CONTRACT ADMINISTRATION DATA - Veterans Affairs



PAGE OF PAGESTHIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE1. REQUEST NO.2. DATE ISSUED3. REQUISITION/PURCHASE REQUEST NO.4.CERT. FOR NAT. DEF.RATINGUNDER BDSA REG. 2AND/OR DMS REG. 15A. ISSUED BY6. DELIVER BY (Date)5B. FOR INFORMATION CALL: (No collect calls)7. DELIVERYNAMETELEPHONE NUMBERFOB DESTINATION(See Schedule)OTHERAREACODENUMBER9. DESTINATIONa. NAME OF CONSIGNEE8. TO:a. NAMEb. COMPANYb. STREET ADDRESSc. STREET ADDRESSc. CITYd. CITYe. STATEf. ZIP CODEd. STATEe. ZIP CODE10.PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE ON OR BEFORE CLOSE OF BUSINESS (Date)This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate onthis form and return it. This request does not commit the Government to pay any costs incurred in the preparation of the submission ofthis quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Anyrepresentations and/or certifications attached to this Request for Quotations must be completed by the quoter.ITEM NO.SUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT(a)(b)(c)(d)(e)(f)a. 10 CALENDAR DAYS %b. 20 CALENDAR DAYS %c. 30 CALENDAR DAYS %d. CALENDAR DAYSNUMBERPERCENTAGENOTE: Additional provisions and representationsareare not attached.13. NAME AND ADDRESS OF QUOTER14. SIGNATURE OF PERSON AUTHORIZED TO SIGN QUOTATION15. DATE OF QUOTATIONa. NAME OF QUOTERb. STREET ADDRESS16. SIGNERa. Name (Type or print)b. TELEPHONEc. COUNTYAREA CODEd. CITYe. STATEf. ZIP CODEc. TITLE (Type or print)NUMBERIMPORTANT:11. SCHEDULE (Include applicable Federal, State and local taxes)12. DISCOUNT FOR PROMPT PAYMENT(THIS IS NOT AN ORDER)AUTHORIZED FOR LOCAL REPRODUCTIONSTANDARD FORM 18 (REV. 6-95)Previous edition not usablePrescribed by GSA-FAR (48 CFR) 53.215-1(a)REQUEST FOR QUOTATIONSVA153XVA101V-16-Q-032408-11-20163173-000013Department of Veterans AffairsVeterans Benefits AdministrationOffice of Acquisition1800 G. Street N.W.Washington DC 20006Quotes are due by 12:00 PM on 8/30/16.Email quotes to kevin.searles2@Kevin Searles713-383-1999? Ext *4025Department of Veterans AffairsVeterans Benefits AdministrationSPECIFIC ADDRESS WILL BE PROVIDED UPONAWARDSparksNV8944108-30-20160001The Contractor shall provide all labor, materials, tools,equipment, transportation, and supervision to provide1JOB________________all construction as described in the attached PWS.There will be a site visit on August 18, 2016 at10:00 am Mountain Standard Time (MST).***SEE FAR CLAUSE 52.236-27 FOR ADDITIONAL INFORMATIONREGARDING THE SITE VISIT. THERE ARE STRICT INSTRUCTIONSTHAT MUST BE FOLLOWED IN ORDER TO ATTEND THE SITE VISIT***All questions must be submitted no later than Aug 22nd viaemail to kevin.searles2@. Questions received afterthis date may not be entertained.In accordance with VAAR 836.204, the magnitude of thisproject is estimated to between $25,000.00 and $100,000.00.This solicitation is a total "Service Disabled VeteranOwned Small Business" set-aside. Offeror must be CVEcertified in at time of quote submission.XTable of Contents TOC \o "1-4" \f \h \z \u \x CONTRACT ADMINISTRATION DATA PAGEREF _Toc458676956 \h 4A.1 PRICE/COST SCHEDULE PAGEREF _Toc458676957 \h 5ITEM INFORMATION PAGEREF _Toc458676958 \h 5A.2 DELIVERY SCHEDULE PAGEREF _Toc458676959 \h 5CONSTRUCTION PERFORMANCE WORK STATEMENT 6WAGE DETERMINATION 20INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS PAGEREF _Toc458676960 \h 212.1 52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS—REPRESENTATION (DEVIATION) (FEB 2015) PAGEREF _Toc458676961 \h 222.2 52.204-20 PREDECESSOR OF OFFEROR (APR 2016) PAGEREF _Toc458676962 \h 232.3 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) PAGEREF _Toc458676963 \h 242.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014) PAGEREF _Toc458676964 \h 242.5 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) PAGEREF _Toc458676965 \h 252.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) PAGEREF _Toc458676966 \h 25REPRESENTATIONS AND CERTIFICATIONS PAGEREF _Toc458676967 \h 273.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (APR 2016) PAGEREF _Toc458676968 \h 273.2 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) PAGEREF _Toc458676969 \h 30GENERAL CONDITIONS PAGEREF _Toc458676970 \h 324.1 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION) (FEB 2015) PAGEREF _Toc458676971 \h 324.2 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016) PAGEREF _Toc458676972 \h 324.3 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) PAGEREF _Toc458676973 \h 344.4 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014) PAGEREF _Toc458676974 \h 354.5 52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000) PAGEREF _Toc458676975 \h 384.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) PAGEREF _Toc458676976 \h 394.7 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (DEC 2009) PAGEREF _Toc458676977 \h 394.8 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011) PAGEREF _Toc458676978 \h 404.9 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) PAGEREF _Toc458676979 \h 414.10 VAAR 852.236-74 INSPECTION OF CONSTRUCTION (JUL 2002) PAGEREF _Toc458676980 \h 424.11 VAAR 852.236-76 CORRESPONDENCE (APR 1984) PAGEREF _Toc458676981 \h 424.12 VAAR 852.236-77 REFERENCE TO "STANDARDS" (JUL 2002) PAGEREF _Toc458676982 \h 424.13 VAAR 852.236-78 GOVERNMENT SUPERVISION (APR 1984) PAGEREF _Toc458676983 \h 424.14 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 1984) PAGEREF _Toc458676984 \h 434.15 VAAR 852.236-82 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS) (APR 1984) PAGEREF _Toc458676985 \h 434.16 VAAR 852.236-84 SCHEDULE OF WORK PROGRESS (NOV 1984) PAGEREF _Toc458676986 \h 464.17 VAAR 852.236-85 SUPPLEMENTARY LABOR STANDARDS PROVISIONS (APR 1984) PAGEREF _Toc458676987 \h 474.18 VAAR 852.236-86 WORKER'S COMPENSATION (JAN 2008) PAGEREF _Toc458676988 \h 474.19 VAAR 852.236-87 ACCIDENT PREVENTION (SEP 1993) PAGEREF _Toc458676989 \h 474.20 VAAR 852.236-88 CONTRACT CHANGES--SUPPLEMENT (JUL 2002) PAGEREF _Toc458676990 \h 474.21 VAAR 852.236-89 BUY AMERICAN ACT (JAN 2008) PAGEREF _Toc458676991 \h 494.22 VAAR 852.236-91 SPECIAL NOTES (JUL 2002) PAGEREF _Toc458676992 \h 504.23 VAAR 852.246-74 SPECIAL WARRANTIES (JAN 2008) PAGEREF _Toc458676993 \h 514.24 VAAR 852.246-75 WARRANTY FOR CONSTRUCTION--GUARANTEE PERIOD SERVICES (JAN 2008) PAGEREF _Toc458676994 \h 514.25 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) PAGEREF _Toc458676995 \h 51CONTRACT ADMINISTRATION DATA(Continuation from Standard Form 18)1. Contract Administration: All contract administration matters will be handled by the following individual(s):a. CONTRACTOR:__________________________________________ __________________________________________ __________________________________________ __________________________________________Contact Person: _____________________________Telephone #: _______________________________Fax #: ____________________________________e-Mail Address: ____________________________Tax I.D. Number: ___________________________DUNS Number: ____________________________b. GOVERNMENT: Kevin Searles, Contracting Officer – 36C10EDepartment of Veterans AffairsVeterans Benefits AdministrationOffice of Acquisition1800 G. Street N.W.Washington DC 200062. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with: [X]52.232-34, Payment by electronic Funds Transfer – Other than System for Award Management, or[]52.232-36, Payment by Third Party3. INVOICES: Invoices shall be submitted in arrears: a. Quarterly[] b. Semi-Annually[] c. Other[X] Monthly OR Once project is completed and accepted.4. GOVERNMENT INVOICE ADDRESS: All invoices from the Contractor shall be emailed to kevin.searles2@ and kristi.bumacod@.ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:AMENDMENT NODATE________________________________________________________________________________________________________________________________________________________________________A.1 PRICE/COST SCHEDULEITEM INFORMATIONITEM NUMBERDESCRIPTION OF SUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT0001The contractor shall provide all necessary labor, material, tools, supervision, equipment, permits, testing, and reports in accordance with all federal, state and local codes and regulations to execute all applicable services necessary for "Home Accessibility Modifications" for Veteran located in Sparks, NV, in accordance with the attached Performance Work Statement.1.00JB____________________________________GRAND TOTAL__________________A.2 DELIVERY SCHEDULEITEM NUMBERQUANTITYDELIVERY DATE0001SHIP TO:Specific address to be providedupon awardSparks, NV 894411.0090 days from NTPCONSTRUCTION PERFORMANCE WORK STATEMENTHOME ACCESSIBILITY MODIFICATIONS1.0 SPECIFIC REQUIREMENTS.1.1 Location of Work: The work shall be performed in Sparks, Nevada1.2 Period of Performance: The period of performance is 90 calendar days from receipt of Notice to Proceed (NTP). This includes the submittal review process, ordering and receiving materials, working time, and project closeout.1.3 Work Hours: Work is to be performed from 8:00 am to 5:00 pm, Monday through Friday excluding Federal Holidays. Exceptions must be requested in writing and may only be approved by the Contracting Officer.2.0 SCOPE OF WORKThe Contractor shall provide all labor, tools, equipment, materials and supervision to perform the work indicated in this Performance Work Statement (PWS). The tasks provided under this contract consist of, but are not limited to the tasks listed. The Contractor shall provide all ancillary tasks and materials necessary to provide a complete, useable space.2.1 Background: Title 38 of the United States Code, (U.S.C.), Section 3120, is the statutory authority for the Secretary of Veterans Affairs to provide programs of independent living services and assistance in various geographic regions of the United States.? ?Under this authority, the Veterans Benefit Administration may enter into contracts to provide services, to include construction, to primary residences when deemed medically necessary to maximize independence in daily livingThe intent of the construction project is to prevent falls in the Veteran’s master bathroom, help the Veteran bathe independently, and improve the accessibility throughout his home. The Veteran is unable to shower independently because his has trouble with stepping into his bathtub and remaining standing for the length of the shower. Renovating the shower, installing tile and a more accessible vanity in the bathroom will improve the Veteran’s accessibility. Likewise adding a handrail to the stairs in the Veteran’s garage will allow him to traverse the stairs unaided with no difficulty2.2 General Construction Activities: Alterations include architectural, mechanical, electrical, HVAC, lighting and/or other related work, interior finishes including ceiling, painting, provide and install additional power outlets and services as needed, and carpeting/resilient flooring work.Contractor shall be responsible for removal and disposal of all materials being demolished and/or removed for the project.Contractor shall deliver all elements of the project (bathroom vanities, grab bars, toilet, sinks and faucet, barrier free shower assembly, flooring, painting, mirror, light fixture, etc ) in good working order at the completion of the work.All items included in this scope of work shall be new, in good working order, free of defects.Contractor shall be responsible for removal and disposal of all materials brought on site to perform the work.Contractor shall be responsible for delivering a clean, ready to use space. Contractor shall not disrupt adjacent portions of the house. Contractor shall be responsible for cleaning any areas sullied during performance of the work.Contractor shall keep the work space tidy during the remodel and minimize impacts and obstructions to other areas of the house.Contractor shall be responsible for repairing any area of the house or property damaged by the contractor during performance of the work.Contractor shall inspect the existing plumbing to ensure it is in good working order. Contractor shall replace any plumbing as necessary to complete the project. Interior and exterior finishes required to complete the project shall match the existing finishes. Specific Construction Activities: 2.3.1 Master Bathroom; Please refer to Sketch A, Master Bathroom 3340735177165400428225751472565600634709107277105005386016588963530034143375890270200244208708902701001Scope of Work for Sketch A2.3.1.1 Remove existing vanity, countertop, sink and ceramic tile border around existing sink. Salvage existing sink and faucet for re-installation.2.3.1.2 Provide new vanity with base cabinet, countertop. The vanity should be 34” AFF. Reinstall the salvaged sink.2.3.1.3 Patch wall around sink, paint and seal around new vanity.2.3.1.4 Cut the existing drywall, install wood blocking, patch wall. Provide swing away grab bar, Bobrick B-4998 or equal. Seal around it and paint all the walls. Coordinate the mounting height with Mr. Veteran.2.3.1.5 Provide recessed toilet paper dispenser into new base cabinet, Bobrick, B6677 or equal mounted to side. Coordinate the mounting height with Mr. Veteran.2.3.1.6 Paint all walls and ceiling, patch all flooring. Clean up the entire bathroom after renovation. Rough dimensions are 87”x60”. Please refer to photos illustrating existing conditions.2.3.2 Secondary Bathroom; Please refer to Sketch B, Secondary Bathroom Layout107823013315959009354965011645901200123112770160274013001314033503263901100111943100153035110011283972016078201000101078230161099560063601720146685800825654001607820700710782301880870400416268707277105005107823021551901001312420045593030034216400151511020023124200173990100142164001240790100113525507327901001-5975985-4819015#00#Scope of Work for Sketch B2.3.2.1 Remove and dispose of existing vanity including base cabinet, countertop, 2 mirrors, toilet, and the bathtub. Salvage existing shower faucet assembly for possible re-use. Remove and dispose of wall (10 LF), door and flooring. Rework plumbing, electrical and HVAC as required for a new work.2.3.2.2 Prepare existing area where the tub was removed to receive barrier free shower assembly. Provide plywood around the area for support as required and recommended by the manufacturer. Provide barrier free shower assembly by Best Bath, Aquatic Bath or equal. The assembly should include all of the manufacturer’s options; grab bars, fold up seat, hand held shower assembly with slide bar, and pressure balancing mixing valve, soap dish and curtain rod. Rework plumbing as necessary to receive the new shower assembly. Color and finish to be selected by Mr. Veteran.2.3.2.3 Provide new ADA toilet assembly. Color to be selected by Mr. Veteran.2.3.2.4 Provide new wall framing (10LF) increasing depth of bathroom by roughly 16”. The wall to match existing framing, with 5/8” moisture resistance drywall. Provide 5/8” drywall ceiling in the enlarged bathroom, patch with existing drywall ceiling, finish and prep for paint. Rework plumbing, electrical and HVAC as required.2.3.2.5 Provide new vanity with 20” wide base cabinet, countertop, sink and faucet. The vanity should be 34” AFF. Colors for the base cabinet, countertop, sink and faucet to be selected by Mr. Veteran. Rework plumbing and electrical as required.2.3.2.6 Provide new 3’0x7’0 hollow wood door with 3 hinges, lever handles and 1 privacy lockset. Provide trim inside and outside the opening. Color and finish to be selected by Mr. Veteran.2.3.2.7 Provide 4”x4” floor ceramic tile with 4” wall base. Grout as required. Colors to be selected by Mr. Veteran.2.3.2.8 Cut existing drywall, install wood blocking, patch wall. Provide swing away grab bar, Bobrick B-4998 or equal. Seal around it and paint all the walls. Coordinate the mounting height with Mr. Veteran. 2.3.2.9 Install floor stop at wall.2.3.2.10 Prime and paint all walls, ceilings, and door framing with bathroom paint. Rough dimensions of the bathroom are 94”x60”. Please refer to photos illustrating existing conditions.2.3.2.11 Provide two mirrors.2.3.2.12 Provide shower rod.2.3.2.13 Seal around all fixtures and assemblies.2.3.3 Entrance to the Garage; Please refer to Sketch C 187579014541500-5975985-4819015#00#Scope of Work for Sketch C2.3.3.1 Provide aluminum rail securely fastened to the floor and wall. Patch and seal penetrations as required. Touch up paint. Please refer to photos illustrating existing conditions.ADDITIONAL IMAGESMaster Bathroom Images3176270127000003810001365250038100013652500Master Bathroom Master BathroomSecondary Bathroom Images and Garage Entrance 32073851092200036766510922000Secondary Bathroom ExpansionSecondary Bathroom Existing Condition320103513970003676651397000Secondary Bathroom Existing ConditionEntrance to the Garage Existing Conditions3.0 SUBMITTALSThe contractor shall provide all submittals directly to the Contracting Officer. All submittals shall be electronic where possible. Product submittals shall be sent to the Contracting Officer or Contracting Officer’s Representative and the Construction Manger as noted at _____________. No work shall begin onsite until all submittals are received and approved by the VA.3.1 Project Management Plan (PMP): The Contractor shall submit one electronic copy of the PMP in PDF format to the Contracting Officer for review and approval within ten calendar days after receipt of award. The Government will approve or provide comments why the PMP was not approved within five business days after receiving the PMP. If required, the Contractor shall submit the revised PMP within two business days of receiving the PMP comments. The Contractor shall submit updates to the PMP within three business days of any changes. Maintain copies of all PMP documents at the project site throughout the project. Components included in the PMP are:3.1.1 Contractor Approach: Contractor shall provide a narrative description of the contractor’s plan for accomplishing the project. Narrative shall describe the contractor’s plan for the project including methodologies and material descriptions for major elements of the work (framing, roofing, flooring, HVAC, electrical, plumbing, etc.). The approach should reflect sufficient detail to demonstrate the contractor’s understanding of the project and their evaluation and mitigation of any potential risk areas. Contractor shall also provide sketches and/or shop drawings as necessary to communicate the contractor’s planned approach. 3.1.2 Project Schedule: Submit proposed Project Schedule showing all project milestones and dates for Government reviews and inspections.3.1.3 Project directory: Submit a list identifying key participants including the Contractor’s Project Manager, Superintendent, and primary subcontractors. Directory shall include personnel title, address, telephone number, cell phone number, and email address.3.1.4 Quality Control Plan: Submit a viable, documented plan for self-monitoring of the project process quality. VA will perform random Quality Assurance inspections throughout the duration of the project to assure quality throughout all aspects of construction. 3.1.5 Site Specific Safety Plan: Submit safety plan relevant to the project particularly with regards to keeping the occupants of the house safe.3.1.6 Waste Management Plan (WMP): Submit a plan for disposal or recycling of demolition materials. Recycle and/or salvage at least 50% of construction and demolition materials. Calculations can be done by weight or volume, but must be consistent throughout the project. NOTE: Contractor shall not use the Veteran’s building waste removal system for any debris associated with the project.3.2 Product Submittals: The Contractor shall submit for VA approval all product submittals prior to use of any materials on the jobsite. Submit two (2) copies of all product materials. Submittals must be accompanied by a letter of transmittal from the Contractor to the Government and Construction Manager. One set of approved submittals shall be retained at the job site until the project is complete. Submittal DescriptionProductData/CutDwg / SketchSampleShop drawings and product data on vanity with a countertopXXXSwing away grab bar manufactured by Bobrick, B-4998 or equal or equalXXRecessed Toilet Tissue Dispenser, Bobrick B-6677 or equal, Barrier free shower assembly, Best Bath, Aquatic Bath or equual; Shower assembly should come with grab bars, fold up seat, hand held shower assembly with slide bar, and pressure balancing mixing valve, soap dish, curtain rod.XX ADA toilet assembly. Color to be selected by Mr. VeteranX X 4”x4” floor ceramic tile and base; color to be selected by Mr. Veteran XXWall mounted light fixture; finish to be selected by Mr. Veteran XWall mounted mirror; finish to be selected by Mr. Veteran XXPaint XXMirror XXAluminum RailX3.3 Project Close Out Submittals: Final payment will not be made until all close out submittals are complete.3.3.1 A Release of Claims (ROC) must be completed by the prime contractor and all first tier subcontractors. Submit one electronic copy of each release to the Contracting Officer. The Government will withhold a minimum of 10% of the contract amount until all releases are completed. The prime contractor may list the outstanding contract balance on the release. Subcontractors may have no claims listed.3.3.2 One year warranty letter covering contractor’s materials and workmanship for the entire project. Contractor shall provide VA with all manufacturer or labor warranties that cover periods exceeding the 1-year warranty period, one (1) electronic and one (1) paper copy of each warranty.3.3.3 Operation and Maintenance (O&M) Manuals. The Contractor shall provide one electronic and one paper copy of O&M manuals within five days of project completion.3.3.4 Copy of all permits/permissions obtained for the work as mandated by local/state agencies. Contractor shall provide one electronic and one paper copy of all permits/permissions.3.3.5 Waste Management Report. The contractor shall provide a report detailing the amount and types of demolition materials recycled during the project. The report should detail actual activities against planned activities in the Waste Management Plan.4.0 GENERAL REQUIREMENTS.4.1 Security – The contractor shall ensure that all personnel (including subcontractors) assigned to perform work associated with the tasks described in this PWS have been screened through standard employment background checks. The contractor shall provide proof of these screenings upon request by the Contracting Officer. All contractor personnel must be identified with a picture ID provided by the employer and must prominently display said ID at all times while on-site. Contractor provided ID shall include, at a minimum, the employer name, employee name, and employee picture.4.2 Photography: Any photos taken by the contractor of the Veteran’s home shall not include the Veteran or any occupants of the home. Photographs shall not include any information that could be considered Personally Identifiable Information (PII) including license plates, addresses, names, telephone numbers or other information that might identify the Veteran or any occupants of the home. Contractor shall treat photographs related to this project as sensitive information. All photos shall be destroyed at the end of the project and a memo confirming this shall be required prior to final payment. If the security photos are compromised in any way the contractor is required to notify the VA immediately.4.3 Building Access: Contain activities to affected spaces within the house. Contractor personnel shall not access portions of the Veteran’s home not directly involved or necessary to the work at hand.4.4 Disruptions. Minimize disruptions to home occupants to the maximum extent practicable. This includes no loud radios playing, courteous language and professional demeanor, and appropriately ventilating space for noxious odors. 4.5 Daily Cleanup. Contractor personnel shall clean the area and remove dirt and debris from worksite, at a minimum, at the end of each work period. The Contractor shall provide waste removal for all construction debris. 4.6 Parking: Contractor may park up to one (one) vehicle on site OR Limited on street parking is available for the contractor. Contractor shall carpool to ensure minimum disruption to neighborhood. 4.7 Deliveries: Deliveries made to the work site must be received by contractor personnel.4.8 Storage and Staging of Materials: No storage of material and equipment is allowed on the premises, site. Contractor must make sure to have adequate and properly planned tools, material and equipment to perform daily scope of work. 4.9 Paint: Any and all paint repairs shall match existing wall finishes in color, sheen and texture. There shall be no sags, orange peels, or blemishes on repaired or new painted surfaces. There shall be suitable break lines in keeping with a professional application. Provide proper protection of adjacent materials to prevent unwanted paint on non-painted items. Contractor shall be responsible to remove paint spatters on non-painted items. 4.10 Low Pollutant Emitting Materials: The following shall be low-emitting materials for this project: All-purpose construction adhesives, sealants, cleaners, primers and paints.4.11 Energy Efficient Products and Equipment: All materials, products, and equipment being installed which fall into a category covered by the ENERGY STAR? program must be ENERGY STAR? labeled. All materials, products, and equipment being installed which fall into a category covered by the Federal Energy Management Program (FEMP) designated energy efficient products program must be FEMP designated. All electronic products and equipment being installed which fall into a category covered by the EPEAT? program must be EPEAT? registered.4.12 Water Efficient Products and Equipment Requirements: All products and equipment being installed must be water-efficient, when available. All materials, products, and equipment being installed which fall into a category covered by the U.S. Environmental Protection Agency’s (EPA) WasterSense? program must be WaterSense? labeled or meet or exceed WaterSense? program performance requirements.4.13 Minimize Toxic and Hazardous Materials: Minimize use and release of toxic and hazardous chemicals and materials, including toxic chemicals, hazardous substances, ozone-depleting substances, and other pollutants that my results in significant harm to human health or the environment.4.14 Recycled Content: Any products being installed or used that are listed on EPA’s designated list must meet or exceed EPA’s recycled content recommendations when the products meet VA’s performance requirements are available at a reasonable cost.4.15 Utilities. Usual water and electric service will be provided to the Contractor at no cost. Contractor shall take all necessary steps to ensure that energy and water conservation policies and practices are in use. Contractor shall be responsible for excessive use of utilities and shall reimburse the Veteran for any excessive use e.g. water left on, broken pipes, etc.4.16 Protection of Existing: The Contractor shall provide all engineering controls to protect all areas being worked on from migration of dirt, dust, over spray and over brushing, and shall return all areas (including existing HVAC ductwork) to the original condition. The Contractor shall provide all labor, material, and equipment necessary for the protection of personnel, furnishings, equipment, or building structure from damage. The Contractor shall replace or repair to the original condition any items damaged due to work performed under this contract, at no additional cost to the Government4.17 Demolition Salvage.4.17.1 Removed items not indicated to be reused or retained by the Government become the property of the Contractor and shall be removed from the site.4.17.2 Salvage value, if any, of removed items shall be reflected in the bid.4.17.3 The Government is not responsible for any loss or damage to materials, supplies, tools, or equipment on the site, including materials in which salvage value may have been reflected in bid.4.17.4 Storage or sale of excess salvable material on the site is prohibited. 4.18 Meetings:4.18.1 Pre-Construction Meeting: VA will host a meeting to review contractual, technical issues, objectives of the project, and communication protocols. This meeting will include discussions of schedules, submittal dates, and establish all further points of contact prior to commencement of work. This meeting will be scheduled within ten working days from the award date of the contract. 4.18.2 Progress Meetings: The Contractor shall be available to meet with the Contracting Officer, Contracting Officer’s Representative (COR) and/or Construction Manager (CM) upon request to present deliverables, discuss progress, exchange information and resolve emergent technical problems and issues. The Contractor shall keep VA informed, through regular meetings or reports, onsite discussions and/or emails of progress and potential problems concerning the project. The Contractor is required to keep an open dialog with the CM, particularly in areas relating to schedule slippage or any potential conflicts regarding project standards. The Contractor is required to bring such matters to the attention of the CM as soon as he/she is aware of the issues. 4.19 Close Out Requirements: All items under this paragraph must be completed prior to submitting the final invoice for payment.4.19.1 Final Cleaning: Clean each surface or unit to the condition expected in a normal, commercial cleaning and maintenance program. Comply with manufacturer’s instructions.4.19.2 Construction Debris, Contractor Tools, Equipment, and Materials: All debris, tools, equipment, and materials shall be removed from the jobsite.4.19.3 Punch list: Contractor shall submit punch list to CM at least five business days prior to scheduled completion of project. Upon receipt of the punch list, VA will inspect the jobsite. Based on the Contractor’s punch list and VA’s inspection, VA will provide the Contractor with any additions or comments within two business days. 4.19.4 100% Completion of all punch list items.4.19.5 Submission of all required close-out submittals as referenced in Section 3.3 of this PWS.5.0 APPLICABLE REGULATIONS, CODES, MANUALS, ETC.The contractor is solely responsible for obtaining all required permits and permissions from the local and/or state agencies as required by local codes/regulations. Any required drawings, plans, specifications, or paperwork required by the local codes/regulations shall be the responsibility of the contractor. The contractor shall perform the work in accordance with the following:5.1 International Building Code, Current Version.5.2 Uniform Mechanical Code, Current Version.5.3 National Electrical Code, NFPA 70, Current Versions.5.4 National Fire Protection Association 101 (NFPA) Life Safety Code, 1991, Current Version.5.5 Americans with Disabilities Act and Architectural Barriers Act Accessibility Guidelines, Current Versions.5.6 Occupational Health and Safety Administration (OSHA) Part 19265.7 Applicable state/local codes and regulations including but not limited to the following;5.7.1 Nevada State Building Codes and Regulations5.7.2 Carson City Building Zones and Regulations, Regulations and Requirements for Residential ConstructionWAGE DETERMINATIONThe following Wage Determination is hereby incorporated:General Decision Number: NV160021 01/29/2016 NV21Superseded General Decision Number: NV20150021State: NevadaConstruction Type: ResidentialCounty: Washoe County in Nevada.INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORSSYSTEM FOR AWARD MANAGEMENT (SAM):Federal Acquisition Regulations require that the Contractor is register in the System for Award Management (SAM) database at and enter all mandatory information into the system. Award cannot be made until the Contractor has registered. Offerors are encouraged to ensure that they are registered and active in SAM prior to submitting their offer. NAICS Code 236118 has been designated for this requirement and shall be listed within the contractors SAM profile.REPRESENTATIONS AND CERTIFICATIONS:Completion of Annual Representations and Certifications (See FAR 52.204-8) shall be completed electronically via System for Award Management (SAM) database at prior to submission of your quote.REQUIREMENT TO BE CVE CERTIFIED IN :This RFQ is a total “Service Disable Veterans Owned Small Business” set-aide. Offeror must be CVE certified in at the time of quote submission. Only VA verified SDVOSB’s in the VIP database at the time of quote submission will be considered for award. Non-VIP verified firms will be considered non-responsive and ineligible for award.SUBMISSION OF QUOTE:EMAIL QUOTE TO: kevin.searles2@ The contractor shall complete Blocks 12 through 16 on the SF 18 and the “price/cost schedule” page and return them back with the submission of your quote. Quotes are due no later than the date and time specified in block 6 of the Standard Form 18.EVALUATION CRITERIA / BASIS OF AWARD:The Government intends to award a contract to the offeror representing the “best value” to the Government. Award may be made without discussions based on the Contracting Officer’s decision. Best value is defined as the lowest evaluated price with a minimum of a satisfactory past performance rating. The offeror with the lowest price with satisfactory past performance will receive the award.Pricing shall reflect “firm-fixed pricing”.Past performance evaluation will be conducted using information obtained from the information submitted on Past Performance Questionnaire Form, attached herein, and the Past Performance Information Retrieval System (PPIRS). The government reserves the right to obtain past performance information from any available source and may contact customers other than those identified in PPIRS. Absence of past performance will result in a neutral rating.Exchanges with offerors after receipt of offers may occur.SITE VISIT:A site visit will be held on the date specified in block 11(b) of the Standard Form 18 and FAR Clause 52.236-27. Please see this section for specific site visit instructions. A valid ID is required. NO WEAPONS OF ANY KIND ARE ALLOWED IN THE BUILDING.QUESTIONS:All questions must be sent via email to the Contracting Officer, kevin.searles2@ by the date and time specified in block 11(b) of the SF 18. Questions will be answered via an amendment to this solicitation. No questions will be answered at the site visit.FAR NumberTitleDate52.204-17OWNERSHIP OR CONTROL OF OFFERORNOV 20142.1 52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS—REPRESENTATION (DEVIATION) (FEB 2015) (a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.(End of Provision)2.2 52.204-20 PREDECESSOR OF OFFEROR (APR 2016) (a) Definitions. As used in this provision— Commercial and Government Entity (CAGE) code means— (1) An identifier assigned to entities located in the United States and its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or (2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by NATO's Support Agency (NSPA) to entities located outside the United States and its outlying areas that DLA Contractor and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as an NCAGE code. Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor. Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances. (b) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years. (c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order): Predecessor CAGE code: ____ (or mark “Unknown”). Predecessor legal name: ____. (Do not use a “doing business as” name).(End of Provision)2.3 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)2.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014) (a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American—Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9). (b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer. (c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9. (2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost. (d) Alternate offers. (1) When an offer includes foreign solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material. (2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies. (3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested— (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or (ii) May be accepted if revised during negotiations.(End of Provision)2.5 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)2.6 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 NumberTitleDate52.222-23NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTIONFEB 1999REPRESENTATIONS AND CERTIFICATIONSFAR NumberTitleDate52.204-7SYSTEM FOR AWARD MANAGEMENTJUL 201352.204-16COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTINGJUL 20153.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (APR 2016) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236118. (2) The small business size standard is $36.5 Million. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies. (2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes: [ ] (i) Paragraph (d) applies. [ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation. (c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated: (i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless— (A) The acquisition is to be made under the simplified acquisition procedures in Part 13; (B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or (C) The solicitation is for utility services for which rates are set by law or regulation. (ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000. (iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management. (iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that— (A) Are not set aside for small business concerns; (B) Exceed the simplified acquisition threshold; and (C) Are for contracts that will be performed in the United States or its outlying areas. (v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation. (vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold. (vii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations. (viii) 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. (ix) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government. (x) 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. (xi) 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. (xii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity. (xiii) 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. (xiv) 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. (xv) 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. (xvi) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items. (xvii) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1. (xviii) 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 $77,533, the provision with its Alternate II applies. (D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies. (xix) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5. (xx) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations. (xxi) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. This provision applies to all solicitations. (xxii) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions. (A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and (B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns. (2) The following representations or certifications are applicable as indicated by the Contracting Officer: [X](i) 52.204-17, Ownership or Control of Offeror. [X](ii) 52.204-20, Predecessor of Offeror. [](iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products. [](iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Certification. [](v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Certification. [](vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only). [](vii) 52.227-6, Royalty Information. [](A) Basic. [](B) Alternate I. [](viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software. (d) The offeror has completed the annual representations and certifications electronically 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 Clause #TitleDateChange Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.(End of Provision)3.2 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) (a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed. (b) Site visits may be arranged during normal duty hours by contacting: Name: See Below Address: See Below Telephone: (End of Provision)SITE VISIT INSTRUCTIONS:There will be a site visit on August 18, 2016 at 10:00 am Mountain Standard Time (MST). For the specific address, please email kevin.searles2@ with a list of attendees no later than 2 PM no later than Noon on August 17, 2016. Individuals not provided as attendees prior to this date and time will not be permitted to attend the site visit.The address will be provided two workdays prior to the scheduled site visit. GENERAL CONDITIONS4.1 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION) (FEB 2015) (a) The Contractor shall not require employees or contractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.(End of Clause)4.2 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016) (a) Definitions. As used in this clause-- "Covered contractor information system" means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information. "Federal contract information" means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments. "Information" means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009). "Information system" means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502). "Safeguarding" means measures or controls that are prescribed to protect information systems. (b) Safeguarding requirements and procedures. (1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls: (i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems). (ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute. (iii) Verify and control/limit connections to and use of external information systems. (iv) Control information posted or processed on publicly accessible information systems. (v) Identify information system users, processes acting on behalf of users, or devices. (vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems. (vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse. (viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals. (ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices. (x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems. (xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks. (xii) Identify, report, and correct information and information system flaws in a timely manner. (xiii) Provide protection from malicious code at appropriate location within organizational information systems. (xiv) Update malicious code protection mechanisms when new releases are available. (xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed. (2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556. (c) Subcontracts. The Contractor shall include the substance of this clause including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system. (End of Clause)4.3 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) (a) Definitions. As used in this clause— Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority. Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity. (b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following: (1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract. (2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract. (3) For long-term contracts— (i) Within 60 to 120 days prior to the end of the fifth year of the contract; and (ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter. (c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at . (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 236118 assigned to contract number TBD.[Contractor to sign and date and insert authorized signer's name and title].(End of Clause)4.4 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:Lead Glass (3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that— (i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American 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)4.5 52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000) (a) The Contractor shall submit one of the following payment protections:- A Payment Bond- An Irrevocable Letter of Credit- A tripartite escrow agreement- Certificates of Deposit (b) The amount of the payment protection shall be 100 percent of the contract price. (c) The submission of the payment protection is required within 10 days of contract award. (d) The payment protection shall provide protection for the full contract performance period plus a one-year period. (e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties. (f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.(End of Clause)4.6 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)4.7 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)4.8 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.4.9 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)4.10 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)4.11 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)4.12 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)4.13 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)4.14 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 1984) (a) Nothing contained in this contract shall be construed as creating any contractual relationship between any subcontractor and the Government. Divisions or sections of specifications are not intended to control the contractor in dividing work among subcontractors, or to limit work performed by any trade. (b) The contractor shall be responsible to the Government for acts and omissions of his/her own employees, and of the subcontractors and their employees. The contractor shall also be responsible for coordination of the work of the trades, subcontractors, and material suppliers. (c) The Government or its representatives will not undertake to settle any differences between the contractor and subcontractors or between subcontractors. (d) The Government reserves the right to refuse to permit employment on the work or require dismissal from the work of any subcontractor who, by reason of previous unsatisfactory work on Department of Veterans Affairs projects or for any other reason, is considered by the contracting officer to be incompetent or otherwise objectionable.(End of Clause)4.15 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)4.16 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)4.17 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)4.18 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)4.19 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)4.20 VAAR 852.236-88 CONTRACT CHANGES--SUPPLEMENT (JUL 2002) The clauses entitled “Changes” in FAR 52.243-4 and “Differing Site Conditions” in FAR 52.236-2 are supplemented as follows: (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)4.21 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)4.22 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)4.23 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)4.24 VAAR 852.246-75 WARRANTY FOR CONSTRUCTION--GUARANTEE PERIOD SERVICES (JAN 2008) The clause entitled "Warranty of Construction" in FAR 52.246-21 is supplemented as follows: Should the contractor fail to prosecute the work or fail to proceed promptly to provide guarantee period services after notification by the contracting officer, the Government may, subject to the default clause contained at FAR 52.249-10, Default (Fixed- Price Construction), and after allowing the contractor 10 days to correct and comply with the contract, terminate the right to proceed with the work (or the separable part of the work) that has been delayed or unsatisfactorily performed. In this event, the Government may take over the work and complete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The contractor and its sureties shall be liable for any damages to the Government resulting from the contractor's refusal or failure to complete the work within this specified time, whether or not the contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Government in completing the work.(End of Clause)4.25 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 NumberTitleDate52.204-10REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDSOCT 201552.204-13SYSTEM FOR AWARD MANAGEMENT MAINTENANCEJUL 201352.204-18COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCEJUL 201552.204-19INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONSDEC 201452.209-6PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENTOCT 201552.209-10PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONSNOV 201552.211-12LIQUIDATED DAMAGES—CONSTRUCTIONSEP 200052.222-3CONVICT LABORJUN 200352.222-6CONSTRUCTION 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 FACILITIESAPR 201552.222-26EQUAL OPPORTUNITYAPR 201552.222-27AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTIONAPR 201552.222-36EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIESJUL 201452.222-50COMBATING TRAFFICKING IN PERSONSMAR 201552.222-55MINIMUM WAGES UNDER EXECUTIVE ORDER 13658DEC 201552.223-2AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTSSEP 201352.223-10WASTE REDUCTION PROGRAMMAY 201152.223-18ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVINGAUG 201152.225-13RESTRICTIONS ON CERTAIN FOREIGN PURCHASESJUN 200852.227-4PATENT INDEMNITY—CONSTRUCTION CONTRACTSDEC 200752.232-5PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTSMAY 201452.232-23ASSIGNMENT OF CLAIMSMAY 201452.232-27PROMPT PAYMENT FOR CONSTRUCTION CONTRACTSMAY 201452.232-34PAYMENT BY ELECTRONIC FUNDS TRANSFER—OTHER THAN SYSTEM FOR AWARD MANAGEMENTJUL 201352.232-39UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONSJUN 201352.232-40PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORSDEC 201352.233-1DISPUTES ALTERNATE I (DEC 1991)MAY 201452.233-3PROTEST AFTER AWARDAUG 199652.233-4APPLICABLE LAW FOR BREACH OF CONTRACT CLAIMOCT 200452.236-5MATERIAL 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 198452.236-12CLEANING UPAPR 198452.236-13ACCIDENT PREVENTIONNOV 199152.236-17LAYOUT OF WORKAPR 198452.236-26PRECONSTRUCTION CONFERENCEFEB 199552.242-14SUSPENSION OF WORKAPR 198452.243-5CHANGES AND CHANGED CONDITIONSAPR 198452.244-6SUBCONTRACTS FOR COMMERCIAL ITEMSJUN 201652.246-12INSPECTION OF CONSTRUCTIONAUG 199652.246-21WARRANTY OF CONSTRUCTIONMAR 199452.249-2TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE)APR 201252.249-10DEFAULT (FIXED-PRICE CONSTRUCTION) ALTERNATE I (APR 1984)APR 1984 ................
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