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, OFFER,AND 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 __04-27-2015_________ (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. 1149VA69D-15-R-0064 03-25-2015XTBD585-15-1-6997-0001Per task order0069DGreat Lakes Acquisition Center (GLAC)Department of Veterans Affairs115 S 84th Street, Suite 101Milwaukee WI 53214-1476Great Lakes Acquisition Center (GLAC)Department of Veterans Affairs115 S 84th Street, Suite 101Milwaukee WI 53214-1476Gerbensky, Jeffrey C.(414) 844-4881Description: Multiple, Firm-Fixed Price (FFP), Indefinite Delivery/Indefinite Quantity (IDIQ) constructioncontracts, for construction, maintenance, alterations, and repair of buildings and other real propertybelonging to the Oscar G. Johnson VA Medical Center in Iron Mountain, MI.The government estimates awarding a minimum of two (2) IDIQ contract awards, and shall reserve the right to makeadditional IDIQ awards to offerors whose proposals fully comply with submission instructions and offer the best value tothe government. The maximum NET value of all task orders and modifications issued to a single contractor under thisMATOC shall not exceed $20,000,000; the NET AGGREGATE VALUE of all task orders and modifications awarded under thisMATOC during the period of performance is $26,000,000.Period of performance for all contracts resulting from this solicitation shall be five (5) years from the date ofaward. All task orders are subject to FAR 52.232-18, Availability of FundsThe guaranteed minimum amount for each resultant award is $2,000 for the life of the contract.The MINIMUM ordering limit per task order is $2,000.The MAXIMUM ordering limit per task order is $2,000,000.This acquisition shall be a 100% set-aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSB) inaccordance with Public Law 109-461. IAW VA Acquisition Flash 12-20, Offerors must be Center for Veterans Enterprise(CVE) verified SDOVSB's at the time of offer.The NAICS code for this solicitation is 236220, General Construction. Small Business size standard is $36.5 Million.This acquisition features a "Seed Project" with a magnitude value between $100,000 and $250,000 per VAAR 836.204(f).The Seed Project is for evaluation purposes only and will not be awarded.A pre-proposal conference/site visit is scheduled as outlined on following pages (refer to Section 2.9/FAR 52.236-27)All vendors who intend to submit a proposal are strongly encouraged to attend.Seed Project bid documents are published as attachments to this solicitation at .per TOper TOXX52.211-10X10 316:30 CST X 90PART I - THE SCHEDULE 1SECTION A - SOLICITATION/CONTRACT FORM 134SF 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)(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 ATTACHED PRICE SCHEDULE ON ATTACHMENT 07a SEED ProjectBid Schedule & Bid Tabulation Form.X50069DGreat Lakes Acquisition Center (GLAC)Department of Veterans Affairs115 South 84th Street, Suite 101Milwaukee WI 53214-1476Department of Veterans AffairsFinancial Services CenterPO Box 149971(via internet)Austin TX 78714-9971Ricky BondContracting OfficerTable of Contents TOC \o &quot;1-4&quot; \f \h \z \u \x PART I - THE SCHEDULE PAGEREF _Toc415064630 \h 1SECTION A - SOLICITATION/CONTRACT FORM 134 PAGEREF _Toc415064631 \h 1SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair) PAGEREF _Toc415064632 \h 1INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS PAGEREF _Toc415064633 \h 9CONTRACTING OFFICER’S SPECIAL INSTRUCTIONS PAGEREF _Toc415064634 \h 10PART A - MATOC GENERAL STATEMENT OF WORK PAGEREF _Toc415064635 \h 111.CONTRACT ADMINISTRATION PAGEREF _Toc415064636 \h 112.ORDERING PROCEDURES PAGEREF _Toc415064637 \h 123.NOT APPLICABLE PAGEREF _Toc415064638 \h 134.NOT APPLICABLE PAGEREF _Toc415064639 \h 135.TASK ORDER ISSUANCE PAGEREF _Toc415064640 \h 136.MINIMUM AND MAXIMUM PROVISIONS PAGEREF _Toc415064641 \h 137.TASK ORDER COMPETITION PAGEREF _Toc415064642 \h 148.TASK ORDER EVALUATION METHOD AND PROCEDURES PAGEREF _Toc415064643 \h 149.TASK ORDER AWARD DECISION PAGEREF _Toc415064644 \h 1410.PROPOSAL CONTENTS AND PREPARATION COSTS PAGEREF _Toc415064645 \h 1411.REQUIREMENT FOR COST AND PRICING DATA PAGEREF _Toc415064646 \h 1512.PROTESTS PAGEREF _Toc415064647 \h 1513.OPTION FOR INCREASED QUANTITY ON TASK ORDERS PAGEREF _Toc415064648 \h 1514.TASK ORDER PERFORMANCE PERIOD PAGEREF _Toc415064649 \h 1515.PROPOSED KEY PERSONNEL AND SUBCONTRACTORS PAGEREF _Toc415064650 \h 1616.GENERAL WAGE DECISIONS PAGEREF _Toc415064651 \h 1617.EVALUATION OF CONTRACTOR PERFORMANCE PAGEREF _Toc415064652 \h 1618.NOT APPLICABLE PAGEREF _Toc415064653 \h 1619.NOT APPLICABLE PAGEREF _Toc415064654 \h 1620.CONTRACTING OFFICER'S REPRESENTATIVE PAGEREF _Toc415064655 \h 1621.PRE-CONSTRUCTION CONFERENCE PAGEREF _Toc415064656 \h 1722.PREPARATION OF PROGRESS SCHEDULE AND REPORTS PAGEREF _Toc415064657 \h 1723.SECURITY SUITABILITY PROGRAM PAGEREF _Toc415064658 \h 1724.CONTRACTOR PERSONNEL SECURITY REQUIREMENTS (MARCH 2011) PAGEREF _Toc415064659 \h 1725.SECURITY REQUIREMENTS (GENERAL) PAGEREF _Toc415064660 \h 2126.SITE VISITS PAGEREF _Toc415064661 \h 2227.PRE-AWARD SITE INSPECTIONS PAGEREF _Toc415064662 \h 2328.TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER PAGEREF _Toc415064663 \h 2329.PAPERLESS CONTRACTING PAGEREF _Toc415064664 \h 2330.TELEPHONE COMMUNICATIONS SECURITY MONITORING PAGEREF _Toc415064665 \h 2431.NOTICE OF CONSTRUCTIVE CHANGES PAGEREF _Toc415064666 \h 2432.OMBUDSMAN PAGEREF _Toc415064667 \h 2433.AMBIGUITY/CONTRACT INTERPRETATION PAGEREF _Toc415064668 \h 2434.INVOICING AND PAYMENT PAGEREF _Toc415064669 \h 2435.REGULATIONS PAGEREF _Toc415064670 \h PLIANCE WITH STATE AND FEDERAL LAWS AND REQUIREMENTS PAGEREF _Toc415064671 \h 2637.TRANSPORTATION, HANDLING AND STORAGE PAGEREF _Toc415064672 \h 2638.CLEANUP AND DISPOSAL OF DEBRIS AND FILL MATERIALS PAGEREF _Toc415064673 \h 2739.SHOP DRAWINGS AND SUBMITTALS PAGEREF _Toc415064674 \h 2740.MISCELLANEOUS CONTRACTOR REQUIREMENTS PAGEREF _Toc415064675 \h 2741.SUPERVISION PAGEREF _Toc415064676 \h 2842.SAFETY ASSURANCE PAGEREF _Toc415064677 \h 2843.CORRESPONDENCE PAGEREF _Toc415064678 \h 2944.SCHEDULING OF PRE-FINAL AND FINAL INSPECTIONS PAGEREF _Toc415064679 \h 2945.DEFAULT TECHNICAL SPECIFICATIONS PAGEREF _Toc415064680 \h 3046.GENERAL ENVIRONMENTAL CONSIDERATIONS PAGEREF _Toc415064681 \h 3047.OSHA REQUIREMENTS PAGEREF _Toc415064682 \h 3248.VA MEDICAL CENTER FIRE AND SAFETY POLICIES, PROCEDURES, AND REGULATIONS PAGEREF _Toc415064683 \h 3249.NOT USED PAGEREF _Toc415064684 \h 3650.SPECIFICATIONS AND DRAWINGS FOR CONTRACTOR PAGEREF _Toc415064685 \h 3651.FIRE SAFETY PAGEREF _Toc415064686 \h 3752.OPERATIONS AND STORAGE AREAS PAGEREF _Toc415064687 \h 3953.ALTERATIONS PAGEREF _Toc415064688 \h 4154.WASTE MANAGEMENT PLAN PAGEREF _Toc415064689 \h 4255.DISPOSAL AND RETENTION PAGEREF _Toc415064690 \h 4256.PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS PAGEREF _Toc415064691 \h 4357.RESTORATION PAGEREF _Toc415064692 \h 4358.AS-BUILT DRAWINGS PAGEREF _Toc415064693 \h 4459.USE OF ROADWAYS PAGEREF _Toc415064694 \h 4460.TEMPORARY USE OF MECHANICAL AND ELECTRICAL EQUIPMENT PAGEREF _Toc415064695 \h 4461.TEMPORARY USE OF EXISTING ELEVATORS PAGEREF _Toc415064696 \h 4562.TEMPORARY TOILETS PAGEREF _Toc415064697 \h 4563.AVAILABILITY AND USE OF UTILITY SERVICES PAGEREF _Toc415064698 \h 4564.TESTS PAGEREF _Toc415064699 \h 4565.INSTRUCTIONS PAGEREF _Toc415064700 \h 4566.WORK SCHEDULING PAGEREF _Toc415064701 \h 4667.ENTRY/ACCESS TO SITE PAGEREF _Toc415064702 \h 4768.LATENT DEFECTS PAGEREF _Toc415064703 \h 4869.INSPECTION OF SITE PAGEREF _Toc415064704 \h 4870.CORRELATION OF DRAWINGS, SPECIFICATIONS AND CONTRACTS PAGEREF _Toc415064705 \h 4871.REPORT OF ERROR AND DISCREPANCIES PAGEREF _Toc415064706 \h 4872.DIVISION OF WORK PAGEREF _Toc415064707 \h 4873.METHOD OF CARRYING ON THE WORK PAGEREF _Toc415064708 \h 4974.STANDARDS OF MANUFACTURE PAGEREF _Toc415064709 \h 4975.MEANING OF APPROVED, DIRECTED, AND/OR WORDS OF LIKE OR SIMILAR EFFECT PAGEREF _Toc415064710 \h 4976.MISPLACED MATERIALS PAGEREF _Toc415064711 \h 4977.MATERIAL TESTING BY NATIONAL LABORATORIES PAGEREF _Toc415064712 \h 5078.KEYS PAGEREF _Toc415064713 \h 5079.INFECTION CONTROL PAGEREF _Toc415064714 \h 5080.INSPECTIONS PAGEREF _Toc415064715 \h 5181.QUALITY CONTROL PAGEREF _Toc415064716 \h 5182.WARRANTY PAGEREF _Toc415064717 \h 5283.CUTTING AND REPAIRING PAGEREF _Toc415064718 \h 5284.SITE CLEAN UP PAGEREF _Toc415064719 \h 5285.LAYOUT AND GRADES PAGEREF _Toc415064720 \h 5386.REFUSE AND SALVAGE MATERIALS PAGEREF _Toc415064721 \h 5387.TEMPORARY FIELD OFFICES PAGEREF _Toc415064722 \h 5388.INTERIM LIFE SAFETY MEASURES PAGEREF _Toc415064723 \h 5489.EXCAVATING PERMITS PAGEREF _Toc415064724 \h PRESSED AIR PAGEREF _Toc415064725 \h 5591.WEATHER PROTECTION AND TEMPORARY HEATING PAGEREF _Toc415064726 \h 5592.BLOCKING-OFF STREETS PAGEREF _Toc415064727 \h 5593.ARCHEOLOGICAL, PALEONTOLOGICAL AND ENDANGERED SPECIES FINDS PAGEREF _Toc415064728 \h 5594.SPECIAL CONDITIONS PAGEREF _Toc415064729 \h MERCIALLY OWNED/OPERATED RADIOACTIVE SOURCES USED ON VA PROPERTY PAGEREF _Toc415064730 \h 5596.HAZARDOUS MATERIAL USAGE PAGEREF _Toc415064731 \h 5797.ENVIRONMENTAL IMPACT PAGEREF _Toc415064732 \h 6098.POLLUTION ABATEMENT PAGEREF _Toc415064733 \h 6099.WORK BY THE GOVERNMENT PAGEREF _Toc415064734 \h 61100.IDENTIFICATION OF VEHICLES AND PERSONNEL PAGEREF _Toc415064735 \h 61101.EQUIPMENT REPORT PAGEREF _Toc415064736 \h 61102.INDEMNIFICATION PAGEREF _Toc415064737 \h 61PART B – MATOC RFP PROPOSAL PREPARATION INSTRUCTIONS PAGEREF _Toc415064738 \h 621.PROPOSAL PREPARATION INSTRUCTIONS (MATOC) PAGEREF _Toc415064739 \h 622.SUBMISSION INSTRUCTIONS PAGEREF _Toc415064740 \h 623.PROPOSAL DUE DATE SCHEDULE PAGEREF _Toc415064741 \h 634.PROPOSAL FORMAT PAGEREF _Toc415064742 \h 635.PROPOSAL VOLUME CONTENTS PAGEREF _Toc415064743 \h 64PART C – EVALUATION FACTORS & BASIS FOR AWARD OF MATOC BASE CONTRACTS PAGEREF _Toc415064744 \h 681.BASIS FOR AWARD OF MATOC IDIQ BASE CONTRACTS PAGEREF _Toc415064745 \h 682EVALUATION FACTORS PAGEREF _Toc415064746 \h 692.1FACTOR 1 – PAST PERFORMANCE PAGEREF _Toc415064747 \h 692.2FACTOR 2 – QUALITY ANALYSIS PAGEREF _Toc415064748 \h 702.3FACTOR 3 - PRICE PAGEREF _Toc415064749 \h 702.4PRICE EVALUATION PAGEREF _Toc415064750 \h 703COMPETITIVE RANGE PAGEREF _Toc415064751 \h 714DISCUSSIONS PAGEREF _Toc415064752 \h 715FINAL PROPOSAL REVISIONS PAGEREF _Toc415064753 \h 716REJECTION OF UNREALISTIC OFFERS PAGEREF _Toc415064754 \h 717AWARD DECISION PAGEREF _Toc415064755 \h 718DEBRIEFINGS PAGEREF _Toc415064756 \h 72INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS PAGEREF _Toc415064757 \h 732.1 NOT APPLICABLE PAGEREF _Toc415064758 \h 732.2 NOT APPLICABLE PAGEREF _Toc415064759 \h 732.3 52.216-1 TYPE OF CONTRACT (APR 1984) PAGEREF _Toc415064760 \h 732.4 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) PAGEREF _Toc415064761 \h 732.5 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999) PAGEREF _Toc415064762 \h 732.6 52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2014) PAGEREF _Toc415064763 \h 742.7 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014) PAGEREF _Toc415064764 \h 782.8 52.225-11 BUY AMERICAN – CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014) PAGEREF _Toc415064765 \h 792.9 52.228-1 BID GUARANTEE (SEP 1996) PAGEREF _Toc415064766 \h 842.10 52.233-2 SERVICE OF PROTEST (SEP 2006) PAGEREF _Toc415064767 \h 852.11 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995) PAGEREF _Toc415064768 \h 852.12 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) PAGEREF _Toc415064769 \h 862.13 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) PAGEREF _Toc415064770 \h 862.14 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) PAGEREF _Toc415064771 \h 862.15 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998) PAGEREF _Toc415064772 \h 872.16 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) PAGEREF _Toc415064773 \h 872.17 PARTNERING PAGEREF _Toc415064774 \h 88REPRESENTATIONS AND CERTIFICATIONS PAGEREF _Toc415064775 \h 893.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) PAGEREF _Toc415064776 \h 893.2 52.209-5 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION)(MAR 2012) PAGEREF _Toc415064777 \h 923.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) PAGEREF _Toc415064778 \h 93GENERAL CONDITIONS PAGEREF _Toc415064779 \h 954.1 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) PAGEREF _Toc415064780 \h 954.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) PAGEREF _Toc415064781 \h 964.3 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997) PAGEREF _Toc415064782 \h 964.4 52.216-18 ORDERING (OCT 1995) PAGEREF _Toc415064783 \h 964.5 52.216-19 ORDER LIMITATIONS (OCT 1995) PAGEREF _Toc415064784 \h 974.6 52.216-22 INDEFINITE QUANTITY (OCT 1995) PAGEREF _Toc415064785 \h 974.7 52.219-13 NOTICE OF SET-ASIDE OF ORDERS (NOV 2011) PAGEREF _Toc415064786 \h 984.8 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) PAGEREF _Toc415064787 \h 984.9 52.222-30 CONSTRUCTION WAGE RATE REQUIREMENTS—PRICE ADJUSTMENT (NONE OR SEPARATELY SPECIFIED METHOD) (MAY 2014) PAGEREF _Toc415064788 \h 994.10 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) PAGEREF _Toc415064789 \h 1004.11 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014) PAGEREF _Toc415064790 \h 1014.12 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997) PAGEREF _Toc415064791 \h 1044.13 SUPPLEMENTAL INSURANCE REQUIREMENTS PAGEREF _Toc415064792 \h 1044.14 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997) ALTERNATE II (APR 1984) PAGEREF _Toc415064793 \h 1054.15 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) PAGEREF _Toc415064794 \h 1064.16 52.211-13 TIME EXTENSIONS (SEPT 2000) PAGEREF _Toc415064795 \h 1074.17 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) PAGEREF _Toc415064796 \h 1104.18 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992) PAGEREF _Toc415064797 \h 1104.19 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (JAN 2008) PAGEREF _Toc415064798 \h 1104.20 VAAR 852.211-73 BRAND NAME OR EQUAL (JAN 2008) PAGEREF _Toc415064799 \h 1104.21 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (DEC 2009) PAGEREF _Toc415064800 \h 1114.22 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011) PAGEREF _Toc415064801 \h 1134.23 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008) PAGEREF _Toc415064802 \h 1134.24 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) PAGEREF _Toc415064803 \h 1134.25 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (JUL 2002) PAGEREF _Toc415064804 \h 1154.26 NOT APPLICABLE PAGEREF _Toc415064805 \h 1154.27 VAAR 852.236-74 INSPECTION OF CONSTRUCTION (JUL 2002) PAGEREF _Toc415064806 \h 1154.28 VAAR 852.236-76 CORRESPONDENCE (APR 1984) PAGEREF _Toc415064807 \h 1154.29 VAAR 852.236-77 REFERENCE TO "STANDARDS" (JUL 2002) PAGEREF _Toc415064808 \h 1154.30 VAAR 852.236-78 GOVERNMENT SUPERVISION (APR 1984) PAGEREF _Toc415064809 \h 1164.31 VAAR 852.236-79 DAILY REPORT OF WORKERS AND MATERIAL (APR 1984) PAGEREF _Toc415064810 \h 1164.32 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 1984) ALTERNATE I (JUL 2002) PAGEREF _Toc415064811 \h 1164.33 VAAR 852.236-82 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS) (APR 1984) PAGEREF _Toc415064812 \h 1174.34 VAAR 852.236-84 SCHEDULE OF WORK PROGRESS (NOV 1984) PAGEREF _Toc415064813 \h 1204.35 VAAR 852.236-85 SUPPLEMENTARY LABOR STANDARDS PROVISIONS (APR 1984) PAGEREF _Toc415064814 \h 1204.36 VAAR 852.236-86 WORKER'S COMPENSATION (JAN 2008) PAGEREF _Toc415064815 \h 1214.37 VAAR 852.236-87 ACCIDENT PREVENTION (SEP 1993) PAGEREF _Toc415064816 \h 1214.38 VAAR 852.236-88 CONTRACT CHANGES--SUPPLEMENT (JUL 2002) PAGEREF _Toc415064817 \h 1214.39 VAAR 852.236-89 BUY AMERICAN ACT (JAN 2008) PAGEREF _Toc415064818 \h 1234.40 VAAR 852.236-90 RESTRICTION ON SUBMISSION AND USE OF EQUAL PRODUCTS (NOV 1986) PAGEREF _Toc415064819 \h 1244.41 VAAR 852.236-91 SPECIAL NOTES (JUL 2002) PAGEREF _Toc415064820 \h 1244.42 VAAR 852.246-74 SPECIAL WARRANTIES (JAN 2008) PAGEREF _Toc415064821 \h 1254.43 MANDATORY WRITTEN DISCLOSURES PAGEREF _Toc415064822 \h 1254.44 LIST OF ATTACHMENTS PAGEREF _Toc415064823 \h 125Solicitation Attachment 1 - Performance Relevancy Questionnaire PAGEREF _Toc415064824 \h 126Solicitation Attachment 2 - Past Performance Client Questionnaire PAGEREF _Toc415064825 \h 129Solicitation Attachment 3 - SUBCONTRACTOR INFORMATION AND CONSENT FORM PAGEREF _Toc415064826 \h 134Solicitation Attachment 4 - CONTRACTOR GENERAL INFORMATION PAGEREF _Toc415064827 \h 136Solicitation Attachment 5 - Financial Disclosure Questionnaire PAGEREF _Toc415064828 \h 137Solicitation Attachment 6 - Contractor Safety or Environmental Violation & Experience Modification Rating Information PAGEREF _Toc415064829 \h 138Solicitation Attachment 7a - BID SCHEDULE AND BID TABULATION FORM (MATOC “SEED” PROJECT) PAGEREF _Toc415064830 \h 140Solicitation Attachment 7b- Bid Documents (MATOC “SEED” PROJECT) PAGEREF _Toc415064831 \h 142Solicitation Attachment 7c- Davis Bacon Wage Rates (MATOC “SEED” PROJECT) PAGEREF _Toc415064832 \h 143Solicitation Attachment 8 - Contractor Surety Limitations PAGEREF _Toc415064833 \h 148INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS(a) Solicitation materials consisting of drawings, specifications and contract forms may be downloaded from the following publically accessible website: . Reference Solicitation VA69D-15-R-0064 when searching for project related documents. (b) A proposal guarantee (bid bond) is NOT required as the Seed Project will not be awarded under this solicitation. (c) For each task order awarded under an IDIQ Construction Base Contract that shall exceed $150,000 (see FAR 28.102-1 for lesser amount), the vendor 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: MUTIPLE AWARD TASK ORDER CONTRACT for the Oscar G. Johnson VA Medical Center in Iron Mountain, MICost Range for Seed Project 585-14-105 Renovate Building 4 Accessibility: $100,000 - $250,000.(End of Clause)CONTRACTING OFFICER’S SPECIAL INSTRUCTIONSRequests for information or clarifications to solicitation documents shall be submitted to the Contract Specialist at Jeffrey.Gerbensky@ for action no later the date indicated on Page 1 of the SF-1442 form. After compiling all required information, submit the information in accordance with the "Offer Due Date" in Block 13 of the SF 1442. Return the original and specified number of copies to the issuing office listed in Block 8 of the SF 1442.INQUIRIES:Inquiries and all correspondence concerning this solicitation document should be submitted in writing to the Contract Specialist. YOU ARE INSTRUCTED SPECIFICALLY TO CONTACT ONLY THE CONTRACT SPECIALIST ISSUING THE SOLICITATION ABOUT ANY ASPECT OF THIS REQUIREMENT PRIOR TO CONTRACT AWARD. CONTRACTOR'S SIGNATURE:In accordance with Federal Acquisition Regulations Part 4, contractual documents (e.g. bids, proposals, awards, modifications, etc.) shall be completed and signed by the Contractor as follows:(a) Individuals. Signed by the individual.(b) Individual doing business as a firm. Signed by that individual, and the signature shall be followed by the individual's typed, stamped, or printed name and the words, "an individual doing business as __________________ (insert name of firm)".(c) Partnership. Signed in the partnership name. Prior to award, provide list of all partners and designate which partners have authority to bind the partnership.(d) Corporations. Signed in the corporate name followed by the word "by" and the signature, and title of the person authorized to sign. Prior to award, provide list of individuals who have authority to bind the corporation.(e) Joint Ventures. Signed by each participant in the joint venture in the manner prescribed in (a) through (d) above.(f) Agents. When an agent is to sign the contract, other than as stated in paragraph (a) through (e) above, the agent's authorization to bind the principal must be established by evidence satisfactory to the contracting officer.PART A - MATOC GENERAL STATEMENT OF WORKGeneral project descriptions and specifications shall be derived from the statement of work (SOW) of each individual Task Order (TO) that is issued to execute a construction project. The work may consist of multiple disciplines of construction, and shall include but not be limited to the following categories of work: construction, repair and alteration of facilities, interior and exterior renovations, heating and air-conditioning, HVAC controls, plumbing, fire suppression, interior and exterior electrical and lighting, fire and intrusion alarms, communications, limited utilities, site-work, landscaping, fencing, masonry, roofing, concrete, asphalt paving, painting, storm drainage, limited environmental remediation, concrete and asphalt paving, demolition of facilities, construction of new facilities, and other construction-related work.North American Industry Classification System (NAICS) code applicable to this procurement is NAICS 236220 - Commercial and Institutional Building Construction. The NAICS small business size standard for MATOC contractors shall be $36.5 Million.SPECIAL CONTRACT REQUIREMENTSCONTRACT ADMINISTRATIONThe office having administrative jurisdiction over the MATOC and subsequently issued task orders shall be:Department of Veterans AffairsNetwork Contracting Office 12115 S. 84th Street, Suite 101Milwaukee, WI 53214-1476Only a warranted Contracting Officer, acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of the MATOC and subsequently issued task orders. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of the MATOC or subsequently issued task orders, the contractor is hereby directed NOT to proceed with the change and immediately notify the Contracting Officer.No deviations or waivers to the MATOC or subsequently issued task orders shall be effected without a modification executed by a Contracting Officer, authorizing such changes, deviations, or waivers.Each contract awarded under this MATOC will be assigned a base contract number. Enumeration of task orders hereafter referred to as an “order”, “task order” or “orders”, will consist of a sequential numbering system comprised of the base contract number and the corresponding task order number.For accounting and appropriation data purposes, each task order shall be individually funded.All correspondence and data submitted by contractors under the base contracts established under the MATOC must reference the base contract number, task order number, project title, and project number (if applicable).Invoicing and request for payments must be made utilizing the Invoice Payment Processing System (IPPS).ORDERING PROCEDURESA Task Order Request for Proposal (TO-RFP) hereafter referred to as an “RFP” or “RFPs”, shall be issued to MATOC contractors when construction services are required.Contractors shall be provided a task order solicitation package including items such as a Statement of Work (SOW), plans and specifications, pertinent supplemental specifications, construction drawings, and any other requirements (e.g. proposal requirements, price schedule, etc.) needed for adequate proposal submission. The Government may provide these items as electronic media, such as web postings, e-mail or CD ROM at its option. All further reproduction of the SOW, specifications, and drawings shall be solely at the Contractor's expense.Contractors shall be required to furnish all project management, planning, estimating, labor, transportation, materials, equipment, tools, supervision and all other associated costs necessary to fulfill the requirement specified in each RFP order. Proposals shall include at a minimum all labor wages, management, supervision, mobilization, material and equipment costs, and any costs associated with construction.Performance and payment bonds may be applicable to task orders. Refer to FAR 52.228-15 (OCT 2010) for details.NOT APPLICABLENOT APPLICABLETASK ORDER ISSUANCETask orders shall be issued using the Standard Form (SF) 1442, or other authorized VA forms where appropriate. Orders may be issued electronically via e-mail, regular mail, telephone, facsimile, or other authorized electronic means.All orders issued from the MATOC basic contract shall be Firm-Fixed-Price (FFP) and individually funded.The government shall provide each awardee a fair opportunity to be considered for each order issued under this MATOC solicitation exceeding $3,000. Exclusions to this fair opportunity are per statutory exceptions as noted below: The VA’s need for the listed work is so urgent that providing a fair opportunity would result in unacceptable delays.Only one awardee is capable of providing the necessary work at the level of quality required because the work is unique or highly specialized.The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided all awardees were given a fair opportunity to be considered on the original order, orIt is necessary to place an order to be considered for the original order. The VA reserves the right to issue orders non-competitively for projects involving exigent or extraordinary circumstances that threaten patient safety, or which may be necessary to mitigate damage to VA facilities or other real property. Orders may also be issued non-competitively in order to satisfy the minimum guarantee. Non-competitive awards will be in compliance with federal laws and regulations.MINIMUM AND MAXIMUM PROVISIONSThe MINIMUM guarantee for each recipient of a MATOC base contract award shall be $2,000.00 for the 5-year life of the contract. The minimum guarantee shall be considered satisfied upon award of the base contract and the contractor completion of mandatory submittal requirements of a quality assurance and safety plan that shall apply against all task orders.The MAXIMUM contract value of any contract awarded against this MATOC shall not exceed $20 Million; the net aggregate value of funding for all task orders and modifications issued against the MATOC acquisition shall not exceed $26 Million.The MINIMUM and MAXIMUM per task order shall be $2,000 and $2 Million respectively. The $2 Million maximum does NOT include in-scope modifications issued directly against a task order. TASK ORDER COMPETITIONMATOC contractors shall be provided fair opportunity to compete for task orders unless the following FAR 16.505(b)(2) exceptions apply:The agency’s need for the services or supplies is of such urgency that providing such opportunity to all such contractors would result in unacceptable delays;Only one such contractor is capable of providing the services or supplies at the level of quality required because the services or supplies ordered are unique or highly specialized; orThe task order should be issued on a sole-source basis in the interest of economy or efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order; orIt is necessary to place an order to be considered for the original order. If the Contractor believes it was not fairly considered for a particular order, the Contractor may present the matter to the Contracting Officer. The Contractor may appeal the explanation or Contracting Officer’s decision to the corresponding Ombudsman for the agency, or region. The Ombudsman will review the Contractor’s complaint, and in coordination with the Contracting Officer, ensure that the Contractor was afforded a fair opportunity to be considered a Task order.Non-competitive awards will be in compliance with federal laws and regulations.TASK ORDER EVALUATION METHOD AND PROCEDURESEach individual task order RFP will describe the criteria the CO shall utilize for evaluation of proposals.In making a decision on the award of an individual order, a CO may consider factors such as Past Performance on previously awarded orders under the MATOC, and take into consideration, quality and timeliness of work performed, and/or other factors that may be relevant to the award of a particular order.TASK ORDER AWARD DECISIONTo the maximum extent practicable, award of task orders shall be made without discussions.Contracting Officers reserve the right to limit the number of proposals received in response to an order RFP to the greatest number that will permit an efficient competition among the most highly-rated proposals.PROPOSAL CONTENTS AND PREPARATION COSTSProposal contents shall be stated within the specific task order RFP.Costs for preparation of proposals and pre-award activities shall be the sole responsibility of the contractor. Contractors will not be reimbursed for attendance during negotiations, site visits, walk-throughs or any other TO pre-award activities.REQUIREMENT FOR COST AND PRICING DATAIn accordance with 10 U.S.C. 2306(a) and 41 U.S.C 254(b), unless an exception applies, or a waiver has been granted, cost or pricing data is required at the threshold contained in FAR 15.403-4 (currently $700,000). This requirement applies to individual task orders and modifications.Contractors shall submit to the contracting officer the following in support of any proposal:Cost or pricing data in the format designated by the Contracting Officer.General contractor or appropriate subcontractor tier cost or pricing data in the format designated by the Contracting Officer.A certificate of current cost or pricing data, in the format specified in FAR 15.406-2 certifying that to the best of its knowledge and belief, the cost or pricing data were accurate, complete, and current as of the date of agreement on price or, if applicable, an earlier date agreed upon between the parties that is as close as practicable to the date of agreement on price.PROTESTSIn accordance with FAR 16.505(a)(10), NO protest shall be authorized in connection with the issuance or proposed issuance of an order under task-order Contract, except for a protest on the grounds that the order increases the scope, period, or maximum value of the contract.FAR 33.1 defines a “Protest” as written objection by an interested party to any of the following:A solicitation or other request by an agency for offers for a contract for the procurement of property or services.The cancellation of the solicitation or other request.An award or proposed award of the contract.A termination or cancellation of an award of the contract, if the written objection contains an allegation that the termination or cancellation is based in whole or in part on improprieties concerning the award of the contract.OPTION FOR INCREASED QUANTITY ON TASK ORDERSThe Government may elect to make certain tasks option items. In this case, the Government may increase the quantity of work awarded on individual orders by unilaterally exercising option item(s) within the period specified in the order.In the event the option is not exercised within the time period specified in the order, the parties may agree via a bi-lateral agreement to the option(s) provided that the exercising of said option(s) will not increase the contract performance period.Any option herein shall be considered to have been exercised at the time the Government deposits written notification to the Contractor in the mail, provides by facsimile, or electronic mail.TASK ORDER PERFORMANCE PERIODTask Order Period of Performance (POP) shall be determined at the individual order level.Contracting Officers reserve the right to negotiate for accelerated performance periods at the individual task order level.PROPOSED KEY PERSONNEL AND SUBCONTRACTORSThe Contractor shall obtain the Contracting Officer's written consent before making any substitutions of proposed key personnel, replacement key personnel, and sub-contractors.GENERAL WAGE DECISIONSApplicable Davis-Bacon wage rates will be identified for all Task Orders issued under a MATOC, and shall be current at the time of task order award.Contractors are hereby given notice, and bear the sole responsibility of utilizing the most current Wage Determinations when submitting proposals for evaluation. Current Wage Determinations may be found online at OF CONTRACTOR PERFORMANCEContractor performance shall be evaluated annually for each Task Order that is awarded for a net value greater than $650,000 at CPARS/PPIRS (); at the discretion of the Contracting Officer’s discretion Contractor performance may be completed for Task Orders less than $650,000.Interim evaluations may be prepared at any time during contract performance when it is determined to be in the best interest of the Government.Evaluations maybe processed through the CPARS (Contractor Performance Assessment Reporting System), Past Performance Information Retrieval System [PPIRS], and/or Federal Awardee Performance and Integrity Information System [FAPIIS]).Contractors are required to designate a point of contact (POC) to receive notification of performance evaluations for the MATOC and subsequently issued task orders. The POC must maintain a current email address on file with the Contracting Officer. Contracting Officers must be notified of any changes to the POC.NOT APPLICABLE NOT APPLICABLE CONTRACTING OFFICER'S REPRESENTATIVEContracting Officers shall appoint Contracting Officer’s Representative (COR) to provide technical oversight and administration of individual task orders. All matters concerning the MATOC or resulting task orders, however, shall remain under the authority of the Contracting Officer.The Contracting Officer is the only person authorized to commit the Government to a contract action. Only Contracting Officers with appropriate warrant levels have the authority to modify the term and conditions of the MATOC, and/or subsequently issued task orders.The Contract Specialist shall handle day-to-day contractual coordination and management duties.A list of the names and telephone numbers of the Government team comprising the Contracting Officer, Contract Specialist and Contracting Officer’s Representative (COR) shall be provided at the post award conference and pre-construction conference when appropriate.PRE-CONSTRUCTION CONFERENCEPrior to starting work under a task order, contractors and subcontractors shall meet with the Contracting Officer, Contract Specialist and Contracting Officer’s Representative (COR) to discuss and establish expectations regarding overall project oversight, schedule requirements and expected contractor performance.PREPARATION OF PROGRESS SCHEDULE AND REPORTSSpecific details regarding progress schedules and related reports shall be addressed at the task order level.SECURITY SUITABILITY PROGRAMContractors shall comply with VA Directive 0710, VA Handbook 0710, and all security regulations imposed by the Facility Director, VA Police and/or agency occupying the space where work is to be performed. Any necessary security clearances shall be obtained prior to commencement of work on a case-by-case basis per individual task order.All contractor employees are subject to the same level of investigation as VA employees who have access to VA Sensitive Information. The level of background investigation commensurate with the level of access needed to perform work is the NACI (National Agency Check with Written Inquiries). This requirement is applicable to all subcontractor personnel requiring the same access on a case-by-case basis per individual task order.Contractors shall bear the expense of obtaining background investigations. If the investigation is conducted by the Office of Personnel Management (OPM) through the VA, the contractor shall reimburse the VA within 30 days.In accordance with VA Acquisition Security Requirements, all appropriate personnel security clauses shall be incorporated into the MATOC, and will be applicable to all subsequently issued task orders.CONTRACTOR PERSONNEL SECURITY REQUIREMENTS (MARCH 2011)On a case-by-case basis per individual task order security requirements, when appropriate, all key personnel shall be subject to the appropriate type of background investigation or screening per VA/VHA directive 0710 and must receive a favorable adjudication from NCO 12 Personnel Security Specialist or VA Security and Investigations Center (SIC) depending on investigation or screening required. This requirement also applies to all subcontractor personnel. If the investigation or screening is not completed prior to the start date of the contract, the Contractor will be responsible for the actions of those individuals they provide to perform work for VA.Contract personnel who previously received a favorable adjudication as a result of a Government background investigation or screening may be exempt from this contract requirement. They must provide documentation to support the previous adjudication. Proof of previous adjudication must be submitted by the Contractor to the VA Contracting Officer. Proof of previous adjudication is subject to verification. Some positions maybe subject to periodic re-investigation/screening.Position Risk/Sensitivity – For all positions required under this contract, the position risk/sensitivity has been designated as: Low RiskBackground Investigation/Screening – It is anticipated that the Contractor or contract personnel will be providing services at a VA facility(s) for MORE than 180 days under a single task order or series of task orders, or have access to VA computer data systems. The background investigation/screening commensurate with the requirements of this type of task order shall be: NACI.CONTRACTOR RESPONSIBILITIESThe Contractor shall prescreen all personnel to ensure they are able to read, write, speak, and understand the English language.The Contractor shall submit or have their contract personnel submit all required forms to the Contracting Officer, through the COR or Personnel Security Specialist, within five (5) business days of task order award.Low Risk Investigative RequirementsAll investigations must be completed through the Electronic Questionnaires for Investigations Process (e-QIP). All contractors must complete the Authorization for Investigation Worksheet before they can complete the online e-QIP.Optional Form 306, Declaration for Federal Employment provided by VA point of contact.Electronic Fingerprint Verification or FD 258, U.S. Department of Justice Fingerprint Applicant Chart.Once the items requested are completed, the Contractor is authorized to provide services under the task order. As previously stated, if the investigation or screening is not completed prior to the start date of the task order, the Contractor will be responsible for the actions of those individuals they provide to perform work for VA.The Contractor, when notified of an unfavorable determination by the Government, shall withdraw the contract person from consideration of working under the individual task order.Failure to comply with these Contractor Personnel Security requirements may result in termination of the contract for ERNMENT RESPONSIBILITIESVA Contracting Officers will ensure a time for contract personnel to complete the fingerprint portion of this requirement, if any, and the COR will responsible for performing any duties assigned by the VA Contracting Officer with regard to fulfilling the Contractor personnel security requirements described herein.Upon receipt, the local VA facility or VA SIC, depending on the type of investigation/screening required, will review the accuracy of the items requested in paragraph above, and forward these items to OPM to conduct their portion of the background investigation or screening, as applicable.The requesting VA facility will pay for any portion of the investigation or screening conducted by OPM, if any.Depending on the type of investigation/screening required, the Personnel Security Specialist, or VA SIC will notify the VA Contracting Officer of the adjudicating results of the background investigation or screening.The VA Contracting Officer and Personnel Security Specialist will ensure that the required investigations or screening have been completed or are in the process of being requested.PERSONNEL IDENTITY VERIFICATION (PIV) OF CONTRACTOR PERSONNELIn accordance with FAR 52.204-9 and VA Directive 0735 – Personal Identity Verification of Federal Employees and Contractors, any contract person who requires routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system will be required to verify their identity prior to providing services under the contract. Prior to providing services under the contract, each contract person will be asked to provide two (2) forms of identification from the Accepted Identification Documentation List to the appropriate VA representative in order to obtain a proper VA-issued identification card. See the Accepted Identification Documentation List provided below. The COTR, or designee, will be responsible for sponsoring each contract person that requires a VA-issued identification card.PIV ID PROOFING CRITERIAThe following criteria must be met by all VA employees, contractors, and affiliates prior to being issued a PIV card or Temporary Identity Badge.Table of Accepted Identification (From Form I-9) Last Update: January 7, 2008Two forms of identification are required from the above list of acceptable documents. Either of the following is accepted:Two forms of identification from the left column (Federal or State Government issued picture ID).One form of identification from the left column (Federal or State Government issued picture ID) and one form from the right column (Non-Picture ID or Acceptable Picture ID not issued by Federal or State Government).The following rules apply for form identification:Any form of identification used for ID proofing may not be expired (except U.S. Passport).Department of Veterans Affairs site/facility badges are not accepted as a valid form of identification.VA PIV Cards are federally issued ID cards and can be used as a valid form of identification.Handwritten or photocopied documents are not accepted.An ID issued before a legal name change (e.g. birth certificate or driver's license) can be presented as one form of ID if a legal document (e.g. marriage certificate/license or a court order) is also presented linking the previous name to the current legal name. The linking document has to display both the former and current legal names. Both documents must be valid and not expired (except U.S Passport). For example, a married woman may use both a certified copy of her birth certificate displaying her maiden name and a driver’s license displaying her married name as the 2 forms of ID compliant with PIV Guidelines, as long as she provides a marriage license displaying both her maiden name and married name.The Applicant’s name listed on the VA PIV Registration Portal, Request for One-VA Identification Card, must match the name on one of the IDs presented by the Applicant.The names on both forms of ID presented for ID proofing must match exactly. If one form of ID has a middle name or initial, the other form of ID must have a matching middle name or initial. One form can contain a middle name and the other can contain a middle initial as long as they match. ALL names must be accounted for on both forms of ID. Please see the acceptable and unacceptable ID proofing examples provided below.ACCEPTABLE NAME VARIATIONSID # 1 – John Henry Smith; ID # 2 – John Henry Smith ID # 1 – John H. Smith; ID # 2 – John H. SmithID # 1 – John Henry Smith; ID # 2 – John H. Smith UNACCEPTABLE NAME VARIATIONSID # 1 – John Henry Smith; ID # 2 – John Smith ID # 1 – John H. Smith; ID # 2 – John SmithACCESS TO AND SAFEGUARD OF VA INFORMATION/COMPUTER SYSTEMSVA may provide contract personnel with access to VISTA and general files maintained on VA computer systems. Sharing of these access codes or misuse of VA information/computer systems is a Federal crime. When contract personnel no longer provides services to VA, the Contractor shall immediately inform the COR to deactivated their access. The COR is responsible for puter access will require VA Cyber Security Awareness Training annually and acknowledge all agreements prior to access. (See attachment for security requirements). The COR is responsible for ensuring and documenting this requirement.Contract personnel with Computer access will take necessary precautions to safeguard information and prevent disclosures. If contract personnel suspect a compromised they will report such knowledge to the COR that same day.Remotely access will require prior approval from Information Security Officer (ISO).The Contractor shall make its internal policies and practices regarding the safeguarding medical electronic information available to VA. Contractors are not authorized to employ a lesser requirement then what is established by this document.Any changes in the VA directives during the term of this contract shall be deemed to be incorporated into this contract.SECURITY REQUIREMENTS (GENERAL)All personnel employed by the contractor in the performance of task orders issued under this contract, or any representative of the contractor shall abide by all security instructions and directives of the Department of Veterans Affairs. Employees are responsible for safeguarding all government property provided for contractor use.At the close for each work period, government facilities, equipment and materials shall be secured, lights, and all doors and window secured.The contractor and, as applicable, subcontractor shall not employ persons for work on this contract if such employee is identified as a potential threat to the health, safety, security, general well- being or operational mission of the station/campus and its population, nor shall the contractor or subcontractor employ persons under this contract who have an outstanding criminal warrant as identified during background checks.Contractors shall ensure their employees and those of their subcontracts have the proper credentials allowing them to work in the United States. Employees and subcontractors later found to be undocumented or illegal aliens will be remanded to the proper authorities.The contractor shall not be entitled to any compensation for delays or expenses associated with complying with the provisions of this clause. Furthermore, nothing in this clause shall excuse the contractor from proceeding with the contract as required.All contractors and subcontractors when working in a Controlled, Restricted or other sensitive areas must be escorted at all times. The military agency or unit responsible for the project or work is responsible for providing the escorts. The Contractor shall follow existing procedures and instructions for obtaining entrance to restricted or controlled areas.Contractor Badge Policies: All requests for contractor ID badges will be submitted through the station Police/Security office.All contactor employees who’ll be granted unescorted access to the station/campus are required to consent to a Background Investigation (BI) prior to being granted access to the station/campus. Continued employment is contingent upon successful completion and favorable reporting of the criminal background check.Contractor badges will be issued for a maximum period of one year. Prior to reissuing new badges, all old badges must be returned to the station Security/Police. Also before a new badge will be issued, VA Security/Police must give approval again. In the event a badge is lost or stolen, the badge holder must report the Loss/Theft of Identification to his/her supervisor. The supervisor of the contractor will investigate the loss and report in writing the circumstances in which the badge was lost and submit a new request for a new ID badge.Station/campus Access: The contractor shall obtain personal contractor identification badge for all employees for the duration of the contract. Employees are only permitted to enter the station/campus during the date and time periods indicted on their contractor ID badge.Vehicle registration, proof of insurance and a valid driver’s license must be presented for all vehicles while operating on the station/campus. All vehicles entering the station/campus or sensitive areas are subject to search. Any refusal or non-consent by an employee will result in termination of their access and immediate confiscation of their ID badge.SITE VISITSSite visits may be deemed mandatory in order for contractors to submit proposals on certain projects. Such requirements shall be clearly stated in the individual task order RFP.Failure to conduct site visits may not be used as an excuse for omission or miscalculation in proposals, and may be taken into consideration in determining a Contractor’s eligibility to participate in future ordersPRE-AWARD SITE INSPECTIONSContractors shall inspect project job sites with Government representatives prior to proposal submissions for individual projects. Any deficiencies, conflicts, or other areas of concern existing in the scope of work and/or applicable drawings should be brought to the attention of the Contracting Officer in writing. The contractor shall also notify the Contracting Officer upon observing any features in the design that appear to be ambiguous, confusing, conflicting or erroneous.TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHERUnless specified otherwise in a task order, this paragraph specifies the procedure for the determination of time extensions for unusually severe weather. In order for the Contracting Officer to award a time extension for unusually severe weather, the following conditions must be satisfied:The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the contractor.Weather delays will be based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations. The contractor’s progress schedule must reflect consideration of these anticipated adverse weather delays in all weather-dependent activities.Upon acknowledgment of the notice to proceed (NTP) and continuing throughout the contract, the contractor will record on the daily Contractor Quality Control (CQC) report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delays must prevent work on critical activities for 50 percent or more of the contractor’s scheduled workday.The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in accordance with the criteria previously described above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a bilateral modification.PAPERLESS CONTRACTINGProposed Task Order Requests for Proposals, to include specifications and drawings may be issued using electronic methods, i.e., the internet, email, etc. In addition, task order distribution and correspondence will also be issued electronically using email, internet or other electronic methods. Contractors shall have and maintain capability to receive documents in this manner.It is anticipated that within the life of this contract other electronic processes will be enacted. These include, but are not limited to, electronic offers, and electronic invoicing. When implemented by the Contracting Officer, contractors shall participate fully in any of these new requirements at no additional cost to the Government. Failure to accommodate new processes may be cause for termination or non-consideration for future work.TELEPHONE COMMUNICATIONS SECURITY MONITORINGAll communications with VA organizations are subject to communications security review. Contractor personnel must be aware that telephone communications networks are continually subject to intercept by unfriendly intelligence organizations. The VA has authorized the departments to conduct communications monitoring and recording of telephone calls originating from, or terminating at, VA organizations.NOTICE OF CONSTRUCTIVE CHANGESNo order, statement or direction of the Contracting Officer, authorized representative of the Contracting Officer, whether or not acting within the limits of his or her authority, or any other representatives of the Government, shall constitute a change order under the “Changes” clause of this contract or entitle the contractor(s) to an equitable adjustment of the price or delivery schedule, unless a change is issued in writing and signed by the Contracting Officer.OMBUDSMANThe task order contract and delivery order ombudsman for VA is the Associate Deputy Assistant Secretary for Acquisitions per VAAR 816.505—Ordering and as described in FAR 16.505 (b)(6). Interested parties may obtain the name, telephone number, facsimile number, and e-mail address of the current Associate Deputy Assistant Secretary for Acquisitions by contacting: The Office of Acquisitions (049A), VA Central Office, 810 Vermont Ave., NW., Washington, DC 20420.AMBIGUITY/CONTRACT INTERPRETATIONThis written contract and any and all identified writings or documents incorporated by reference herein or physically attached hereto constitute the parties’ complete agreement and no other prior or contemporaneous agreements either written or oral shall be considered to change, modify or contradict it. Any ambiguity in the contract will not be strictly construed against the drafter of the contract language but shall be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contracting.It shall be the obligation of the Contractor to exercise due diligence to discover and to bring to the attention of the Contracting Officer at the earliest possible time any ambiguities, discrepancies, inconsistencies, or conflicts in or between the specifications and the applicable drawings or other documents incorporated by reference herein. Failure to comply with all obligations shall be deemed a waiver and release of any and all claims for extra costs or delays arising out of such ambiguities, discrepancies, inconsistencies, and conflicts.INVOICING AND PAYMENTProperly prepared invoices bearing the contract number, and corresponding purchase order will be submitted utilizing the VA’s Electronic Invoice Presentment and Payment System (see web site ) which is contained in VAAR 852.232-72During the performance period of the MATOC, utilization of electronic invoicing shall be required. Payment will be made by the paying office specified in the task order award, and shall be in accordance with FAR 52.232-5--Payments under Fixed-Price Construction Contracts, FAR 52.232-27--Prompt Payment for Construction Contracts.All payments shall be made by electronic transfer of funds (EFT).The Government will make payment upon satisfactory completion and acceptance of work by the Contracting Officer.Payments may be withheld unless proper submission of weekly payrolls. Such payrolls must be fully compliant with Davis-Bacon Act requirements.All requests for payments must include a Subcontractor Payment Register pursuant to FAR 52.232-5Final invoice shall not be submitted until Government acceptance of the completed project has been made in writing. Final invoice shall be submitted along with a Release of Claims.INVOICE CONTENTSRequests for payment in accordance with terms of the contract shall consist of:The Contractor’s invoice showing, in summary form, the basis for arriving at the amount of the invoice;The contract performance statement which shall show, in detail, the estimated cost, percentage of completion, and value of completed performance; andUpdated progress and equipment delivery schedules.Payments to the Contractor. Payments shall be subject to reduction for overpayments or increase for underpayments on preceding payments to the Contractor. Basis for the Contracting Officer’s consideration to allow progress payment for material delivered on the site (but not installed) and for completed preparatory work, as authorized under FAR 52.232-5 shall be (1) major high cost items and (2) long lead special order items. In the request for progress payment, such items shall be specifically identified in the Contractor’s estimates of work submitted for the Contracting Officer’s approval. At the time of invoicing, the amount billed shall be supported by documents establishing its value. Progress payment for material delivered on site but not installed, and for competed preparatory as authorized under FAR 52.232-5 shall be specifically identified in the schedule of prices. Only approved items shall be eligible for progress payment.NOT APPLICABLEPayment of Bonds: A paid invoice is required before payment of bonds can be made. Contractors must list Bonds as a separate item on progress reports and/or Schedule of Values.REGULATIONSContractors shall comply with all applicable Federal, State, Local, and Department of Veterans Affairs regulations pertaining to safety, traffic control, infectious control, green environmental management, security, and fire prevention.Contractors may use the Engineering library, which contains most applicable Veterans Affairs’ publications as well as some commercial project data information, or Department of Veterans Affairs Acquisition Policy website, , which has links for several other sites with available publications, forms and project data information. These may also be acquired from the Government Printing Office website, , his employees, and subcontractors shall become familiar with and obey the regulations of the facilities, including fire, traffic, safety and security regulations while on the facility grounds. Those driving motor vehicles shall observe and obey all speed limits posted throughout the grounds. Personnel should not enter restricted areas unless required to do so and only upon prior approval. All contractor employees and subcontractors shall carry proper personal identification with them at all times.Contractor equipment shall be conspicuously marked for identification and parked or placed within approved areas only, out of the way of driveways, emergency access roads, and PLIANCE WITH STATE AND FEDERAL LAWS AND REQUIREMENTSContractors, their employees, and subcontractors are subject to, and shall abide by and comply with, all relevant statutes, ordinances, laws and regulations of the United States (including Executive Orders of the President) and any State (or other public authority now or hereafter in force).Contractors shall agrees to observe and comply with all applicable state and federal requirements regarding social security, workman’s compensation, unemployment insurance and any other matters concerning employment applicable to the performance of this contract or rules, regulations, directions and order not inconsistent herewith as may from time to time be issued by the Government.The unilateral act of any Governmental body against any employee of the Contractor for the violation of a state or federal law or regulation shall not excuse the Contractor from full compliance with the terms and conditions of this contract.TRANSPORTATION, HANDLING AND STORAGEContractors shall coordinate with suppliers and shippers to ensure that incoming materials are properly identified with the contractor’s name, contract number and project title. The contractor shall designate an authorized individual to be available to receive shipment. The Government will not provide storage other than that available at the project site.Storage of supplies, materials and equipment on the project site shall be accomplished in such a manner so as to prevent mechanical and climatic damage and loss due to vandalism or theft. Equipment temporarily removed in the performance of work and stored on the job site shall be stored and protected in accordance with previous paragraphs, and shall be replaced in a condition compatible with its original state. Security for equipment and material removed from the job site for temporary storage until reuse shall be the responsibility of the contractor.CLEANUP AND DISPOSAL OF DEBRIS AND FILL MATERIALSAt the end of each workday, contractors shall clean up the work and storage areas and stack all materials in a manner approved by the Contracting Officer or his/her designated representative. Upon completion of a project, the contractor shall ensure that all dirt, trash, and debris resulting from the construction operations are removed from the work area. Unless directed otherwise in the contract or by the Contracting Officer, disposal of debris shall be made at the contractor’s expense and shall be delivered to a state approved disposal site located off the VA grounds. Debris shall not be left in such a manner that wind or other weather conditions can cause the debris to be scattered outside the work area or inside the facilities via local foot traffic.The hauling and disposal of excess fill material including rock, gravel, sod, broken concrete or asphalt, plaster, etc., shall be the sole responsibility of the contractor. Disposal shall be in accordance with applicable federal, state and local regulations.SHOP DRAWINGS AND SUBMITTALSThe Contractor is responsible for preparation of all shop drawings, submittals, and as-built drawings/red-line drawings, etc., for each project in accordance with requirements contained in the individual task order RFP.MISCELLANEOUS CONTRACTOR REQUIREMENTSPrior to commencing on-site construction, the contractor shall provide the Contracting Officer with a telephone number and FAX number at which the contractor or his/her representatives may be contacted at any time during regular working hours. An emergency number at which the contractor may be contacted in situations requiring immediate attention must be made available to the Contracting Officer or their delegated representative.All work under this contract shall be performed in a skillful and workmanlike manner. The Contractor shall employ and utilize only experienced (or certified apprentices), responsible, and capable persons in the performance of work under this contract.All employees must be citizens of the United States or authorized aliens and shall be able to furnish proof of citizenship if asked to do so by the Contracting Officer. Only authorized Contractor personnel shall be admitted to the worksite at all times. The Contracting Officer may, in writing, require the contractor to remove from the job site, any employee the Contracting Officer deems incompetent, careless or otherwise objectionable.Superintendence. The contractor shall give his personal superintendence to the work or have a competent foreman or superintendent from his/her own staff, satisfactory to the Contracting Officer, at the work site while work is in progress, with authority to act on behalf of the contractor. The Contractor’s superintendent is responsible for maintaining and conducting the inspection system required by the contract.Removal of Personnel. The Contracting Officer may require the Contractor to remove from the job those employees who endanger persons or property; those who manufacture, distribute, dispense, possess or use controlled substances at the worksite (52.223-6, Drug-Free Workplace); and those whose continued employment under this contract is inconsistent with the interest of Veterans Affairs security. Contractor personnel may also be removed for actions deemed as objectionable by the contracting officer.Parking of contractor vehicles shall be restricted to the contractor’s designed on-site area, work area, or other designated location, if available. Limited parking is available on site. The company name shall be prominently displayed on all construction vehicles parked on the job site.SUPERVISIONThe Government shall not exercise any supervision or control over contractor employees performing services under the MATOC; such employees shall be accountable not to the Government, but solely to the contractor, who in turn is responsible to the Government.SAFETY ASSURANCECompliance with Regulations. All work including the handling of hazardous materials or the disturbance or dismantling of structures containing hazardous materials shall comply with the applicable requirements of 29 CFR 1910/1926. Work involving the disturbance or dismantling of asbestos or asbestos-containing materials; the demolition of structures containing asbestos; and/or disposal and removal of asbestos, shall also comply with the requirement of 40 CFR, Part 61, Subpart A. All work shall comply with applicable federal, state and municipal safety and health requirements. Where there is a conflict between applicable regulations, the most stringent shall apply. The VA's Construction Safety Guidebook is available at the following web site: Notification/Report. In the event of a job-related accident, the Contractor shall immediately notify the Contracting Officer’s Representative (COR) and shall prepare a Report of Accident (VA Form 2162 or equivalent) in quadruplicate and forward the original and two copies to the Contracting Officer or COR for forwarding to Safety Officer for construction projects. The Contractor shall maintain an accident file for the life of the contract to include all accident reports. Any technical advice and assistance necessary in accident investigation and reporting may be requested from the respective Safety Office. Lost time injury is defined as "An injury resulting in a lost workday, not including the day of injury."Contractor Responsibility. The Contractor shall assume full responsibility and liability for compliance with all applicable regulations pertaining to the health and safety of personnel during the execution of work. The Government shall not be held liable for any action on the part of the Contractor, his employees or Sub-contractor, which result in illness, injury or death.Crawl spaces and attics are to be treated as confined space entry. Contractor must follow 29CFR1910.146 and use VA furnished Form entitled Required Confined Space Entry Permit when making an entry. NOTE: A confined space does not include areas above suspended acoustical tile ceiling.43.5 Where an employee can fall more than 6 feet, a fall protection system must be used; 29 CFR 1926.500 stipulates where this occurs and the different types of fall arrest systems.When the Contractor is working in buildings that are occupied by Government personnel, the Contractor must provide Material Safety Data Sheets (MSDS) to the Contracting Officer before they begin the work.All references to protection of the site and adjacent buildings when trenching, shall include protection of all employees also.Inspections, Tests and Reports. Required inspections, tests and reports made by the Contractor, Sub-contractor, specially trained technicians, equipment manufacturers and other as required, shall be at the Contractor’s expense.Materials and Equipment. Special facilities, devices, equipment, clothing and similar items used by the Contractor in the execution of work shall comply with applicable regulations.Traffic Control Devices. The Contractor shall comply with the recommendations contained in Part 6 of the U. S. Department of Transportation, Federal Highway Administrations “Manual on Uniform Traffic Control Devices”, available at , to ensure proper warnings to motorists and adequate traffic control. The Contractor shall provide all warning lights, barricades and other traffic control devices and signs.CORRESPONDENCEAll correspondence shall be addressed to the Contracting Officer, with at least one copy to be provided to the Contracting Officer's Representative (COR). Enclosures attached or transmitted with the correspondence shall also be furnished with an original and one copy. Each letter shall make reference to the contract name, contract number, task order number, and shall have only one subject.Correspondence shall maintain separate and distinct submittals to identify each project by name and Task Order number.SCHEDULING OF PRE-FINAL AND FINAL INSPECTIONSNotification for Pre-final Inspection. The Contractor and the Government will jointly conduct a pre-final inspection prior to any final inspection. Request for the pre-final inspection shall be made in writing to the Contracting Officer at least 5 days prior to the desired date.The project shall be 100% complete prior to the contractor submission of a Request for Pre-final inspection.Along with the request for a Pre-final inspection the contractor shall provide the Government a document evidencing that the contractor conducted their own inspection ensuring 100% completion of the project. Discrepancies noted on the Pre-final inspection will be furnished by the Government inspector to the Contracting Officer.The Contracting Officer is responsible for furnishing a complete punch list, in writing, to the Contractor. Items noted on the punch list will be completed prior to scheduling a final inspection.As-built drawings, real property data, warranties, manuals, etc., may be turned-in at time of final inspection.All punch-list items of remaining work SHALL be completed prior to the contractor requesting Final inspection. Furthermore, the contractor shall ensure that adequate performance time remains for completion of ALL deficiencies noted during the Pre-Final Inspection and the scheduling and completion of the Final Inspection.Notification for Final Inspection. When the Contractor is ready for final inspection, he shall request so in writing to the Contracting Officer and his duly authorized representative (COR) at least 5 days prior to the desired date.Final Inspection. The final inspection will be performed with the Contractor by the Contracting Officer, Contracting Officer Representative (COR), consultant team, and/or representative of the using activity. Discrepancies noted will be corrected within the time specified by the Contracting Officer.In the event the pre final or final inspection will be conducted by a Government contracted service, (A&E firm or other contracted individual) the Contractor made be held liable for travel and labor costs when the project is not sufficiently complete and the inspection must be rescheduled or an additional inspection is required.DEFAULT TECHNICAL SPECIFICATIONSVA Master Specifications shall be used as the default specification when no specifications are issued. Reference . The intent of default specifications is to furnish concise industrial and/or commercial standards for construction of Government facilities. Some task orders will be accompanied by a Statement of Work (SOW) that will contain pertinent technical specifications. If the Statement of Work does not address a specification for an element of the work, the default specification shall apply for the element of work.GENERAL ENVIRONMENTAL CONSIDERATIONSContractors shall completely prepare site for building operations, including demolition and removal of existing materials, and furnish labor and materials and perform work for all task orders issued under this MATOC.An Architectural/Engineering firm (A/E) provided by the contractor will render certain technical services during construction on certain task orders. Such services shall be considered as advisory to the Government and shall not be construed as expressing or implying a contractual act of the Government without affirmations by Contracting Officer or his duly authorized representative.Before placement and installation of work subject to tests by testing laboratory retained by Department of Veterans Affairs, the Contractor shall notify the COR 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 workdays unless otherwise designated by the COR.Under the Green Environmental Management System (GEMS), the contractor is required to consider recycled materials and processes for all materials and processes not otherwise specified or detailed wherever possible and must provide documentation as to why such could not be used if not used. Cost is an acceptable reason to forgo such. Other reasons for not using recycled material are:Does not meet performance standards as per the EPA’s guidelines.Not available in a timely manner.All green materials and processes must be documented and submitted to the COR within 24 hours of use and identified as such.Contractors must show due diligence in meeting the requirements of the VA Medical Center’s GEMS program and Executive Order 13423 including but not limited to:Using products with recycled of recovered content as outlined in EPA’s comprehensive procurement guidelines (CPGs) and MCM 10F-05.Providing copies of the appropriate GEMS requirements to suppliers and subcontractors and ensuring that suppliers and sub-contractors meet the requirements of the GEMs program and Executive Order 13423 both during the bid submission process and during the performance of the contract.Diverting as much construction waste as is feasible to recycling including but not limited to metals, plastics, woods, pallets, and cardboard as outlined in MCM 10F-04 and 10F-05, recycling should be maximized and not restricted to a set percentage whenever possible. A statement shall be submitted to COR- identifying recycling material by weight-steel, aluminum, tin, cardboard, paper, plastic, etc.Documenting performance, fiscal or availability constraints when requesting exemptions for items in item 1 above,Providing recycling reports listing the items and poundage diverted from construction waste to recycling or re-use,46.6.6. Notifying the facility GEMS Coordinator if encountering impediments to meeting the GEMS requirements to ensure compliance is achieved, and46.6.7 Resolving any conflicts with the project specifications and the GEMS program requirements with GEMS Coordinator, the project engineer and the project COR.Products and materials containing recycled content and/or bio-based products are to be used whenever available, and preference in purchasing is to be exercised for recycled/recovered content and bio-based products and materials. Recycled/Recovered content and bio-based products and materials, or to be used, are to be reported to the facility GEMS Coordinator prior to beginning work and prior to submission of payment requests. Reports on waste diverted or recycled are also to be reported to the facility GEMS Coordinator prior to submission of payment requests, Reports and all correspondence are to submitted on a minimum 30% recycled content paper, printed on 2 sides. The frequency of reporting will be determined prior to start of work or will be based upon the frequency of submission of payment requests. Copies of MCM 10F-04, MCM10F-05, and the EPA CPGs will be provided with bid requests.The contractor shall maintain, and provide to the COR a DAILY LOG – Formal Contract and DAILY LOG – Safety/ILSM Checklist daily. Weekly payrolls for all construction personnel (including the general contractor and all subcontractors) performing work at the construction site will be provided to the Contracting Officer weekly. Once a contractor entity starts work at the VA jobsite, payrolls will need to be submitted for that entity weekly until work for that entity is complete, even if no work is performed.All employees of general contractor and subcontractors shall comply with VA security management program and obtain permission of the VA police, be identified by project and employer, and restricted from unauthorized access. All contractor and subcontract or employees performing work on site will be required to present two forms of ID, one a driver’s license, and the other a Social Security Card or Voter Registration card, complete an application for a VA photo ID badge to be worn at all times while on site, get fingerprinted, get photographed, and have a complete background check performed prior to starting work at the VA Medical Center.Prior to commencing work, the prime 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. Prior to commencing work at the jobsite, evidence of attendance of the OSHA 30 Hour Construction Safety course shall be provided for this person.Training47.12.1 Written documentation is to be provided for each employee of the general contractor and subcontractors that indicates that the employee has the competency and safety training relevant to the work that they will be performing. This documentation will be signed by the employing general contractor or subcontractor and submitted for approval before the start of work.OSHA REQUIREMENTSContractors are required to comply with the Occupational Safety and Health Act of 1970. This will include the safety and health standard found in Code of Federal Regulations (CFR) 1910 and 1926. Copies of those standards can be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C., 20420.In addition, contractors will be required to comply with other applicable medical center policies and safety regulations. These policies and regulations will be presented to the contractor at the preconstruction meeting. Each of the contractor’s employees will be required to read the statement of policies and regulations and sign an acknowledgment that such policies and regulations are understood. Signed acknowledgment will be returned to the appointed Contracting Officer’s Representative (COR).Contractors involved with the removal, alteration or disturbance of asbestos-type insulation or materials or lead paint will be required to comply strictly with the regulations found in CFR 1910.1001 and the appropriate Environmental Protection Agency (EPA) lead regulations regarding disposal of asbestos or lead paint. Assistance in identifying asbestos or lead can be requested from the medical center’s Industrial Hygienist and the Project Engineer.Contractors entering locations of asbestos contamination or lead paint residue (i.e., pipe, basements, walls, windows) shall be responsible for providing respiratory protection to their employees and ensuring respirators are worn in accordance with the Occupational Safety and Health Administration (OSHA) [CFR 1910.1001(g)]. Asbestos or lead paint contaminated areas shall be defined on project drawings. The minimum equipment requirements will be a half-mask air-purifying respirator equipped with high efficiency filters and disposable coveralls, or as determined by air monitoring results.Contractors must submit a complete list of chemicals that will be used and Material Safety Data Sheets (MSDS) for all hazardous materials at least 2 weeks prior to bringing any materials on-site as defined in OSHA 1910.1200(d), Hazard Determination. The Contracting Officer shall have final approval of all materials brought on site.Contractors will be held solely responsible for the safety and health of their employees. The contractor will also be held responsible for protecting the health and safety of the VA Community (patients, staff, and visitors) from the unwanted effects of construction. VA staff will monitor the contractor's performance in complying with all safety and health aspects of the project. Severe or constant violations may result in an immediate work stoppage or request for an evaluation by a Compliance Officer from OSHA.During all phases of demolition, construction, and alteration, contractors are required to understand and strictly follow National Fire Protection Association (NFPA) 241, Standard for Safeguarding Construction, Alteration, and Demolition Operations. The medical center’s Safety and Occupational Health Specialist or Industrial Hygienist will closely monitor the work area for compliance. Appropriate action will be taken for non-compliance.VA MEDICAL CENTER FIRE AND SAFETY POLICIES, PROCEDURES, AND REGULATIONSContractors are to comply with the requirements found in NFPA 241, Building Construction, and Demolition Operation, and NFPA 51B, Fire Prevention in Use of Cutting and Welding Processes.Questions regarding occupational safety and health issues can be addressed to the medical center Safety and Occupational Health Specialist or Industrial Hygienist.Smoking is not permitted in any interior areas of the medical center, including all interior stairwells, tunnels, construction and/or service/maintenance sites. Note: This includes interior posted patient smoking areas, if applicableFIRESAll fires must be reported. In the event of a fire in your work area, use the nearest pull box station and notify medical center staff in the immediate area. Emergency notification can also be accomplished by dialing the facility operator. The exact location of where the call originates must be provided, and the exact nature of the emergency must be explained thoroughly. If a contractor experiences a fire that was rapidly extinguished by staff, the Safety Officer must still be notified within an hour of the event so that an investigation of the fire can be accomplished.FIRE ALARMS, SMOKE DETECTION, SPRINKLER SYSTEMIf the nature of your work requires the deactivation of the fire alarm, smoke detection or sprinkler system, you must notify the Safety Office. Notification must be made well in advance so that ample time can be allowed to deactivate the system and provide alternative measures for fire protection. Under no circumstance is a contractor allowed to deactivate any of the fire protection systems in this medical center.SMOKE DETECTORSFalse alarms will not be tolerated. Contractor familiarity with the location of the smoke detectors in the work area is required. When performing cutting, burning, welding, or any other operations that may cause smoke or dust, steps to temporarily cover smoke detectors in order to prevent false alarms must be taken. Failure to take the appropriate action will result in the Contracting Officer assessing actual costs for government response for each false alarm that is preventable. Prior to covering the smoke detectors, the contractor will notify the Safety Officer, who will also be notified when the covers are removed.SAFETY AND HEALTH DURING CONSTRUCTIONTraining: All employees of the general contractor and subcontractors shall have the 10-hour OSHA certified construction safety course.The General Contractor’s competent person shall have completed the 30-hour OSHA certified construction safety course. Documentation of training shall be submitted to the Contracting Officer for review and approval prior to any work being performed. There shall be no exceptions to this requirement. Failure to present the proper training documentation upon the contracting officer's request will result in the individual being removed from the job; the individual may only return after proper documentation has been provided. There shall be no exceptions to this requirement.It is the responsibility of the Contractor to provide TB (tuberculosis) training annually and a PPD (purified protein derivative) test annually for any employees providing services at the VA Medical Center where work is to be performed. The government reserves the right to review the contractor's records. Failure to present the proper training documentation upon the contracting officer's request will result in the individual being removed from the job; the individual may only return after proper documentation has been provided. There shall be no exceptions to this requirement.HOT WORK PERMITHot work is defined as operations including, but not limited to, cutting, welding, thermal welding, brazing, soldering, grinding, thermal spraying, thawing pipes, or any similar situation. If such work is required, whenever possible, the contractor must notify the project manager no less than one day in advance of such work. The project manager will inspect the work area and issue a Hot Work Permit, authorizing the performance of such work.All hot work will be performed in compliance with the medical center’s policy regarding Hot Work Permits and NFPA 241, Safeguarding Construction, Alternation, and Demolition Operations; and NFPA 51B, Fire Prevention in Use of Cutting and Welding Processes; and applicable OSHA Standards. A Hot Work Permit will only be issued to individuals familiar with these regulations.A Hot Work Permit will be issued only for the period necessary to perform such work. In the event the time necessary will exceed 1 day, a Hot Work Permit may be issued for the period needed; however, the area where hot work is to be performed will be inspected daily. A Hot Work Permit will apply only to the location identified on the permit. If additional areas involve hot work, then additional permits must be requested.Contractors will not be allowed to perform hot work processes without the appropriate permit.Any work involving the medical center’s fire protection system will require reasonable advance notification. Under no circumstance will the contractor or employee attempt to alter or tamper with the existing fire protection system.The project manager will be notified within 30 minutes of the completion of all hot work to perform an inspection of the area to confirm that sparks or drops of hot metal are not present. TEMPORARY ENCLOSURESOnly non-combustible materials will be used to construct temporary enclosures or barriers at Medical Centers and Outpatient Clinics under the jurisdiction of a MATOC. Plastic materials and fabrics used to construct dust barriers must conform to NFPA 701, Standard Methods of Fire Tests for Flame-Resistant Textiles and Films.FLAMMABLE LIQUIDSAll flammable liquids will be kept in approved safety containers. Only the amount necessary for your immediate work will be allowed in the building. Flammable liquids must be removed from the building at the end of each day.48.11 COMPRESSED GAS CYLINDERSCompressed gas shall be secured in an upright position at all times. A suitable cylinder cart will be used to transport compressed gas cylinders. Only compressed gas cylinders necessary for immediate work will be allowed in occupied buildings. All other compressed gas cylinders will be stored outside of buildings in a designated area. Contractors will comply with applicable compressed gas cylinders standards found in 29 CFR 1910 and 1926 (OSHA).INTERNAL COMBUSTION ENGINE-POWERED EQUIPMENTEquipment powered by an internal combustion engine (such as saws, compressors, generators, etc.) will not be used in an occupied building. Special consideration may be given for unoccupied buildings only if the OSHA and NFPA requirements have been met.POWDER ACTIVED TOOLSThe operator of powder-activated tools must be trained and certified to use them. Powder-activated tools will be kept secured at all times. When not in use, the tools will be locked up. When in use, the operator will have the tool under his immediate control.TOOLSUnder no circumstances will equipment, tools, and other items of work to be left unattended for any reason. All tools, equipment, and items of work must be under the immediate control of your employee.If for some reason a work area must be left unattended, then tools and other equipment must be placed in an appropriate box or container and locked. All tool boxes, containers, or any other device used for the storage of tools and equipment will be provided with a latch and padlock, and will be kept locked at all times.All doors to work areas will be closed and locked when rooms are left unattended and signs of a directive and restrictive nature posted for safety purposes. Failure to comply with this policy will be considered a violation of VA Regulations 1.218(b) and subject to a $50.00 fine. Subsequent similar violations may result in both impositions of such a fine as well as the Contracting Officer taking action under the contract’s Accident Prevention Clause, according to Federal Acquisition Regulation (FAR) 52.236-13, to suspend all contract work until violations are satisfactorily resolved. Alternatively, under FAR 52.236-5, Material and Workmanship Clause, the Contracting Officer may remove any personnel deemed to be careless to the point of jeopardizing the welfare of facility patients or staff from the worksite.Missing tools or equipment must be reported to the VA Police Department.Tools and equipment found unattended will be confiscated and removed from the work area.LADDERSLadders must not be left unattended in an upright position. Ladders must be attended at all times or taken down and chained securely to a stationary object.SCAFFOLDSAll scaffolds will be attended at all times. When not in use, an effective barricade (fence) will be erected around the scaffold to prevent use by unauthorized personnel (reference OSHA 1926, Subpart L).EXCAVATIONSThe contractor shall comply with OSHA 1926, Subpart P. An OSHA Competent Person must be on site during excavation. The contractor shall coordinate with the project engineer and utility companies prior to excavation to identify underground utilities tanks, etc. Excavations will be provided with a barricade suitable to prevent entry by unauthorized persons.STORAGEArrangements for the storage of building materials must be made prior to construction projects with the project engineer. Storage will not be allowed to accumulate in the medical center buildings.TRASH AND DEBRISTrash and debris must be removed from the work area on a daily basis. Trash and debris will not be allowed to accumulate inside or outside of the buildings. Contractors are responsible for making arrangements for removal of trash from the facility.PROTECTION OF FLOORSIt may be necessary at times to take steps to protect floors from dirt, debris, paint, etc. A tarp or other protective covering may be used. However, a certain amount of floor space must be maintained for the safe passage of pedestrian traffic. Common sense must be used in this matter.SIGNSSigns must be placed at the entrance to work areas warning people of construction work. Signs must be suitable for the condition of the work. Small pieces of paper with printing or writing are not acceptable. The medical center Safety Officer or Project Manager can be consulted in this matter.ACCIDENTS AND INJURIESContractors must report all accidents and injuries involving their employees.Carpet/sticky mats shall be placed at all construction entrances and be satisfactorily maintained so as to minimize the tracking of dust into the VA-occupied portion of the facility. Dry sweeping of dust and debris is not to be prohibited.CONFINED SPACE ENTRYContractors will be informed that the workplace contains permit-required confined space, and that permit-space entry is allowed only through compliance with a permit-space program meeting the requirements of 29 CFR 1910.146 and 1926.21(b)(6).Contractors will be apprised of the elements including the hazards identified and the medical center’s (last employer) experience with the space that makes the space in question a permit space.Contractors will be apprised of any precautions or procedures that the medical center has implemented for the protection of employees in or near permit space where contractor personnel will be working.The medical center and contractor will coordinate entry operations when both medical center personnel and contractor personnel will be working in or near permit spaces as required by 29 CFR 1910.146(d)(ii) and 1926.21(b)(6).Contractors will obtain any available information regarding permit space hazards and entry operation from the medical center.At the conclusion of the entry operations, the medical center and contractor will discuss any hazards confronted or created in permit spaces.Contractors are responsible for complying with 29 CFR 1910.246(d) through (g) and 1926.21(b) (6). The medical center, upon request, will provide rescue and emergency services required by 29 CFR 1910.246(k) and 1926.21(b) (6).CONTRACTOR PARKING AND MATERIAL DELIVERYContractor parking and the delivery of building materials tools, etc., must be pre-arranged with the Project Manager.NOT USEDSPECIFICATIONS AND DRAWINGS FOR CONTRACTORAll construction documents (drawings and specification) will be provided to the Contractor in an electronic form. All necessary hard copies of specifications and drawings may be made by the Contractor, at Contractor's expense, from electronic files furnished by the A/E. Such media shall be returned to the A/E immediately after printing is completed.FIRE SAFETYApplicable Publications: Publications listed below form part of this Contract to extent referenced. Publications are referenced in text by basic designations only.American Society for Testing and Materials (ASTM):E84-1998Surface Burning Characteristics of Building MaterialsNational Fire Protection Association (NFPA):10-07Standard for Portable Fire Extinguishers FCLCH-30-03 Flammable and Combustible Liquids Code51B-03Standard for Fire Prevention During Welding, Cutting and Other Hot Work 70-05National Electrical Code241-04Standard for Safeguarding Construction, Alteration, and Demolition OperationsOccupational Safety and Health Administration (OSHA):29 CFR 1926Safety and Health Regulations for ConstructionFire 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 COR for review for compliance with contract requirements. 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 COR that individuals have undergone contractor’s safety briefing.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.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).Temporary Construction PartitionsInstall and maintain temporary construction partitions to provide smoke-tight separations between and adjoining areas. Construct partitions of gypsum board on both sides of metal steel studs. Extend the partitions through suspended ceilings to floor slab deck or roof. Seal joints and penetrations. At door openings, install Class C, ? hour fire/smoke rated doors with self-closing devices.Install fire-rated temporary construction partitions to maintain integrity of existing exit stair enclosures, exit passageways, fire-rated enclosures of hazardous areas, horizontal exits, smoke barriers, vertical shafts and openings enclosures.Close openings in smoke barriers and fire-rated construction to maintain fire ratings. Seal penetrations with listed through-penetration fire stop materials in accordance with FIRESTOPPING SYSTEMS.Temporary Heating and Electrical: Install, use and maintain installations in accordance with 29 CFR 1926, NFPA 241 and NFPA 70.Means of Egress: Do not block exiting for occupied buildings, including paths from exits to roads. Minimize disruptions and coordinate with COR.Egress Routes for Construction Workers: Maintain free and unobstructed egress. Inspect daily. Contractors must report all findings and corrective actions weekly to the COR.Fire Extinguishers: Provide and maintain extinguishers in construction areas and temporary storage areas in accordance with 29 CFR 1926, NFPA 241 and NFPA 10.Flammable and Combustible Liquids: Store, dispense and use liquids in accordance with 29 CFR 1926, NFPA 241 and NFPA 30.Sprinklers: Install, test and activate any new automatic sprinklers prior to removing any existing sprinklers.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 COR. 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 COR.Smoke Detectors: Prevent accidental operation. Remove temporary covers at end of work operations each day. Coordinate with COR.Hot Work: Perform and safeguard hot work operations in accordance with NFPA 241 and NFPA 51B. Coordinate with COR. Obtain permits from facility Safety Officer at least 48 hours in advance. Designate contractor's responsible project-site fire prevention program manager to permit hot work.Fire Hazard Prevention and Safety Inspections: Inspect entire construction areas weekly. Coordinate with, and report findings and corrective actions weekly to COR.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.Dispose of waste and debris in accordance with NFPA 241. Remove from buildings daily.Perform other construction, alteration and demolition operations in accordance with 29 CFR 1926.If required by the contracting officer, submit documentation to the COR that personnel have been trained in the fire safety aspects of working in areas with impaired structural or compartmentalization features.Certificates of competencies shall be provided by the contractor for "all" contractor staff on site prior to staff working on site that indicate staff are competent to perform the work performed.OPERATIONS AND STORAGE AREASContractors shall confine all operations (including storage of materials) on Government premises to areas authorized or approved by the Contracting Officer or COR. 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.Temporary buildings (e.g., storage sheds, shops, offices) and utilities may be erected by Contractors only with the approval of the Contracting Officer and shall be built 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.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.Working space and space available for storing materials shall be as determined by the COR in writing.Workers are subject to rules of the Department of Veterans Affairs, Veterans Integrated Service Network 12 (VISN 12) Medical Centers applicable to their conduct.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 COR where required by limited working space.Do not store materials and equipment in other than assigned areas.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.When 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.Phasing: To insure such executions, contractor shall furnish the COR with a schedule of approximate phasing dates on which the Contractor intends to accomplish work in each specific area of site, building or portion thereof. In addition, Contractor shall notify the COR two weeks in advance of the proposed date of starting work in each specific area of site, building or portion thereof. Arrange such phasing dates to insure accomplishment of this work in successive phases mutually agreeable to Medical Center Director, COR and Contractor.Veterans Affairs Medical Centers (VAMC’s) and Outpatient Clinics (OPC’s) will be occupied during performance of work; but immediate areas of alterations will be vacated. Any interruption of service is to be minimized to only starting at 4:30 p.m. on Thursday and continuing around the clock until service is resumed, but no longer than the following Monday at 6:00 a.m.When the Contractor is allowed in a building, Contractor shall accept the responsibilities listed below therefore.Contractors shall maintain a minimum temperature of 4 degrees C (40 degrees F) at all times, except as otherwise specified.Contractors shall maintain in operating condition existing fire protection and alarm equipment.Utility 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 COR.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 Contracting Officer. 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 written approval of the contracting officer.Contractors shall submit a request to interrupt any such services to COR, in writing, 48 hours in advance of proposed interruption. Request shall state reason, date, exact time of, and approximate duration of such interruption.Contractors 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.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 COR.In case of a contract construction emergency, service will be interrupted on approval of COR. Such approval will be confirmed in writing as soon as practical.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.Abandoned Lines: All service lines such as wires, cables, conduits, ducts, pipes and the like, and their hangers or supports, which are to be abandoned but are not required to be entirely removed, shall be sealed, capped or plugged. 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; so that they are completely behind the finished surfaces and removed back to the last point of usable service.To minimize interference of construction activities with flow of Medical Center traffic, comply with the following: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.Method and scheduling of required cutting, altering and removal of existing roads; walks and entrances must be approved by the COR.Coordinate the work for this contract with other construction operations as directed by COR. This includes the scheduling of traffic and the use of roadways, as specified in Article, USE OF ROADWAYS.The Government may require the contractor to suspend work during a two-week period that the Contracting Officer shall advise the contractor of during the Joint Commission inspection and shall have the entire construction area secured and cleaned prior to the Joint Commission inspection.The contractor is strongly encouraged to send "all" correspondence to all involved staff electronically. This includes but is not limited to general correspondence, submittal transmittals, submittal information (actual) from manufacturers, requests for payment, progress schedules, daily logs, payrolls, etc. Realizing that much information comes from sub-contractors, suppliers, distributors, and manufacturers, the general contractor should thoroughly communicate this request to "all" of these parties as well. The intent is to have as much of the entire contract done electronically. Contractor shall provide a cell number of the onsite supervisor for use in communication throughout the work day. Additionally, the Government may issue two way radios for which the contractor shall be responsible to sign out and sign back in upon completion of the project. Contractor will responsible for all damage or loss of radios.No materials or supplies shall be delivered to the employee loading dock. If they get delivered to the dock, they can be sent away with no responsibility to the VA. These shall only be delivered to the contractor's staging area such as a job site trailer. The contractor must be available to accept delivery. VA staff absolutely will not sign for contractor's supplies and materials.If on-site parking is available, "All" contractor employees parking and the contractor's staging areas must be at the most remote place on the site. This is because parking is so severely overburdened at the medical center. Either an office/storage area inside the facility will be assigned to the contractor or one (1) trailer may be permitted on site during the program period and its exact location shall be as approved by the COR. However, if space is not available contractor may be required, at the Government's discretions, to have their job trailer off site.Materials shall be delivered in quantities not to exceed that which will be installed in a 5 calendar day period.Contractor shall hold weekly construction meetings on-site at a location to be determined by the COR. Contractor shall provide typewritten, or computer generated minutes of all meetings and shall distribute minutes to all participants within two (2) working days after said meeting. Electronic submission of minutes is preferred in lieu of hard copy.ALTERATIONSSurvey: Before any work is started, Contractors shall make a thorough survey with the COR 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:Existing condition and types of resilient flooring, doors, windows, walls and other surfaces not required to be altered throughout affected areas of buildings.Existence and conditions of items such as plumbing fixtures and accessories, electrical fixtures, equipment, etc., whether or not they are required by drawings to be either reused or relocated, or both.Shall note any discrepancies between work to be done and existing conditions at site.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 and approved by Contractor and the appointed COR.Any items required to be either reused or relocated or both, found during this survey to be nonexistent, or in opinion of COR, 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 may be modified accordingly, under provisions of clause entitled "DIFFERING SITE CONDITIONS" (FAR 52.236-2) and "CHANGES" (FAR 52.243-4 and VAAR 852.236-88) of GENERAL CONDITIONS.Re-Survey: Thirty days before expected partial or final inspection date, the Contractor and COR together shall make a thorough re-survey 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.53.3.1 Re-survey 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 workers in executing work of this contract.Protection: Provide the following protective measures:Wherever existing roof surfaces are disturbed they shall be protected against water infiltration. In case of leaks, they shall be repaired immediately upon discovery.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.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.WASTE MANAGEMENT PLANContractors shall provide a waste management plan for approval to the Contracting Officer, thru the Contracting Officer’s Representative (COR) prior to the commencement of construction.DISPOSAL AND RETENTIONMaterials and equipment accruing from work removed and from demolition of buildings or structures, or parts thereof, shall be disposed of as follows:Reserved items which are to remain property of the Government are to be stored. The contracting officer will determine which items will be reserved. 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 re-installation and reuse. Store such items were directed by COR.Items not reserved shall become property of the Contractor and be removed by Contractor from Medical Center.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.PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTSMATOC Contractors shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which is not to be removed and which does 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 tree-pruning compound as directed by the Contracting Officer.Contractors 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 reserves the right to have the necessary work performed and charge the cost to the Contractor.RESTORATIONRemove, 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 COR. Existing work to be altered or extended and that is found to be defective in any way, shall be reported to the COR before it is disturbed. Materials and workmanship used in restoring work shall conform in type and quality to that of original existing construction, except as otherwise shown or specified.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.At the Contractor's own expense, Contractor shall immediately restore to service and repair any damage caused by Contractor's workers 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.Expense of repairs to such utilities and systems not shown on drawings or locations of which are unknown may be covered by adjustment to contract time and price in accordance with clause entitled "CHANGES" (FAR 52.243-4 and VAAR 852.236-88) and "DIFFERING SITE CONDITIONS" (FAR 52.236-2) of Section 01001, GENERAL CONDITIONS.AS-BUILT DRAWINGSThe contractor shall maintain at least two full size sets of as-built drawings that must be kept current during construction of the project, to include full incorporation of all contract changes, modifications and clarifications.To insure compliance, as-built drawings shall be made available for the COR's and/or Contracting Officers review, as often as requested.Contractors shall deliver two approved completed sets of as-built drawings, including one on CD to the COR prior to the final inspection and the acceptance of the project by the CO.Paragraphs 58.1, 58.2, 58.3 shall also apply to all shop drawings.USE OF ROADWAYSFor hauling, use only established public roads and roads on Medical Center property and, when authorized by the COR, 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 well-constructed bridges.TEMPORARY USE OF MECHANICAL AND ELECTRICAL EQUIPMENTUse 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:Permission to use each unit or system must be given by COR. If the equipment is not installed and maintained in accordance with the following provisions, the COR will withdraw permission for use of the equipment.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.Units shall be properly lubricated, balanced, and aligned. Vibrations must be eliminated.Automatic temperature control systems for preheat coils shall function properly and all safety controls shall function to prevent coil freeze-up damage.The air filtering system utilized shall be that which is designed for the system when complete, and all filter elements, including of the existing air handling unit shall be replaced at completion of construction and prior to testing and balancing of system.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.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.This paragraph shall not reduce the requirements of the mechanical and electrical specifications sections.TEMPORARY USE OF EXISTING ELEVATORSUse of existing freight elevator for handling building materials and Contractor's personnel will be permitted subject to following provisions:Contractor makes all arrangements with the COR for use of elevators. The COR will ascertain that elevators are in proper condition. Contractor may use freight elevators for daily use between the hours of 8:00am and 4:30pm and for special nonrecurring time intervals when permission is granted. Personnel for operating elevators will not be provided by the Department of Veterans Affairs.Contractor covers and provides maximum protection of following elevator components:Entrance jambs, heads soffits and threshold plates.Entrance columns, canopy, return panels and inside surfaces of car enclosure walls.Finish flooring.61.2 Place elevator in condition equal, less normal wear, to that existing at time it was placed in service of Contractor as approved by Contracting Officer.TEMPORARY TOILETSContractors may have, for use of Contractor's workers, such toilet accommodations as may be assigned to Contractor by the COR. Contractors shall keep such places clean and be responsible for any damage done thereto by Contractor's workmen. Failure to maintain satisfactory conditions of temporary toilets will deprive Contractor of the privilege to use such toilets.AVAILABILITY AND USE OF UTILITY SERVICESThe Government shall make all reasonably required amounts of utilities available to the Contractor from existing outlets and supplies for use on approved construction projects. The Contractor shall carefully conserve any utilities furnished without charge.Contractors, at their 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.The Government may at its discretion rescind the availability of any utility service or charge the contractor as deemed necessary.TESTSTesting requirements shall be further defined at the task order level.INSTRUCTIONSContractor shall furnish Maintenance and Operating manuals and any necessary verbal instructions.Manuals: Maintenance and operating manuals (four copies each) for each separate piece of equipment shall be delivered to the COR coincidental with the delivery of the equipment to the job site. Manuals shall be complete, detailed guides for the maintenance and operation of equipment. They shall include complete information necessary for starting, adjusting, maintaining in continuous operation for long periods of time and dismantling and reassembling of the complete units and sub-assembly components. Manuals shall include an index covering all component parts clearly cross-referenced to diagrams and illustrations. Illustrations shall include "exploded" views showing and identifying each separate item. Emphasis shall be placed on the use of special tools and instruments. The function of each piece of equipment, component, accessory and control shall be clearly and thoroughly explained. All necessary precautions for the operation of the equipment and the reason for each precaution shall be clearly set forth. Manuals must reference the exact model, style and size of the piece of equipment and system being furnished. Manuals referencing equipment similar to but of a different model, style, and size than that furnished will not be accepted.Instructions: Contractor shall provide qualified, factory-trained manufacturers' representatives to give detailed instructions to assigned Department of Veterans Affairs’ personnel in the operation and complete maintenance for each piece of equipment. All such training will be at the job site. These requirements are more specifically detailed in the various technical sections. Instructions for different items of equipment that are component parts of a complete system shall be given in an integrated, progressive manner. All instructors for every piece of component equipment in a system shall be available until instructions for all items included in the system have been completed. This is to assure proper instruction in the operation of inter-related systems. All instruction periods shall be at such times as scheduled by the COR and shall be considered concluded only when the COR is satisfied in regard to complete and thorough coverage. The Department of Veterans Affairs reserves the right to request the removal of, and substitution for, any instructor who, in the opinion of the COR, does not demonstrate sufficient qualifications in accordance with requirements for instructors above.Equipment Warranties: Contractors shall ensure that all manufacturer warranties on equipment are placed in the name of the corresponding VISN 12 Medical Center or OPC.WORK SCHEDULINGNormal facility work hours for Contractors shall be Monday through Friday between the hours of 7:00 AM through 4:30 PM excluding Federal Holidays. If a Contractor desires to work during periods other than above, they must notify the Contracting Officer at least three (3) working days in advance of his desire to work during other periods to allow for a determination of availability of additional inspection forces, impact on existing health care and facility operations, and for notification of fire, security and safety personnel. When the Contracting Officer determines that there are no adverse impacts to health care and facility operations, and that inspection forces are reasonably available, he/she may authorize the Contractor to perform work during periods other than normal duty hours/days. However, if inspectors are required to perform in excess of their normal duty hours/days solely for the benefit of the Contractor, the actual cost of the inspection, at overtime rates, will be charged to the Contractor and will be deducted from the final payment of the Contract amount.Critical care areas may require work to be done outside the normal work hours. These critical care areas include the Intensive Care Unit, the Emergency Room, specialty Clinics and related exam rooms.The following Federal legal Holidays are observed: New Year's Day1 JanuaryMartin Luther's King's BirthdayThird Monday of JanuaryPresident's DayThird Monday of FebruaryMemorial DayLast Monday of MayIndependence Day4 JulyLabor DayFirst Monday in SeptemberColumbus DaySecond Monday in OctoberVeteran's Day11 NovemberThanksgiving DayFourth Thursday in NovemberChristmas Day25 DecemberNOTE: Any of the above holidays falling on a Saturday will be observed on the preceding Friday, holidays falling on a Sunday will be observed on the following Monday.Prior to commencing work on the job initially, resumption of work after prolonged interruption (7 calendar days or more), commencement of any warranty work, and upon completion of warranty work, the Contractor must notify the Contracting Officer (or his/her Contracting Officer’s Representative). When relocating to new sites, returning to sites for follow-up work on a phased work plan, notification to the Contracting Officer’s Representative is sufficient. Notification should be by personal contact; however, advance notification may be by telephone, or in writing, and should be accomplished sufficiently in advance to allow scheduling of inspection forces. The purpose of the above precautions is to ensure construction inspection and recording of work proceedings.The organization of the specifications into divisions, sections, and articles, and the arrangement of the drawings shall not control the Contractor in dividing the work among Sub-contractors or in establishing the extent of the work to be performed by any trade.ENTRY/ACCESS TO SITEA listing of all Contractor personnel who will be working under the contract must be submitted to the Contracting Officer prior to the start of work under each task order awarded under this contract. The preferred method of providing this list is via email, to the contracting officer’s representative (COR), unless otherwise notified. The listing shall include, but not limited to: contract number, project number, employee name, and the estimated starting and ending date of each employee. Subsequent listings of all additions or deletions will be submitted as employees are hired or released.During construction, the Contractor shall permit the Department of Veterans Affairs personnel access to the facilities within the work area. The Contractor shall provide protection to persons and property throughout the progress of the work.In the event of a declared National Emergency the Contracting Officer reserves the right to stop work on this contract for security reasons. Contractor shall ensure the Contracting Officer has a current “Off Duty” contact name and telephone number at all times to facilitate notification.The Contractor shall be responsible for compliance with all regulations and orders of the Facilities Management Service and VA Police, respecting identification of employees, movements on installation, parking, truck entry, and all other applicable regulations, which may affect the work. Special requirements will be identified in the statement of work for an individual task order.The Medical Center may have specific requirements, which will be identified by the individual task orders issued under this contract.The contractor shall inform all personnel working under its jurisdiction (including subcontractor and visiting supplier personnel) that access to areas outside of the immediate work area, excluding direct haul and access routes, contracting office, COR office and point of supply and storage, is prohibited. Admittance of said personnel will be limited to official business only. Persons in violation of the above may be apprehended and turned over to the appropriate authorities.LATENT DEFECTSThe contractor shall hold the government harmless for any latent defects that cannot be anticipated, or identified through existing as-built drawings, or survey data recorded in county land records. Any delays resulting from discovery of latent defects will require a contracting officer’s determination as to whether or not they may be compensable, by first establishing the basis for excusable or inexcusable delay.INSPECTION OF SITEThe Contractor shall be responsible for the complete coordination and proper relation of the work of all trades.No allowances or extra construction on behalf of any Contractor will be permitted subsequently by reason of error or oversight on the part of the sub-contractor, or on account of interferences by the activities of the owner or others.All dimensions shown on the drawings are based on “as-built” record drawings and, to the extent possible, accurately represent existing conditions; however, there may be some variance between existing conditions and contract drawings. The Contractor is responsible for verifying all dimensions and for reporting to the Contracting Officer any discrepancies that may affect performance of the work represented by contract drawings and specifications.CORRELATION OF DRAWINGS, SPECIFICATIONS AND CONTRACTSSpecifications, Contract and the accompanying Drawings are intended to be cooperative and what is called for by one shall be as binding as if called for by all. Should any error or inconsistency appear in the Drawings or Specifications, the Contractor, before proceeding with the work, shall make mention of same to the Contracting Officer for proper adjustment, and in no case shall he proceed with the work in uncertainty.REPORT OF ERROR AND DISCREPANCIESContractors shall promptly notify the Contracting Officer in writing of any discrepancies.Contractors shall be responsible for any and all discrepancies in work due to failure to obtain dimensions and investigate conditions at the building before fabrication and installation.Contractors shall bear all costs in replacing all materials and labor due to not observing the above paragraph and such replaced materials shall meet the approval of the Contracting Officer.Any proposed changes to the specifications by the Contractor must be submitted in writing to the Contracting Officer for approval prior to implementation.DIVISION OF WORKThe various divisions of project Specifications shall not be considered as negotiations of the material and labor involved. The arrangement and order of these divisions are made for convenience only, and it is not the intent, nor shall it be so construed, a particular trade or sub-contractor must perform that work included in any one division.Any item mentioned under any division heading must be supplied even though it is not specified under the heading for the respective work, but is shown on the Drawings. No claims for extras arising out of real or alleged error in such arrangement or order of the various divisions will be given considerationThe organization of the specifications into divisions, sections, and articles, and the arrangement of the drawings shall not control the Contractor in dividing the work among Sub-contractors or in establishing the extent of the work to be performed by any trade.METHOD OF CARRYING ON THE WORKAll work under the Contract shall be arranged and carried on in such a manner as to complete work in the least possible time. The Contractor shall consult with the Contracting Officer as to methods or sequence of carrying on the work. A definite program of work shall be arranged before starting.Activities in the vicinity of this project may be kept in full or partial operation during construction. The Contractor shall coordinate scheduling of construction activities with the Contracting Officer.STANDARDS OF MANUFACTUREAll recognized regulatory/code standards shall be the latest published edition prior to the date of release for bid/proposal of the contract documents.For purpose of establishing the standard of construction and the requirements to be met in the work of all divisions, the drawings and these specifications are based on the use of products hereinafter specified, adapted to the installation as required to meet the condition.Where brand names are shown, these names are intended to describe a quality of product, and in no way are intended to limit products of equal quality. Therefore, products of other manufacturers may be employed for this work provided they are equivalent materials and construction and equally adaptable to the conditions as approved by the Contracting Officer.MEANING OF APPROVED, DIRECTED, AND/OR WORDS OF LIKE OR SIMILAR EFFECT“Approved”, “Directed”, “Required”, “Applicable”, or words of like or similar effect, when used in the specifications shall be interpreted to mean “Approved By”, “Directed By”, etc., the Contracting Officer unless otherwise specifically stipulated.MISPLACED MATERIALSAny material that is deposited elsewhere than areas designated as approved by the Contracting Officer shall be re-handled and deposited where directed. No payment will be made for re-handling such material.The Contracting Officer will notify Contractor of any noncompliance with the foregoing provisions.MATERIAL TESTING BY NATIONAL LABORATORIESElectrical materials and equipment shall be new and bear the UL label or be listed in UL Electrical Construction Materials Directory or Electrical Appliance and Utilization Equipment Directory, wherever standards have been established by the agency.The Contractor shall submit proof that the material or equipment, which he proposes to furnish under this specification, conforms to the standards of Underwriters’ Laboratories. The label of Underwriters Laboratories (UL) shall be accepted as conforming to this requirement.In lieu of the label, the Contractor may submit a written certification from any recognized testing agency, adequately equipped and competent to perform such services, that the material or equipment has been tested and conforms to the standards, including the methods of testing used.KEYSThe Contractor shall be responsible for any Government-owned keys that have been issued to the contractor for access to facilities or areas pertinent to this contract.Upon completion of the work in an area, or upon request of the Contracting Officer, the key or keys relevant to the area shall be returned immediately. Keys shall be returned prior to final task order payments.Should the Contractor Lose a Key: The Contractor shall notify the Contracting Officer, immediately and in writing, but not later than one (1) working day after he is aware of the loss. Should the key not be found before final acceptance, the final contract payment shall be reduced by the replacement cost for each key not returned and, if required by the Contracting Officer, any re-keying costs and cost of any other damages suffered by the Government.INFECTION CONTROLContractors must control the generation of dust and the contamination of patient care surfaces, supplies, and equipment. During demolition phases of the construction:The construction area shall be under negative pressure, ensuring there is an appreciable flow of clean air from the VA-occupied portion of the facility into the construction area. The airflow shall be sufficiently strong enough to draw in the plastic door flaps commonly located at the construction entrance or at the specific site within the construction area.Construction debris being transported through the VA-occupied portion of the facility shall be covered and/or whetted.Construction employees shall remove dust-laden clothing before entering the VA-occupied portion of the facility.All renovation or construction projects will be reviewed with the Infection Control Nurse, Privacy Officer, and the Safety Manager during all phases for the completion of the task order.The Infection Control Nurse and the Safety Manager will participate in meetings and area walk-through inspections as necessary. All walk-throughs of the construction area must be coordinated with the Facilities Service, Project Section.All construction workers, including subcontractors, and Facilities Service employees, must follow all safety and infection control procedures established at the specific Medical Center where work is to be performed..INSPECTIONSInspections are for the sole benefit of the Government and shall not relieve the Contractor of the responsibility of providing quality control measures to ensure that the work strictly complies with the contract requirements. No inspection or test by the Government shall be construed as constituting or implying acceptance.QUALITY CONTROLWhere work is specified to be in conformity with Standard Specifications of the American Society for Testing Materials (ATSM), or with Federal specifications or with specifications of well-known recognized technical and trade organizations, but no tests are specifically stipulated in connection herewith, the Contractor shall furnish and pay for any tests or certifications required by the Contracting Officer to show that the proposed materials meet with the applicable requirements.The Contractor shall submit a written certification from any recognized testing agency, adequately equipped and competent to perform such services, that the material or equipment has been tested and conforms to the standards, including the methods of testing used.Wherever testing or analysis of material is required, such testing unless otherwise noted will be made at the Contractor’s expense.Subsequent testing of those materials that fail to meet specifications will be accomplished by the Contractor at no cost to the Government.Contractor Quality Control (CQC) Program: The Contractor shall provide and maintain an effective quality control program in accordance with the contract. Within ten (10) days of the award of the task order, the Contractor shall provide three (3) copies of the task order CQC plan to the Contracting Officer This document, as a minimum, shall include name and address of the independent testing agency and the responsible principal with the firm; a summary of QC tests required by the specification and to be provided by the testing agency; and typical daily reports forms to be used for this project. The plan shall also indicate organizational procedures to immediately notify the Contracting Officer or his/her representative of test results in noncompliance with the specification and recommendations on correction. The testing agency must be an independent company and not owned or partially owned by the Contractor or any relation or employee of the Contractor.Samples used for testing shall be selected as specified for the various tests elsewhere in the specifications but in every case the method of selecting samples and the location for selection shall be as approved by the Contracting Officer.Tests shall be made in accordance with the specified testing procedures and/or methods and otherwise as required to provide compliance with all contract requirements. Tests shall be made by independent, commercial testing laboratories approved in writing by the Contracting Officer.Results of all tests shall be recorded on certified test reports of the commercial testing laboratories. Reports shall include a statement that the materials tested do or do not meet the requirements of the Contract specifications. Six copies of all reports shall be forwarded directly to the Contracting Officer for approval within five (5) days of the actual performance of the test. The testing agency shall immediately notify (verbally) the Contracting Officer of any tests that indicate failure to meet the contract requirements.Any item for which test reports show failure to meet all Contract requirements shall be retested as often as required to show full compliance with Contract requirements, at the Contractor’s expense.WARRANTYIn addition to the specific guarantees required by the specifications for certain portions of the work to be performed under this Contract, the Contractor shall furnish a written warranty for all of the work to be performed under this Contract, against defects in materials or workmanship for a period of one (1) year from the date of final acceptance of the completed work by the Government.All work including workmanship, material, and equipment (other than Government furnished equipment) shall be warranted for the full period of standard manufacturer’s warranty, but in no case shall be warranted for a period of less than one (1) year upon notice from the Contracting Officer of any failure during this warranty period, the part or parts shall be replaced promptly with new parts by and at the expense of the Contractor. Whenever the manufacturer of a piece of equipment supplied by the Contractor customarily provides a warranty covering the equipment, the Contractor shall promptly turn over such to the Contracting Officer.Upon completion, the Contractor shall provide the Contracting Officer with five (5) bound sets containing maintenance, repair and operating instructions and parts lists for each piece of installed equipment.CUTTING AND REPAIRINGUnless otherwise specified hereinafter, Contractors shall do all necessary cutting, drilling, fitting and patching of work and corresponding work that may be required to make several parts come together and fit it to receive, or be received, by work of other trades shown upon, or reasonably implied, by the Drawings and Specifications for the completed project.Contractors shall be held responsible for all cutting, replacement, and repairing of work that is due to faulty workmanship and which is not specifically covered by specifications for trades which are affected. Contractors shall also be held responsible for providing, without extra cost to the Government, any small incidental items which are not specifically mentioned in trade specifications, but which are necessary to complete the work in accordance with the drawings, and under the general understanding that the work when completed shall be a finished and workmanlike job.SITE CLEAN UPContractors shall maintain the construction sites in as clean and orderly condition as possible. All refuse and/or salvage material shall be gathered and disposed of periodically to maintain the site in this condition. All roadways within the work area, or used by the Contractor, shall be swept and vacuumed daily to assure safe operation of vehicles. The cleaning operation shall be accomplished with self-propelled sweepers equipped with pick-up devices. The method of cleaning and equipment employed shall be subject to the approval of the Contracting Officer.During and after periods of rain, this construction site may have a very high water table and/or areas of standing surface water. Dewatering techniques are at Contractor’s option; however, the Contracting Officer shall approve the method prior to start of work.Following completion of the work, Contractors shall clean the entire area from any debris and/or excess of misplaced material due to his operation and obtain Contracting Officer’s approval of this finished work.Prior to acceptance of the facility and at such times as directed by the Contracting Officer, Contractors shall thoroughly clean all exposed surfaces of the building where work under this contract was completed.All protective coatings, except lacquers, shall be removed from finish surfaces and the finish surfaces shall be washed and cleaned. Contractor shall be held responsible for all damaged materials, and at completion, shall replace, at his own expense, all such damaged materials.LAYOUT AND GRADESAll lines and grade work not presently established at the site shall be laid out by the Contractor in accordance with the drawings and specifications. Contractors shall maintain all established boundaries and benchmarks and replace as directed any which are destroyed or disturbed.Contractors shall engage the services of a Professional Engineer or Registered Land Surveyor to properly establish all locations, grades, elevations, dimensions, joints, etc., necessary to attain the proper location of all items of work that may be performed under a MATOC. All such items shall be established in relation to the benchmark and control points noted on project drawings.REFUSE AND SALVAGE MATERIALSAll refuse, debris, and construction waste shall be legally disposed of off-site at the Contractor’s expense.All salvage property removed and not reinstalled under this contract shall be returned to the Government at a place designated by the Contracting Officer, or properly disposed of as directed by the Contracting Officer.Non-Hazardous Solid Waste should be diverted to recycling, through appropriate means available to the Contractor, if such diversion is less than or equal to the equivalent cost of land filling or incineration.Contractors shall maintain adequate property control records for all materials or equipment specified to be salvaged. These records may be in accordance with the Contractor's system of property control, if approved by the Contracting Officer.Contractors shall be responsible for the adequate storage and protection of all salvaged materials and equipment, and shall replace, at no cost to the Government, all salvage materials and equipment which are broken or damaged during salvage operations as the result of its negligence, or while in its care. Point of contact concerning Government salvaged items will be identified under the individual task order.TEMPORARY FIELD OFFICESWhen required by the task order RFP, and as soon as practicable after award and through final completion of the work, Contractors shall provide, maintain, and later remove suitable temporary offices for contractor's own use. All field offices shall be painted on the exterior, maintained in good repair, provided with adequate heating, lighting and maintained in a clean and sanitary condition at all times.When required by the task order RFP, Contractors shall provide temporary office space for exclusive use of the Government inspectors, to include Contracted inspectors. This office shall include, as a minimum, as desk, a suitable chair, and access to a phone line at no additional cost to the Government.Contractors are reminded that smoking in buildings and on the grounds of a Government facility, except in designated areas, is prohibitedINTERIM LIFE SAFETY MEASURESWhen requirements for fire protection and/or environment and grounds safety are affected by construction, the specific Medical Center Facilities Department will institute and document interim life safety measures. The interim measures are to be continued and documented so that the level of safety is not diminished in any occupied area, and a safe environment is maintained throughout construction of and/or alteration to buildings and/or grounds. For each project, effective ILSMs will be implemented and continually assessed for appropriateness based on the hazards present.Contracting Officer's Representative (COR) and Contractor Responsibilities. The assigned COR will be responsible for including a copy of the approved station ILSM memorandum in specifications for construction projects. The Contractor will then be responsible for evaluating the project concerning interim life safety measures. If measures are found to be applicable to the project, the Contractor will develop procedures for enforcement and document compliance with the measure.Safety Manager. Unless otherwise expressed, the COR shall assume the role of Safety Officer and be responsible for reviewing the interim life safety measures evaluation sheet for approval.Manager, Facilities Department. Responsible for reviewing the interim life safety measures evaluation sheet for approval and for ensuring the implementation, enforcement, and documentation of the interim life safety measures.Prior to the start of any construction project, the responsible Contractor will evaluate the need for interim life safety measures.The responsible Contractor will complete an ILSM Evaluation Packet and submit it to the COR for approval. The COR will coordinate with the station Safety Manager, Facilities Department Manager to review the packet. Packet details will be provided by the COR prior to commencement of all projects, typically at kick-off or pre-construction meetings.Once necessary ILSMs are implemented, inspect the project daily and record findings in the daily log. Any identified problems with the implemented ISLMs will be abated as soon as possible.All necessary documentation will be maintained in the project files to reflect compliance with this procedure.The project will be continually evaluated for ILSM needs throughout the project as conditions change which may compromise life safety protection elements of the hospital.REFERENCES - 1997 Accreditation Manual for Hospitals, JCAHO.EXCAVATING PERMITSContractors are required to notify the appropriate state agencies prior to securing an excavating permit from the Facilities Office, or other applicable agency before proceeding with any exterior on-site excavating or digging. The Facilities Office must have a minimum of seventy-two 72 hours advanced notice from the Contractor prior to a permit being PRESSED AIRContractors shall provide all compressed air used for work performed under the MATOC including temporary lines and connections, and expected to remove all such temporary lines, at the completion of the work.WEATHER PROTECTION AND TEMPORARY HEATINGContractors shall provide and maintain weather protection as may be required to properly protect all parts of the structure from damage during construction.Contractors shall be responsible for repairs and maintenance to the heating system or units during the period during progress of building construction and shall deliver the same to the Government, at termination of such use, in perfect condition, cleaning out all air ducts and replacing all filters. Any temporary heating shall be provided at the expense of the Contractor.BLOCKING-OFF STREETSAt least seventy-two (72) hours prior to the blocking of any street, or as designated by the task order documents, Contractors shall advise the COR, appropriate safety staff, and the Police Service of his intentions, identifying the location and the estimated time of closure. There shall be no closures of any street without at least eight (8) days of prior notification to the COR, and appropriate Safety staff, Security Officer and the Contracting Officer.ARCHEOLOGICAL, PALEONTOLOGICAL AND ENDANGERED SPECIES FINDSAny archeological finds (evidence of human occupation) or paleontological finds (evidence of prehistoric plant or animal life) are to be reported to the Contracting Officer immediately and the contractor shall stop work in the area of the archeological or paleontological finds. The contractor may continue work in other areas without interruption. Protect native endangered flora and fauna and notify Contracting Officer of any construction activities that might threaten endangered species or their habitats.SPECIAL CONDITIONSAny Contractor’s equipment that causes or generates electro-magnetic disturbances or interference shall be removed from service until properly repaired. The Contracting Officer may also require repositioning or removal of the equipment from the MERCIALLY OWNED/OPERATED RADIOACTIVE SOURCES USED ON VA PROPERTYWhen using radioactive sources for soil compaction tests or stress/support studies for detection of structural/weld defects in structural framing, pressurized pipe, vessels, etc., the contractor shall comply with all applicable nuclear laws and regulations and the contractor shall comply with the following requirements.Prior to bringing the radiation generator on to the Medical Center locations, the Contractor shall provide the Contracting Officer with the following information/documentation, as a submittal, for review and approval:A copy of the Radioactive Source Permit with operational use conditions/restrictions with expiration date or a Certification of Exemption from licensure from the Nuclear Regulatory Commission (NRC) or Agreement State (AS).A current list of trained and qualified employees that will be using the radioactive source.The name of the Permit Radiation Safety Officer (PRSO), emergency contact telephone number, and current address for each source used.Operating instruction(s)/technical order(s) for the equipment that contains the radioactive source.Designated storage location of the radioactive source if it remains overnight.Proposed marking of the storage location if it exceeds 2mR/hr as measured at the surface of the storage container.A copy of the company Radiation Safety Program.Emergency Response Plan in case of an emergency for a lost or damaged source and/or over exposure incident/injury.Provide the portion of their contract that identifies the location(s) of where the source will be used, for how long, and for what type use.The Contracting Officer will obtain approval from the proper office having jurisdiction. After approval is received for use of the specific radiation generator, the Contractor shall:Meet proper Department of Transportation (DOT) and NRC shipping criteria to include properly filled out shipping manifest(s), container marking/labels, and placards on the vehicle as needed when transporting the source onto and around site. His documents shall also allow him to remove the source from the site also when needed. The source and the activity shall dictate which DOT and NRC regulations and CFR are applicable. These include, but not limited to 10 CFR parts 19, 20, 21, 30, 33, 34, & 71 for the permit and operation itself; 29 CFR 1910, 1096 for occupational safety and health activities when using the instrument; 40 CFR part 190 for environmental protection activities; 49 CFR parts 172 & 173 for transporting the instrument, and if the source is lost or stolen 10 CFR parts 30, 40, 50, 70, 73 & 150.Limit authorized use of radio-luminescent signs and markers to areas with low occupancy and where electrical power is not available except at prohibitive cost.Contractors shall not:Buy radioactive materials or accept radioactive materials into the VA inventory without VA approval.Buy or use radium without VA approval.Buy radio-luminescent signs and markers solely for energy conservation in general administrative, industrial, and housing applications.The Contracting Officer or his representative reserves the right to inspect work sites and terminate/suspend any operation involving a radioactive source deemed to be unsafe IAW applicable laws, rules and federal regulations.HAZARDOUS MATERIAL USAGEThe Contractor shall establish hazardous material (HM) storage and distribution system when HM is to be used. All HM required to support the contract shall be reported using the Contractor HM Identification Form to the Contracting Officers Representative (COR), who will in turn notify the GEMS office or other applicable personnel. The Contractor HM Identification Form will be provided to the Contractor at or prior to the Pre-Construction meeting. Additional HM needed by the Contractor shall be identified to the (COR) for approval by the GEMS office.Contractors planning to use HM for the work must register, through the COR, with the Medical Center Safety Office, prior to start of work in order..Contractors shall maintain a Contractor HM Identification Form for HM on the job site for inspection/verification.Contracting Officer's Representative will verify that the HM identified to HMP is the only HM in use on the job site.Contractors shall provide the following to the HMP:Provide a list of each material and quantity of material for all proposed HM. Hazardous Material (HM) shall be construed to mean any item that is:A health hazard or physical hazard as defined in 29 CFR, 1910.1200(c).Regulated in its disposal by EPA per 40 CFR.Hazardous as defined by DOT regulations per 49 CFR.Hazardous as defined by the Dangerous Goods Regulations of the International Air Transport Association.Provide a material safety data sheet (MSDS) for each item on the list.Typical examples of hazardous materials used on the job site include, but are not limited to:Petroleum based liquids/gases (gasoline, kerosene, diesel, propane, butane, acetylene, etc.)ExplosivesAdhesives and gluesShot charges for anchor systemsVolatile solvents (such as PVC cleaner and glues, paint thinners)Non-water based paintsLiquid sealantsEpoxies and coating systemsAcidic or alkali cleanersContractors shall establish their own HM storage and issue location that complies with federal, state and local environmental regulations. Materials issued shall be tracked for quantities used. Unused materials shall be inventoried and removed from the Medical Center prior to close out of the contract or expiration date of the HM. Reports of material delivered, used and removed from the installation shall be submitted to the Contracting Officer monthly and prior to contract closeout.Contractors must comply with all federal, state and local environmental standards.Contractors shall accompany the contracting officer’s representative (COR) and the Medical Center’s Environmental Manger (EM) on project closeout inspection to ensure all used and unused HM has been removed from the installation. This requirement shall not be a punch list item and must be accomplished prior to the Government accepting beneficial occupancy of the facility or construction item.Any material suspected of being hazardous that is encountered during performance of a project shall immediately be brought to the attention of the Contracting Officer, at which time a determination will be made as to whether hazardous material testing shall be performed. If the Contracting Officer directs the Contractor to perform tests, and/or the material is found to be of a hazardous nature requiring additional protective measures, a task order modification may be required, subject to equitable adjustment under the terms of the contract.Contractors are advised that friable and/or non-friable asbestos-containing material may be encountered in project areas and will be specified in individual Task Orders. Friable asbestos-containing material is any material that contains more than one percent asbestos by weight, and, that hand pressure can crumb, pulverize or reduce to powder when dry. Non-friable asbestos-containing materials are materials in which asbestos fibers are bound by a matrix material, saturate, impregnate or coating. Non-friable asbestos-containing materials do not normally release airborne asbestos fiber during routine handling and end-use. However, excessive fiber concentrations may be produced during uncontrolled abrading, sanding, drilling, cutting, machining, removal, demolition, or other similar activities. 29 CFR 1910.1001 shall be referenced in the event asbestos-containing materials are encountered. Friable asbestos-containing materials are not authorized for use in new construction or maintenance projects. CONTRACTOR HAZARDOUS MATERIAL IDENTIFICATION FORMPART IDate:This part is to be completed by Contractor prior to the construction start date, and shall be maintained on the job site.Contractor Company: Proposed work term:(date)to (date) Contractor Point of Contact:(full name or names, phone/cell/pager numbers, Phone number: -emergency 24-hour contact number, etc.)Submittal InformationStorage and Usage InformationIHM to be used: MFG./ProductMSDSAttached (Yes/No)Amount on Site*, Transient or StoredAmount Used Up in ProcessUsed or Unused Amount Removed from ANG installationNote: This form is good for a one month period and is to be submitted to the Medical Center’s Environmental Manger. All HM (hazardous material) used thereafter will be identified to the Contacting Officer's Representative for approval by the Environmental Manager. See Part II for Contractor close-out procedures. The Environmental Manger phone number is (608) 256-1901 extension x17427.*Transient amount reflects amount brought on site daily, but not stored overnight. Use separate lines for transient and storage amounts.Team Approval Signatures & Date:COR (Contracting Officer's Representative)EM (Environmental Manager)SO (Safety Officer)CONTRACTOR HAZARDOUS MATERIAL IDENTIFICATION FORM CLOSE-OUT PROCEDURESPART II(Attach this part to Part I )The Contractor shall accompany the Contracting Officer's Representative and the Environmental Manager on the close-out inspection to ensure all used and unused HM has been removed from the installation.Close-out Approval Signatures & Date:COR (Contracting Officer's Representative)EM (Environmental Manager)SO (Safety Officer)ENVIRONMENTAL IMPACTAll waste materials generated by any work under the contract performed on a Government installation shall at all times be handled, transported, stored, and disposed of by the contractor and by his subcontractors in accordance with all applicable Federal, VA, State, and local laws, ordinances, regulations, court orders, and other types of rulings having the effect of the law, including, but not limited to:Executive Order 12088, 13 October 1978.Federal Compliance with Pollution Control Standards.Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 ET SEQ).Clean Air Act as amended (42 U.S.C. Sec 7401 ET SEQ).Endangered Species Act, as amended (16 U.S.C. Sec 1531, ET SEQ).Toxic Substances Control Act, as amended (15 U.S.C. Sec 2601, ET SEQ).National Historic Preservation Act, as amended (16 U.S.C. Sec 470, ET SEQ).Solid Waste Disposal Act, as amended (42 U.S.C. 6901 ET SEQ).Archaeological and Historic Preservation Act, as amended (16 U.S.C. Sec 469, ET SEQ).Should the United States Government be held liable for any neglect or improper actions by the contractor or any sub-contractor regarding removal or disposal of any hazardous waste, the contractor shall reimburse the Government for all such liability.POLLUTION ABATEMENTAll work shall be performed in a manner minimizing pollution of air, water and land as required.Transporting materials to or from the site shall be accomplished in a manner preventing materials or particles from becoming airborne. Earth materials shall be wetted or otherwise protected. Gravel, sand and concrete shall be contained within vehicles to prevent spillage. Tarpaulins must be fastened over load before entering surrounding streets. Removal of any materials dropped or blown off vehicles shall be the responsibility of the Contractor.Burning of any material is strictly prohibited.Stream beds, lakes, drainage ways, sanitary and storm sewers, etc., shall not be polluted by fuels, oils, bitumen, acids or other harmful materials. Grading shall be accomplished to prevent surface drainage from the construction site containing harmful amounts of sediment from draining onto adjacent areas.Flushing on concrete trucks is restricted to the location specifically pre-approved for this purpose by the Contracting Officer’s Representative.Excess mortar, plaster or drywall materials shall not be disposed of on Government property. Water utilized for plastering or drywall equipment shall be disposed of in accordance with the instructions of the COR, and under no circumstances shall water be disposed of in areas which are planted or scheduled to be planted.WORK BY THE GOVERNMENTThe Government reserves the right to undertake performance by Government forces, for the same type or similar work as contracted herein, as the Government deems necessary or desirable, and to do so will not breach or otherwise violate this contract.IDENTIFICATION OF VEHICLES AND PERSONNELVehicles: Highway vehicles owned or leased by Contractors shall be furnished with identifying markings reflecting minimally, the Contractor's name, home city and local phone number. Personal Vehicles must be registered with the medical center.Personnel: Contractor's workmen shall have legal identification (picture ID) on them at all times while working on the Government project.EQUIPMENT REPORTContractors shall furnish, unless directed otherwise, upon completion of the project “Real Property Installed Cost” form in triplicate, of all equipment installed in the facility, and the installed cost of each item. Furthermore, the listing shall include the location of each item and nameplate date.Typically, the listing shall include: air conditioners, air handling units, condensers, fans, pumps, air compressors, transformers, unit heaters, regulators, direct current power supplies, latrine fixtures, motors, engines, motor or engine-driven equipment, cranes, drinking fountains, sinks, water coolers, generators, space heaters, water heaters, refrigerators, freezers, coolers, meters, gas detectors, humidifiers dehumidifier, air purifier, ovens, power units, fuel tanks, water tanks, elevators, welders, recorders, reels, scales, hydrants, intrusion detection equipment, fire detection and alarm equipment, emergency light sets, emergency eye wash, deluge showers, washers, dryers, dishwashers, bridge cranes, and like items of equipment.Final payment will not be made to the Contractor until the Government has received and approved the listing. The Contractor shall use the “Real Property Installed Cost” form provided to him in the Construction Contractor Guide or given to him at the Pre-performance Conference.INDEMNIFICATIONContractors shall be liable for, and shall indemnify and hold harmless the Government against, all actions or claims for loss of or damage to property or the injury or death of persons, resulting from the fault, negligence, or wrongful act or omission of the Contractor, its agents, or employees-End of this Section-PART B – MATOC RFP PROPOSAL PREPARATION INSTRUCTIONSPROPOSAL PREPARATION INSTRUCTIONS (MATOC)These instructions prescribe the format of proposals and the development and presentation of the proposal data. These instructions are designed to ensure the proper submission of information necessary to provide for comprehensive evaluation of proposals. Offerors shall carefully review this section prior to commencing proposal preparation, and take the necessary measures to ensure that the information submitted is factual, accurate, and complete.In order for a proposal to be considered, Offerors must strictly comply with all instructions outlined in this solicitation. Failure to furnish proposals that comply with the instructions, at the predetermined due date for submission, shall result in elimination from consideration for award. Furthermore, all solicitation amendments (if any) must be acknowledged in accordance with FAR Clause 52.215-1--Instructions to Offerors.SUBMISSION INSTRUCTIONSOne electronic copy of all Sections of the proposal (Past Performance, Quality, and Price) shall be submitted to the Contracting Specialist on a CD-ROM on or before the due date. Offerors are encouraged to ship electronic proposal CD in the same package with their hard copy proposals.In addition, to the electronic submission, three (3) hard copies are to be provided on or before the due date to the following address:Department of Veterans AffairsNetwork Contracting Office 12 (NCO 12) ATTN: Jeff Gerbensky 115 84th Street, Suite 101Milwaukee, WI 53214Faxed proposals are not permitted under any circumstances.In the event that discrepancies between the original hard copies and the electronic versions of proposals arise, the original hard copies shall prevail.Offerors MUST mark the front of the envelope/box containing the proposals as follows:<Company Name>MATOC BASE IDIQ PROPOSALIron Mountain VA Medical CenterVA69D-15-R-0064COMPETITIVE SOLICITATION --TO BE OPENED BY ADDRESSEE ONLYPROPOSAL DUE DATE SCHEDULEProposals are due by the date and time set for the receipt of proposals shown in Block 13 of the SF 1442.PROPOSAL FORMATAll commitments made in the proposal may become a part of the resultant contract. The data submitted with each proposal should be complete and concise, but not overly elaborate. Excessive reliance on promotional brochures is discouraged.Volume 1 contains two sections (Past Performance and Quality Analysis). Sections shall not exceed the page limits stated herein. If the page limits are exceeded, the pages in excess of the limit will not be read or considered. Page limits for the Past Performance Section is eighteen (18) pages. Page limits for the Quality Analysis Section is twenty (20) pages. Volume 2 contains Seed Project Pricing information. There is no page limit as the Offeror is encouraged to provide a detailed cost breakdown for the Seed Project requirements.Page Limits Shall Include: All appendices, charts, graphs, diagrams, tables, photographs, drawings, etc. except as noted in the instructions. Type size will not be smaller than Microsoft Word Times New Roman 11 point font, normal proportional spacing. Text lines will be single-spaced.Written proposals shall be prepared on standard 8.5 x 11 inch paper (charts may be landscaped but must be on 8.5 x 11 inch paper) and shall be in a legible font size (11). All pages of each proposal shall be appropriately numbered, and identified with the RFP number. For ease of reference, consecutive page numbering with tabs is required.Electronic Copy: Provide one (1) electronic copy of the complete proposal (Volumes 1 and 2). Electronic copies that are to be submitted on CD-ROM must be saved in Microsoft Word or Adobe Acrobat format, and virus checked prior to submission.Binding: Elaborate format and binding are neither necessary nor desirable. All binders will be capable of lying flat when opened. The cover and spine of each binder will clearly identify the Offeror’s name, volume number, RFP number, RFP title and copy number, (e.g. copy 2 of 3). The original for each volume will be clearly identified (Original) on the cover and the spine. All binders will allow for easy removal and replacement of pages.Indexing: Each volume will contain a “Table of Contents” for that volume. The “Table of Contents” will identify major areas, paragraphs and subparagraphs by number and title as well as by page number and volume locations. Tab indexing will be used to identify Sections as appropriate. Table of Contents and Tab indexes do not count toward page limitation.Offerors may, at the discretion of the Government, be asked to provide information for clarification purposes regarding their proposals. Requests for such clarification information do not constitute discussions.The Offeror shall be held responsible for the validity of all information supplied in his/her proposal, including information provided by potential subcontractors. Should subsequent investigation disclose that the fact and conditions were not as stated, the proposal may be rejected and receive no further consideration.If revised proposals are requested, the number of revised copies to be submitted shall be the same as those of initial proposals.PROPOSAL VOLUME CONTENTSVolume Breakdown Requirements:5.1.a - Volume 1 shall include PAST PERFORMANCE and QUALITY ANALYSIS details5.1.b – Volume 1 shall NOT include and information on pricing directly related to the Seed Project.Volume 1 - COVER & 1ST PAGE:<Company Name>MATOC BASE IDIQ PROPOSALIron Mountain VA Medical CenterVA69D-15-R-0064VOLUME 1:PAST PERFORMANCE and QUALITY ANALYSISVolume 1, Part 1 - PAST PERFORMANCE Index TABTITLE 1Performance Relevancy Questionnaire (Solicitation Attachment 1) 2Subcontractor Information Consent Form (Solicitation Attachment 3) 3Self-Performed Trades and Technical Capabilities 4Rebuttal Information to Negative Past Performance (If applicable) 5Past Performance Client Reviews (VA shall insert Client Reviews they received)Volume 1, Part 2 – QUALITY ANALYSIS IndexTABTITLE1Contractor General Information (Attachment 4)2Financial Disclosure Information (Attachment 5)3Contractor OSHA & EMR Information (Attachment 6)4Capability and Experience (General and Medical)5Scheduling Methodology6Quality Control7Safety Plan 5.1.c - Volume 2 - COVER & 1ST PAGE: <Company Name>MATOC BASE IDIQ PROPOSALIron Mountain VA Medical CenterVA69D-15-R-0064VOLUME 2: PRICEVolume 2 – PRICE IndexTAB1Completed SF 1442 (SF-1442 -Pages 1 and 2) with Solicitation Attachment 7a – Bid Schedule and Bid Tabulation Form any Amendments issued)2Cost Breakout (breakout required for all elements that have a value of $1,000 or more. Breakout to include task description, labor classification, number of hours, labor rate, material description, material unit price, material units/quantity required, equipment rental rates and rental duration, & subcontractor quotes. Sub quotes should contain the same breakout information in over $1,000.)3Contractor Surety Limitations (Attachment 8)Volume 1, Part 1 - PAST PERFORMANCE Section: Offerors shall provide information to demonstrate a history of performance that reveals experience in performing multidiscipline work that is similar in scope, size, and complexity to the categories of construction stated in the solicitation.Performance Relevancy Questionnaires (Solicitation Attachment 1) provided to the VA shall be limited to eighteen (18) pages.Offerors shall prepare and submit to prior clients a Past Performance Client Questionnaire (Solicitation Attachment 2) and instruct the clients to forward directly to the contracting office via e-mail to the address below. The due date for receipt of Past Performance Questionnaires from previous and current customers shall due be on or before the proposal due date shown in Block 13 of the SF 1442. Offerors shall be responsible for ensuring previous and current customer Past Performance Client Questionnaires are delivered to the Contracting Officer on or before the proposal due pleted Past Performance Client Questionnaire from previous and current customers (Solicitation Attachment 2) shall be sent to the contracting office via e-mail ONLY to: Jeffrey.gerbensky@Questionnaires must be submitted by the Offerors previous and current clients/evaluators directly to the contracting office. Offerors should follow-up and encourage references to get the questionnaires to the Contracting Officer in a timely manner. Do NOT include copies of these transmittal letters, or communications or questionnaires in the proposal.Offerors lacking relevant past performance experience may submit information regarding predecessor companies, key personnel who have relevant experience or subcontractors that will perform major or critical aspects of the requirement if such information is relevant to this acquisition. Such information shall, as a minimum, include: Name(s) of Predecessor Company/Subcontractor and/or Key Personnel and include: Complete Address and Point of Contact; Telephone, Fax Number and email address; and a brief synopsis of the experience (a resume may be submitted for "Key Personnel") and relevancy to this project.Offerors are advised that the Government may use all data provided by the Offeror in this volume and data obtained from other sources, including, but not limited to, Government–wide databases, rely upon personal business experience with the Offeror, in the development of performance confidence assessments. Past Performance information on contracts not listed by the Offeror, or that of planned subcontractors, may also be evaluated. The Government may contact references provided by the Offeror, as well as any other source it identifies, and information received may be used in the evaluation of the Offeror’s Past Performance. While the Government may elect to consider data obtained from other sources, the burden of providing current, accurate and complete Past Performance information rests with the Offeror.In order to establish relevancy, Offerors shall provide references for projects which employed similar construction methods; had similar project complexity and scope; and were performed in similar conditions to those anticipated for the SEED Project.The information gathered shall address relevant contracts awarded within the last three (3) years of the MATOC proposal due date.The Performance Relevancy Questionnaire, not to be confused with the Past Performance Client Questionnaire, shall be used as the principal means of gathering relevancy information.Offerors should include with their proposal information problems encountered on the identified contracts and the Offeror’s correction actions. Include construction awards, customer letters of commendation, etc., with points of contact and telephone numbers. If proposing as a joint venture, a copy of the executed joint venture agreement shall be included with the proposal.Any Teaming Partner must complete an Attachment 3 form, “Subcontractor Information and Consent Form” to be considered for relevant experience. Written references for subcontractors may be included and are encouraged to do so, however, subcontractors do NOT need to provide Past Performance Client Questionnaires. Multiple subcontractors may be named for the same discipline, but shall be limited to a maximum of three (3) subcontractors per discipline.The Government reserves the right to request additional reference contact information for subcontractors, as necessary, through the clarification process to complete the evaluations. Such information, if obtained, shall be considered clarifications and not discussions.Offerors shall provide a list of self-performed trade work that is accomplished on their typical construction contracts. Offerors shall provide the percentage of self-performed field labor costs vs. subcontractor field labor costs. Field labor costs do not include salaried superintendents, safety officers and project managers. As this is a Service-Disabled Veteran-Owned Set-Aside (SDVOSB), Offerors shall provide a detailed breakdown of how at least 15% of the cost of contract performance will be spent on the Offeror’s employees or the employees of other eligible SDVOSBs. Service-Disabled Veteran Owned Small Business being able the percentage of work completed by themselves and the specific trades VOLUME 1, Part 2 QUALITY ANALYSIS Section - General Instructions: The Quality Analysis volume should include necessary information regarding the Offeror’s ability to perform complete requirements outlined in the solicitation. Failure to provide a Quality Analysis proposal in accordance with the solicitation instructions shall render an Offeror’s proposal incomplete and ineligible for award.Quality Analysis Proposals shall not include price or pricing information, and shall be limited to twenty (20) pages for consideration.In no case shall statements such as “we comply with the requirements of the contract” or its equivalent be acceptable to meet the requirements of this request for proposal. A proposal that merely reiterates or promises to accomplish the requirements of the RFP will be considered unacceptable.Performance of Work by the Contractor. Resulting task orders will require a minimum of 15% of the work to be self-performed (General Construction). Firms must be capable of self-performing at least the minimum of 15% on projects issued via individual task orders. The contracts resulting from this solicitation are not intended for construction management firms.Capability, Organization and Experience should include detailed information about key personnel and major subcontractors who will be working on task orders awarded under this contract. Information provided should demonstrate experience in BOTH general construction as well as medical/health care facility construction. Offeror should demonstrate their limits as to how many task orders they can simultaneously successfully complete based on employee availability and surety limitations. Scheduling Methodology shall demonstrate how an Offeror intends to maintain task order schedule requirements including pre-mobilization contractual requirements, project schedule submittals, coordinating multiple trade work, maintaining critical paths, schedule updates and procedures for recouping days lost time when critical path activities are late.Quality Control details should include standard procedures the Offeror follows to ensure all work complies with specifications, drawings and coed requirements and true examples of how the problems were identified and corrected in a timely and acceptable methodology. Safety Plan details should include detailed procedures for how the Offeror ensures all employees are properly trained of OSHA construction safety requirements. Details should also include and how safety requirements are monitored and enforced to ensure safety to construction workers as well as the hospital patients, visitors and employees. VOLUME 2 – PRICING: For this Seed Project RFP, the contract shall submit a signed form SF-1442 (pages 1 & 2), along with all solicitation amendments issued by VA (also signed), and a completed bid schedule and bid tabulation form as found in Attachment 7a of this solicitation. Offerors shall provide a cost breakdown with sufficient details on pricing information to provide a meaningful basis for Government's analysis and evaluation of price for the Seed Project chosen for this solicitation. A cost breakout is required for all work tasks that have a value of $1,000 or more. Breakout to include work task description, labor classification, number of hours, labor rate, material description, material unit price, material units/quantity required, equipment rental rates and rental duration, & subcontractor quotes. Sub quotes should contain the same breakout information in over $1,000.) The Government does not intend to request certified cost or pricing data for the Seed Project. PART C – EVALUATION FACTORS & BASIS FOR AWARD OF MATOC BASE CONTRACTS BASIS FOR AWARD OF MATOC IDIQ BASE CONTRACTSThe Government estimates awarding a minimum of two (2) MATOC awards to Offerors that conform to the proposal requirements set forth in the RFP, and represent the best value to the Government. For the purposes of this solicitation, best value is defined as the most advantageous offer, price and other factors considered, that is consistent with the Government's stated importance of evaluation criteria.BASIS FOR AWARD (SEED PROJECT): The SEED project shall NOT be awarded. It is being used for evaluation purposes only.Past Performance and Quality Analysis factors are of equal importance, but when combined are significantly more important than Price alone. 1.4While the Government and the Contracting Officer will strive for maximum objectivity, the evaluation process, by its nature, is subjective and therefore, professional judgment is implicit throughout the entire evaluation process.The source selection process will be conducted utilizing the Tradeoff source selection process in accordance with FAR 15.101-1. Offers will be evaluated using the criteria listed in “Evaluation Factors for Award.”The Contracting Officer will conduct proposal compliance review for determination of basic proposal adequacy prior to providing the proposals to the board. Non-compliance with the RFP requirements may be grounds to eliminate the proposal from consideration for contract award.Although the assessment of Past Performance as a specific evaluation factor is separate and distinct from the Determination of Responsibility required by FAR Part 9, Past Performance information obtained herein will be used during the Government’s responsibility determination. The Government also reserves the right to obtain additional information solely for the purpose of making a responsibility determination from all Offerors after receipt of proposals. Requests for responsibility information do not constitute discussions.ENFORCEABILITY OF PROPOSAL: The proposal must set forth full, accurate and complete information as required by this solicitation. The Government will rely on such information in the award of a contract. By submission of the offer, the Offeror agrees that all items proposed will be utilized for the duration of the contract and any substitutions (e.g., key personnel, subcontractors, plans, etc.) shall require Contracting Officer's approval. The Offeror shall be held responsible for the validity of all information supplied in his/her proposal, including that provided by potential subcontractors. Should subsequent investigation disclose that the fact and conditions were not as stated the proposal may be rejected and removed from consideration for award.The Government reserves the right to reject any or all proposals at any time prior to award if such action is in the Government's best interest.EVALUATION FACTORSThe evaluation factors that shall be used to evaluate Offeror proposals for the MATOC solicitation are as follows:Evaluation Factor 1 – Past Performance Evaluation Factor 2 – Quality AnalysisEvaluation Factor 3 – PriceNOTE: Past Performance and Quality Analysis factors are of equal importance, but when combined are significantly more important than Price.FACTOR 1 – PAST PERFORMANCEIn evaluating the Overall Past Performance of each Offeror’s proposal, the Government shall use the following adjectival ratings. The three Subfactors for the Overall Past Performance Rating include RECENCY, RELEVANCY and PROJECT SPECIFIC PERFORMANCE.Each Offeror shall provide a maximum of no more than three contract references from previous contract customers. Each contract reference shall be rated for regency, relevancy, and performance in accordance with FAR 15.305(a)(2).FACTOR 2 – QUALITY ANALYSISThe Quality Analysis approach factor shall be comprised of a detailed presentation of the Offeror’s background and capabilities in the following categories:Quality Analysis SubfactorsCapability, Organization and Experience Scheduling MethodologyQuality ControlSafety PlanFACTOR 3 - PRICE Offerors have been provided a SEED project on which to submit a price proposal for evaluation. The Government will evaluate the detailed SEED project price proposal to determine whether pricing is realistic for the work described and reflects a clear understanding of the requirement.PRICE EVALUATIONThe purpose of Price evaluation is to provide an assessment of proposed prices in relation to the evaluation criteria listed below. The price specified in the SEED project as submitted by an offeror will be used by the Government for evaluation purposes only. The SEED project will NOT be awarded as a part of this solicitation, but may be re-solicited at a future date amongst successful MATOC contract awardees.Price proposals will be evaluated to determine if the prices and support costs are:Complete – The proposal contains costs to perform all tasks required by the Statement of Work (SOW)/Specifications.Realistic – The compatibility of proposal costs with scope of work and level of effort.Reasonable – The price is determined fair and reasonable using cost or price parison – The comparison of the lump sum prices from each Offeror’s Seed project price proposal.The Government will conduct an evaluation of each Offeror’s SEED project price proposal to determine whether or not each proposal complies with the stated criteria. Those proposals evaluated as not satisfying all of the price/cost criteria may be eliminated from consideration for award unless the Contracting Officer determines:A minor clerical error has occurred, then the Offeror may be given an opportunity to correct the minor error within the constraints of the "clarifications" process or; The Contracting Officer determines discussions are required.Any inconsistency, whether real or apparent, between proposed performance and price must be clearly explained in the price proposal. For example, if unique and innovative approaches or conditions are the basis for an unbalanced and or inconsistently priced proposal, the nature of these approaches and their impact on price must be completely documented. The burden of proof of Price realism rests solely with the PETITIVE RANGEThe Government reserves the right to limit for purposes of efficiency, the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals (10 U.S.C.2305(b)(4) and 41 U.S.C.253B(d)). The Contracting Officer’s right to limit the number of proposals will be exercised in compliance with FAR 16.505. If the Contracting Officer, decides that an Offeror’ s proposal should no longer be included in the competitive range, the proposal shall be eliminated from consideration for award and written notice of the decision shall be provided to the unsuccessful Offeror in accordance with FAR 15.503. DISCUSSIONSTo maximize the Government’s ability to obtain best value, based on the requirements and the evaluation factors set forth in this RFP, it may be necessary to conduct discussions. If discussions are necessary due to perceived weaknesses or other issues, which must be addressed before award, they will be conducted with only those Offerors determined to be within the competitive range. Discussions may be conducted either orally or in writing. The scope and extent of discussions are a matter of contracting officer judgment.Accordingly, Offerors are advised to submit initial proposals which are fully and clearly acceptable and without the need for additional information. The competitive range, if required, may be reduced for purposes of efficiency pursuant to FAR 15.306(c)(2). Offerors may be restricted to a short turnaround (i.e., less than 24 hours) in responding to the contracting officer during any discussion period.FINAL PROPOSAL REVISIONSIf discussions are conducted, final proposal revisions will be required in determining the award of a contract resulting from this RFP. Offerors may be required to respond with their final proposal revision within 24 to 48 hours. However, the Government reserves the right to award a contract without discussions or opportunity for proposal revisions, in which case, final proposal revisions will not be required.REJECTION OF UNREALISTIC OFFERSThe Government may reject any proposal that is evaluated to be unrealistic in terms of program commitments, contract terms and conditions, or unrealistically high or low in price when compared to Government estimates, such that the proposal is deemed to reflect an inherent lack of competence or failure to comprehend the complexity and risks of the program.AWARD DECISIONAs a result of this solicitation, the Government estimates awarding a MINIMUM of two IDIQ contracts. The Government may award additional MATOC IDIQ contracts under separate solicitations in an effort to establish a pool of potential competitors for future task orders. The Government is under no obligation to mirror the scope of the SEED project described in this RFP for any future RFP requirement.7.1 Under each Evaluation Factor there are multiple subfactors. Each subfactor shall vary in importance when determining how the overall Evaluation Factor will be rated. When developing the overall Offeror’s Evaluation Rating, Past Performance and Quality Analysis are of EQUAL importance. However, when combined, they are SIGNIFICANTLY MORE IMPORTANT THAN PRICE.DEBRIEFINGSOfferors excluded from the competitive range or otherwise excluded from the competition before award may submit a written request for a debriefing to the Contracting Officer in accordance with FAR 15.505.After award, unsuccessful Offerors may submit a written request for a debriefing to the Contracting Officer in accordance with FAR 15.506.END OF SECTIONINSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS2.1 NOT APPLICABLE2.2 NOT APPLICABLE2.3 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a Firm-Fixed-Price, Indefinite Quantity contract resulting from this solicitation.(End of Provision)2.4 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation. (2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer. (b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer. (2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.(End of Provision)2.5 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 trade1.0 %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" isState of MichiganDickinson CountyCity of Iron Mountain(End of Provision)2.6 52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2014)(a) Definitions. As used in this clause--“United States'' means the 50 states and the District of Columbia.“Worker''—(1) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 13658, and(i) Whose wages under such contract are governed by the Fair Labor Standards Act (29 U.S.C. chapter 8), the Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV),(ii) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541,(iii) Regardless of the contractual relationship alleged to exist between the individual and the employer.(2) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c).(3) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship.(b) Executive Order Minimum Wage rate. (1) The Contractor shall pay to workers, while performing in the United States, and performing on, or in connection with, this contract, a minimum hourly wage rate of $10.10 per hour beginning January 1, 2015.(2) The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2016 and annually thereafter, to meet the Secretary of Labor's annual E.O. minimum wage. The Administrator of the Department of Labor's Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than 90 days before the effective date of the new E.O. minimum wage rate. The Administrator will also publish the applicable E.O. minimum wage on (or any successor Web site) and on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute. The applicable published E.O. minimum wage is incorporated by reference into this contract.(3)(i) The Contractor may request a price adjustment only after the effective date of the new annual E.O. minimum wage determination. Prices will be adjusted only if labor costs increase as a result of an increase in the annual E.O. minimum wage, and for associated labor costs and relevant subcontract costs. Associated labor costs shall include increases or decreases that result from changes in social security and unemployment taxes and workers' compensation insurance, but will not otherwise include any amount for general and administrative costs, overhead, or profit.(ii) Subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2). Contractors shall consider any subcontractor requests for such price adjustment.(iii) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this clause, and will not provide duplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute.(4) The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause.(5) A pay period under this clause may not be longer than semi-monthly, but may be shorter to comply with any applicable law or other requirement under this contract establishing a shorter pay period. Workers shall be paid no later than one pay period following the end of the regular pay period in which such wages were earned or accrued.(6) The Contractor shall pay, unconditionally to each worker, all wages due free and clear without subsequent rebate or kickback. The Contractor may make deductions that reduce a worker's wages below the E.O. minimum wage rate only if done in accordance with 29 CFR 10.23, Deductions.(7) The Contractor shall not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Labor Standards statute, the cash equivalent thereof.(8) Nothing in this clause shall excuse the Contractor from compliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance establishing a minimum wage higher than the E.O. minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart.(9) The Contractor shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate.(10) The Contractor shall follow the policies and procedures in 29 CFR 10.24(b) and 10.28 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips.(c)(1) This clause applies to workers as defined in paragraph (a). As provided in that definition--(i) Workers are covered regardless of the contractual relationship alleged to exist between the contractor or subcontractor and the worker;(ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c) are covered; and(iii) Workers who are registered in a bona fide apprenticeship program or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship, are covered.(2) This clause does not apply to--(i) Fair Labor Standards Act (FLSA)-covered individuals performing in connection with contracts covered by the E.O., i.e. those individuals who perform duties necessary to the performance of the contract, but who are not directly engaged in performing the specific work called for by the contract, and who spend less than 20 percent of their hours worked in a particular workweek performing in connection with such contracts;(ii) Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S.C. 213(a) and 214(a) and (b), unless otherwise covered by the Service Contract Labor Standards statute, or the Wage Rate Requirements (Construction) statute. These individuals include but are not limited to--(A) Learners, apprentices, or messengers whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(a).(B) Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(b).(C) Those employed in a bona fide executive, administrative, or professional capacity (29 U.S.C. 213(a)(1) and 29 CFR part 541).(d) Notice. The Contractor shall notify all workers performing work on, or in connection with, this contract of the applicable E.O. minimum wage rate under this clause. With respect to workers covered by the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, the Contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes. With respect to workers whose wages are governed by the FLSA, the Contractor shall post notice, utilizing the poster provided by the Administrator, which can be obtained at whd/govcontracts, in a prominent and accessible place at the worksite. Contractors that customarily post notices to workers electronically may post the notice electronically provided the electronic posting is displayed prominently on any Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to workers about terms and conditions of employment.(e) Payroll Records. (1) The Contractor shall make and maintain records, for three years after completion of the work, containing the following information for each worker:(i) Name, address, and social security number;(ii) The worker's occupation(s) or classification(s);(iii) The rate or rates of wages paid;(iv) The number of daily and weekly hours worked by each worker;(v) Any deductions made; and(vi) Total wages paid.(2) The Contractor shall make records pursuant to paragraph (e)(1) of this clause available for inspection and transcription by authorized representatives of the Administrator. The Contractor shall also make such records available upon request of the Contracting Officer.(3) The Contractor shall make a copy of the contract available, as applicable, for inspection or transcription by authorized representatives of the Administrator.(4) Failure to comply with this paragraph (e) shall be a violation of 29 CFR 10.26 and this contract. Upon direction of the Administrator or upon the Contracting Officer's own action, payment shall be withheld until such time as the noncompliance is corrected.(5) Nothing in this clause limits or otherwise modifies the Contractor's payroll and recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, the Fair Labor Standards Act, or any other applicable law.(f) Access. The Contractor shall permit authorized representatives of the Administrator to conduct investigations, including interviewing workers at the worksite during normal working hours.(g) Withholding. The Contracting Officer, upon his or her own action or upon written request of the Administrator, will withhold funds or cause funds to be withheld, from the Contractor under this or any other Federal contract with the same Contractor, sufficient to pay workers the full amount of wages required by this clause.(h) Disputes. Department of Labor has set forth in 29 CFR 10.51,Disputes concerning contractor compliance, the procedures for resolving disputes concerning a contractor's compliance with Department of Labor regulations at 29 CFR part 10. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. These disputes include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the Department of Labor, or the workers or their representatives.(i) Antiretaliation. The Contractor shall not discharge or in any other manner discriminate against any worker because such worker has filed any complaint or instituted or caused to be instituted any proceeding under or related to compliance with the E.O. or this clause, or has testified or is about to testify in any such proceeding.(j) Subcontractor compliance. The Contractor is responsible for subcontractor compliance with the requirements of this clause and may be held liable for unpaid wages due subcontractor workers.(k) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (k) in all subcontracts, regardless of dollar value, that are subject to the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, and are to be performed in whole or in part in the United States.(End of clause) 2.7 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014) (a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American—Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9). (b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer. (c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9. (2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost. (d) Alternate offers. (1) When an offer includes foreign solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material. (2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies. (3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested— (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or (ii) May be accepted if revised during negotiations.(End of Provision)2.8 52.225-11 BUY AMERICAN – CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014)(a) Definitions. As used in this clause--“Caribbean Basin country construction material” means a construction material that--(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.“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 46 U.S.C. 40102(4), such as agricultural products and petroleum products.“Component” means an article, material, or supply incorporated directly into a construction material.“Construction material” means an article, material, or supply brought to the construction site by the Contractor or 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 construction material (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.“Designated country” means any of the following countries: (1) A World Trade Organization Government Procurement Agreement country (Armenia, Aruba, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark. Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, or United Kingdom);(2) A Free Trade Agreement country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).“Designated country construction material” means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country 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.“Free Trade Agreement country construction material means” a construction material that--(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed.“Foreign construction material” means a construction material other than a domestic construction material.“Least developed country construction material” means a construction material that--(1) Is wholly the growth, product, or manufacture of a least developed country; or(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.“United States” means the 50 States, the District of Columbia, and outlying areas.“WTO GPA country construction material” means a construction material that--(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.(b) Construction materials. (1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.50-5(a)(2)). In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American restrictions are waived for designated country construction materials.(2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.(3) The requirement in paragraph (b)(2) of this clause does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: none(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) 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 restrictions of the Buy American statute 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 statute 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 Statute. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) 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 statute 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)(4)(i) of this clause.(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.(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 1Foreign construction materialDomestic construction materialItem 2Foreign 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)2.9 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 $100,000, 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)2.10 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: Mr. Ricky Bond Contracting Officer Hand-Carried Address: Department of Veteran Affairs GLAC (69D) 115 South 84th Street, Suite 101 Milwaukee WI 53214-1476 Mailing Address: Department of Veterans Affairs GLAC (69D) 115 South 84th Street, Suite 101 Milwaukee WI 53214-1476 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.(End of Provision)2.11 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995) (a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed. (b) An organized site visit has been scheduled for— 10am on Friday, April 10, 2015. (c) Participants will meet at—Holman Conference Room, B201Oscar G. Johnson VA Medical Center325 East H StreetIron Mountain, MISite Contact: Adam Steinbrecher @ 906-774-3300 x 32203(End of Provision)2.12 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 NumberTitleDate52.204-7SYSTEM FOR AWARD MANAGEMENTJUL 201352.215-1INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITION ALTERNATE I (OCT 1997)OCT 199752.215-5FACSIMILE PROPOSALSOCT 199752.215-16FACILITIES CAPITAL COST OF MONEYJUN 200352.216-27SINGLE OR MULTIPLE AWARDSOCT 1995FAR NumberTitleDate52.236-28PREPARATION OF PROPOSALS—CONSTRUCTIONOCT 19972.13 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) Prime contractors are encouraged to assist service-disabled veteran-owned and veteran-owned small business potential subcontractors in obtaining bonding, when required. Mentor firms are encouraged to assist protégé firms under VA's Mentor-Protégé Program in obtaining acceptable bid, payment, and performance bonds, when required, as a prime contractor under a solicitation or contract and in obtaining any required bonds under subcontracts.(End of Clause)2.14 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)2.15 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 204202.16 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)2.17 PARTNERING (a) In order to most effectively accomplish this contract, the Government proposes to form a cohesive partnership with the Contractor and its subcontractors. This partnership would strive to draw on the strengths of each organization in an effort to achieve a quality project, done right the first time, within the budget and on schedule. (b) This partnership will be totally voluntary. The focus of partnering is to build cooperative relationships with the private sector and avoid or minimize disputes and to nurture a more collaborative ethic characterized by trust, cooperation and teamwork. Partnering is defined as the creation of a relationship between the owner and contractor that promotes mutual and beneficial goals. It is a non-contractual, but formally structured agreement between the parties. The ultimate goal is the elimination of the "us" versus "them" thinking, and formation of a "we" mentality for the benefit of the project. (c) Any cost associated with effectuating this partnership will be agreed to by both parties and will be shared equally with no change in contract price.REPRESENTATIONS AND CERTIFICATIONS3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) (a)(1) The North American Industry classification System (NAICS) code for this acquisition is 236220.(2) The small business size standard is $36.5 Million.(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:[_] (i) Paragraph (d) applies.[_] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or(C) The solicitation is for utility services for which rates are set by law or regulation.(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—(A) Are not set aside for small business concerns;(B) Exceed the simplified acquisition threshold; and(C) Are for contracts that will be performed in the United States or its outlying areas.(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.(vii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.(xvi) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.(xvii) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.(A) If the acquisition value is less than $25,000, the basic provision applies.(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.(C) If the acquisition value is $50,000 or more but is less than $79,507, the provision with its Alternate II applies.(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.(2) The following certifications are applicable as indicated by the Contracting Officer:[Contracting Officer check as appropriate.]___ (i) 52.204-17, Ownership or Control of Offeror. ___ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.___ (iii) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.___ (iv) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.___ (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).___ (vi) 52.227-6, Royalty Information.___ (A) Basic.___ (B) Alternate I.___ (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.(d) The offeror has completed the annual representations and certifications electronically via the SAM Web site accessed through . After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.FAR ClauseTitleDateChangeAny changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.(End of Provision) 3.2 52.209-5 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION)(MAR 2012) (a) In accordance with Division H, sections 8124 and 8125 of P.L. 112-74 and sections 738 and 739 of P.L. 112-55 none of the funds certimade available by either Act may be used to enter into a contract with any corporation that— (1) Has an unpaid federal tax liability, unless the agency has considered suspension or debarment of the corporation and the Suspension and Debarment Official has made a determination that this action is not necessary to protect the interests of the Government. (2) Has a felony criminal violation under any Federal or State law within the preceding 24 months, unless the agency has considered suspension or debarment of the corporation and Suspension and Debarment Official has made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that— (1) The offeror does [ ] does not [ ] have any unpaid Federal tax liability that has been assessed and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (2) The offeror, its officers or agents acting on its behalf have [ ] have not [ ] been convicted of a felony criminal violation under a Federal or State law within the preceding 24 months.(End of Provision)3.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) (a) Definitions. As used in this provision— "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. "Federal contracts and grants with total value greater than $10,000,000" means— (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). "Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in— (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), 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 System for Award Management database via (see 52.204-7).(End of Provision)GENERAL CONDITIONS4.1 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) (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 System for Award Management 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 per TO 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 per TO the amount of days specified in each task order after NTP. The time stated for completion shall include final cleanup of the premises.(End of Clause)4.3 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997) (a) The Contractor shall make the following notifications in writing: (1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records, the Contractor shall notify the Administrative Contracting Officer (ACO) within 30 days. (2) The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership. (b) The Contractor shall— (1) Maintain current, accurate, and complete inventory records of assets and their costs; (2) Provide the ACO or designated representative ready access to the records upon request; (3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the Contractor's ownership changes; and (4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each Contractor ownership change. (c) The Contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability requirement of FAR 15.408(k).(End of Clause)4.4 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 the indvidual MATOC contract award date through 5 years after date of award. (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)4.5 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, 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 $2,000,000; (2) Any order for a combination of items in excess of $2,000,000; or (3) A series of orders from the same ordering office within 30 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 10 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)4.6 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, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (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 the specified completion date of the final task order issued.(End of Clause)4.7 52.219-13 NOTICE OF SET-ASIDE OF ORDERS (NOV 2011) The Contracting Officer will give notice of the order or orders, if any, to be set aside for small business concerns identified in 19.000(a)(3) and the applicable small business program. This notice, and its restrictions, will apply only to the specific orders that have been set aside for any of the small business concerns identified in 19.000(a)(3).(End of Clause)4.8 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) (a) Definitions. As used in this clause— Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority. Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity. (b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following: (1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract. (2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract. (3) For long-term contracts— (i) Within 60 to 120 days prior to the end of the fifth year of the contract; and (ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter. (c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at . (d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees. (e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update. (f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause. (g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed: The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 236220 assigned to contract number TBD.[Contractor to sign and date and insert authorized signer's name and title].(End of Clause)4.9 52.222-30 CONSTRUCTION WAGE RATE REQUIREMENTS—PRICE ADJUSTMENT (NONE OR SEPARATELY SPECIFIED METHOD) (MAY 2014) (a) The wage determination issued under the Construction Wage Rate Requirements statute 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 Construction Wage Rate Requirements statute.(End of Clause)4.10 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)4.11 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014) (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 46 U.S.C. 40102(4), 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 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute 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:to be specified per task order. (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 statute 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 statute 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 statute. (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 statute 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 statute applies, use of foreign construction material is noncompliant with the Buy American statute. (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)4.12 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)4.13 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)4.14 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997) ALTERNATE II (APR 1984) (a) The Contractor shall keep on the work site a copy of the drawings and specifications and shall at all times give the Contracting Officer access thereto. Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between drawings and specifications, the specifications shall govern. In case of discrepancy in figures, in the drawings, or in the specifications, the matter shall be promptly submitted to the Contracting Officer, who shall promptly make a determination in writing. Any adjustment by the Contractor without such a determination shall be at its own risk and expense. The Contracting Officer shall furnish from time to time such detailed drawings and other information as considered necessary, unless otherwise provided. (b) Wherever in the specifications or upon the drawings the words "directed," "required," "ordered," "designated," "prescribed," or words of like import are used, it shall be understood that the "direction," "requirement," "order," "designation," or "prescription," of the Contracting Officer is intended and similarly the words "approved," "acceptable," "satisfactory," or words of like import shall mean "approved by," or "acceptable to," or "satisfactory to" the Contracting Officer, unless otherwise expressly stated. (c) Where "as shown," "as indicated," "as detailed," or words of similar import are used, it shall be understood that the reference is made to the drawings accompanying this contract unless stated otherwise. The word "provided" as used herein shall be understood to mean "provide complete in place," that is "furnished and installed." (d) Shop drawings means drawings, submitted to the Government by the Contractor, subcontractor, or any lower tier subcontractor pursuant to a construction contract, showing in detail (1) the proposed fabrication and assembly of structural elements and (2) the installation (i.e., form, fit, and attachment details) of materials of equipment. It includes drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials furnished by the contractor to explain in detail specific portions of the work required by the contract. The Government may duplicate, use, and disclose in any manner and for any purpose shop drawings delivered under this contract. (e) If this contract requires shop drawings, the Contractor shall coordinate all such drawings, and review them for accuracy, completeness, and compliance with contract requirements and shall indicate its approval thereon as evidence of such coordination and review. Shop drawings submitted to the Contracting Officer without evidence of the Contractor's approval may be returned for resubmission. The Contracting Officer will indicate an approval or disapproval of the shop drawings and if not approved as submitted shall indicate the Government's reasons therefor. Any work done before such approval shall be at the Contractor's risk. Approval by the Contracting Officer shall not relieve the Contractor from responsibility for any errors or omissions in such drawings, nor from responsibility for complying with the requirements of this contract, except with respect to variations described and approved in accordance with (f) below. (f) If shop drawings show variations from the contract requirements, the Contractor shall describe such variations in writing, separate from the drawings, at the time of submission. If the Contracting Officer approves any such variation, the Contracting Officer shall issue an appropriate contract modification, except that, if the variation is minor or does not involve a change in price or in time of performance, a modification need not be issued. (g) The Contractor shall submit to the Contracting Officer for approval four copies (unless otherwise indicated) of all shop drawings as called for under the various headings of these specifications. Three sets (unless otherwise indicated) of all shop drawings, will be retained by the Contracting Officer and one set will be returned to the Contractor. Upon completing the work under this contract, the Contractor shall furnish three sets of prints of all shop drawings as finally approved. These drawings shall show changes and revisions made up to the time the equipment is completed and accepted.(End of Clause)4.15 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 NumberTitleDate52.202-1DEFINITIONSNOV 201352.203-3GRATUITIESAPR 198452.203-5COVENANT AGAINST CONTINGENT FEESMAY 201452.203-6RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENTSEP 200652.203-7ANTI-KICKBACK PROCEDURESMAY 201452.203-8CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITYMAY 201452.203-10PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITYMAY 201452.203-12LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONSOCT 201052.203-1352.203-14CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCTDISPLAY OF HOTLINE POSTER(S)APR 2010DEC 200752.203-17CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTSAPR 201452.204-4PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPERMAY 201152.204-9PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNELJAN 201152.204-10REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDSJUL 201352.204-13SYSTEM FOR AWARD MANAGEMENT MAINTENANCEJUL 201352.204-1552.204-1652.204-1752.204-19SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-DELIVERY CONTRACTSCOMMERCIAL AND GOVERNMENT ENTITY CODE REPORTINGOWNERSHIP OR CONTROL OF OFFERORINCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONSJAN 2014NOV 2014NOV 2014DEC 201452.209-652.209-10PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENTPROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONSAUG 2013DEC 201452.210-1MARKET RESEARCHAPR 201152.211-6BRAND NAME OR EQUALAUG 199952.211-12LIQUIDATED DAMAGES—CONSTRUCTIONSEP 20004.16 52.211-13 TIME EXTENSIONS (SEPT 2000) Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.(End of Clause)FAR NumberTitleDate52.211-1852.215-2VARIATION IN ESTIMATED QUANTITYAUDIT AND RECORDS—NEGOTIATIONAPR 1984OCT 201052.215-10PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATAAUG 201152.215-12SUBCONTRACTOR CERTIFIED COST OR PRICING DATAOCT 201052.215-15PENSION ADJUSTMENTS AND ASSET REVERSIONSOCT 201052.215-17WAIVER OF FACILITIES CAPITAL COST OF MONEYOCT 199752.215-18REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS OTHER THAN PENSIONS (PRB)JUL 200552.215-21REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA—MODIFICATIONS ALTERNATE III (OCT 1997)OCT 201052.219-8UTILIZATION OF SMALL BUSINESS CONCERNSOCT 201452.222-1NOTICE TO THE GOVERNMENT OF LABOR DISPUTESFEB 199752.222-3CONVICT LABORJUN 200352.222-4CONTRACT WORK HOURS AND SAFETY STANDARDS—OVERTIME COMPENSATIONMAY 201452.222-6CONSTRUCTION WAGE RATE REQUIREMENTSMAY 201452.222-7WITHHOLDING OF FUNDSMAY 201452.222-8PAYROLLS AND BASIC RECORDSMAY 201452.222-9APPRENTICES AND TRAINEESJUL 200552.222-10COMPLIANCE WITH COPELAND ACT REQUIREMENTSFEB 198852.222-11SUBCONTRACTS (LABOR STANDARDS)MAY 201452.222-12CONTRACT TERMINATION—DEBARMENTMAY 201452.222-13COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED REGULATIONSMAY 201452.222-14DISPUTES CONCERNING LABOR STANDARDSFEB 198852.222-15CERTIFICATION OF ELIGIBILITYMAY 201452.222-21PROHIBITION OF SEGREGATED FACILITIESFEB 199952.222-26EQUAL OPPORTUNITYMAR 200752.222-27AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTIONFEB 199952.222-35EQUAL OPPORTUNITY FOR VETERANSJUL 201452.222-36AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIESJUL 201452.222-37EMPLOYMENT REPORTS ON VETERANSJUL 201452.222-43FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR STANDARDS—PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS)MAY 201452.222-44FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR STANDARDS—PRICE ADJUSTMENTMAY 201452.222-50COMBATING TRAFFICKING IN PERSONSFEB 200952.222-54EMPLOYMENT ELIGIBILITY VERIFICATIONAUG 201352.223-2AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTSSEP 201352.223-5POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION ALTERNATE I (MAY 2011) AND ALTERNATE II (MAY 2011)MAY 201152.223-6DRUG-FREE WORKPLACEMAY 200152.223-9ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED ITEMSMAY 200852.223-10WASTE REDUCTION PROGRAMMAY 201152.223-11OZONE-DEPLETING SUBSTANCESMAY 200152.223-12REFRIGERATION EQUIPMENT AND AIR CONDITIONERSMAY 199552.223-15ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTSDEC 200752.223-17AFFIRMATIVE 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 BONDSMAY 201452.228-14IRREVOCABLE LETTER OF CREDITMAY 201452.228-15PERFORMANCE AND PAYMENT BONDS—CONSTRUCTIONOCT 201052.229-3FEDERAL, STATE, AND LOCAL TAXESFEB 201352.232-5PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTSMAY 201452.232-17INTERESTMAY 201452.232-18AVAILABILITY OF FUNDSAPR 1984FAR NumberTitleDate52.232-23ASSIGNMENT OF CLAIMSMAY 201452.232-27PROMPT PAYMENT FOR CONSTRUCTION CONTRACTSMAY 201452.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD MANAGEMENTJUL 2013FAR NumberTitleDate52.232-39UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONSJUN 201352.232-40PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORSDEC 201352.233-1DISPUTES ALTERNATE I (DEC 1991)MAY 2014FAR NumberTitleDate52.233-3PROTEST 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 1984FAR NumberTitleDate52.236-17LAYOUT OF WORKAPR 198452.236-23RESPONSIBILITY OF THE ARCHITECT-ENGINEER CONTRACTORAPR 198452.236-25REQUIREMENTS FOR REGISTRATION OF DESIGNERSJUN 200352.236-26PRECONSTRUCTION CONFERENCEFEB 199552.244-4SUBCONTRACTORS AND OUTSIDE ASSOCIATES AND CONSULTANTS (ARCHITECT-ENGINEER SERVICES)AUG 199852.242-13BANKRUPTCYJUL 199552.242-14SUSPENSION OF WORKAPR 198452.243-4CHANGESJUN 200752.244-2SUBCONTRACTSOCT 201052.244-5COMPETITION IN SUBCONTRACTINGDEC 199652.244-6SUBCONTRACTS FOR COMMERCIAL ITEMSOCT 201452.245-1GOVERNMENT PROPERTYAPR 201252.245-9USE AND CHARGESAPR 201252.246-12INSPECTION OF CONSTRUCTIONAUG 199652.246-21WARRANTY OF CONSTRUCTION ALTERNATE I (APR 1984)MAR 199452.248-3VALUE ENGINEERING—CONSTRUCTIONOCT 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 19914.17 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)4.18 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)4.19 VAAR 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 VA Design Standards and Specifications as to specified 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)4.20 VAAR 852.211-73 BRAND NAME OR EQUAL (JAN 2008) (Note: as used in this clause, the term "brand name" includes identification of products by make and model.) (a) If items called for by this invitation for bids have been identified in the schedule by a "brand name or equal" description, such identification is intended to be descriptive, but not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. Bids offering "equal" products (including products of the brand name manufacturer other than the one described by brand name) will be considered for award if such products are clearly identified in the bids and are determined by the Government to meet fully the salient characteristics requirements listed in the invitation. (b) Unless the bidder clearly indicates in the bid that the bidder is offering an "equal" product, the bid shall be considered as offering a brand name product referenced in the invitation for bids. (c)(1) If the bidder proposes to furnish an "equal" product, the brand name, if any, of the product to be furnished shall be inserted in the space provided in the invitation for bids, or such product shall be otherwise clearly identified in the bid. The evaluation of bids and the determination as to equality of the product offered shall be the responsibility of the Government and will be based on information furnished by the bidder or identified in his/her bid as well as other information reasonably available to the purchasing activity. CAUTION TO BIDDERS. The purchasing activity is not responsible for locating or securing any information that is not identified in the bid and reasonably available to the purchasing activity. Accordingly, to insure that sufficient information is available, the bidder must furnish as a part of his/her bid all descriptive material (such as cuts, illustrations, drawings or other information) necessary for the purchasing activity to: (i) Determine whether the product offered meets the salient characteristics requirement of the Invitation for Bids, and (ii) Establish exactly what the bidder proposes to furnish and what the Government would be binding itself to purchase by making an award. The information furnished may include specific references to information previously furnished or to information otherwise available to the purchasing activity. (2) If the bidder proposes to modify a product so as to make it conform to the requirements of the Invitation for Bids, he/she shall: (i) Include in his/her bid a clear description of such proposed modifications, and (ii) Clearly mark any descriptive material to show the proposed modifications. (3) Modifications proposed after bid opening to make a product conform to a brand name product referenced in the Invitation for Bids will not be considered.(End of Clause)4.21 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)4.22 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011) This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.(End of Clause)4.23 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)4.24 VAAR 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)4.25 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)4.26 NOT APPLICABLE4.27 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)4.28 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)4.29 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)4.30 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)4.31 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)4.32 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 1984) ALTERNATE I (JUL 2002) (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 subcontractors and their employees. The contractor shall also be responsible for coordination of the work of the trades, subcontractors, and material suppliers. The contractor shall, in advance of the work, prepare coordination drawings showing the location of openings through slabs, the pipe sleeves and hanger inserts, as well as the location and elevation of utility lines, including, but not limited to, conveyor systems, pneumatic tubes, ducts, and conduits and pipes 2 inches and larger in diameter. These drawings, including plans, elevations, and sections as appropriate shall clearly show the manner in which the utilities fit into the available space and relate to each other and to existing building elements. Drawings shall be of appropriate scale to satisfy the previously stated purposes, but not smaller than 3/8-inch scale. Drawings may be composite (with distinctive colors for the various trades) or may be separate but fully coordinated drawings (such as sepias or photographic paper reproducibles) of the same scale. Separate drawings shall depict identical building areas or sections and shall be capable of being overlaid in any combination. The submitted drawings for a given area of the project shall show the work of all trades which will be involved in that particular area. Six complete composite drawings or six complete sets of separate reproducible drawings shall be received by the Government not less than 20 days prior to the scheduled start of the work in the area illustrated by the drawings, for the purpose of showing the contractor's planned methods of installation. The objectives of such drawings are to promote carefully planned work sequence and proper trade coordination, in order to assure the expeditious solutions of problems and the installation of lines and equipment as contemplated by the contract documents while avoiding or minimizing additional costs to the contractor and to the Government. In the event the contractor, in coordinating the various installations and in planning the method of installation, finds a conflict in location or elevation of any of the utilities with themselves, with structural items or with other construction items, he/she shall bring this conflict to the attention of the contracting officer immediately. In doing so, the contractor shall explain the proposedmethod of solving the problem or shall request instructions as to how toproceed if adjustments beyond those of usual trades coordination are necessary. Utilities installation work will not proceed in any area prior to the submission and completion of the Government review of the coordinated drawings for that area, nor in any area in which conflicts are disclosed by the coordination drawings until the conflicts have been corrected to the satisfaction of the contracting officer. It is the responsibility of the contractor to submit the required drawings in a timely manner consistent with the requirements to complete the work covered by this contract within the prescribed contract time. (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)4.33 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)4.34 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)4.35 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)4.36 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)4.37 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)4.38 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)4.39 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)4.40 VAAR 852.236-90 RESTRICTION ON SUBMISSION AND USE OF EQUAL PRODUCTS (NOV 1986)This clause applies to the following items:to be specified per task order.Notwithstanding the "Material and Workmanship" clause of this contract, FAR 52.236-5(a), nor any other contractual provision, "equal" products will not be considered by the Department of Veterans Affairs and may not be used.(End of Clause)4.41 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)4.42 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)4.43 MANDATORY WRITTEN DISCLOSURES Mandatory written disclosures required by FAR clause 52.203-13 to the Department of Veterans Affairs, Office of Inspector General (OIG) must be made electronically through the VA OIG Hotline at and clicking on "FAR clause 52.203-13 Reporting." If you experience difficulty accessing the website, call the Hotline at 1-800-488-8244 for further instructions.4.44 LIST OF ATTACHMENTSSEE FOLLOWING PAGES FOR ATTACHMENTSSolicitation Attachment 1 - Performance Relevancy QuestionnairePART 1: Provide the following information requested in this format for each of the projects/contracts you intend to have considered for evaluation. Projects may be on-going and cannot have been completed more than 3 years prior to the proposal due date. Provide frank, concise comments regarding YOUR PERFORMANCE on the contracts you elect to reference.A. Offeror (Your) Name (Company/Division):B. Project/Contract Title:C. Contract Specifics:1. Description of Effort as ___Prime or ___Subcontractor2. Contract Number __________________3. Original Contract Value $____________Current/Final Contract Value $______________4. If amounts in 3 above are different, provide a brief description of the reason: _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________5. Completion Date(s):a. Original Date: ______________________b. Current Schedule____________________c. Estimate/Final Completion Date:_____________________d. Primary cause for Contract Modifications______________D. Provide detailed description of the work performed under the contract and describe why you believe the work is VERY REVELANT, RELEVANT, SEMI-RELEVANT or NOT-RELEVANT to this MATOC Solicitation. Descriptions must address the following:1. Describe the specific elements of the work performed by your firm.2. Indicate what elements of work were performed by your major subcontractors and indicate if those same subcontractors will be used on projects awarded under this MATOC. Should you intend to use these same subcontractors, please list their company names and described their principal areas of work that they will perform. 3. Address any technical areas about this project you consider uniquely relevant to this solicitation. E. Point of Contact for Owner/Government agency Contracting Officer and or inspector (COR); include a current phone number, email address and fax number for pany Name: _______________________________________________________________Point of Contact: ___________________ Title:______E-mail:_________ Office Phone:_______________Fax:Address of Record:_______________________________________________________________ PART 2: Additional offeror information required, but not project specific. This information need only be provided once in your submission package. A. Name subcontractors and/or Teaming Partners to be utilized on this contract. Multiple subcontractors may be named for the same discipline, but are limited to a maximum of three (3) subcontractors per discipline. As a minimum, provide the name(s) of subcontractors to be utilized in the following areas: - Plumbing - HVAC- Electrical- Roofing- Testing- Civil / Site Work:Each Teaming Partner must also complete a Subcontractor Information and Consent Form to be considered. Written references for subcontractors may be included and are encouraged. However, subcontractors do not need to send out questionnaires. B.Provide information regarding the assessment of liquidated damages on any contracts within the last five years. (Frequency, circumstances, severity of problem, etc.) C.Offerors are strongly encouraged to include with their proposals information on problems encountered on relevant projects and the specific corrective actions taken to remedy the problems. D. Other Past Performance Considerations. Information provided, shall be limited to the period starting 5 years prior to the solicitation release date and may include the following: 1.Effectiveness of value engineering proposals (VEP) you submitted on prior contracts. (Provide a brief description; impact on cost, schedule, efficiency or quality; contract number; name and phone number of customer benefiting from the VEP.2.Professional/Industry awards (Identify award type, date of award and copy of certificate if applicable), Letters of appreciation, recognition or commendations3.Discuss unique skills and accomplishments (Explain unique skills and/or accomplishments and provide supporting information for verification). Solicitation Attachment 2 - Past Performance Client Questionnaire(SAMPLE TRANSMITALL LETTER TO BE SENT FROM CONTRACTOR<Your Company Letterhead>Date: ___________________To:________________________________________________We have listed your firm as a reference for the work we have performed for you as listed below. Our firm will be submitting a proposal under a solicitation advertised by Department of Veterans Affairs, Network Contracting Office 12 (NCO 12), located at 115 S 84th Street, Suite 101, Milwaukee WI 53214-1476. In accordance with Federal Acquisition Regulations (FAR), they will evaluate our firm's past performance; your candid response to the attached questionnaire will assist the evaluation team in this process. We understand that you have a busy schedule and your participation in this evaluation is greatly appreciated. Please complete the enclosed questionnaire as thoroughly as possible. Understand that while the responses to this questionnaire may be released to the offeror, FAR 15.306 (e) (4) prohibits the release of the names of the persons providing the responses. Complete confidentiality will be maintained. Only one response from each office is required. Please send your completed questionnaire to the following address. Do NOT return them directly to our company. via email to: Jeffrey.gerbensky@If you have questions regarding the attached questionnaire, please contact Jeff Gerbensky at Jeffrey.gerbensky@ .Please be advised that “E-Mail” is the preferred method of receiving the requested information.Thank you for your assistance. <Signature and Title of Offeror’s Principal>PAST PERFOMANCE QUESTIONNAIRE GENERAL INFORMATION on Contractor being evaluatedName of Contractor: Point of Contact: Title: E-mail: Address of Record: Office Phone: Fax: Contract#: Dollar Amount:Dates of Performance: Contractor Performed as: FORMCHECKBOX Prime Contractor FORMCHECKBOX Sub-Contractor FORMCHECKBOX Key PersonnelProject Title and Brief Description of Work:*Note: If Contractor holds or has held other contracts with your agency/organization in the last 3 years, please complete separate evaluation forms for those contracts as well.2.) RESPONDENT CLIENT INFORMATION(Person providing comments on Contractor Performance)Respondent Name: Title: E-mail: ______________________________Office phone: _______________Address of Record: 3.) TRANSMITTAL INSTRUCTIONS: E-mail completed survey to Jeff Gerbensky, Network Contracting Office 12 (NCO 12) at Jeffrey.gerbensky@ .4.) PERFORMANCE INFORMATION: Choose the appropriate adjectival rating that most accurately describes the contractor’s performance.Exceptional (E)Based on the Offeror’s overall past performance subfactor ratings, essentially no doubt exists that the Offeror will successfully perform ABOVE AND BEYOND the required effort.Good (G)Based on the Offeror’s overall past performance subfactor ratings, little doubt exists that the Offeror will successfully perform ALL the required effort.Satisfactory (S)Based on the Offeror’s performance record, some doubt exists that the Offeror will successfully perform MOST of the required effort.Marginal (M)Based on the Offeror’s overall past performance subfactor ratings, substantial doubt exists that the Offeror will successfully perform MOST the required effort. Changes to the Offeror’s existing processes may be necessary in order to achieve contract requirements.Unsatisfactory (U)Based on the Offeror’s overall past performance subfactor ratings, extreme doubt exists that the Offeror will successfully perform the required effort.Neutral / Not Applicable or Unknown (N)No performance record identifiable within the area of evaluation.TO BE COMPLETED BY RESPONDENT CLIENTPLEASE CIRCLE THE ADJECTIVE RATING WHICH BEST REFLECTSYOUR EVALUATION OF THE CONTRACTOR’S PERFORMANCE.1. QUALITY:Quality of technical data/report preparation effortsEGSMUNAbility to meet quality standards specified for technical performanceEGSMUNTimeliness/effectiveness of contract problem resolution without extensive customer guidanceEGSMUNAdequacy/effectiveness of quality control program and adherence to contract quality assurance requirements (without adverse effect on performance)EGSMUN2. SCHEDULE/TIMELINESS OF PERFORMANCE:Compliance with contract delivery/completion schedules including any significant intermediate milestonesEGSMUNRate the contractor’s use of available resources to accomplish tasks identified in the contractEGSMUN3. CUSTOMER SATISFACTION:To what extent were the end users satisfied with the project?EGSMUNContractor was reasonable and cooperative in dealing with your staff (including the ability to successfully resolve disagreements/disputes; responsiveness to administrative reports, businesslike and communication)EGSMUNTo what extent was the contractor cooperative, businesslike, and concerned with the interests of the customer?EGSMUNOverall customer satisfactionEGSMUN4. MANAGEMENT/ PERSONNEL/LABOREffectiveness of on-site management, including management of subcontractors, suppliers, materials, and/or labor force?EGSMUNAbility to hire, apply, and retain a qualified workforce to this effortEGSMUNGovernment Property ControlEGSMUNKnowledge/expertise demonstrated by contractor personnelEGSMUNUtilization of Small Business concernsEGSMUNAbility to simultaneously manage multiple projects with multiple disciplinesEGSMUNAbility to assimilate and incorporate changes in requirements and/orpriority, including planning, execution and response to Government changesEGSMUNEffectiveness of overall management (including ability to effectively lead, manage and control the program)EGSMUN5. COST/FINANCIAL MANAGEMENTAbility to meet the terms and conditions within the contractually agreed price(s)?EGSMUNContractor proposed innovative alternative methods/processes that reduced cost, improved maintainability or other factors that benefited the client.EGSMUNIf this is/was a Government cost type contract, please rate the Contractor’s timeliness and accuracy in submitting monthly invoices with appropriate backup documentation, monthly status reports/budget variance reports, compliance with established budgets and avoidance of significant and/or unexplained variances (under runs or overruns)EGSMUNHave there been any indications that the contractor has had any financial problems? If yes, please explain below.YesNo6. SAFETY/SECURITYTo what extent was the contractor able to maintain an environment of safety, adhere to its approved safety plan, and respond to safety issues? (Includes: following the users rules, regulations, and requirements regarding housekeeping, safety, correction of noted deficiencies, etc.)EGSMUNContractor complied with all security requirements for the project and personnel security requirements.E GSMUN7. GENERALAbility to successfully respond to emergency and/or surge situations (including notifying COR, PM or Contracting Officer in a timely manner regarding urgent contractual issues).EGSMUNCompliance with contractual terms/provisions (explain if specific issues)EGSMUNWould you hire or work with this firm again? (If no, please explain below)YesNoIn summary, provide an overall rating for the work performed by this contractor.EGSMUNPlease provide frank responses to the questions above (if applicable) and/or additional remarks. Furthermore, please provide a brief narrative addressing specific strengths, weaknesses, deficiencies, or other comments which may assist our office in evaluating performance risk (attach additional pages if necessary):____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Solicitation Attachment 3 - SUBCONTRACTOR INFORMATION AND CONSENT FORMSubcontractor and/or Teaming Partner Consent for the Release of Past Performance Information to the Prime Contractor and Reference InformationPast performance information concerning subcontractors and teaming partners cannot be disclosed to a private party without the subcontractor’s or teaming partner’s consent. Because a prime contractor is a private party, the Government will need that consent before disclosing subcontractor/teaming partner past and present performance information to the prime during exchanges. In an effort to assist the Government in assessing your past performance relevancy we request that this consent form be completed by the major subcontractors/teaming partners identified in your proposal. The completed consent forms should be submitted to the offering contractor for submission with past performance volume.SAMPLE FORM:__________________________(Company name of Subcontractor or Teaming Partner) is currently planning on participating as a (Subcontractor or a Teaming Partner) with ____________________________ (prime contractor or name of entity providing proposal) for the Department of Veterans Affairs RFP Multiple Award Task Order Contract (MATOC) Solicitation VA69D-15-R-0064.We understand that the Government is placing increased emphasis on past performance in order to obtain best value in source selections. In order to facilitate the performance confidence assessment process we are signing this consent form to allow you to discuss our past and present performance information with the prime contractor during the source selection process as well as our recommended references as listed on the attachment.________________________________ _____________________________________(Signature) / (Date)(Title of Individual with authority to sign for and legally bind the company)Company Name: _____________________Telephone #____________________Address: ______________________________________________________________________________________________________________________Reference List (required and not to be from proposing prime contractor): 1. Contract No. __________________________________________________Project No. and Title: ___________________________________________Describe your role (Prime/Sub) and work Performed __________________ __________________________________________________________________________________________________________________________Reference POC Name_______________________ Phone_______________ Fax____________ Email address: ________________________________2. Contract No. __________________________________________________Project No. and Title: ___________________________________________Describe your role (Prime/Sub) and work Performed __________________ __________________________________________________________________________________________________________________________Reference POC Name_______________________ Phone_______________ Fax____________ Email address: ________________________________3. Contract No. __________________________________________________Project No. and Title: ___________________________________________Describe your role (Prime/Sub) and work Performed __________________ __________________________________________________________________________________________________________________________Reference POC Name_______________________ Phone_______________ Fax____________ Email address: ________________________________Each major subcontractor and or Teaming Partner must complete the “Subcontractor Information and Consent Form” to be considered. Offerors shall have major subcontractors identify at a minimum three (3) references, owners (if they were the Prime) or other Prime contractors they have worked for. References for subcontractors from the proposing offeror are not acceptable. Written references for subcontractors and 2nd tier subcontractors may be included and are encouraged. Solicitation Attachment 4 - CONTRACTOR GENERAL INFORMATIONMultiple Award Task Order Contract – Oscar G. Johnson VA Medical Center in Iron Mountain, MIName of Company: Name:Title: Address: E-Mail Address: Phone No: Fax No: TAX ID Number: DUNS Number: Past Performance Point of Contact (within your company), include name and email address:______________________________________________________________________________________________________________________________________________________________________________Solicitation Attachment 5 - Financial Disclosure QuestionnaireOFFEROR INSTRUCTIONS: Section A shall be completed by Offeror and submitted to Financial Institution requesting they complete and return to Offeror and included in the RFP offer. SECTION A:Prospective Contractor for which information is being requested:Contractor Name: ___________________________________________Address: ______________________________________________________________________________________ Phone Number:___________________________________________e-mail:___________________________________________ Name & Signature of the Person Authorized to request financial information:______________________________________________________________FINANCIAL INSTITUTION INSTRUCTIONS: The Department of Veterans Affairs, Network Contracting Office 12 is considering the firm listed above for award of a VA contract. In order to be responsive to VA’s needs, it is requested that you complete this questionnaire and return to the Offeror such that it is included with their RFP offer. Your comments are considered Source Selection Sensitive; therefore, you are advised that Federal Acquisition Regulation FAR-15.506 prohibits the release of the names of individuals providing reference information about Offeror’s financial status.SECTION B:Banking Institution: _________________________________________Account number: ______________ Type of account:_______ Average balance:__________Do they have a Line of Credit? [ ] Yes [ ] NoWhat is their limitation: ________________________ Unused Balance: _________________Relationship with the bank: [ ] Outstanding [ ] Satisfactory [ ] Other: __________________How long have they been a client: ______________________________What is their most recent credit rating: ______________________________Date of most recent credit rating: ______________________________Credit rating prepared by: ______________________________Signature of Provider/Title: ______________________________ Date: ______________________________Solicitation Attachment 6 - Contractor Safety or Environmental Violation & Experience Modification Rating InformationInformation provided below shall be applicable to a Multiple Award Task Order Contract at Oscar G. Johnson VA Medical Center in Iron Mountain, MI:1.) All Bidders/Offerors shall submit information pertaining to their past Safety and Environmental record. The information must contain a certification that the bidder/offeror has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or any EPA violation(s) in the past three years. If such certification cannot be made, a Bidder/Offeror shall explain why and submit as much information as possible regarding the circumstances of its past safety and environmental record, including the number of EPA violations and/or the number of serious, repeat, and/or willful OSHA violations, along with a detailed description of those violations.2.) All Bidders/Offerors shall submit information regarding their current Experience Modification Rate (EMR). This information shall be obtained from the Bidder’s/Offeror’s insurance carrier and be furnished on the insurance carrier’s letterhead. If a Bidder/Offeror’s EMR is above 1.0, Bidder/Offeror must submit a written explanation of the EMR from its insurance carrier furnished on the insurance carrier’s letterhead, describing the reasons for the elevated EMR and the anticipated date the EMR may be reduced to 1.0 or below.3.) Self-insured contractors or other contractors that cannot provide their EMR rating on insurance letterhead must obtain a rating from the National Council on Compensation Insurance, Inc. (NCCI) by completing/submitting form ERM-6 and providing the rating on letterhead from NCCI.? Note: Self insured contractors or other contractors that cannot provide EMR rating on insurance letterhead from the states or territories of CA, DE, MI, NJ, ND, OH, PA, WA, WY, and PR shall obtain their EMR rating from their state run worker’s compensation insurance rating bureau.4.) If the NCCI cannot issue an EMR because the Bidder/Offeror lacks insurance history, Bidder/Offeror shall submit a letter indicating so from its insurance carrier furnished on the insurance carrier’s letterhead, and include a letter from the NCCI indicating that is has assigned Bidder/Offeror a Unity Rating of 1.0.5.) The above information, along with other information obtained from Government systems, such as the OSHA and EPA online inspection history databases, will be used to make an initial Determination of Responsibility. 6.) This requirement is applicable to all subcontracting tiers, and prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors.Pre-Award Contractor Safety and Environmental Record Evaluation FormInformation provided below is current and applicable to Solicitation VA69D-15-R-0064 for a Multiple Award Task Order Contract at the Oscar G. Johnson VA Medical Center in Iron Mountain, MI:Company Name: ______________________________________________Address: _____________________________________________________Telephone: ______________________ Fax: ________________________Email: _______________________________________________________Contact: ______________________________________________________1. Utilizing your OSHA 300 Forms, please complete the following information:Category2011201220132014Number of man hours (jobsite and office).Number of cases involving days away from work, restricted activity, or both (Column H and I of OSHA 300).Days away, restricted, or transferred rate (# of days away, restricted, or transferred cases x 200,000/# of man hours) (DART Rate).Number of serious, willful, or repeat violations from OSHA within the last 3 years. Please attach explanation for any violations. Please attach copies of the following documents: OSHA 300 and 300a Forms. These forms can be accessed through the OSHA publications search page: six-digit North American Industrial Classification System (NAICS) Code for this acquisition: __________________________________3.Who administers your company’s Safety and Health Program? ____________________________pany’s Insurance Experience Modification Rate (EMR): ____________________________Solicitation Attachment 7a - BID SCHEDULE AND BID TABULATION FORM (MATOC “SEED” PROJECT)BID SCHEDULE:PROJECT 585-14-105 Renovate Building No. 4 AccessibilityBASE BID: The contractor shall provide labor, material and equipment necessary to accomplish the following work at the Oscar G. Johnson VA Medical Center in Iron Mountain, Michigan, in accordance with the drawings, and specifications.For this Seed Project RFP, the contract shall submit a signed form SF-1442 with this completed bid schedule and bid tabulation form, and an attachment with a detailed breakdown including all specific elements incorporated into the proposed cost.Scope of WorkThe contractor shall provide a structural analysis, performed by a registered engineer, of the existing foundation to certify the existing foundation can be utilized for a new 80’ flagpole.The contractor shall provide labor, materials, and equipment necessary to accomplish the following work:This project includes renovations to the existing interior and exterior areas of building four so that it is compatible and compliant with ADA code requirements. The work involves, but not limited to (as required by the project drawings and specifications):demolition of existing spaces & exterior existing sidewalk, concrete,earthwork, new interior construction & finishes,plumbing, and electrical servicesThe building is occupied during the day by VA staff, so there may be some afterhours, and/or weekend work depending on availability of spaces.See Attachment 7b – file name S02 SOL-Att-07b SEED Project Bid Docs 585-14-105.pdf for bid drawings & specifications.?????????????????????????????LUMP SUM: $_______________________METRIC PRODUCTS: Products manufactured to metric dimensions will be considered on an equal basis with those manufactured using inch-pound units, providing they fall within the tolerances specified using conversion tables contained in the latest revision of Federal Standard No. 376, and all other requirements of this document are met.If a product is manufactured to metric dimensions, and those dimensions exceed the tolerances specified in the inch-pound units, a request should be made to the Contracting Officer to determine if the product is acceptable. The Contracting Officer, in concert with the COR, will accept or reject the product.Bid Tabulation FormSolicitation Attachment 7b- Bid Documents (MATOC “SEED” PROJECT)See attached document: S02 SOL-Att-07b SEED Project RFP Files 585-14-105 for bid documents, drawings, & specifications.CONTINUED ON NEXT PAGESolicitation Attachment 7c- Davis Bacon Wage Rates (MATOC “SEED” PROJECT)General Decision Number: MI150117 03/20/2015 MI117Superseded General Decision Number: MI20140117State: MichiganConstruction Type: BuildingCounty: Dickinson County in Michigan.BUILDING CONSTRUCTION PROJECTS (does not include single familyhomes or apartments up to and including 4 stories).Note: Executive Order (EO) 13658 establishes an hourly minimumwage of $10.10 for 2015 that applies to all contracts subjectto the Davis-Bacon Act for which the solicitation is issued onor after January 1, 2015. If this contract is covered by theEO, the contractor must pay all workers in any classificationlisted on this wage determination at least $10.10 (or theapplicable wage rate listed on this wage determination, if itis higher) for all hours spent performing on the contract. TheEO minimum wage rate will be adjusted annually. Additionalinformation on contractor requirements and worker protectionsunder the EO is available at whd/govcontracts.Modification Number Publication Date 0 01/02/2015 1 03/20/2015 ASBE0127-004 06/01/2013 Rates FringesASBESTOS WORKER/HEAT & FROST INSULATOR........................$ 29.54 20.38---------------------------------------------------------------- BOIL0169-002 01/01/2014 Rates FringesBOILERMAKER......................$ 32.78 28.39---------------------------------------------------------------- BRMI0006-001 06/01/2014 Rates FringesBRICKLAYER.......................$ 24.64 17.50TILE SETTER......................$ 24.64 17.50---------------------------------------------------------------- CARP1510-005 06/01/2014 Rates FringesMILLWRIGHT.......................$ 27.58 18.50---------------------------------------------------------------- CARP1510-006 06/01/2014 Rates FringesCARPENTER (Including Acoustical Ceiling Installation, Drywall Finishing/Taping, Drywall Hanging, Form Work, and Soft Floor Layer - Carpet)............$ 23.10 18.15---------------------------------------------------------------- ELEC0219-001 06/02/2014 Rates FringesELECTRICIAN (Excludes Low Voltage Wiring) Electrical contracts of $180,000 or less............$ 28.18 18.23 Electrical Contracts over $180,000....................$ 30.38 18.31---------------------------------------------------------------- ENGI0324-031 07/01/2014 Rates FringesPOWER EQUIPMENT OPERATOR: Crane operator, main boom & jib 120' or longer........$ 27.96 21.55 Crane operator, main boom & jib 140' or longer........$ 28.21 21.55 Crane operator, main boom & jib 220' or longer........$ 28.46 21.55 GROUP 1.....................$ 27.46 21.55 GROUP 2.....................$ 23.63 21.55 GROUP 3.....................$ 22.69 21.55 Premium rate: main boom and jib 300 feet or longer is $1.50 per hour above the 220 ft. boom and jib rate. Main boom and jib 400 feet or longer is $3.00 per hour above the 220 ft. boom and jib rate. POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1: backhoe, bulldozer; crane, front end loader, excavator, paver, roller, and scraper (self-propelled and tractor drawn)GROUP 2: fork truckGROUP 3: oiler---------------------------------------------------------------- IRON0008-008 06/01/2013 Rates FringesIRONWORKER, REINFORCING AND STRUCTURAL Contracts $10,000,000 or greater.....................$ 25.75 23.17 Contracts less than $10,000,000.................$ 22.53 23.17 Paid Holidays: New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day & Christmas Day.---------------------------------------------------------------- LABO1329-005 05/01/2014 Rates FringesLABORER Common or General; Mason Tender - Brick; Mason Tender - Cement/Concrete; and Sandblaster.............$ 19.91 12.78 Pipelayer...................$ 20.32 12.78---------------------------------------------------------------- PAIN1011-001 06/05/2014 Rates FringesPAINTER (Insulator Foam Only)....$ 25.93 10.52---------------------------------------------------------------- PAIN1011-004 06/05/2014 Rates FringesPAINTER (Brush and Spray Only)...$ 19.76 10.52---------------------------------------------------------------- PLAS0016-037 04/01/2014 Rates FringesCEMENT MASON/CONCRETE FINISHER...$ 20.17 10.13---------------------------------------------------------------- PLUM0111-003 05/05/2014 Rates FringesPIPEFITTER (Excludes HVAC Pipe & System Installation)......$ 30.72 20.80PIPEFITTER (HVAC Pipe Installation Only)...............$ 30.72 20.80PLUMBER (Excluding HVAC Pipe Installation)....................$ 30.72 20.80----------------------------------------------------------------* ROOF0149-014 05/01/2014 Rates FringesROOFER...........................$ 16.65 10.98---------------------------------------------------------------- SHEE0007-006 06/01/2014 Rates FringesSHEET METAL WORKER (Excluding HVAC Duct & System Installation)....................$ 28.04 22.57SHEET METAL WORKER (HVAC Duct & System Installation)...........$ 28.04 22.57---------------------------------------------------------------- SUMI2011-042 02/14/2011 Rates FringesGLAZIER..........................$ 17.50 2.27 LABORER: Landscape & Irrigation.......................$ 14.95 0.00 OPERATOR: Grader/Blade..........$ 24.04 6.03 OPERATOR: Tractor...............$ 19.60 7.31 PAINTER: Roller.................$ 16.58 2.84 TRUCK DRIVER: Flatbed Truck.....$ 17.44 4.51----------------------------------------------------------------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 a union rate (current union negotiated rate for local),a survey rate (weighted average rate) or a union average rate(weighted union average rate).Union Rate IdentifiersA four letter classification abbreviation identifier enclosedin dotted lines beginning with characters other than "SU" or"UAVG" denotes that the union classification and rate wereprevailing for that classification in the survey. Example:PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier ofthe union which prevailed in the survey for thisclassification, which in this example would be Plumbers. 0198indicates the local union number or district council numberwhere applicable, i.e., Plumbers Local 0198. The next number,005 in the example, is an internal number used in processingthe wage determination. 07/01/2014 is the effective date of themost current negotiated rate, which in this example is July 1,2014.Union prevailing wage rates are updated to reflect all ratechanges in the collective bargaining agreement (CBA) governingthis classification and rate.Survey Rate IdentifiersClassifications listed under the "SU" identifier indicate thatno one rate prevailed for this classification in the survey andthe published rate is derived by computing a weighted averagerate based on all the rates reported in the survey for thatclassification. As this weighted average rate includes allrates reported in the survey, it may include both union andnon-union rates. Example: SULA2012-007 5/13/2014. SU indicatesthe rates are survey rates based on a weighted averagecalculation of rates and are not majority rates. LA indicatesthe State of Louisiana. 2012 is the year of survey on whichthese classifications and rates are based. The next number, 007in the example, is an internal number used in producing thewage determination. 5/13/2014 indicates the survey completiondate for the classifications and rates under that identifier.Survey wage rates are not updated and remain in effect until anew survey is conducted.Union Average Rate IdentifiersClassification(s) listed under the UAVG identifier indicatethat no single majority rate prevailed for thoseclassifications; however, 100% of the data reported for theclassifications was union data. EXAMPLE: UAVG-OH-001008/29/2014. UAVG indicates that the rate is a weighted unionaverage rate. OH indicates the state. The next number, 0010 inthe example, is an internal number used in producing the wagedetermination. 08/29/2014 indicates the survey completion datefor the classifications and rates under that identifier.A UAVG rate will be updated once a year, usually in January ofeach year, to reflect a weighted average of the currentnegotiated/CBA rate of the union locals from which the rate isbased. ---------------------------------------------------------------- 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 DECISIONSolicitation Attachment 8 - Contractor Surety Limitations OFFEROR INSTRUCTIONS: Section A shall be completed by Offeror and submitted to Surety requesting they complete and return to Offeror and included in the RFP offer with guarantee bond. SECTION A:Prospective Contractor for which information is being requested:Contractor Name: ___________________________________________Address: ______________________________________________________________________________________Point of Contact:___________________________________________Telephone: ___________________________________________E-mail:___________________________________________SURETY INSTRUCTIONS: SECTION B shall be completed by Surety and returned to the Offeror such that it is included with their RFP offer with guarantee bond. Your comments are considered Source Selection Sensitive; therefore, you are advised that Federal Acquisition Regulation FAR-15.506 prohibits the release of the names of individuals providing reference information about Offeror’s bonding limits.SECTION B:How long have you provided bonding for the above contractor? _________ YEARSWhat is the contractor’s rating? ________________________Bonding Limit for a single project? $______________________________Aggregate amount? $ ___________________________________________Have you ever had to complete a project for the contractor? [ ] YES [ ] NOHas liability insurance ever been refused? [ ] YES [ ] NOHave there been complaints of non-payment by subcontractor/suppliers? [ ] YES [ ] NOHas the surety had to pay subcontractors/suppliers? [ ] YES [ ] NOSurety Name:________________________________________Surety Address: ________________________________________________________________________________Telephone: _______________ Facsimile: ________________E-mail:________________________________________Signature:________________________________________END OF SOLICITATION ................
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