (a)(1), for cost of changes in work within 30 calendar days. (3) The contracting officer will consider issuing a settlement by determination to the contract if the contractor's proposal required by paragraphs (a)(1) or (a)(2) of this clause is not received within 30 calendar days or if agreement has not been reached. (4) Bond premium adjustment, consequent upon changes ordered, will be made as elsewhere specified at the time of final settlement under the contract and will not be included in the individual change. (b) Paragraphs (b)(1) through (b)(11) apply to proposed contract changes costing $500,000 or less: (1) When requested by the contracting officer, the contractor shall submit proposals for changes in work to the resident engineer. Proposals, to be submitted as expeditiously as possible but within 30 calendar days after receipt of request, shall be in legible form, original and two copies, with an itemized breakdown that will include material, quantities, unit prices, labor costs (separated into trades), construction equipment, etc. (Labor costs are to be identified with specific material placed or operation performed.) The contractor must obtain and furnish with a proposal an itemized breakdown as described above, signed by each subcontractor participating in the change regardless of tier. When certified cost or pricing data or information other than cost or pricing data are required under FAR 15.403, the data shall be submitted in accordance with FAR 15.403-5. No itemized breakdown will be required for proposals amounting to less than $1,000. (2) When the necessity to proceed with a change does not allow sufficient time to negotiate a modification or because of failure to reach an agreement, the contracting officer may issue a change order instructing the contractor to proceed on the basis of a tentative price based on the best estimate available at the time, with the firm price to be determined later. Furthermore, when the change order is issued, the contractor shall submit within 30 calendar days, a proposal that includes the information required by paragraph (b)(1) for the cost of the changes in work. (3) The contracting officer will consider issuing a settlement by determination to the contract if the contractor's proposal required by paragraphs (b)(1) or (b)(2) of this clause is not received within 30 calendar days, or if agreement has not been reached. (4) Allowances not to exceed 10 percent each for overhead and profit for the party performing the work will be based on the value of labor, material, and use of construction equipment required to accomplish the change. As the value of the change increases, a declining scale will be used in negotiating the percentage of overhead and profit. Allowable percentages on changes will not exceed the following: 10 percent overhead and 10 percent profit on the first $20,000; 7-1/2 percent overhead and 7-1/2 percent profit on the next $30,000; 5 percent overhead and 5 percent profit on balance over $50,000. Profit shall be computed by multiplying the profit percentage by the sum of the direct costs and computed overhead costs. (5) The prime contractor's or upper-tier subcontractor's fee on work performed by lower-tier subcontractors will be based on the net increased cost to the prime contractor or upper-tier subcontractor, as applicable. Allowable fee on changes will not exceed the following: 10 percent fee on the first $20,000; 7-1/2 percent fee on the next $30,000; and 5 percent fee on balance over $50,000. (6) Not more than four percentages, none of which exceed the percentages shown above, will be allowed regardless of the number of tiers of subcontractors. (7) Where the contractor's or subcontractor's portion of a change involves credit items, such items must be deducted prior to adding overhead and profit for the party performing the work. The contractor's fee is limited to the net increase to contractor of subcontractors' portions cost computed in accordance herewith. (8) Where a change involves credit items only, a proper measure of the amount of downward adjustment in the contract price is the reasonable cost to the contractor if he/she had performed the deleted work. A reasonable allowance for overhead and profit are properly includable as part of the downward adjustment for a deductive change. The amount of such allowance is subject to negotiation. (9) Cost of Federal Old Age Benefit (Social Security) tax and of Worker's Compensation and Public Liability insurance appertaining to changes are allowable. While no percentage will be allowed thereon for overhead or profit, prime contractor's fee will be allowed on such items in subcontractors' proposals. (10) Overhead and contractor's fee percentages shall be considered to include insurance other than mentioned herein, field and office supervisors and assistants, security police, use of small tools, incidental job burdens, and general home office expenses and no separate allowance will be made therefore. Assistants to office supervisors include all clerical, stenographic and general office help. Incidental job burdens include, but are not necessarily limited to, office equipment and supplies, temporary toilets, telephone and conformance to OSHA requirements. Items such as, but not necessarily limited to, review and coordination, estimating and expediting relative to contract changes are associated with field and office supervision and are considered to be included in the contractor's overhead and/or fee percentage. (11) Bond premium adjustment, consequent upon changes ordered, will be made as elsewhere specified at the time of final settlement under the contract and will not be included in the individual change.(End of Clause)4.33 VAAR 852.236-89 BUY AMERICAN ACT (JAN 2008) (a) Reference is made to the clause entitled "Buy American Act--Construction Materials," FAR 52.225-9. (b) Notwithstanding a bidder's right to offer identifiable foreign construction material in its bid pursuant to FAR 52.225-9, VA does not anticipate accepting an offer that includes foreign construction material. (c) If a bidder chooses to submit a bid that includes foreign construction material, that bidder must provide a listing of the specific foreign construction material he/she intends to use and a price for said material. Bidders must include bid prices for comparable domestic construction material. If VA determines not to accept foreign construction material and no comparable domestic construction material is provided, the entire bid will be rejected. (d) Any foreign construction material proposed after award will be rejected unless the bidder proves to VA's satisfaction: (1) it was impossible to request the exemption prior to award, and (2) said domestic construction material is no longer available, or (3) where the price has escalated so dramatically after the contract has been awarded that it would be unconscionable to require performance at that price. The determinations required by (1), (2), and (3) of this paragraph shall be made in accordance with Subpart 825.2 and FAR 25.2. (e) By signing this bid, the bidder declares that all articles, materials and supplies for use on the project shall be domestic unless specifically set forth on the Bid Form or addendum thereto.(End of Clause)4.34 VAAR 852.236-91 SPECIAL NOTES (JUL 2002) (a) Signing of the bid shall be deemed to be a representation by the bidder that: (1) Bidder is a construction contractor who owns, operates, or maintains a place of business, regularly engaged in construction, alteration, or repair of buildings, structures, and communications facilities, or other engineering projects, including furnishing and installing of necessary equipment; or (2) If newly entering into a construction activity, bidder has made all necessary arrangements for personnel, construction equipment, and required licenses to perform construction work; and (3) Upon request, prior to award, bidder will promptly furnish to the Government a statement of facts in detail as to bidder's previous experience (including recent and current contracts), organization (including company officers), technical qualifications, financial resources and facilities available to perform the contemplated work. (b) Unless otherwise provided in this contract, where the use of optional materials or construction is permitted, the same standard of workmanship, fabrication and installation shall be required irrespective of which option is selected. The contractor shall make any change or adjustment in connecting work or otherwise necessitated by the use of such optional material or construction, without additional cost to the Government. (c) When approval is given for a system component having functional or physical characteristics different from those indicated or specified, it is the responsibility of the contractor to furnish and install related components with characteristics and capacities compatible with the approved substitute component as required for systems to function as noted on drawings and specifications. There shall be no additional cost to the Government. (d) In some instances it may have been impracticable to detail all items in specifications or on drawings because of variances in manufacturers' methods of achieving specified results. In such instances the contractor will be required to furnish all labor, materials, drawings, services and connections necessary to produce systems or equipment which are completely installed, functional, and ready for operation by facility personnel in accordance with their intended use. (e) Claims by the contractor for delay attributed to unusually severe weather must be supported by climatological data covering the period and the same period for the 10 preceding years. When the weather in question exceeds in intensity or frequency the 10-year average, the excess experienced shall be considered "unusually severe." Comparison shall be on a monthly basis. Whether or not unusually severe weather in fact delays the work will depend upon the effect of weather on the branches of work being performed during the time under consideration.(End of Clause)4.35 VAAR 852.246-74 SPECIAL WARRANTIES (JAN 2008) The clause entitled "Warranty of Construction" in FAR 52.246-21 is supplemented as follows: Any special warranties that may be required under the contract shall be subject to the elections set forth in the FAR clause at 52.246-21, Warranty of Construction, unless otherwise provided for in such special warranties.(End of Clause)4.36 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): (End of Clause)FAR NumberTitleDate52.202-1DEFINITIONSJAN 201252.203-3GRATUITIESAPR 198452.203-5COVENANT AGAINST CONTINGENT FEESAPR 198452.203-6RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENTSEP 200652.203-7ANTI-KICKBACK PROCEDURESOCT 201052.203-8CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITYJAN 199752.203-10PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITYJAN 199752.203-12LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONSOCT 201052.204-4PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPERMAY 201152.204-7CENTRAL CONTRACTOR REGISTRATION ALTERNATE I (DEC 2012)DEC 201252.204-9PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNELJAN 201152.204-10REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDSAUG 201252.204-13CENTRAL CONTRACTOR REGISTRATION MAINTENANCEDEC 201252.204-12DATA UNIVERSAL NUMBERING SYSTEM NUMBER MAINTENANCEDEC 201252.209-6PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENTDEC 201052.211-2AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION INFORMATION SYSTEM (ASSIST)JAN 200652.215-2AUDIT AND RECORDS--NEGOTIATIONOCT 201052.215-16FACILITIES CAPITAL COST OF MONEYJUN 200352.219-8UTILIZATION OF SMALL BUSINESS CONCERNSJAN 201152.222-1NOTICE TO THE GOVERNMENT OF LABOR DISPUTESFEB 199752.222-3CONVICT LABORJUN 200352.222-4CONTRACT WORK HOURS AND SAFETY STANDARDS ACT-OVERTIME COMPENSATIONJUL 200552.222-7WITHHOLDING OF FUNDSFEB 198852.222-8PAYROLLS AND BASIC RECORDSJUN 201052.222-9APPRENTICES AND TRAINEESJUL 200552.222-10COMPLIANCE WITH COPELAND ACT REQUIREMENTSFEB 198852.222-11SUBCONTRACTS (LABOR STANDARDS)JUL 200552.222-12CONTRACT TERMINATION - DEBARMENTFEB 198852.222-13COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONSFEB 198852.222-14DISPUTES CONCERNING LABOR STANDARDSFEB 198852.222-15CERTIFICATION OF ELIGIBILITYFEB 198852.222-21PROHIBITION OF SEGREGATED FACILITIESFEB 199952.222-26EQUAL OPPORTUNITYMAR 200752.222-27AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTIONFEB 199952.222-35EQUAL OPPORTUNITY FOR VETERANSSEP 201052.222-36AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIESOCT 201052.222-37EMPLOYMENT REPORTS ON VETERANSSEP 201052.222-50COMBATING TRAFFICKING IN PERSONSFEB 200952.222-54EMPLOYMENT ELIGIBILITY VERIFICATIONJUL 201252.223-1BIOBASED PRODUCT CERTIFICATIONMAY 201252.223-2AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTSJUL 201252.223-3HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATAJAN 199752.223-5POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATIONMAY 201152.223-6DRUG-FREE WORKPLACEMAY 200152.223-17AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTSMAY 200852.223-18ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVINGAUG 201152.225-13RESTRICTIONS ON CERTAIN FOREIGN PURCHASESJUN 200852.227-1AUTHORIZATION AND CONSENTDEC 200752.227-2NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENTDEC 200752.227-4PATENT INDEMNITY--CONSTRUCTION CONTRACTSDEC 200752.228-2ADDITIONAL BOND SECURITYOCT 199752.228-11PLEDGES OF ASSETSJAN 201252.228-12PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDSOCT 199552.228-13ALTERNATIVE PAYMENT PROTECTIONSJUL 200052.228-14IRREVOCABLE LETTER OF CREDITDEC 199952.228-15PERFORMANCE AND PAYMENT BONDS-- CONSTRUCTIONOCT 201052.229-3FEDERAL, STATE, AND LOCAL TAXESAPR 200352.232-5PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTSSEP 200252.232-17INTERESTOCT 201052.232-18AVAILABILITY OF FUNDSAPR 198452.232-23ASSIGNMENT OF CLAIMS ALTERNATE I (APR 1984)JAN 198652.232-27PROMPT PAYMENT FOR CONSTRUCTION CONTRACTSOCT 200852.232-34PAYMENT BY ELECTRONIC FUNDS TRANSFER-- OTHER THAN CENTRAL CONTRACTOR REGISTRATIONMAY 199952.232-38SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH OFFERMAY 199952.233-1DISPUTES ALTERNATE I (DEC 1991)JUL 200252.233-3PROTEST AFTER AWARDAUG 199652.233-4APPLICABLE LAW FOR BREACH OF CONTRACT CLAIMOCT 200452.236-2DIFFERING SITE CONDITIONSAPR 198452.236-3SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORKAPR 198452.236-5MATERIAL AND WORKMANSHIPAPR 198452.236-6SUPERINTENDENCE BY THE CONTRACTORAPR 198452.236-7PERMITS AND RESPONSIBILITIESNOV 199152.236-8OTHER CONTRACTSAPR 198452.236-9PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTSAPR 198452.236-10OPERATIONS AND STORAGE AREASAPR 198452.236-11USE AND POSSESSION PRIOR TO COMPLETIONAPR 198452.236-12CLEANING UPAPR 198452.236-13ACCIDENT PREVENTION ALTERNATE I (APR 1984)NOV 199152.236-14AVAILABILITY AND USE OF UTILITY SERVICESAPR 198452.236-17LAYOUT OF WORKAPR 198452.236-21SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION ALTERNATE I (APR 1984)FEB 199752.236-26PRECONSTRUCTION CONFERENCEFEB 199552.242-13BANKRUPTCYJUL 199552.242-14SUSPENSION OF WORKAPR 198452.243-4CHANGESJUN 200752.244-5COMPETITION IN SUBCONTRACTINGDEC 199652.244-6SUBCONTRACTS FOR COMMERCIAL ITEMSDEC 201052.246-12INSPECTION OF CONSTRUCTIONAUG 199652.246-21WARRANTY OF CONSTRUCTIONMAR 199452.248-3VALUE ENGINEERING--CONSTRUCTION ALTERNATE I (APR 1984)OCT 201052.249-2TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) ALTERNATE I (SEPT 1996)APR 201252.249-10DEFAULT (FIXED-PRICE CONSTRUCTION)APR 198452.253-1COMPUTER GENERATED FORMSJAN 1991SECTION 010000GENERAL REQUIREMENTS1.1 GENERAL INTENTION A.Contractor shall completely prepare site for building operations, including demolition and removal of existing structures, and furnish labor and materials and perform work for the Job Order Contract as required by drawings and specifications or other documents. B.Visits to the site by Bidders may be made only by appointment with the Medical Center Engineering Officer. C.The project COTR will render certain technical services during construction. Such services shall not be construed as expressing or implying a contractual act of the Government without affirmations by Contracting Officer or his duly authorized representative. D.Before placement and installation of work subject to tests by testing laboratory retained by Department of Veterans Affairs, the Contractor shall notify the COTR in sufficient time to enable testing laboratory personnel to be present at the site in time for proper taking and testing of specimens and field inspection. Such prior notice shall be not less than three work days unless otherwise designated by the COTR.E.Prior to commencing work, general contractor shall provide proof that an OSHA certified “competent person” (29 CFR 1926.20(b)(2) will maintain a presence at the work site whenever the general or subcontractors are present. This person shall have successfully completed the 30 hour OSHA class. All other contractor employees on the job site shall have completed the 10 hour OSHA course.F.VHA Directive 2011-36, Safety and Health during Construction, dated 9/22/2011 in its entirety is made a part of this section.1.2 STATEMENT OF BID ITEM(S) Bid Item 1.The VA Maryland Health Care System, Baltimore, Loch Raven and Perry Point VAMCs have a requirement for a general contractor to provide construction services to prepare site for building operations, including demolition and removal of existing structures, and furnish all labor, tools, materials, equipment, supplies and supervision to perform work as required by individual Task Orders (TO) as assigned under the resulting contract from this solicitation. This is an Indefinite-Delivery/Indefinite Quantity (IDIQ) type contract that encompasses a broad range of non-recurring maintenance and minor construction on real property located at the following three campuses:Baltimore VA Medical Center10 North Greene StreetBaltimore, MD 21201410-605-7000Perry Point VA Medical CenterVA Medical CenterPerry Point, MD 21902410-642-2411Loch Raven VA Community Living & Rehabilitation Center3900 Loch Raven BoulevardBaltimore, MD 21218410-605-7000Task Orders will vary in size and dollar amounts. Task orders will involve, but will not be limited to trades, such as carpentry, concrete, roofing, site work, excavation, interior renovation, carpet, window and door installation, electrical, steam fitting, plumbing, painting (interior/exterior), demolition, masonry or metal stud and sheetrock walls, install acoustical ceilings and light fixtures, HVAC, install ceramic tile/VCT flooring. Informal shop drawings, incidental to the job reflecting the plan of action and the completed project, may be required.During the contract period, FMS will identify projects for task orders, which will be issued by the Contracting Officer. The Contracting Officer will appoint a Contracting Officer’s Technical Representative (COTR). The Government has the right to withdraw a proposed task order before and after the receipt of the Contractor's proposal for the proposed task order.An emergency phone number must be provided where a Contractor point of contact can be reached at night, during weekends or holidays. That person must have the ability to obligate the Contractor. Contractor’s office or satellite base must be operational prior to award of the contract and throughout the duration of the contract, and must be open for business from 8:00 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.Contractor’s work and responsibility shall include all Contractor planning, programming, administration, and management necessary to provide all work required by this solicitation. The Contractor shall conduct the work in strict accordance with the contract and all applicable Federal, State, and local laws, regulations, codes, or directives. The Contractor shall insure that all work provided meets, or exceeds the scope of work for each task order, the contract specifications, and any special specifications included with any task order or specified or included in any applicable documents. The Government will provide the basic requirements for each task order to the Contractor detailing the work to be accomplished. The detail provided would vary from project to project from complete design documents to a general idea of what is required with no drawings. The Contractor is required to use whatever information is provided and submit a complete proposal regardless of the amount of information provided by the Government. In some cases, the Contractor shall be required to suggest methods and materials for performing the work necessary for a particular project. For task orders where the Government provides no drawings, the Contractor shall provide adequate drawings clearly indicating what work is included with the proposal.2. R. S. MEANSA.The following R.S. Means titles for the current calendar year (Using the Latest quarter city cost indexes for Baltimore, MD 21201 and/or 21218 or Perry Point, MD 21902 for each task order) shall be used under this contract: Building Construction Cost Data, Concrete and Masonry Cost Data, Electrical Cost Data, Heavy Construction Cost Data, Interior Cost Data, Mechanical Cost Data, Plumbing Cost Data, Site Work and Landscape Cost Data, Green Building Cost Data and Facilities Construction Cost Data and Facilities Maintenance and Repair Cost Data. Bare costs include basic labor rates, direct labor, equipment, and material costs and column for O&P. The specified R.S. Means titles contain pricing information for the work to be accomplished and for the units of measure specified. The R. S. Means that is applicable to this contract consists of the following publication.The pricing guide may be purchased from:R. S. Means Company Incorporated Construction Publishers and Consultants Plaza Kingston, MA 02364-0800, Phone: 1-800-334-3509.B.The R. S. Means will be updated each calendar year with the current edition of the cost data, not updated during the contract period.C.The Contractor must furnish pricing (proposals) for each individual task order on a LINE ITEM BASIS (per R. S. Means line items). Each line item price, as derived from the R. S. Means, shall consist of BARE (DIRECT) COSTS only and the O&P column, and shall NOT include (INDIRECT) costs, such as: general and administrative (G&A) cost. The Contractor's (indirect) costs, G&A, are to be included in the coefficient factors, if any. D.All prices in the R. S. Means are for completed and in-place construction unless explicitly described otherwise. Incidental nails, screws, weldments, and connectors are considered in the R. S. Means line item cost. Unless a connector is specifically omitted in the R. S. Means line item description, testing, adjusting, balancing, start-up of installed equipment is included in the installed line item price in the R.S. Means. This includes items, such as, but not limited to, pipe testing; equipment start-up; system adjusting and balancing; concrete testing; and compaction and testing of compacted back-fill. Line items are for end finishes. For example, the line item price for concrete broom finish includes all finishes necessary to result in the broom finish. Line item prices are for materials or equipment delivered to the job site. E.Demolition. Selective removal type demolitions are listed in an additional column in the Unit Price Book (UPB) for all tasks that can be demolished, and do not include hauling costs. Site demolitions are assembly type of removals, and are to be used when appropriate. Line item demolition includes all attached appurtenances, for example, demolishing a door includes the hardware, and removing pipe includes all in-line fittings and valves. Unless explicitly required in the scope of work, demolition includes handling. Handling line items in the UPB are for the handling of debris that is present prior to the task/delivery work order. Handling is also allowed when use of a chute or elevator is required. Line item demolition prices include disposal costs, whether salvageable or non-salvageable material. 3. BARE (DIRECT) COSTSa.Bare (direct) costs represent the direct costs of labor, materials and equipment for a specific task as specified and listed in the R. S. Means. Bare (direct) costs do not include overhead and profit; andb.Bare (direct) costs do not include the costs, salaries and fringes of the owners of the company, company executives, or company officials. The costs, salaries, and fringes mentioned above are considered to be included in the coefficients bid as INDIRECT COSTS.NOTE: Re para (a): While bare costs include labor, material and equipment, RS means provides for overhead & profit whether prime or subcontractor does the work, including fringes and workers compensation in the labor rate. The costs for General Conditions, when applicable, should be added per task to the total cost including O&P. Costs for General Conditions, are listed in Division 1 of the Unit Price Section and the Reference Section of the RS Means book. The coefficient is for those “Indirect Costs: associated with salaries/fringes that relate to General & Administrative expenses such as company owners, executives, administrative support. Performance Bond is also covered under Division 1 and is part of RS Means. Offeror must provide thorough cost breakdown to support contract coefficient for each year.4. COEFFICIENT:The coefficient (Contractor’s cost for overhead, profit, insurance, protective clothing, etc) is the price multiple for bidding. The Government-established bare unit prices listed in the R. S. Means are multiplied by the coefficient to arrive at the actual price for the project. Example: if the unit price for painting one square foot of sheetrock is $5.00 and the coefficient is 1.2, the task order price would be $6.00 ($5.00 x 1.2 = $6.00). The contractor must use a coefficient as part of the cost/price proposal for the contract. The coefficient shall contain those “indirect costs” associated with salaries/fringes that relate to General & Administrative expenses such as company owners, executives, administrative support, etc.. The total price of an individual item multiplied by the coefficient is the total price for the item and includes all costs associated with providing and installing the item, as no other allowance will be made for other than construction items, either pre-priced or non-pre-priced. The Contractor shall not include contingency costs in their coefficient. The Government reserves the right to negotiate the coefficient should it not be determined to be reasonable, allowable or allocable.The offeror shall provide documentation supporting that bonding can be obtained for task orders.The Government reserves the right to negotiate any proposal (priced or pre priced) that it determines not to be fair and reasonable as proposed. All components of price shall be included in the offeror's coefficient, and shall be fully supported. No allowance for an omitted cost will be made later.The unit prices in the “Bare Costs” column, stated in the R. S. Means, include labor, materials, and equipment costs.5. TASK ORDER PRICINGa.The price of any individual task/delivery order is determined as follows:1.The unit prices for material are added, resulting in a total unit price for material. The unit prices for labor are added, resulting in a total price for labor. NOTE: In most items, equipment costs are included in the labor costs.2.The unit price totals of each category task involved in the task order are added up (along with the O&P column and bond), and then multiplied by the coefficient to determine the total task order price.6. NON PRE-PRICED ITEMSa.Items of work not covered by the contract, may be negotiated by the Contracting Officer, through the COTR, and added to a task order at any time during the contract. Added items of work shall be incorporated into and made a part of the task/delivery work order, and shall be performed at the negotiated unit price. Non pre-priced work shall be so noted on each task/delivery work order. Non pre-priced proposals shall be supported with verifiable documentation supporting competitive quotes (minimum of two), catalogue prices, etc. for all non-pre-priced work. Non pre-priced items shall be proposed in bare costs only (material, equipment, and labor) multiplied by the quantity and the contract coefficient. Repetitive items may be negotiated and incorporated to the R. S. Means by modification to the contract, thereby making it a pre-priced item for the remainder of the contract. The determination to add or not to add a non-priced item to the R. S. Means is made by the GovernmentNOTE:To calculate the final costs on a task order with non priced items, total the non pre-priced items costs (bare costs x the overhead and profit rate) and add that total to the priced items total cost (bare cost x the coefficient) and for a total cost (priced and non-priced items) multiply that with the bonding premium rate to arrive at a total task order cost.7. MINIMUM AND MAXIMUM CONTRACT VALUE: The guaranteed minimum quantity of work which will be required under this contract, and which will be initiated by one or more task/delivery work orders, will not be less than $2,000.00. Individual task orders shall range from $2,000.00 to no more than $500,000.00 throughout the contract period. The maximum contract value shall not exceed $4,999,999.00, including option years.8. CONTRACTOR STAFF AND EMPLOYEES:Prior to issuance of the first Task/delivery work order, the Contractor shall provide the Contracting Officer with a telephone number at which the Contractor may be contacted at any time during regular working hours and an emergency number at which the Contractor may be contacted in situations requiring immediate attention.9. WORK PROGRESS AND SCHEDULES:a.A bi-weekly meeting shall be held with the Contractor, Contracting Officer, and Contracting Officer’s Technical Representative (COTR), if necessary, to discuss work progress; problems; and/or differing site conditions that may result in potential change orders.b.For task orders with performance periods of ninety (90) calendar days or more, or at the direction of the Contracting Officer, a Progress Schedule shall be prepared and submitted to the Contracting Officer within ten (10) calendar days of notice-to-proceed for a project. The work shall be scheduled so that, upon the start of construction, work progresses in an appropriate and diligent manner. A schedule, which does not reflect steady and reasonable progress throughout the construction period, will be rejected.c. For task orders with a performance period of less than ninety (90) calendar days, no progress schedule shall be required. 10. VETS 100:Title 38, USC Section 4212(d) and Public Law 105-339, requires that federal contractors report, at least annually, the number and category of veterans who are within their workforce. Submission of the VETS 100 reporting information can be done electronically at: <;. For procurement awards in excess of $30,000, this report must be completed and accepted prior to any Federal contract award. Therefore, all potential contractors are encouraged to file every year. 11. CENTRAL CONTRACTOR REGISTRATION (CCR):Federal Acquisition Regulations require that federal contractors register in the Central Contractor Registration (CCR) database at and enter all mandatory information into the system. Award cannot be made until the contractor has registered. Bidders are encouraged to ensure that they are registered in CCR prior to submitting their bid.12. REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE SYSTEM (CPS)a.As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (VA) evaluations contractor past performance on all contracts that exceed $100,000, and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that the contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement VA uses an online database, the Contractor performance System (CPS) which is maintained by the National Institutes of Health (NIH). The CPS database information is shared with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies.b.Each contractor whose contract award is estimated to exceed $100,000 is required to register with the database at the following web address: . Help in registering can be obtained by contacting CPS Support E-mail or by calling. Registration should occur no later than thirty days after contract award, and must be kept current should there be any change to the contractor’s registered representative. c. For contracts with a period of one year or less, the contracting officer will perform a single evaluation when the contract is complete. For contracts exceeding one year, the contracting officer will evaluate the contractor’s performance annually. Interim reports will be filed each year until the last year of the contract, when the final report will be completed. The report shall be assigned in CPS to the contractor’s designated representative for comment. The contractor representative will have thirty days to submit any comments and reassign the report to the VA contracting officer.d. Failure to have a current registration with the, or to reassign the report to the VA contracting officer within those thirty days, will result in the Government’s evaluation being placed on file in the database with a statement that the contractor failed to respond.13. ORDERING PROCEDURESa.The Contracting Officer, or his/her authorized representative, will notify the Contractor that a requirement exists for the Construction contract. The notification will include a task\delivery work order, which includes the scope of work; any available drawings and technical documents; and a list of material submittals.b.The Contractor shall coordinate a site visit with the Contracting Officer, or his/her authorized representative, by telephone within two (2) workdays after receipt of the notification. The Contractor, Contracting Officer or his/her duly authorized representative, the project engineer and/or the Government inspector will participate in the site visit. The purpose of the site visit is to familiarize the Government and Contractor with the condition of the site, and to identify any special conditions, which may be present. c.After the site visit has been conducted, the Contractor shall submit his proposal to the Contracting Officer at the time mutually agreed upon by the Contractor and the Contracting Officer, but no later than seven (7) workdays after the site visit. In the absence of an agreement, the proposal shall be submitted within five (5) workdays after requested by the Contracting Officer.d.The Contractor's proposal shall be submitted using the R. S. Means, and shall be accompanied by necessary technical documentation to identify that adequate engineering and planning has been accomplished to meet the performance requirements. Examples of documentation that might reasonably be expected would include drawings or sketches, catalog cuts, calculations, specifications, bills of materials, etc. Any non-pre-priced work must be supported with verifiable documentation outlined in Paragraph 5.e.Upon receipt of the Contractor's proposal, the Government will review the proposal. The Contractor's proposal must address non-priced items. If there are quantity differences to be resolved, or if the Government or the Contractor determines quantity verification is necessary, a second site visit may be made to measure and reach agreement on quantities. The Contractor, Contracting Officer or his/her duly authorized representative, project engineer and/or Government inspector will participate in this site visit.f.Upon receipt of the Contractor's proposal, the Government will review the proposal for completeness. The Government will negotiate with the Contractor the method, non-pre-priced items as applicable, performance times, and quantities.g.The Contractor is put on notice that circumstances may prohibit the Government from issuing an individual task/delivery work order even after the receipt and/or negotiation of the Contractor's task order proposal.h.If such circumstances arise, the Government is not obligated to reimburse the Contractor for any costs incurred in the preparation of the task/delivery work order proposal.1.3SPECIFICATIONS AND DRAWINGS FOR CONTRACTORWill be provided electronically, for each individual Task Order) to the Contractor for his use in printing project specific plans and specifications on an as-needed basis for himself and his sub-contractors. If the contractor does not have the capability of printing said plans and specifications in-house, the COTR will provide the name(s) of printing establishments that can provide that service.1.4 FIRE SAFETYA.Applicable Publications: Publications listed below form part of this Article to extent referenced. Publications are referenced in text by basic designations only. 1.American Society for Testing and Materials (ASTM):E84-1998Surface Burning Characteristics of Building Materials2.National Fire Protection Association (NFPA):10-1998Standard for Portable Fire ExtinguishersFCLCH-30-2000Flammable and Combustible Liquids Code51B-1999Standard for Fire Prevention During Welding, Cutting and Other Hot Work70-2000National Electrical Code241-2000Standard for Safeguarding Construction, Alteration, and Demolition Operations3.Occupational Safety and Health Administration (OSHA)29 CFR 1926Safety and Health Regulations for ConstructionB. Fire Safety Plan: Establish and maintain a fire protection program in accordance with 29 CFR 1926. Prior to start of work, prepare a plan detailing project-specific fire safety measures, including periodic status reports, and submit to COTR and Facility Safety Officer for review for compliance with contract requirements in accordance with Section 01340, SAMPLES AND SHOP DRAWINGS. Prior to any worker for the contractor or subcontractors beginning work, they shall undergo a safety briefing provided by the general contractor’s competent person per OSHA requirements. This briefing shall include information on the construction limits, VAMC safety guidelines, means of egress, break areas, work hours, locations of restrooms, use of VAMC equipment, etc. Documentation shall be provided to the COTR that individuals have undergone contractor’s safety briefing.C.Site and Building Access: Maintain free and unobstructed access to facility emergency services and for fire, police and other emergency response forces in accordance with NFPA 241.D.Separate temporary facilities, such as trailers, storage sheds, and dumpsters, from existing buildings and new construction by distances in accordance with NFPA 241. For small facilities with less than 6 m (20 feet) exposing overall length, separate by 3m (10 feet).E.Temporary Heating and Electrical: Install, use and maintain installations in accordance with 29 CFR 1926, NFPA 241 and NFPA 70.F.Means of Egress: Do not block exiting for occupied buildings, including paths from exits to roads. Minimize disruptions and coordinate with COTR.G.Egress Routes for Construction Workers: Maintain free and unobstructed egress. Inspect daily. Report findings and corrective actions weekly to COTR.H.Fire Extinguishers: Provide and maintain extinguishers in construction areas and temporary storage areas in accordance with 29 CFR 1926, NFPA 241 and NFPA 10. I.Flammable and Combustible Liquids: Store, dispense and use liquids in accordance with 29 CFR 1926, NFPA 241 and NFPA 30. J.Existing Fire Protection: Do not impair automatic sprinklers, smoke and heat detection, and fire alarm systems, except for portions immediately under construction, and temporarily for connections. Provide fire watch for impairments more than 4 hours in a 24-hour period. Request interruptions in accordance with Article, OPERATIONS AND STORAGE AREAS, and coordinate with COTR. All existing or temporary fire protection systems (fire alarms, sprinklers) located in construction areas shall be tested as coordinated with the medical center. Parameters for the testing and results of any tests performed shall be recorded by the medical center and copies provided to the COTR.K.Smoke Detectors: Prevent accidental operation. Remove temporary covers at end of work operations each day. Coordinate with COTR .L.Hot Work: Perform and safeguard hot work operations in accordance with NFPA 241 and NFPA 51B. Coordinate with COTR . Obtain permits from facility Safety Manager Officer at least 48 hours in advance. Designate contractor's responsible project-site fire prevention program manager to permit hot work. M.Fire Hazard Prevention and Safety Inspections: Inspect entire construction areas weekly. Coordinate with, and report findings and corrective actions weekly to COTR .N.Smoking: Smoking is prohibited in and adjacent to construction areas inside existing buildings and additions under construction. In separate and detached buildings under construction, smoking is prohibited except in designated smoking rest areas.O.Dispose of waste and debris off site in accordance with NFPA 241. Remove from buildings daily.P. Perform other construction, alteration and demolition operations in accordance with 29 CFR 1926.Q.If required, submit documentation to the COTR that personnel have been trained in the fire safety aspects of working in areas with impaired structural or compartmentalization features.1.5 OPERATIONS AND STORAGE AREAS A.The Contractor shall confine all operations (including storage of materials) on Government premises to areas authorized or approved by the Contracting Officer. The Contractor shall hold and save the Government, its officers and agents, free and harmless from liability of any nature occasioned by the Contractor's performance.B.Temporary buildings (e.g., storage sheds, shops, offices) and utilities may be erected by the Contractor only with the approval of the Contracting Officer and shall be built with labor and materials furnished by the Contractor without expense to the Government. The temporary buildings and utilities shall remain the property of the Contractor and shall be removed by the Contractor at its expense upon completion of the work. With the written consent of the Contracting Officer, the buildings and utilities may be abandoned and need not be removed. C.The Contractor shall, under regulations prescribed by the Contracting Officer, use only established roadways, or use temporary roadways constructed by the Contractor when and as authorized by the Contracting Officer. When materials are transported in prosecuting the work, vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by any Federal, State, or local law or regulation. When it is necessary to cross curbs or sidewalks, the Contractor shall protect them from damage. The Contractor shall repair or pay for the repair of any damaged curbs, sidewalks, or roads. D.Working space and space available for storing materials shall be as determined by the COTR. E.Workmen are subject to rules of Medical Center applicable to their conduct. F.Execute work so as to interfere as little as possible with normal functioning of Medical Center as a whole, including operations of utility services, fire protection systems and any existing equipment, and with work being done by others. Use of equipment and tools that transmit vibrations and noises through the building structure, are not permitted in buildings that are occupied, during construction, jointly by patients or medical personnel, and Contractor's personnel, except as permitted by COTR where required by limited working space. 1.Do not store materials and equipment in other than assigned areas. 2.Schedule delivery of materials and equipment to immediate construction working areas within buildings in use by Department of Veterans Affairs in quantities sufficient for not more than two work days. Provide unobstructed access to Medical Center areas required to remain in operation. 3.Where access by Medical Center personnel to vacated portions of buildings is not required, storage of Contractor's materials and equipment will be permitted subject to fire and safety requirements.G.Buildings will be occupied during performance of work. H.When a building or portion thereof is turned over to Contractor, Contractor shall accept entire responsibility therefor. 1.Contractor shall maintain a minimum temperature of 4 degrees C (40 degrees F) at all times, except as otherwise specified. 2.Contractor shall maintain in operating condition existing fire protection and alarm equipment. In connection with fire alarm equipment, Contractor shall make arrangements for preinspection of site with Fire Department or Company (Department of Veterans Affairs or municipal) whichever will be required to respond to an alarm from Contractor's employee or watchman. I.Utilities Services: Maintain existing utility services for Medical Center at all times. Provide temporary facilities, labor, materials, equipment, connections, and utilities to assure uninterrupted services. Where necessary to cut existing water, steam, gases, sewer or air pipes, or conduits, wires, cables, etc. of utility services or of fire protection systems and communications systems (including telephone), they shall be cut and capped at suitable places where shown; or, in absence of such indication, where directed by COTR. 1.No utility service such as water, gas, steam, sewers or electricity, or fire protection systems and communications systems may be interrupted without prior approval of COTR. Electrical work shall be accomplished with all affected circuits or equipment de-energized. When an electrical outage cannot be accomplished, work on any energized circuits or equipment shall not commence without the Medical Center Director’s prior knowledge and written approval. Refer to specification Section 16050 for additional requirements.2.Contractor shall submit a request to interrupt any such services to COTR, in writing, 72 hours in advance of proposed interruption. Request shall state reason, date, exact time of, and approximate duration of such interruption. 3.Contractor will be advised (in writing) of approval of request, or of which other date and/or time such interruption will cause least inconvenience to operations of Medical Center. Interruption time approved by Medical Center may occur at other than Contractor's normal working hours. 4.Major interruptions of any system must be requested, in writing, at least 15 calendar days prior to the desired time and shall be performed as directed by the COTR. 5.In case of a contract construction emergency, service will be interrupted on approval of COTR. Such approval will be confirmed in writing as soon as practical. 6.Whenever it is required that a connection fee be paid to a public utility provider for new permanent service to the construction project, for such items as water, sewer, electricity, gas or steam, payment of such fee shall be the responsibility of the Government and not the Contractor. J.Abandoned Lines: All service lines such as wires, cables, conduits, ducts, pipes and the like, and their hangers or supports, shall not be abandoned but are required to be entirely removed, shall be sealed, capped or plugged back to the last point of service . The lines shall not be capped in finished areas, but shall be removed and sealed, capped or plugged in ceilings, within furred spaces, in unfinished areas, or within walls or partitions , but in all cases back to the last point of service. K.To minimize interference of construction activities with flow of Medical Center traffic, comply with the following: 1.Keep roads, walks and entrances to grounds, to parking and to occupied areas of buildings clear of construction materials, debris and standing construction equipment and vehicles. 2.Coordinate the work for this contract with other construction operations as directed by COTR. This includes the scheduling of traffic and the use of roadways, as specified in Article, USE OF ROADWAYS. 1.6 ALTERATIONS A.Survey: Before any work is started, the Contractor shall make a thorough survey with the COTR of areas of buildings in which alterations occur and areas which are anticipated routes of access, and furnish a report, signed by both, to the Contracting Officer. This report shall list by rooms and spaces:1.Existing condition and types of resilient flooring, doors, windows, walls and other surfaces not required to be altered throughout affected areas of building. 2.Existence and conditions of items such as plumbing fixtures and accessories, electrical fixtures, equipment, etc., required by drawings to be either reused or relocated, or both.3.Shall note any discrepancies between drawings and existing conditions at site. 4.Shall designate areas for working space, materials storage and routes of access to areas within buildings where alterations occur and which have been agreed upon by Contractor and COTR. B.Any items required by drawings to be either reused or relocated or both, found during this survey to be nonexistent, or in opinion of COTR, to be in such condition that their use is impossible or impractical, shall be furnished and/or replaced by Contractor with new items in accordance with specifications which will be furnished by Government. Provided the contract work is changed by reason of this subparagraph B, the contract will be modified accordingly, under provisions of clause entitled "DIFFERING SITE CONDITIONS" (FAR 52.2362) and "CHANGES" (FAR 52.2434 and VAAR 852.23688) of Section 01001, GENERAL CONDITIONS. C.ReSurvey: Thirty days before expected partial or final inspection date, the Contractor and COTR together shall make a thorough resurvey of the areas of buildings involved. They shall furnish a report on conditions then existing, of resilient flooring, doors, windows, walls and other surfaces as compared with conditions of same as noted in first condition survey report. 1.Resurvey report shall also list any damage caused by Contractor to such flooring and other surfaces, despite protection measures; and, will form basis for determining extent of repair work required of Contractor to restore damage caused by Contractor's workmen in executing work of this contract. D.Protection: Provide the following protective measures: 1.Wherever existing roof surfaces are disturbed or penetrated they shall be protected against water infiltration with proper retrofit to allow new curbs and equipment installation. Method of repair shall be approved by the COTR in a case-by-case basis. In case of leaks, they shall be repaired immediately upon discovery. 2.Temporary protection against damage for portions of existing structures and grounds where work is to be done, materials handled and equipment moved and/or relocated. 3.Protection of interior of existing structures at all times, from damage, dust and weather inclemency. Wherever work is performed, floor surfaces that are to remain in place shall be adequately protected prior to starting work, and this protection shall be maintained intact until all work in the area is completed. 4.Dampen debris to keep down dust and provide temporary construction partitions in existing structures where directed by COTR. Blank off ducts and diffusers or provide proper HEPA filtration to prevent circulation of dust into occupied areas during construction.5.Do not perform any dust producing tasks within occupied areas without the approval of the COTR. For construction in any areas that will remain jointly occupied by the medical Center and Contractor’s workers, the Contractor shall:a.Provide dust proof temporary drywall construction barriers to completely separate construction from the operational areas of the hospital in order to contain dirt debris and dust. Barriers shall be sealed and made presentable on hospital occupied side. Install a self-closing rated door in a metal frame, commensurate with the partition, to allow worker access. Maintain negative air in renovation area at all times. A fire retardant polystyrene, 6-mil thick or greater plastic barrier meeting local fire codes may be used where dust control is the only hazard, and an agreement is reached with the COTR and Medical Center.b.Install HEPA (High Efficiency Particulate Accumulator) filter vacuum system rated at 95% capture of 0.3 microns including pollen, mold spores and dust particles. Insure continuous negative air pressures occurring within the work area. HEPA filtration is required where the exhaust dust may reenter the breathing zone. HEPA filters should have ASHRAE 85 or other prefilter to extend the useful life of the HEPA. Provide both primary and secondary filtrations units. Exhaust hoses shall be heavy duty, flexible steel reinforced and exhausted so that dust is not reintroduced to the medical center.c.Adhesive Walk-off/Carpet Walk-off Mats, minimum 36” x 42”, shall be used at all interior transitions from the construction area to occupied medical center area. These mats shall be changed as often as required, but at least daily, to maintain clean work areas directly outside construction area.d.Broom clean and wet mop at the end of each workday. Vacuum utilizing HEPA filtration. Maintain surrounding area frequently. Remove debris as they are created. Transport these outside the construction area in containers with tightly fitting lids.e.The contractor shall not haul debris through patient-care areas without prior approval of the COTR and the Medical Center. When, approved, debris shall be hauled in enclosed dust proof containers or wrapped in plastic and sealed with duct tape. No sharp objects should be allowed to cut through the plastic. Wipe down the exterior of the containers with a damp rag to remove dust. All equipment, tools, material, etc. transported through occupied areas shall be made free from dust and moisture by vacuuming and wipe down. f.Using a HEPA vacuum, clean inside the barrier and vacuum ceiling tile prior to replacement. Any ceiling access panels opened for investigation beyond sealed areas shall be replaced immediately when unattended.g.There shall be no standing water during construction. This includes water in equipment drip pans and open containers within the construction areas. All accidental spills must be cleaned up and dried within 12 hours. Remove and dispose of porous materials that remain damp for more than 72 hours.h.At completion, remove construction barriers and ceiling protection carefully, outside of normal work hours. Vacuum and clean all surfaces free of dust after the removal.E.Disposal and Retention: Materials and equipment accruing from work removed and from demolition of buildings or structures, or parts thereof, shall be disposed of as follows: 1.Reserved items which are to remain property of the Government are identified by attached tags as items to be stored. Items which remain property of the Government shall be removed or dislodged from present locations in such a manner as to prevent damage which would be detrimental to reinstallation and reuse. Store such items where directed by COTR. 2.Items not reserved shall become property of the Contractor and be removed by Contractor from Medical Center.3.Items of portable equipment and furnishings located in rooms and spaces in which work is to be done under this contract shall remain the property of the Government. When rooms and spaces are vacated by the Department of Veterans Affairs during the alteration period, such items which are NOT required by drawings and specifications to be either relocated or reused will be removed by the Government in advance of work to avoid interfering with Contractor's operation. 4.PCB Transformers and Capacitors: The Contractor shall be responsible for disposal of the Polychlorinated Biphenyl (PCB) transformers and capacitors. The transformers and capacitors shall be taken out of service and handled in accordance with the procedures of the Environmental Protection Agency (EPA) and the Department of Transportation (DOT) as outlined in Code of Federal Regulation (CFR), Titled 40 and 49 respectively. The EPA's Toxic Substance Control Act (TSCA) Compliance Program Policy Nos. 6PCB6 and 6PCB7 also apply. Upon removal of PCB transformers and capacitors for disposal, the "originator" copy of the Uniform Hazardous Waste Manifest (EPA Form 870022), along with the Uniform Hazardous Waste Manifest Continuation Sheet (EPA Form 870022A) shall be returned to the Contracting Officer who will annotate the contract file and transmit the Manifest to the Medical Center's Chief. a.Copies of the following listed CFR titles may be obtained from the Government Printing Office:40 CFR 261 Identification and Listing of Hazardous Waste 40 CFR 262 Standards Applicable to Generators of Hazardous Waste 40 CFR 263 Standards Applicable to Transporters of Hazardous Waste 40 CFR 761 PCB Manufacturing, Processing, Distribution in Commerce, and use Prohibitions49 CFR 172 Hazardous Material tables and Hazardous Material Communications Regulations 49 CFR 173 Shippers General Requirements for Shipments and Packaging 49 CRR 173 Subpart A General 49 CFR 173 Subpart B Preparation of Hazardous Material for Transportation 49 CFR 173 Subpart J Other Regulated Material; Definitions and Preparation TSCA -Compliance Program Policy Nos. 6PCB6 and 6PCB7 F.Final Cleanup:1.Upon completion of project, or as work progresses, remove all construction debris from above ceiling, vertical shafts and utility chases that have been part of the construction.2.Perform HEPA vacuum cleaning of all surfaces in the construction area. This includes walls, ceilings, cabinets, furniture (built-in or free standing), partitions, flooring, etc.3.All new air ducts shall be cleaned prior to final inspection. G. Above Ceiling Work:1. When work is performed above existing ceilings and walls or floor decks above are to be penetrated, and Above Ceiling Work permit shall be requested from the COTR. This permit will be closed only after all penetrations are sealed with UL approved fire stop materials.1.7 INFECTION PREVENTION MEASURESA.Implement the requirements of VAMC’s Infection Control Risk Assessment (ICRA) team. ICRA Group may monitor dust in the vicinity of the construction work and require the Contractor to take corrective action immediately if the safe levels are exceeded.B.Establish and maintain a dust control program as part of the contractor’s infection preventive measures in accordance with the guidelines provided by the Infection Control Nurse designated by the VAMC. Prior to start of work, prepare a plan detailing project-specific dust protection measures, including periodic status reports, and submit to the COTR for review for compliance with contract requirements in accordance with Section 01 33 23, SHOP DRAWINGS, PRODUCT DATA AND SAMPLES. (Found at )1.All personnel involved in the construction or renovation activity shall be educated and trained in infection prevention measures established by the medical center.C.Medical center Infection Control personnel shall monitor for airborne disease (e.g. aspergillosis) as appropriate during construction. A baseline of conditions may be established by the medical center prior to the start of work and periodically during the construction stage to determine impact of construction activities on indoor air quality. In addition:1.The RE and VAMC Infection Control personnel shall review pressure differential monitoring documentation to verify that pressure differentials in the construction zone and in the patient-care rooms are appropriate for their settings. The requirement for negative air pressure in the construction zone shall depend on the location and type of activity. Upon notification, the contractor shall implement corrective measures to restore proper pressure differentials as needed.2.In case of any problem, the medical center, along with assistance from the contractor, shall conduct an environmental assessment to find and eliminate the source.D.In general, following preventive measures shall be adopted during construction to keep down dust and prevent mold. 1.Dampen debris to keep down dust and provide temporary construction partitions in existing structures where directed by Resident Engineer. Blank off ducts and diffusers to prevent circulation of dust into occupied areas during construction.2.Do not perform dust producing tasks within occupied areas without the approval of the Resident Engineer. For construction in any areas that will remain jointly occupied by the medical Center and Contractor’s workers, the Contractor shall:a.Provide dust proof temporary drywall construction barriers to completely separate construction from the operational areas of the hospital in order to contain dirt debris and dust (Fire rated as specified in individual Task Orders). Barriers shall be sealed and made presentable on hospital occupied side. Install a self-closing rated door in a metal frame, commensurate with the partition, to allow worker access. Maintain negative air at all times. A fire retardant polystyrene, 6-mil thick or greater plastic barrier meeting local fire codes may be used where dust control is the only hazard, and an agreement is reached with the Resident Engineer and Medical Center.b.HEPA filtration is required where the exhaust dust may reenter the breathing zone. Contractor shall verify that construction exhaust to exterior is not reintroduced to the medical center through intake vents, or building openings. Install HEPA (High Efficiency Particulate Accumulator) filter vacuum system rated at 95% capture of 0.3 microns including pollen, mold spores and dust particles. Insure continuous negative air pressures occurring within the work area. HEPA filters should have ASHRAE 85 or other prefilter to extend the useful life of the HEPA. Provide both primary and secondary filtrations units. Exhaust hoses shall be heavy duty, flexible steel reinforced and exhausted so that dust is not reintroduced to the medical center.c.Adhesive Walk-off/Carpet Walk-off Mats, minimum 600mm x 900mm (24” x 36”), shall be used at all interior transitions from the construction area to occupied medical center area. These mats shall be changed as often as required to maintain clean work areas directly outside construction area at all times.d.Vacuum and wet mop all transition areas from construction to the occupied medical center at the end of each workday. Vacuum shall utilize HEPA filtration. Maintain surrounding area frequently. Remove debris as they are created. Transport these outside the construction area in containers with tightly fitting lids.e.The contractor shall not haul debris through patient-care areas without prior approval of the Resident Engineer and the Medical Center. When, approved, debris shall be hauled in enclosed dust proof containers or wrapped in plastic and sealed with duct tape. No sharp objects should be allowed to cut through the plastic. Wipe down the exterior of the containers with a damp rag to remove dust. All equipment, tools, material, etc. transported through occupied areas shall be made free from dust and moisture by vacuuming and wipe down. f.Using a HEPA vacuum, clean inside the barrier and vacuum ceiling tile prior to replacement. Any ceiling access panels opened for investigation beyond sealed areas shall be sealed immediately when unattended.g.There shall be no standing water during construction. This includes water in equipment drip pans and open containers within the construction areas. All accidental spills must be cleaned up and dried within 12 hours. Remove and dispose of porous materials that remain damp for more than 72 hours.At completion, remove construction barriers and ceiling protection carefully, outside of normal work hours. Vacuum and clean all surfaces free of dust after the removal.E.Final Cleanup:1.Upon completion of project, or as work progresses, remove all construction debris from above ceiling, vertical shafts and utility chases that have been part of the construction.2.Perform HEPA vacuum cleaning of all surfaces in the construction area. This includes walls, ceilings, cabinets, furniture (built-in or free standing), partitions, flooring, etc.3.All new air ducts shall be cleaned prior to final inspection.1.8 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS A.The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which are not to be removed and which do not unreasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place. 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 treepruning compound as directed by the Contracting Officer. B.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.(FAR 52.2369)1.9 RESTORATION A.Remove, cut, alter, replace, patch and repair existing work as necessary to install new work. Except as otherwise shown or specified, do not cut, alter or remove any structural work, and do not disturb any ducts, plumbing, steam, gas, or electric work without approval of the COTR. Existing work to be altered or extended and that is found to be defective in any way, shall be reported to the COTR 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. B.Upon completion of contract, deliver work complete and undamaged. Existing work (walls, ceilings, partitions, floors, mechanical and electrical work, lawns, paving, roads, walks, etc.) 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. C.At Contractor's own expense, Contractor shall immediately restore to service and repair any damage caused by Contractor's workmen to existing piping and conduits, wires, cables, etc., of utility services or of fire protection systems and communications systems (including telephone) which are indicated on drawings and which are not scheduled for discontinuance or abandonment. D.Expense of repairs to such utilities and systems not shown on drawings or locations of which are unknown will be covered by adjustment to contract time and price in accordance with clause entitled "CHANGES" (FAR 52.2434 and VAAR 852.23688) and "DIFFERING SITE CONDITIONS" (FAR 52.2362) of Section 01001, GENERAL CONDITIONS. 1.10 LAYOUT OF WORK A.The Contractor shall lay out the work from Government established base lines and bench marks, indicated on the drawings, and shall be responsible for all measurements in connection with the layout. The Contractor shall furnish, at Contractor's own expense, all stakes, templates, platforms, equipment, tools, materials, and labor required to lay out any part of the work. The Contractor shall be responsible for executing the work to the lines and grades that may be established or indicated by the Contracting Officer. The Contractor shall also be responsible for maintaining and preserving all stakes and other marks established by the Contracting Officer until authorized to remove them. If such marks are destroyed by the Contractor or through Contractor's negligence before their removal is authorized, the Contracting Officer may replace them and deduct the expense of the replacement from any amounts due or to become due to the Contractor. (FAR 52.23617)1.11 As-Built DrawingsA.The contractor shall maintain two full size sets of as-built drawings which will be kept current during construction of the project, to include all contract changes, modifications and clarifications.B.All variations shall be shown in the same general detail as used in the contract drawings. To insure compliance, as-built drawings shall be made available for the COTR's review, as often as requested.C.Contractor shall deliver two approved completed sets of as-built drawings to the COTR within 15 calendar days after each completed phase and after the acceptance of the project by the COTR. If the project is completed in phases the first phase shall be marked in red color, the second phase in green and subsequent phases in other colors as approved by the COTR.D. Paragraphs A, B, & C shall also apply to all shop drawings.1.12 USE OF ROADWAYSFor hauling, use only established public roads and roads on Medical Center property and, when authorized by the Resident Engineer, such temporary roads which are necessary in the performance of contract work. Temporary roads shall be constructed by the Contractor at Contractor's expense. When necessary to cross curbing, sidewalks, or similar construction, they must be protected by wellconstructed bridges.1.13 TEMPORARY USE OF MECHANICAL AND ELECTRICAL EQUIPMENT A.Use of new installed mechanical and electrical equipment to provide heat, ventilation, plumbing, light and power will be permitted subject to compliance with the following provisions: 1.Permission to use each unit or system must be given by COTR. If the equipment is not installed and maintained in accordance with the following provisions, the COTR will withdraw permission for use of the equipment. 2.Electrical installations used by the equipment shall be completed in accordance with the drawings and specifications to prevent damage to the equipment and the electrical systems, i.e. transformers, relays, circuit breakers, fuses, conductors, motor controllers and their overload elements shall be properly sized, coordinated and adjusted. Voltage supplied to each item of equipment shall be verified to be correct and it shall be determined that motors are not overloaded. The electrical equipment shall be thoroughly cleaned before using it and again immediately before final inspection including vacuum cleaning and wiping clean interior and exterior surfaces. 3.Units shall be properly lubricated, balanced, and aligned. Vibrations must be eliminated. 4.Automatic temperature control systems for preheat coils shall function properly and all safety controls shall function to prevent coil freezeup damage. 5.The air filtering system utilized shall be that which is designed for the system when complete, and all filter elements shall be replaced at completion of construction and prior to testing and balancing of system.6.All components of heat production and distribution system, metering equipment, condensate returns, and other auxiliary facilities used in temporary service shall be cleaned prior to use; maintained to prevent corrosion internally and externally during use; and cleaned, maintained and inspected prior to acceptance by the Government. B.Prior to final inspection, the equipment or parts used which show wear and tear beyond normal, shall be replaced with identical replacements, at no additional cost to the Government. C.This paragraph shall not reduce the requirements of the mechanical and electrical specifications sections. 1.14 TEMPORARY TOILETS Contractor may have for use of Contractor's workmen, such toilet accommodations as may be assigned to Contractor by Medical Center. Contractor shall keep such places clean and be responsible for any damage done thereto by Contractor's workmen. Failure to maintain satisfactory condition in toilets will deprive Contractor of the privilege to use such toilets and will result in Contractor providing his own portable toilets. 1.15 AVAILABILITY AND USE OF UTILITY SERVICES A.The Government shall make all reasonably required amounts of utilities available to the Contractor from existing outlets and supplies, as specified in the contract. B.The Contractor, at Contractor's expense and in a workmanlike manner satisfactory to the Contracting Officer, shall install and maintain all necessary temporary connections and distribution lines. Before final acceptance of the work by the Government, the Contractor shall remove all the temporary connections, distribution lines, and associated paraphernalia. C.Heat: Furnish temporary heat necessary to prevent injury to work and materials through dampness and cold. Use of open salamanders or any temporary heating devices which may be fire hazards or may smoke and damage finished work, will not be permitted. Maintain minimum temperatures as specified for various materials. 1.Obtain heat by connecting to Medical Center heating distribution system. a.Steam is available at no cost to Contractor. D.Electricity (for Construction and Testing): Furnish all temporary electric services. 1.Obtain electricity by connecting to the Medical Center electrical distribution system. Electricity for use is available at no cost to the Contractor. E.Water (for Construction and Testing): Furnish temporary water service.1.Obtain water by connecting to the Medical Center water distribution system. Provide reduced pressure backflow preventer at each connection. Water is available at no cost to the Contractor. 2.Maintain connections, pipe, fittings and fixtures and conserve wateruse so none is wasted. Failure to stop leakage or other wastes will be cause for revocation (at COTR's discretion) of use of water from Medical Center's system. F.Steam: Furnish steam system for testing required in various sections of specifications. 1.Obtain steam for testing by connecting to the Medical Center steam distribution system. Steam is available at no cost to the Contractor. 2.Maintain connections, pipe, fittings and fixtures and conserve steamuse so none is wasted. Failure to stop leakage or other waste will be cause for revocation (at COTR's discretion), of use of steam from the Medical Center's system. 1.16 TESTS A.Conduct final tests required in various sections of specifications in presence of an authorized representative of the Contracting Officer. Contractor shall furnish all labor, materials, equipment, instruments, and forms, to conduct and record such tests. B.Individual test result of any component, where required, will only be accepted when submitted with the test results of related components and of the entire system. 1.17 INSTRUCTIONS A.Contractor shall furnish Maintenance and Operating manuals and verbal instructions when required by the various sections of the specifications and as hereinafter specified. 1.18 HISTORIC PRESERVATION Where the Contractor or any of the Contractor's employees, prior to, or during the construction work, are advised of or discover any possible archeological, historical and/or cultural resources, the Contractor shall immediately notify the COTR verbally, and then with a written follow up. - E N D 1.19 DAVIS-BACON WAGE DETERMINATIONA. For work performed at VA facilities located at 10 North Greene Street and 3900 Loch Raven Boulevard, Baltimore, MD, General Decision Number MD120069, Modification #6 , dated 11/23/12 shall apply to all work performed under awarded contract.General Decision Number: MD120069 11/23/2012 MD69Superseded General Decision Number: MD20100125State: MarylandConstruction Type: BuildingCounty: Baltimore City County in Maryland.BUILDING CONSTRUCTION PROJECTS (does not include single familyhomes or apartments up to and including 4 stories).Modification Number Publication Date 0 01/06/2012 1 02/17/2012 2 05/11/2012 3 05/18/2012 4 06/08/2012 5 09/28/2012 6 11/23/2012 ASBE0024-007 10/01/2010 Rates FringesASBESTOS WORKER/HEAT & FROST INSULATOR........................$ 31.79 14.73 Includes the application of all insulating materials, protective coverings, coatings and finishes to all types of mechanical systems---------------------------------------------------------------- CARP0101-010 07/01/2011 Rates FringesCARPENTER (Including Drywall Hanging, Drywall Finishing, Form Work, Metal Stud Installation and Scaffold Building)........................$ 24.84 11.00---------------------------------------------------------------- CARP0101-015 04/01/2011 Rates FringesMILLWRIGHT.......................$ 27.91 11.25---------------------------------------------------------------- CARP0101-016 07/01/2011 Rates FringesPILEDRIVERMAN....................$ 24.84 11.00---------------------------------------------------------------- ELEC0024-012 05/02/2012 Rates FringesELECTRICIAN (Including low voltage wiring for and installation of alarms; HVAC controls)........................$ 34.60 5.25%+13.45----------------------------------------------------------------* ELEC0024-013 06/03/2012 Rates FringesELECTRICIAN (Communication and Sound Equipment).............$ 24.63 11.62 PAID HOLIDAYS: New Year's Day, Memorial Day, Fourth of July, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Day----------------------------------------------------------------* ENGI0037-029 08/20/2010 Rates FringesOPERATOR: Bobcat/Skid Steer/Skid Loader................$ 22.93 11.75+aOPERATOR: Bulldozer.............$ 24.88 11.75+aOPERATOR: Crane (All Cranes and Tower Cranes)................$ 26.94 11.75+aOPERATOR: Excavator.............$ 24.88 11.75+aOPERATOR: Forklift..............$ 24.88 11.75+aOPERATOR: Gradall...............$ 24.88 11.75+aOPERATOR: Loader (Front End) 1 1/4 yards and over........$ 24.88 11.75+a 1 Yard and Under............$ 22.93 11.75+aOPERATOR: Paver (Asphalt, Aggregate, and Concrete).........$ 24.88 11.75+aOPERATOR: Roller excluding Asphalt..........................$ 19.30 11.75+a a. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day and Christmas Day.---------------------------------------------------------------- IRON0016-012 04/01/2012 Rates FringesGLAZIER..........................$ 26.88 17.05IRONWORKER (Fence Erection-Chain Link/Cyclone).....$ 26.63 17.05IRONWORKER, ORNAMENTAL, REINFORCING AND STRUCTURAL.......$ 26.88 17.05IRONWORKER, SHEETING.............$ 27.13 17.05---------------------------------------------------------------- LABO0710-004 04/01/2010 Rates FringesLABORER: Mason Tender - Cement/Concrete..................$ 16.61 5.41---------------------------------------------------------------- PAIN0051-023 06/01/2012 Rates FringesPAINTER Brush, Roller, Spray and Paperhanging................$ 24.14 8.91 Industrial..................$ 28.18 8.91---------------------------------------------------------------- PLAS0891-005 07/01/2011 Rates FringesPLASTERER........................$ 27.66 5.82---------------------------------------------------------------- PLAS0891-006 05/01/2010 Rates FringesCEMENT MASON/CONCRETE FINISHER...$ 27.15 9.58---------------------------------------------------------------- PLAS0891-008 08/01/2011 Rates FringesPLASTERER (Fireproofing Including Sprayer, Mixer, and Handler) Handler.....................$ 15.00 3.89 Mixer/Pump..................$ 17.00 3.89 Sprayer.....................$ 21.50 3.89---------------------------------------------------------------- PLUM0486-012 05/01/2011 Rates FringesPIPEFITTER (Including HVAC Pipe and System Installation)....$ 35.585 15.43---------------------------------------------------------------- ROOF0030-033 08/01/2012 Rates FringesROOFER, Excludes Installation of Metal Roofs...................$ 24.39 8.48---------------------------------------------------------------- SHEE0100-026 07/01/2011 Rates FringesSHEET METAL WORKER, Includes HVAC Duct Installation (Excludes Metal Roof Installation)....................$ 29.88 15.73---------------------------------------------------------------- SUMD2010-079 04/30/2010 Rates FringesABATEMENT WORKER: ASBESTOS (Removal from Mechanical Systems).........................$ 12.51 3.91 BRICKLAYER (Excludes Pointing, Caulking and Cleaning)........................$ 22.81 4.54 CARPENTER (Acoustical Ceiling Installation Only)...............$ 16.00 2.60 ELEVATOR MECHANIC................$ 29.66 9.34 LABORERS Common or General; Brick and Stone Mason Tenders.....$ 13.03 2.75 Grade Checker...............$ 16.00 2.90 Landscape...................$ 10.00 Mason Tender for Pointing, Caulking and Cleaning.......$ 12.47 Mortar Mixer................$ 16.61 9.08 Pipelayer...................$ 14.29 5.90 MASON - STONE....................$ 29.82 10.05 OPERATOR: Asphalt Roller........$ 21.35 5.38 OPERATOR: Backhoe...............$ 19.92 7.42 OPERATOR: Boom..................$ 21.44 8.29 OPERATOR: Grader/Blade..........$ 16.75 5.79 PLUMBER..........................$ 27.33 8.95 POINTER, CAULKER, CLEANER, Includes pointing, caulking, cleaning of existing masonry, brick, stone and cement structures (restoration work); excludes pointing, caulking, cleaning of new or replacement masonry, brick, stone or cement...........................$ 19.31 0.00 SHEET METAL WORKER (Metal Roofs Installation)..............$ 20.71 6.23 SPRINKLER FITTER (Fire Sprinklers)......................$ 27.69 4.94 TILE FINISHER....................$ 17.32 0.00 TILE SETTER......................$ 21.38 4.65 TRUCK DRIVER: Dump Truck........$ 15.40 1.96 TRUCK DRIVER: Tractor Haul Truck............................$ 17.87 9.98----------------------------------------------------------------WELDERS - Receive rate prescribed for craft performingoperation to which welding is incidental.================================================================ Unlisted classifications needed for work not included withinthe scope of the classifications listed may be added afteraward only as provided in the labor standards contract clauses(29CFR 5.5 (a) (1) (ii)).---------------------------------------------------------------- The body of each wage determination lists the classificationand wage rates that have been found to be prevailing for thecited type(s) of construction in the area covered by the wagedetermination. The classifications are listed in alphabeticalorder of "identifiers" that indicate whether the particularrate is union or non-union.Union IdentifiersAn identifier enclosed in dotted lines beginning withcharacters other than "SU" denotes that the unionclassification and rate have found to be prevailing for thatclassification. Example: PLUM0198-005 07/01/2011. Thefirst four letters , PLUM, indicate the international union andthe four-digit number, 0198, that follows indicates the localunion number or district council number where applicable ,i.e., Plumbers Local 0198. The next number, 005 in theexample, is an internal number used in processing the wagedetermination. The date, 07/01/2011, following thesecharacters is the effective date of the most currentnegotiated rate/collective bargaining agreement which would beJuly 1, 2011 in the above example.Union prevailing wage rates will be updated to reflect anychanges in the collective bargaining agreements governing therate.0000/9999: weighted union wage rates will be published annuallyeach January.Non-Union IdentifiersClassifications listed under an "SU" identifier were derivedfrom survey data by computing average rates and are not unionrates; however, the data used in computing these rates mayinclude both union and non-union data. Example: SULA2004-0075/13/2010. SU indicates the rates are not union rates, LAindicates the State of Louisiana; 2004 is the year of thesurvey; and 007 is an internal number used in producing thewage determination. A 1993 or later date, 5/13/2010, indicatesthe classifications and rates under that identifier were issuedas a General Wage Determination on that date.Survey wage rates will remain in effect and will not changeuntil a new survey is conducted. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS1.) Has there been an initial decision in the matter? This canbe:* an existing published wage determination* a survey underlying a wage determination* a Wage and Hour Division letter setting forth a position on a wage determination matter* a conformance (additional classification and rate) rulingOn survey related matters, initial contact, including requestsfor summaries of surveys, should be with the Wage and HourRegional Office for the area in which the survey was conductedbecause those Regional Offices have responsibility for theDavis-Bacon survey program. If the response from this initialcontact is not satisfactory, then the process described in 2.)and 3.) should be followed.With regard to any other matter not yet ripe for the formalprocess described here, initial contact should be with theBranch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 202102.) If the answer to the question in 1.) is yes, then aninterested party (those affected by the action) can requestreview and reconsideration from the Wage and Hour Administrator(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210The request should be accompanied by a full statement of theinterested party's position and by any information (wagepayment data, project description, area practice material,etc.) that the requestor considers relevant to the issue.3.) If the decision of the Administrator is not favorable, aninterested party may appeal directly to the AdministrativeReview Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 202104.) All decisions by the Administrative Review Board are final.================================================================ END OF GENERAL DECISIONB. For work performed at the VAMC located at Perry Point, MD, General Decision Number MD120071, Modification #6 , dated 11/23/12 shall apply to all work performed under awarded contract.General Decision Number: MD120071 11/23/2012 MD71Superseded General Decision Number: MD20100127State: MarylandConstruction Type: BuildingCounty: Cecil County in Maryland.BUILDING CONSTRUCTION PROJECTS (does not include single familyhomes or apartments up to and including 4 stories).Modification Number Publication Date 0 01/06/2012 1 02/17/2012 2 04/06/2012 3 05/11/2012 4 06/15/2012 5 09/28/2012 6 11/23/2012 ASBE0024-007 10/01/2010 Rates FringesASBESTOS WORKER/HEAT & FROST INSULATOR........................$ 31.79 14.73 Includes the application of all insulating materials, protective coverings, coatings and finishes to all types of mechanical systems---------------------------------------------------------------- CARP0101-013 07/01/2011 Rates FringesCARPENTER (Drywall Hanging, Form Work, Metal Stud Installation and Scaffold Building Only)...................$ 24.84 11.00---------------------------------------------------------------- CARP0101-015 04/01/2011 Rates FringesMILLWRIGHT.......................$ 27.91 11.25---------------------------------------------------------------- CARP0101-016 07/01/2011 Rates FringesPILEDRIVERMAN....................$ 24.84 11.00---------------------------------------------------------------- ELEC0024-012 05/02/2012 Rates FringesELECTRICIAN (Including low voltage wiring for and installation of alarms; HVAC controls)........................$ 34.60 5.25%+13.45----------------------------------------------------------------* ELEC0024-013 06/03/2012 Rates FringesELECTRICIAN (Communication and Sound Equipment).............$ 24.63 11.62 PAID HOLIDAYS: New Year's Day, Memorial Day, Fourth of July, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Day----------------------------------------------------------------* ENGI0037-032 08/20/2010 Rates FringesOPERATOR: Backhoe...............$ 24.88 11.75+aOPERATOR: Bobcat/Skid Steer/Skid Loader................$ 22.93 11.75+aOPERATOR: Bulldozer.............$ 24.88 11.75+aOPERATOR: Excavator.............$ 24.88 11.75+aOPERATOR: Forklift..............$ 24.88 11.75+aOPERATOR: Gradall...............$ 24.88 11.75+aOPERATOR: Loader (Front End) 1 1/4 yards and over........$ 24.88 11.75+a 1 Yard and Under............$ 22.93 11.75+aOPERATOR: Paver (Asphalt, Aggregate, and Concrete).........$ 24.88 11.75+aOPERATOR: Roller excluding Asphalt..........................$ 19.30 11.75+a a. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day and Christmas Day.---------------------------------------------------------------- IRON0451-006 07/01/2009 Rates FringesIRONWORKER (Fence Erection, Ornamental, Reinforcing, Structural and Sheeter)..........$ 31.60 23.90---------------------------------------------------------------- LABO0710-004 04/01/2010 Rates FringesLABORER: Mason Tender - Cement/Concrete..................$ 16.61 5.41---------------------------------------------------------------- PAIN0051-024 06/01/2012 Rates FringesPAINTER Brush, Roller, Spray, Drywall Finisher/Taper and Paperhanger.................$ 24.14 8.91 Industrial..................$ 28.18 8.91---------------------------------------------------------------- PLAS0891-005 07/01/2011 Rates FringesPLASTERER........................$ 27.66 5.82---------------------------------------------------------------- PLAS0891-006 05/01/2010 Rates FringesCEMENT MASON/CONCRETE FINISHER...$ 27.15 9.58---------------------------------------------------------------- PLAS0891-008 08/01/2011 Rates FringesPLASTERER (Fireproofing Including Sprayer, Mixer, and Handler) Handler.....................$ 15.00 3.89 Mixer/Pump..................$ 17.00 3.89 Sprayer.....................$ 21.50 3.89---------------------------------------------------------------- PLUM0486-014 05/01/2011 Rates FringesPIPEFITTER (Including HVAC Pipe Installation)...............$ 35.585 15.43---------------------------------------------------------------- ROOF0030-033 08/01/2012 Rates FringesROOFER, Excludes Installation of Metal Roofs...................$ 24.39 8.48---------------------------------------------------------------- SFMD0669-001 04/01/2012 Rates FringesSPRINKLER FITTER (Fire Sprinklers)......................$ 30.53 17.47---------------------------------------------------------------- SHEE0100-026 07/01/2011 Rates FringesSHEET METAL WORKER, Includes HVAC Duct Installation (Excludes Metal Roof Installation)....................$ 29.88 15.73---------------------------------------------------------------- SUMD2010-081 04/30/2010 Rates FringesABATEMENT WORKER: ASBESTOS (Removal from Mechanical Systems).........................$ 12.60 3.91 BRICKLAYER (Excluding Pointing, Caulking and Cleaning)........................$ 23.88 5.86 CARPENTER (Acoustical Ceiling Installation Only)...............$ 16.00 2.60 CARPENTER, All other work........$ 20.05 4.00 ELEVATOR MECHANIC................$ 29.66 9.34 LABORER: Common or General......$ 15.00 2.37 LABORER: Grade Checker..........$ 16.00 2.90 LABORER: Landscape..............$ 10.00 0.00 LABORER: Mason Tender - Brick...$ 14.76 7.73 LABORER: Mason Tender - Stone...$ 14.03 0.00 LABORER: Mortar Mixer...........$ 16.61 9.08 LABORER: Pipelayer..............$ 14.78 3.96 LABORER: Mason Tender (For Pointing, Caulking and Cleaning)........................$ 12.93 0.00 MASON - STONE....................$ 29.82 10.05 OPERATOR: Asphalt Roller........$ 21.35 5.38 OPERATOR: Boom..................$ 21.44 8.29 OPERATOR: Crane.................$ 20.17 4.64 OPERATOR: Grader/Blade..........$ 16.75 5.79 PLUMBER..........................$ 27.73 10.01 POINTER, CAULKER, CLEANER, Includes pointing, caulking, cleaning of existing masonry, brick, stone and cement structures (restoration work); excludes pointing, caulking, cleaning of new or replacement masonry, brick, stone or cement...........................$ 19.75 0.00 SHEET METAL WORKER (Metal Roofs Installation)..............$ 20.71 6.23 TILE FINISHER....................$ 17.32 0.00 TILE SETTER......................$ 21.38 4.65 TRUCK DRIVER: Dump Truck........$ 15.40 1.96----------------------------------------------------------------WELDERS - Receive rate prescribed for craft performingoperation to which welding is incidental.================================================================ Unlisted classifications needed for work not included withinthe scope of the classifications listed may be added afteraward only as provided in the labor standards contract clauses(29CFR 5.5 (a) (1) (ii)).---------------------------------------------------------------- The body of each wage determination lists the classificationand wage rates that have been found to be prevailing for thecited type(s) of construction in the area covered by the wagedetermination. The classifications are listed in alphabeticalorder of "identifiers" that indicate whether the particularrate is union or non-union.Union IdentifiersAn identifier enclosed in dotted lines beginning withcharacters other than "SU" denotes that the unionclassification and rate have found to be prevailing for thatclassification. Example: PLUM0198-005 07/01/2011. Thefirst four letters , PLUM, indicate the international union andthe four-digit number, 0198, that follows indicates the localunion number or district council number where applicable ,i.e., Plumbers Local 0198. The next number, 005 in theexample, is an internal number used in processing the wagedetermination. The date, 07/01/2011, following thesecharacters is the effective date of the most currentnegotiated rate/collective bargaining agreement which would beJuly 1, 2011 in the above example.Union prevailing wage rates will be updated to reflect anychanges in the collective bargaining agreements governing therate.0000/9999: weighted union wage rates will be published annuallyeach January.Non-Union IdentifiersClassifications listed under an "SU" identifier were derivedfrom survey data by computing average rates and are not unionrates; however, the data used in computing these rates mayinclude both union and non-union data. Example: SULA2004-0075/13/2010. SU indicates the rates are not union rates, LAindicates the State of Louisiana; 2004 is the year of thesurvey; and 007 is an internal number used in producing thewage determination. A 1993 or later date, 5/13/2010, indicatesthe classifications and rates under that identifier were issuedas a General Wage Determination on that date.Survey wage rates will remain in effect and will not changeuntil a new survey is conducted. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS1.) Has there been an initial decision in the matter? This canbe:* an existing published wage determination* a survey underlying a wage determination* a Wage and Hour Division letter setting forth a position on a wage determination matter* a conformance (additional classification and rate) rulingOn survey related matters, initial contact, including requestsfor summaries of surveys, should be with the Wage and HourRegional Office for the area in which the survey was conductedbecause those Regional Offices have responsibility for theDavis-Bacon survey program. If the response from this initialcontact is not satisfactory, then the process described in 2.)and 3.) should be followed.With regard to any other matter not yet ripe for the formalprocess described here, initial contact should be with theBranch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 202102.) If the answer to the question in 1.) is yes, then aninterested party (those affected by the action) can requestreview and reconsideration from the Wage and Hour Administrator(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210The request should be accompanied by a full statement of theinterested party's position and by any information (wagepayment data, project description, area practice material,etc.) that the requestor considers relevant to the issue.3.) If the decision of the Administrator is not favorable, aninterested party may appeal directly to the AdministrativeReview Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 202104.) All decisions by the Administrative Review Board are final.================================================================ END OF GENERAL DECISIONSECTION 01 33 23SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES11.Refer to Articles titled SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FAR 52.23621) and, SPECIAL NOTES (VAAR 852.236-91), in GENERAL CONDITIONS.12.For the purposes of this contract, samples (including laboratory samples to be tested), test reports, certificates, and manufacturers' literature and data shall also be subject to the previously referenced requirements. The following text refers to all items collectively as SUBMITTALS.13.Submit for approval, all of the items specifically mentioned under the separate sections of the specification, with information sufficient to evidence full compliance with contract requirements. Materials, fabricated articles and the like to be installed in permanent work shall equal those of approved submittals. After an item has been approved, no change in brand or make will be permitted unless:A.Satisfactory written evidence is presented to, and approved by Contracting Officer, that manufacturer cannot make scheduled delivery of approved item or;B.Item delivered has been rejected and substitution of a suitable item is an urgent necessity or;C.Other conditions become apparent which indicates approval of such substitute item to be in best interest of the Government.14.Forward submittals in sufficient time to permit proper consideration and approval action by Government. Time submission to assure adequate lead time for procurement of contract required items. Delays attributable to untimely and rejected submittals (including any laboratory samples to be tested) will not serve as a basis for extending contract time for completion.15.Submittals will be reviewed for compliance with contract requirements by COTR, and action thereon will be taken by Contracting Officer’s Technical Representative (COTR) on behalf of the Contracting Officer.16.Upon receipt of submittals, COTR will assign a file number thereto. Contractor, in any subsequent correspondence, shall refer to this file and identification number to expedite replies relative to previously approved or disapproved submittals.17.The Government reserves the right to require additional submittals, whether or not particularly mentioned in this contract. If additional submittals beyond those required by the contract are furnished pursuant to request therefor by Contracting Officer, adjustment in contract price and time will be made in accordance with Articles titled CHANGES (FAR 52.2434) and CHANGES SUPPLEMENT (VAAR 852.23688) of the GENERAL CONDITIONS.18.Schedules called for in specifications and shown on shop drawings shall be submitted for use and information of Department of Veterans Affairs and COTR. However, the Contractor shall assume responsibility for coordinating and verifying schedules. The Contracting Officer and COTR assumes no responsibility for checking schedules or layout drawings for exact sizes, exact numbers and detailed positioning of items.19.Submittals must be submitted by Contractor only and shipped prepaid. Contracting Officer assumes no responsibility for checking quantities or exact numbers included in such submittals. A.Submit samples in single units unless otherwise specified. Submit shop drawings, schedules, manufacturers' literature and data, and certificates in quadruplicate, except where a greater number is specified.B.Submittals will receive consideration only when covered by a transmittal letter signed by Contractor. Letter shall be sent via first class mail and shall contain the list of items, name of Medical Center, name of Contractor, contract number, applicable specification paragraph numbers, applicable drawing numbers (and other information required for exact identification of location for each item), manufacturer and brand, ASTM or Federal Specification Number (if any) and such additional information as may be required by specifications for particular item being furnished. In addition, catalogs shall be marked to indicate specific items submitted for approval.1.A copy of letter must be enclosed with items, and any items received without identification letter will be considered "unclaimed goods" and held for a limited time only.2.Each sample, certificate, manufacturers' literature and data shall be labeled to indicate the name and location of the Medical Center, name of Contractor, manufacturer, brand, contract number and ASTM or Federal Specification Number as applicable and location(s) on project.3.Required certificates shall be signed by an authorized representative of manufacturer or supplier of material, and by Contractor. C.In addition to complying with the applicable requirements specified in preceding Article 1.9, samples which are required to have Laboratory Tests (those preceded by symbol "LT" under the separate sections of the specification shall be tested, at the expense of Contractor, in a commercial laboratory approved by Contracting Officer.1.Laboratory shall furnish Contracting Officer with a certificate stating that it is fully equipped and qualified to perform intended work, is fully acquainted with specification requirements and intended use of materials and is an independent establishment in no way connected with organization of Contractor or with manufacturer or supplier of materials to be tested.2.Certificates shall also set forth a list of comparable projects upon which laboratory has performed similar functions during past five years.3.Samples and laboratory tests shall be sent directly to approved commercial testing laboratory.4.Contractor shall forward a copy of transmittal letter to COTR simultaneously with submission to a commercial testing laboratory.5.Laboratory test reports shall be sent directly to COTR for appropriate action.6.Laboratory reports shall list contract specification test requirements and a comparative list of the laboratory test results. When tests show that the material meets specification requirements, the laboratory shall so certify on test report.7.Laboratory test reports shall also include a recommendation for approval or disapproval of tested item.D.If submittal samples have been disapproved, resubmit new samples as soon as possible after notification of disapproval. Such new samples shall be marked "Resubmitted Sample" in addition to containing other previously specified information required on label and in transmittal letter.E.Approved samples will be kept on file by the COTR at the site until completion of contract, at which time such samples will be delivered to Contractor as Contractor's property. Where noted in technical sections of specifications, approved samples in good condition may be used in their proper locations in contract work. At completion of contract, samples that are not approved will be returned to Contractor only upon request and at Contractor's expense. Such request should be made prior to completion of the contract. Disapproved samples that are not requested for return by Contractor will be discarded after completion of contract.F.Submittal drawings (shop, erection or setting drawings) and schedules, required for work of various trades, shall be checked before submission by technically qualified employees of Contractor for accuracy, completeness and compliance with contract requirements. These drawings and schedules shall be stamped and signed by Contractor certifying to such check.1.For each drawing required, submit one legible photographic paper or vellum reproducible.2.Reproducible shall be full size.3.Each drawing shall have marked thereon, proper descriptive title, including Medical Center location, project number, manufacturer's number, reference to contract drawing number, detail Section Number, and Specification Section Number.4.A space 120 mm by 125 mm (43/4 by 5 inches) shall be reserved on each drawing to accommodate approval or disapproval stamp.5.Submit drawings, ROLLED WITHIN A MAILING TUBE, fully protected for shipment.6.One reproducible print of approved or disapproved shop drawings will be forwarded to Contractor.7.When work is directly related and involves more than one trade, shop drawings shall be submitted to COTR under one cover.1-10.Samples (except laboratory samples), shop drawings, test reports, certificates and manufacturers' literature and data, shall be submitted for approval to the COTR. E N D SECTION 01 42 19REFERENCE STANDARDSPART 1 - GENERAL1.1 DESCRIPTIONThis section specifies the availability and source of references and standards specified in the project manual under paragraphs APPLICABLE PUBLICATIONS and/or shown on the drawings.1.2 AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS FPMR PART 101-29 (FAR?52.211-1) (AUG?1998)A.The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 and copies of specifications, standards, and commercial item descriptions cited in the solicitation may be obtained for a fee by submitting a request to – GSA Federal Supply Service, Specifications Section, Suite 8100, 470 East L’Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.B.If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision. Additional copies will be issued for a fee.1.3 AVAILABILITY FOR EXAMINATION OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM descriptions (FAR?52.211-4) (JUN?1988)The specifications and standards cited in this solicitation can be examined at the following location:DEPARMENT OF VETERANS AFFAIRSOffice of Construction & Facilities ManagementFacilities Quality Service (00CFM1A) 811 Vermont Avenue, NW - Room 462Washington, DC 20420Telephone Numbers: (202) 461-8217 or (202) 461-8292Between 9:00 AM - 3:00 PM1.4 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS (FAR?52.211-3) (JUN?1988)The specifications cited in this solicitation may be obtained from the associations or organizations listed below.AAAluminum Association Inc. Air Balance Council Architectural Manufacturer's Association Nursery and Landscape Association Association of State Highway and Transportation Officials Association of Textile Chemists and Colorists Conference of Governmental Industrial Hygienists Concrete Institute Concrete Pipe Association Concrete Pressure Pipe Association Diffusion Council Gas Association General Contractors of America Gear Manufacturers Association, Inc. of Home Appliance Manufacturers Institute of Steel Construction Iron and Steel Institute Institute of Timber Construction Movement and Control Association, Inc. Nursery & Landscape Association National Standards Institute, Inc. Engineered Wood Association and Refrigeration Institute Society of Agricultural Engineers Society of Civil Engineers Society of Heating, Refrigerating, andAir-Conditioning Engineers Society of Mechanical Engineers Society of Sanitary Engineering Society for Testing and Materials Woodwork Institute Welding Society Water Works Association Hardware Manufacturers Association Institute of America Air and Gas Institute Gas Association, Inc. Chlorine Institute, Inc. and Interior Systems Construction Association Iron Soil Pipe Institute Link Fence Manufacturers Institute Plant Manufacturers Bureau Redwood Association Reinforcing Steel Institute Technology Institute and Hardware Institute Generating Systems Association Electric Institute Protection Agency Testing Laboratories, Inc. Aviation Administration Communications Commission Forest Products Society Association of North America Mutual Insurance Association Services Administration Institute Plywood & Veneer Association Conference of Building Officials Cable Engineers Association Inc.\ICACInstitute of Clean Air Companies of Electrical and Electronics Engineers\IMSAInternational Municipal Signal Association Power Cable Engineers AssociationNBMAMetal Buildings Manufacturers Association Standardization Society of the Valve and Fittings Industry Inc. Association of Architectural Metal Manufacturers Contractors Association Bureau of StandardsSee - NISTNBBPVINational Board of Boiler and Pressure Vessel Inspectors Electric CodeSee - NFPA National Fire Protection AssociationNEMANational Electrical Manufacturers Association Fire Protection Association Hardwood Lumber Association Institute of Health Institute of Standards and Technology Lumber Manufacturers Association, Inc. Particleboard Association18928 Premiere CourtGaithersburg, MD 20879(301) 670-0604NSFNational Sanitation Foundation and Door Manufacturers Association Safety and Health AdministrationDepartment of Labor Cement Association Prestressed Concrete Institute Plastic Pipe Institute Enamel Institute, Inc. Institute Resilient Floor Covering Institute Inspection ServiceSee - CRARMARubber Manufacturers Association, Inc. Cypress Manufacturers Association Door Institute Glass Manufacturers Alliance Joist Institute Metal and Air-Conditioning ContractorsNational Association, Inc. Society for Protective Coatings Tank Institute Window Institute Council of America, Inc. Exchange Manufacturers Association Plate Institute, Inc.583 D'Onofrio Drive; Suite 200Madison, WI 53719(608) 833-5900UBCThe Uniform Building CodeSee ICBOULUnderwriters' Laboratories Incorporated' Laboratories of Canada Coast Lumber Inspection Bureau6980 SW Varns Road, P.O. Box 23145Portland, OR 97223(503) 639-0651WRCLAWestern Red Cedar Lumber AssociationP.O. Box 120786New Brighton, MN 55112(612) 633-4334WWPAWestern Wood Products Association - - E N D - - -SECTION 01 57 19TEMPORARY ENVIRONMENTAL CONTROLSEP1. DESCRIPTIONA.This section specifies the control of environmental pollution and damage that the Contractor must consider for air, water, and land resources. It includes management of visual aesthetics, noise, solid waste, radiant energy, and radioactive materials, as well as other pollutants and resources encountered or generated by the Contractor. The Contractor is obligated to consider specified control measures with the costs included within the various contract items of work.B.Environmental pollution and damage is defined as the presence of chemical, physical, or biological elements or agents which:1.Adversely effect human health or welfare,2.Unfavorably alter ecological balances of importance to human life,3.Effect other species of importance to humankind, or;4.Degrade the utility of the environment for aesthetic, cultural, and historical purposes.C.Definitions of Pollutants: 1.Chemical Waste: Petroleum products, bituminous materials, salts, acids, alkalis, herbicides, pesticides, organic chemicals, and inorganic wastes. 2.Debris: Combustible and noncombustible wastes, such as leaves, tree trimmings, ashes, and waste materials resulting from construction or maintenance and repair work. 3.Sediment: Soil and other debris that has been eroded and transported by runoff water.4.Solid Waste: Rubbish, debris, garbage, and other discarded solid materials resulting from industrial, commercial, and agricultural operations and from community activities.5.Surface Discharge: The term "Surface Discharge" implies that the water is discharged with possible sheeting action and subsequent soil erosion may occur. Waters that are surface discharged may terminate in drainage ditches, storm sewers, creeks, and/or "water of the United States" and would require a permit to discharge water from the governing agency.6.Rubbish: Combustible and noncombustible wastes such as paper, boxes, glass and crockery, metal and lumber scrap, tin cans, and bones.7.Sanitary Wastes: a.Sewage: Domestic sanitary sewage and human and animal waste. b.Garbage: Refuse and scraps resulting from preparation, cooking, dispensing, and consumption of food.EP2. QUALITY CONTROL A.Establish and maintain quality control for the environmental protection of all items set forth herein.B.Record on daily reports any problems in complying with laws, regulations, and ordinances. Note any corrective action taken.EP-3. REFERENCESA.The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by basic designation only.B.U.S. National Archives and Records Administration (NARA):33 CFR 328DefinitionsEP-4. SUBMITTALSA.In accordance with Section, 01 33 23, SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES, furnish the following: 1.Environmental Protection Plan: After the contract is awarded and prior to the commencement of the work, the Contractor shall meet with the Contracting Officer’s Technical Representative (COTR) to discuss the proposed Environmental Protection Plan and to develop mutual understanding relative to details of environmental protection. Not more than 20 days after the meeting, the Contractor shall prepare and submit to the COTR and the Contracting Officer for approval, a written and/or graphic Environmental Protection Plan including, but not limited to, the following:a.Name(s) of person(s) within the Contractor's organization who is (are) responsible for ensuring adherence to the Environmental Protection Plan.b.Name(s) and qualifications of person(s) responsible for manifesting hazardous waste to be removed from the site.C.Name(s) and qualifications of person(s) responsible for training the Contractor's environmental protection personnel.d.Description of the Contractor's environmental protection personnel training program.e.A list of Federal, State, and local laws, regulations, and permits concerning environmental protection, pollution control, noise control and abatement that are applicable to the Contractor's proposed operations and the requirements imposed by those laws, regulations, and permits.f.Methods for protection of features to be preserved within authorized work areas including trees, shrubs, vines, grasses, ground cover, landscape features, air and water quality, fish and wildlife, soil, historical, and archeological and cultural resources.g.Procedures to provide the environmental protection that comply with the applicable laws and regulations. Describe the procedures to correct pollution of the environment due to accident, natural causes, or failure to follow the procedures as described in the Environmental Protection Plan.h.Permits, licenses, and the location of the solid waste disposal area.i.Drawings showing locations of any proposed temporary excavations or embankments for haul roads, stream crossings, material storage areas, structures, sanitary facilities, and stockpiles of excess or spoil materials. Include as part of an Erosion Control Plan approved by the District Office of the U.S. Soil Conservation Service and the Department of Veterans Affairs.j.Environmental Monitoring Plans for the job site including land, water, air, and noise.k.Work Area Plan showing the proposed activity in each portion of the area and identifying the areas of limited use or nonuse. Plan should include measures for marking the limits of use areas. This plan may be incorporated within the Erosion Control Plan. B.Approval of the Contractor's Environmental Protection Plan will not relieve the Contractor of responsibility for adequate and continued control of pollutants and other environmental protection measures. EP5. PROTECTION OF ENVIRONMENTAL RESOURCESA.Protect environmental resources within the project boundaries and those affected outside the limits of permanent work during the entire period of this contract. Confine activities to areas defined by the specifications and drawings.B.Protection of Land Resources: Prior to construction, identify all land resources to be preserved within the work area. Do not remove, cut, deface, injure, or destroy land resources including trees, shrubs, vines, grasses, top soil, and land forms without permission from the COTR. Do not fasten or attach ropes, cables, or guys to trees for anchorage unless specifically authorized, or where special emergency use is permitted.1.Work Area Limits: Prior to any construction, mark the areas that require work to be performed under this contract. Mark or fence isolated areas within the general work area that are to be saved and protected. Protect monuments, works of art, and markers before construction operations begin. Convey to all personnel the purpose of marking and protecting all necessary objects.2.Protection of Landscape: Protect trees, shrubs, vines, grasses, land forms, and other landscape features shown on the drawings to be preserved by marking, fencing, or using any other approved techniques.a.Box and protect from damage existing trees and shrubs to remain on the construction site.b.Immediately repair all damage to existing trees and shrubs by trimming, cleaning, and painting with antiseptic tree paint. c.Do not store building materials or perform construction activities closer to existing trees or shrubs than the farthest extension of their limbs.3.Reduction of Exposure of Unprotected Erodible Soils: Plan and conduct earthwork to minimize the duration of exposure of unprotected soils. Clear areas in reasonably sized increments only as needed to use. Form earthwork to final grade as shown. Immediately protect side slopes and back slopes upon completion of rough grading.4.Temporary Protection of Disturbed Areas: Construct diversion ditches, benches, and berms to retard and divert runoff from the construction site to protected drainage areas approved under paragraph 208 of the Clean Water Act.a.Sediment Basins: Trap sediment from construction areas in temporary or permanent sediment basins. After each storm, pump the basins dry and remove the accumulated sediment. Control overflow/drainage with paved weirs or by vertical overflow pipes, draining from the surface.b.Institute effluent quality monitoring programs as required by Federal, State, and local environmental agencies.C.Protection of Water Resources: Keep construction activities under surveillance, management, and control to avoid pollution of surface and ground waters and sewer systems. Implement management techniques to control water pollution by the listed construction activities that are included in this contract.1.Washing and Curing Water: Do not allow wastewater directly derived from construction activities to enter water areas. Collect and place wastewater in retention ponds allowing the suspended material to settle, the pollutants to separate, or the water to evaporate. 2.Control movement of materials and equipment at stream crossings during construction to prevent violation of water pollution control standards of the Federal, State, or local government. 3.Monitor water areas affected by construction. D.Protection of Fish and Wildlife Resources: Keep construction activities under surveillance, management, and control to minimize interference with, disturbance of, or damage to fish and wildlife. Prior to beginning construction operations, list species that require specific attention along with measures for their protection. E.Protection of Air Resources: Keep construction activities under surveillance, management, and control to minimize pollution of air resources. Burning is not permitted on the job site. Keep activities, equipment, processes, and work operated or performed, in strict accordance with the State and Federal emission and performance laws and standards. Maintain ambient air quality standards set by the Environmental Protection Agency, for those construction operations and activities specified.1.Particulates: Control dust particles, aerosols, and gaseous by-products from all construction activities, processing, and preparation of materials (such as from asphaltic batch plants) at all times, including weekends, holidays, and hours when work is not in progress.2.Particulates Control: Maintain all excavations, stockpiles, haul roads, permanent and temporary access roads, plant sites, spoil areas, borrow areas, and all other work areas within or outside the project boundaries free from particulates which would cause a hazard or a nuisance. Sprinklering, chemical treatment of an approved type, light bituminous treatment, baghouse, scrubbers, electrostatic precipitators, or other methods are permitted to control particulates in the work area.3.Hydrocarbons and Carbon Monoxide: Control monoxide emissions from equipment to Federal and State allowable limits.4.Odors: Control odors of construction activities and prevent obnoxious odors from occurring.F.Reduction of Noise: Minimize noise using every action possible. Perform noise-producing work in less sensitive hours of the day or week as directed by the COTR. Maintain noise-produced work at or below the decibel levels and within the time periods specified. 1.Perform construction activities involving repetitive, high-level impact noise only as permitted by local ordinance or the COTR. Repetitive impact noise on the property shall not exceed the following dB limitations: Time Duration of Impact NoiseSound Level in dB More than 12 minutes in any hour70 Less than 30 seconds of any hour85 Less than three minutes of any hour80 Less than 12 minutes of any hour75 G.Restoration of Damaged Property: If any direct or indirect damage is done to public or private property resulting from any act, omission, neglect, or misconduct, the Contractor shall restore the damaged property to a condition equal to that existing before the damage at no additional cost to the Government. Repair, rebuild, or restore property as directed or make good such damage in an acceptable manner.H.Final Cleanup: On completion of project and after removal of all debris, rubbish, and temporary construction, Contractor shall leave the construction area in a clean condition satisfactory to the COTR. Cleaning shall include off the station disposal of all items and materials not required to be salvaged, as well as all debris and rubbish resulting from demolition and new work operations. E N D SECTION 01 74 19CONSTRUCTION WASTE MANAGEMENTPART 1 – GENERAL1.1 DESCRIPTIONA.This section specifies the requirements for the management of non-hazardous building construction and demolition waste.B.Waste disposal in landfills shall be minimized to the greatest extent possible. Of the inevitable waste that is generated, as much of the waste material as economically feasible shall be salvaged, recycled or reused.C.Contractor shall use all reasonable means to divert construction and demolition waste from landfills and incinerators, and facilitate their salvage and recycle not limited to the following:1.Waste Management Plan development and implementation.2.Techniques to minimize waste generation.3.Sorting and separating of waste materials.4.Salvage of existing materials and items for reuse or resale.5.Recycling of materials that cannot be reused or sold.D.At a minimum the following waste categories shall be diverted from landfills:1.Soil.2.Inerts (eg, concrete, masonry and asphalt).3.Clean dimensional wood and palette wood.4.Green waste (biodegradable landscaping materials).5.Engineered wood products (plywood, particle board and I-joists, etc).6.Metal products (eg, steel, wire, beverage containers, copper, etc).7.Cardboard, paper and packaging.8.Bitumen roofing materials.9.Plastics (eg, ABS, PVC).10.Carpet and/or pad.11.Gypsum board.12.Insulation.13.Paint.14.Fluorescent lamps.1.2 RELATED WORKA.Section 01 00 00, GENERAL REQUIREMENTS.1.3 QUALITY ASSURANCE A.Contractor shall practice efficient waste management when sizing, cutting and installing building products. Processes shall be employed to ensure the generation of as little waste as possible. Construction /Demolition waste includes products of the following:1.Excess or unusable construction materials.2.Packaging used for construction products.3.Poor planning and/or layout.4.Construction error.5.Over ordering.6.Weather damage.7.Contamination.8.Mishandling.9.Breakage.B.Establish and maintain the management of non-hazardous building construction and demolition waste set forth herein. Conduct a site assessment to estimate the types of materials that will be generated by demolition and construction.C.Contractor shall develop and implement procedures to reuse and recycle new materials to a minimum of 50 percent.D.Contractor shall be responsible for implementation of any special programs involving rebates or similar incentives related to recycling. Any revenues or savings obtained from salvage or recycling shall accrue to the contractor.E.Contractor shall provide all demolition, removal and legal disposal of materials. Contractor shall ensure that facilities used for recycling, reuse and disposal shall be permitted for the intended use to the extent required by local, state, federal regulations. The Whole Building Design Guide website provides a Construction Waste Management Database that contains information on companies that haul, collect, and process recyclable debris from construction projects.F.Contractor shall assign a specific area to facilitate separation of materials for reuse, salvage, recycling, and return. Such areas are to be kept neat and clean and clearly marked in order to avoid contamination or mixing of materials.G.Contractor shall provide on-site instructions and supervision of separation, handling, salvaging, recycling, reuse and return methods to be used by all parties during waste generating stages.H.Record on daily reports any problems in complying with laws, regulations and ordinances with corrective action taken.1.4 TERMINOLOGY A.Class III Landfill: A landfill that accepts non-hazardous resources such as household, commercial and industrial waste resulting from construction, remodeling, repair and demolition operations. B.Clean: Untreated and unpainted; uncontaminated with adhesives, oils, solvents, mastics and like products.C.Construction and Demolition Waste: Includes all non-hazardous resources resulting from construction, remodeling, alterations, repair and demolition operations.D.Dismantle: The process of parting out a building in such a way as to preserve the usefulness of its materials and components.E.Disposal: Acceptance of solid wastes at a legally operating facility for the purpose of land filling (includes Class III landfills and inert fills).F.Inert Backfill Site: A location, other than inert fill or other disposal facility, to which inert materials are taken for the purpose of filling an excavation, shoring or other soil engineering operation.G.Inert Fill: A facility that can legally accept inert waste, such as asphalt and concrete exclusively for the purpose of disposal.H.Inert Solids/Inert Waste: Non-liquid solid resources including, but not limited to, soil and concrete that does not contain hazardous waste or soluble pollutants at concentrations in excess of water-quality objectives established by a regional water board, and does not contain significant quantities of decomposable solid resources.I.Mixed Debris: Loads that include commingled recyclable and non-recyclable materials generated at the construction site.J.Mixed Debris Recycling Facility: A solid resource processing facility that accepts loads of mixed construction and demolition debris for the purpose of recovering re-usable and recyclable materials and disposing non-recyclable materials.K.Permitted Waste Hauler: A company that holds a valid permit to collect and transport solid wastes from individuals or businesses for the purpose of recycling or disposal.L.Recycling: The process of sorting, cleansing, treating, and reconstituting materials for the purpose of using the altered form in the manufacture of a new product. Recycling does not include burning, incinerating or thermally destroying solid waste.1.On-site Recycling – Materials that are sorted and processed on site for use in an altered state in the work, i.e. concrete crushed for use as a sub-base in paving.2.Off-site Recycling – Materials hauled to a location and used in an altered form in the manufacture of new products.M.Recycling Facility: An operation that can legally accept materials for the purpose of processing the materials into an altered form for the manufacture of new products. Depending on the types of materials accepted and operating procedures, a recycling facility may or may not be required to have a solid waste facilities permit or be regulated by the local enforcement agency.N.Reuse: Materials that are recovered for use in the same form, on-site or off-site.O.Return: To give back reusable items or unused products to vendors for credit.P.Salvage: To remove waste materials from the site for resale or re-use by a third party.Q.Source-Separated Materials: Materials that are sorted by type at the site for the purpose of reuse and recycling.R.Solid Waste: Materials that have been designated as non-recyclable and are discarded for the purposes of disposal.S.Transfer Station: A facility that can legally accept solid waste for the purpose of temporarily storing the materials for re-loading onto other trucks and transporting them to a landfill for disposal, or recovering some materials for re-use or recycling.1.5 SUBMITTALS A.In accordance with Section 01 33 23, SHOP DRAWINGS, PRODUCT DATA, and SAMPLES, furnish the following:B.Prepare and submit to the Contracting Officer’s Technical Representative (COTR) a written demolition debris management plan. The plan shall include, but not be limited to, the following information:1.Procedures to be used for debris management.2.Techniques to be used to minimize waste generation.3.Analysis of the estimated job site waste to be generated:a.List of each material and quantity to be salvaged, reused, recycled.b.List of each material and quantity proposed to be taken to a landfill.4.Detailed description of the Means/Methods to be used for material handling. a.On site: Material separation, storage, protection where applicable.b.Off site: Transportation means and destination. Include list of materials.1)Description of materials to be site-separated and self-hauled to designated facilities.2)Description of mixed materials to be collected by designated waste haulers and removed from the site.c.The names and locations of mixed debris reuse and recycling facilities or sites.d.The names and locations of trash disposal landfill facilities or sites.e.Documentation that the facilities or sites are approved to receive the materials.C.Designated Manager responsible for instructing personnel, supervising, documenting and administer over meetings relevant to the Waste Management Plan.D.Monthly summary of construction and demolition debris diversion and disposal, quantifying all materials generated at the work site and disposed of or diverted from disposal through recycling.1.6 APPLICABLE PUBLICATIONSAPublications listed below form a part of this specification to the extent referenced. Publications are referenced by the basic designation only. In the event that criteria requirements conflict, the most stringent requirements shall be met.B.U.S. Green Building Council (USGBC):LEED Green Building Rating System for New Construction1.7 RECORDSMaintain records to document the quantity of waste generated; the quantity of waste diverted through sale, reuse, or recycling; and the quantity of waste disposed by landfill or incineration. Records shall be kept in accordance with the LEED Reference Guide and LEED Template. PART 2 PRODUCTS 2.1 MATERIALSA.List of each material and quantity to be salvaged, recycled, reused.B.List of each material and quantity proposed to be taken to a landfill.C.Material tracking data: Receiving parties, dates removed, transportation costs, weight tickets, tipping fees, manifests, invoices, net total costs or savings.PART 3 EXECUTION3.1 COLLECTIONA.Provide all necessary containers, bins and storage areas to facilitate effective waste management.B.Clearly identify containers, bins and storage areas so that recyclable materials are separated from trash and can be transported to respective recycling facility for processing.C.Hazardous wastes shall be separated, stored, disposed of according to local, state, federal regulations.3.2 DISPOSAL A.Contractor shall be responsible for transporting and disposing of materials that cannot be delivered to a source-separated or mixed materials recycling facility to a transfer station or disposal facility that can accept the materials in accordance with state and federal regulations.B.Construction or demolition materials with no practical reuse or that cannot be salvaged or recycled shall be disposed of at a landfill or incinerator.3.3 REPORT A.With each application for progress payment, submit a summary of construction and demolition debris diversion and disposal including beginning and ending dates of period covered.B.Quantify all materials diverted from landfill disposal through salvage or recycling during the period with the receiving parties, dates removed, transportation costs, weight tickets, manifests, invoices. Include the net total costs or savings for each salvaged or recycled material.C.Quantify all materials disposed of during the period with the receiving parties, dates removed, transportation costs, weight tickets, tipping fees, manifests, invoices. Include the net total costs for each disposal.- - - E N D - - -ATTACHMENT APAST PERFORMANCE/EXPERIENCE FACTOR QUETIONNAIRESOLICITATION VA245-13-R-0024The following questionnaire shall be provided by the offeror with his or her proposal or by the client reference via email to the assigned contract specialist/contracting officer. Questionnaires shall be submitted by the exact date and time specified for receipt of offers in order to be considered for award. PART 1: Shall be completed by the prospective contractor prior to forwarding to prospective contractor's past performance reference.1. Prospective Contractor's Name and Address2. Prospective Contractor's Point of Contact with Name and Title3. Prospective Contractor's Telephone Number (with area code)4. Prospective Contractor's E-mail Address and/or facsimile Telephone Number5. Prospective Contractor's Client, Firm or Government Agency Reference Name and Address6. Prospective Contractor's Client, Firm or Government Agency Reference Telephone Number (with area code)7. Contract Number of the Work Performed by the Prospective Contractor for Client, Firm or Government Agency8. Contract Period of Performance (list original contract periods such base year and 3 option periods) 9. List Awarded Periods of Performance (such as base year and 2 option periods) PART 2: Shall be completed by Prospective Contractor's Client, Firm or Government Agency Reference.1. Name and Title of Reference2. Signature of Reference3. Date4. Name of Client, Firm or Government Agency Reference5. Telephone Number6. Facsimile Telephone Number7. Reference E-mail AddressFACTOR 2 = RATING DEFINITIONS:Outstanding: Substantial Confidence Based on the offeror’s recent/relevantperformance record, the Government has a high expectation that the offeror willsuccessfully perform the required effort.Acceptable: Satisfactory Confidence Based on the offeror’s recent/relevant performance record successfully perform the required effort.Marginal: Limited Confidence Based on the offeror’s recent/relevant performance record,the Government has a low expectation that the offeror will successfully perform the required effort.Unacceptable: No Confidence Based on the offeror’s recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.Neutral: Unknown Confidence (Neutral) No recent/relevant performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. QUALITY OF SERVICESEvidence of Compliance with Contract Requirements:Rate the contractor’s compliance with contract terms, conditions or requirements.□ (Outstanding)□ (Acceptable)□ (Marginal)□ (Unacceptable)□ (Neutral)Comments (Optional): Accuracy of Reports:Rate the contractor’s accuracy of the contractor reports.□ (Outstanding)□ (Acceptable)□ (Marginal)□ (Unacceptable)□ (Neutral)Comments (Optional):Technical Excellence: Rate the contractor’s contractor's technical ability.□ (Outstanding)□ (Acceptable)□ (Marginal)□ (Unacceptable)□ (Neutral)Comments (Optional):Quality Workmanship:Rate the contractor’s quality of workmanship.□ (Outstanding)□ (Acceptable)□ (Marginal)□ (Unacceptable)□ (Neutral)Comments (Optional):TIMELINESS OF SERVICETimeliness of Performance:Rate the contractor’s timeliness of performance.□ (Outstanding)□ (Acceptable)□ (Marginal)□ (Unacceptable)□ (Neutral)Comments (Optional):BUSINESS RELATIONS Effective Management:Rate the contractor’s on-site and off-site project management.□ (Outstanding)□ (Acceptable)□ (Marginal)□ (Unacceptable)□ (Neutral) Comments (Optional):Reasonable and Cooperative Behavior:Rate the contractor’s reasonable and cooperative behavior.□ (Outstanding)□ (Acceptable)□ (Marginal)□ (Unacceptable)□ (Neutral)Comments (Optional):Flexibility:Rate the Contractor’s Flexibility.□ (Outstanding)□ (Acceptable)□ (Marginal)□ (Unacceptable)□ (Neutral)Comments (Optional): Effective Conflict Resolutions:Rate the contractor’s ability to resolve conflict.□ (Outstanding)□ (Acceptable)□ (Marginal)□ (Unacceptable)□ (Neutral) Comments (Optional):Ability to Handle Government Requests for Change:Rate the contractor’s ability to response to changes.□ (Outstanding)□ (Acceptable)□ (Marginal)□ (Unacceptable)□ (Neutral) Comments (Optional): CONTRCTOR OVERALL RATING: Rate the contractor’s overall performance.□ (Outstanding)□ (Acceptable)□ (Marginal)□ (Unacceptable)□ (Neutral)Comments (Optional):ATTACHMENTSSee attached document: P01 ICRA Color 10-26-11.See attached document: REVISED VSC SECURITY REQUEST PACKET_FORMS ONLY_APRIL 2012.See attached document: PIV BADGE OFFICE LOCATIONS. ................
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