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?TC "PART I - THE SCHEDULE" \l 1TC "SECTION A - SOLICITATION/CONTRACT FORM" \l 1TC "SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)" \l 2

1. SOLICITATION NUMBER2. TYPE OF SOLICITATION3. DATE ISSUEDPAGE OF PAGES4. CONTRACT NUMBER5. REQUISITION/PURCHASE REQUEST NUMBER6. PROJECT NUMBER7. ISSUED BYCODE8. ADDRESS OFFER TOa. NAMEb. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? (If "YES," indicate within how many calendar days after award in Item 12B.)12b. CALENDAR DAYS13. ADDITIONAL SOLICITATION REQUIREMENTS:STANDARD FORM 1442 (REV. 8/2014)STANDARD FORM 1442Prescribed by GSA-FAR (48 CFR) 52.236-1(d)SOLICITATION, OFFER,AND AWARD(Construction, Alteration, or Repair)SOLICITATIONSOLICITATIONIMPORTANT - The "offer" section on the reverse must be fully completed by offeror.9. FOR INFORMATION CALL:NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".SEALED BID (IFB)NEGOTIATED (RFP)11. The Contractor shall begin performance within ____________ calendar days and complete it within ____________ calendar days after receivingaward,notice to proceed. This performance period ismandatorynegotiable. (See _____________________________).YESNOa.Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________(hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealedenvelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.b.An offer guarantee is,is not required.c.All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference. .d.Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.17236C25618R0173X05-08-2018NONEDepartment of Veterans AffairsGulf Coast Veterans Health Care SystemNetwork Contracting Office (NCO) 16400 Veterans AvenueBiloxi MS 39531Gulf Coast Veterans Health Care SystemNetwork Contracting Office (NCO) 16ATTN: Beth Cook Bldg. T-102 Room A100400 Veterans AvenueBiloxi MS 39531Beth Cook Beth.Cook@228-523-4371ANY REFERENCE TO BID OR BIDDER HEREIN MEANS OFFER OR OFFEROR. THIS PROCUREMENT IS A 100% SET-ASIDE FOR SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (SDVOSB's) UNDER PUBLIC LAW(PL) 109-461. OFFERORS MUST BE VERIFIED AS A SDVOSB IN THEVETBIZ VENDOR INFORMATION PAGES (VIP) AT. OFFERS RECEIVED FROM CONTRACTORS WHO ARE NOT SDVOSB VERIFIED IN THE VETBIZ VIP WILL NOT BECONSIDERED FOR AWARD. NOTICE OF TOTAL SMALL BUSINESS SET-ASDIE, PAGES 5-9 OF THE SCHEDULE OF OFFER ITEMS APPLIES TO ALLITEMS IN THIS SOLICITATION. FEDERAL ACQUISITION REGULATIONS REQUIRE THAT FEDERAL CONTRACTORS REGISTER IN THE SYSTEM FOR AWARD MANAGEMENT (SAM)DATABASE AT AND ENTER ALL MANDATORY INFORMATION INTO THE SYSTEM. AWARD CANNOT BE MADE UNTIL THECONTRACTOR HAS REGISTERED. OFFERORS ARE ENCOURAGED TO ENSURE THAT THEY ARE REGISTERED IN SAM PRIOR TO SUBMITTING THEIRPROPOSAL. This procurement is for Indefinite-Delivery Indefinite Quantity (IDIQ) type contracts for non-recurring maintenance,repair and construction services (including new construction) for multiple locations in VISN 16. See Schedule of OfferItems for details. The contract period will be for one five-year base period from date of award with no options. Theguaranteed minimum for the contract is $500.00. Maximum total ceiling per contract is $25,000,000.00. The maximumamount is not guaranteed. Individual task orders will be issued for a minimum of $2,000 and may not exceed a maximum of$500,000 per task order. PRIMARY NAICS CODE: 236220 SIZE STANDARD: $36.5M The R. S. Means Facilities Construction Costs Book will be the unit price book (UPB) used for the entire IDIQcontract performance period (five years). Offerors will propose separate coefficients for each location chosen. PROPOSED PRICING (COEFFICIENTS) IS TO BE SHOWN IN THE SCHEDULE OF OFFER ITEMS ON PAGES 5-9 OF THE SOLICITATION. All work is to be done in strict compliance with the terms and conditions of this solicitation and the individual taskorders. Geographical areas where work is to be performed: Biloxi, MS, Pensacola, FL, Eglin AFB, FL, Panama City Beach, FL,Pineville, LA, Leesville, LA, Jennings, LA, Lafayette, LA, Lake Charles, LA, Natchitoches, LA, Shreveport, LA, NewOrleans, LA, Hammond, LA, and Reserve, LA MULTIPLE AWARDS WILL BE MADE FOR EACH OF THE FOUR LOCATIONS SHOWN ON THE SCHEDULE OF OFFER ITEMS. OFFERORS WHO FAIL TOSUBMIT ALL THE COEFFICIENTS AND OVERHEAD AND PROFIT RATES FOR EACH LOCATION CHOSEN BY THE OFFEROR WILL NOT BE CONSIDEREDFOR AWARD. 10SEE TO'SXX52.211-10X10412:00pm06-08-2018X120 14. NAME AND ADDRESS OF OFFEROR15. TELEPHONE NUMBER16. REMITTANCE ADDRESSCODEFACILITY CODE17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer isaccepted by the Government in writing within __________ calendar days after the date offers are due.AMOUNTS18. The offeror agrees to furnish any required performance and payment bonds.19. ACKNOWLEDGMENT OF AMENDMENTSAMENDMENTNUMBERDATE.20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER20b. SIGNATURE20c. OFFER DATE21. ITEMS ACCEPTED:22. AMOUNT23. ACCOUNTING AND APPROPRIATION DATA24. SUBMIT INVOICES TO ADDRESS SHOWN INITEM25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO10 U.S.C. 2304(c)( ) 41 U.S.C. 3304(a) ( ) 26. ADMINISTERED BY27. PAYMENT WILL BE MADE BYPHONE:FAX:28. NEGOTIATED AGREEMENT29. AWARDYourContractor agreesoffer on this solicitation is hereby accepted as to the items listed. Thisto furnish and deliver all items or perform all work requirements identifiedaward consummates the contract, which consists of (a) the Governmenton this form and any continuation sheets for the consideration stated insolicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contractractual document is necessary.shall be governed by (a) this contract award, (b) the solicitation, and (c)the clauses, representations, certifications, and specifications incorporatedby reference in or attached to this contract.30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED31a. NAME OF CONTRACTING OFFICERTO SIGN30b. SIGNATURE30c. DATE31b. UNITED STATES OF AMERICA31c. AWARD DATEBYOFFERAWARDSTANDARD FORM 1442 (REV. 8/2014) BACK (Include ZIP Code)(Include area code)(Include only if different than Item 14.)(Insert any number equal to or greater thanthe minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)(Type or print)(4 copies unless otherwise specified)(Type or print)(Type or print)(Contractor is required to sign thisdocument and return _______ copies to issuing office.)(Contractor is not required to sign this document.)(Must be fully completed by offeror)(To be completed by Government)CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE SEE SCHEDULE OF OFFER ITEMSDepartment of Veterans AffairsGulf Coast Veterans Health Care SystemNetwork Contracting Office 16400 Veterans AvenueBiloxi MS 39531Department of Veterans AffairsFinancial Services CenterP.O. Box 149971Austin TX 78714 8972X1WILLIAM A. GEARYNCO1615L3-0926 Table of Contents TOC \o "1-4" \f \h \z \u \x HYPERLINK \l "_Toc256000000" PART I - THE SCHEDULE PAGEREF _Toc256000000 \h 1 HYPERLINK \l "_Toc256000001" SECTION A - SOLICITATION/CONTRACT FORM PAGEREF _Toc256000001 \h 1 HYPERLINK \l "_Toc256000002" SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair) PAGEREF _Toc256000002 \h 1 HYPERLINK \l "_Toc256000003" A.1 SCHEDULE OF OFFER ITEMS PAGEREF _Toc256000003 \h 5 HYPERLINK \l "_Toc256000004" A.2 STATEMENT OF WORK PAGEREF _Toc256000004 \h 11 HYPERLINK \l "_Toc256000005" INFORMATION REGARDING OFFER MATERIAL, OFFER GUARANTEE AND BONDS PAGEREF _Toc256000005 \h 28 HYPERLINK \l "_Toc256000006" 1.1 GENERAL PROPOSAL INFORMATION PAGEREF _Toc256000006 \h 28 HYPERLINK \l "_Toc256000007" 1.2 PROPOSAL PREPARATION AND EVALUATION INFORMATION PAGEREF _Toc256000007 \h 30 HYPERLINK \l "_Toc256000008" INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS PAGEREF _Toc256000008 \h 41 HYPERLINK \l "_Toc256000009" 2.1 52.216-1 TYPE OF CONTRACT (APR 1984) PAGEREF _Toc256000009 \h 41 HYPERLINK \l "_Toc256000010" 2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) PAGEREF _Toc256000010 \h 41 HYPERLINK \l "_Toc256000011" 2.3 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014) PAGEREF _Toc256000011 \h 41 HYPERLINK \l "_Toc256000012" 2.4 52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000) PAGEREF _Toc256000012 \h 42 HYPERLINK \l "_Toc256000013" 2.5 52.233-2 SERVICE OF PROTEST (SEP 2006) PAGEREF _Toc256000013 \h 43 HYPERLINK \l "_Toc256000014" 2.6 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) PAGEREF _Toc256000014 \h 43 HYPERLINK \l "_Toc256000015" 2.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) PAGEREF _Toc256000015 \h 44 HYPERLINK \l "_Toc256000016" 2.8 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) PAGEREF _Toc256000016 \h 44 HYPERLINK \l "_Toc256000017" 2.9 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) PAGEREF _Toc256000017 \h 44 HYPERLINK \l "_Toc256000018" 2.10 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998) PAGEREF _Toc256000018 \h 45 HYPERLINK \l "_Toc256000019" 2.11 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) PAGEREF _Toc256000019 \h 45 HYPERLINK \l "_Toc256000020" REPRESENTATIONS AND CERTIFICATIONS PAGEREF _Toc256000020 \h 46 HYPERLINK \l "_Toc256000021" 3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018) PAGEREF _Toc256000021 \h 46 HYPERLINK \l "_Toc256000022" 3.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) PAGEREF _Toc256000022 \h 49 HYPERLINK \l "_Toc256000023" GENERAL CONDITIONS PAGEREF _Toc256000023 \h 51 HYPERLINK \l "_Toc256000024" 4.1 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) PAGEREF _Toc256000024 \h 51 HYPERLINK \l "_Toc256000025" 4.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) PAGEREF _Toc256000025 \h 52 HYPERLINK \l "_Toc256000026" 4.3 52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (SEPT 2000) PAGEREF _Toc256000026 \h 52 HYPERLINK \l "_Toc256000027" 4.4 52.216-18 ORDERING (OCT 1995) PAGEREF _Toc256000027 \h 52 HYPERLINK \l "_Toc256000028" 4.5 52.216-19 ORDER LIMITATIONS (OCT 1995) PAGEREF _Toc256000028 \h 52 HYPERLINK \l "_Toc256000029" 4.6 52.216-22 INDEFINITE QUANTITY (OCT 1995) PAGEREF _Toc256000029 \h 53 HYPERLINK \l "_Toc256000030" 4.7 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) PAGEREF _Toc256000030 \h 53 HYPERLINK \l "_Toc256000031" 4.8 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED ITEMS (MAY 2008) PAGEREF _Toc256000031 \h 55 HYPERLINK \l "_Toc256000032" 4.9 52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (OCT 2016) PAGEREF _Toc256000032 \h 55 HYPERLINK \l "_Toc256000033" 4.10 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997) PAGEREF _Toc256000033 \h 60 HYPERLINK \l "_Toc256000034" 4.11 SUPPLEMENTAL INSURANCE REQUIREMENTS PAGEREF _Toc256000034 \h 60 HYPERLINK \l "_Toc256000035" 4.12 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) PAGEREF _Toc256000035 \h 61 HYPERLINK \l "_Toc256000036" 4.13 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) PAGEREF _Toc256000036 \h 63 HYPERLINK \l "_Toc256000037" 4.14 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992) PAGEREF _Toc256000037 \h 64 HYPERLINK \l "_Toc256000038" 4.15 VAAR 852.211-74 LIQUIDATED DAMAGES (JAN 2008) PAGEREF _Toc256000038 \h 64 HYPERLINK \l "_Toc256000039" 4.16 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION) PAGEREF _Toc256000039 \h 64 HYPERLINK \l "_Toc256000040" 4.17 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008) PAGEREF _Toc256000040 \h 65 HYPERLINK \l "_Toc256000041" 4.18 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) PAGEREF _Toc256000041 \h 65 HYPERLINK \l "_Toc256000042" 4.19 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (JUL 2002) PAGEREF _Toc256000042 \h 66 HYPERLINK \l "_Toc256000043" 4.20 VAAR 852.236-74 INSPECTION OF CONSTRUCTION (JUL 2002) PAGEREF _Toc256000043 \h 67 HYPERLINK \l "_Toc256000044" 4.21 VAAR 852.236-76 CORRESPONDENCE (APR 1984) PAGEREF _Toc256000044 \h 67 HYPERLINK \l "_Toc256000045" 4.22 VAAR 852.236-77 REFERENCE TO "STANDARDS" (JUL 2002) PAGEREF _Toc256000045 \h 67 HYPERLINK \l "_Toc256000046" 4.23 VAAR 852.236-78 GOVERNMENT SUPERVISION (APR 1984) PAGEREF _Toc256000046 \h 67 HYPERLINK \l "_Toc256000047" 4.24 VAAR 852.236-79 DAILY REPORT OF WORKERS AND MATERIAL (APR 1984) PAGEREF _Toc256000047 \h 68 HYPERLINK \l "_Toc256000048" 4.25 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 1984) PAGEREF _Toc256000048 \h 68 HYPERLINK \l "_Toc256000049" 4.26 VAAR 852.236-82 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS) (APR 1984) PAGEREF _Toc256000049 \h 68 HYPERLINK \l "_Toc256000050" 4.27 VAAR 852.236-84 SCHEDULE OF WORK PROGRESS (NOV 1984) PAGEREF _Toc256000050 \h 71 HYPERLINK \l "_Toc256000051" 4.28 VAAR 852.236-85 SUPPLEMENTARY LABOR STANDARDS PROVISIONS (APR 1984) PAGEREF _Toc256000051 \h 72 HYPERLINK \l "_Toc256000052" 4.29 VAAR 852.236-86 WORKER'S COMPENSATION (JAN 2008) PAGEREF _Toc256000052 \h 72 HYPERLINK \l "_Toc256000053" 4.30 VAAR 852.236-87 ACCIDENT PREVENTION (SEP 1993) PAGEREF _Toc256000053 \h 72 HYPERLINK \l "_Toc256000054" 4.31 VAAR 852.236-88 CONTRACT CHANGES--SUPPLEMENT (JUL 2002) PAGEREF _Toc256000054 \h 72 HYPERLINK \l "_Toc256000055" 4.32 VAAR 852.236-89 BUY AMERICAN ACT (JAN 2008) ALTERNATE I (JAN 2008) PAGEREF _Toc256000055 \h 74 HYPERLINK \l "_Toc256000056" 4.33 VAAR 852.236-91 SPECIAL NOTES (JUL 2002) PAGEREF _Toc256000056 \h 75 HYPERLINK \l "_Toc256000057" 4.34 VAAR 852.246-74 SPECIAL WARRANTIES (JAN 2008) PAGEREF _Toc256000057 \h 76 HYPERLINK \l "_Toc256000058" 4.35 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011) PAGEREF _Toc256000058 \h 76 HYPERLINK \l "_Toc256000059" 4.36 MANDATORY WRITTEN DISCLOSURES PAGEREF _Toc256000059 \h 76 HYPERLINK \l "_Toc256000060" 4.37 LIST OF ATTACHMENTS PAGEREF _Toc256000060 \h 77A.1 SCHEDULE OF OFFER ITEMSThis Schedule of Offer Items is for multiple Indefinite Delivery-Indefinite Quantity (IDIQ) contracts for non-recurring maintenance, repair and construction services, including new construction, for multiple locations within the South Central VA Health Care Network (VISN 16). The Government anticipates to award two or more contracts for each of the following four locations: LOCATION 1 - ALEXANDRIA VA HEALTH CARE SYSTEM, which includes:Alexandria VA Medical CenterFort Polk VA Community Based Clinic2495 Shreveport Hwy. 71 N3353 University ParkwayPineville, LA 71360Leesville, LA 71446Jennings Community Based Outpatient ClinicLafayette Community Based Outpatient Clinic1907 Johnson St.3149 Ambassador Caffery ParkwayJennings, LA 70546Lafayette, LA 70501Lake Charles Outpatient ClinicNatchitoches VA Clinic3601 Gerstner Memorial Drive, Hwy 14740 Keyser AvenueLake Charles, LA 70606Natchitoches, LA 71457LOCATION 2 - OVERTON BROOKS VA MEDICAL CENTER510 E. Stoner AvenueShreveport, LA 71101LOCATION 3 - SOUTHEAST LOUISIANA VETERANS HEALTH CARE SYSTEM, which includes:New Orleans VA Medical CenterHammond VA Outpatient Clinic2400 Canal Street1131 South Morrison AvenueNew Orleans, LA 70119Hammond, LA 70403St. John VA Outpatient Clinic247 Veterans Blvd.Reserve, LA 70084LOCATION 4 - VA GULF COAST VETERANS HEALTH CARE SYSTEM, which includes: Biloxi VA Medical CenterJoint Ambulatory Care Center (JACC)400 Veterans Avenue790 Veterans WayBiloxi, MS 39531Pensacola, FL 32507Eglin Outpatient ClinicPanama City Beach Outpatient Clinic100 Veterans Way2600 Veterans Way (Magnolia Beach Road)Eglin AFB, FL 32542Panama City Beach, FL 32408Contract periods will be for one five-year base period from date of award with no option periods. Task Orders shall be based on individual projects and may be issued at any time during the contract period. The R. S. Means Facilities Construction Costs Book current at time of contract award will be the unit price book (UPB) used for the entire period of the contract. Minimum Task Order Amount $2,000.00 Maximum Task Order Amount $500,000.00Contract Guaranteed Minimum $500.00Maximum Total Contract Dollar Amount $25,000,000.00LOCATION 1 – ALEXANDRIA VA HEALTH CARE SYSTEMBase Period:Five years from date of award.CLINDESCRIPTIONCOEFFICIENTSAlexandria Fort PolkJennings LafayetteLake Natchitoches VAMC CBOCCBOCCBOCCharles Clinic CBOC 0001Contract Coefficient for normal working hours, 8:00 A.M. through 4:30 P.M., Monday through Friday. (excludes Federal Holidays)0002Contract Coefficient for other than normal working hours when required by the Government. (includes Federal Holidays)0003Overhead and Profit Rate (Indirect Costs) for non-prepriced items.**The Overhead and Profit Rate shall be in the form of a decimal fraction less than one (1.00). It will constitute a composite rate, which includes the contractor's cost other than direct costs, and including all overhead and profit for non-prepriced items, which may be encountered during performance of this contract. This rate includes all items associated with performing the non-prepriced tasks other than direct costs. LOCATION 2 – OVERTON BROOKS VA MEDICAL CENTER (SHREVEPORT)Base Period:Five years from date of award.CLINDESCRIPTIONCOEFFICIENTS Overton Brooks VAMC 0004Contract Coefficient for normal working hours, 8:00 A.M. through 4:30 P.M., Monday through Friday. (excludes Federal Holidays)0005Contract Coefficient for other than normal working hours when required by the Government. (includes Federal Holidays)0006Overhead and Profit Rate (Indirect Costs) for non-prepriced items.**The Overhead and Profit Rate shall be in the form of a decimal fraction less than one (1.00). It will constitute a composite rate, which includes the contractor's cost other than direct costs, and including all overhead and profit for non-prepriced items, which may be encountered during performance of this contract. This rate includes all items associated with performing the non-prepriced tasks other than direct costs. LOCATION 3 – SOUTHEAST LOUISIANA VETERANS HEALTH CARE SYSTEM (NEW ORLEANS)Base Period:Five years from date of award.CLINDESCRIPTIONCOEFFICIENTS NewHammondSt. John Orleans CBOC CBOCVAMC(Reserve, LA)0007Contract Coefficient for normal working hours, 8:00 A.M. through 4:30 P.M., Monday through Friday. (excludes Federal Holidays)0008Contract Coefficient for other than normal working hours when required by the Government. (includes Federal Holidays)0009Overhead and Profit Rate (Indirect Costs) for non-prepriced items.**The Overhead and Profit Rate shall be in the form of a decimal fraction less than one (1.00). It will constitute a composite rate, which includes the contractor's cost other than direct costs, and including all overhead and profit for non-prepriced items, which may be encountered during performance of this contract. This rate includes all items associated with performing the non-prepriced tasks other than direct costs. LOCATION 4 – VA GULF COAST VETERANS HEALTH CARE SYSTEM (BILOXI)Base Period:Five years from date of award.CLINDESCRIPTIONCOEFFICIENTS BiloxiPensacola Eglin PC Beach VAMC (JACC)CBOC CBOC0010Contract Coefficient for normal working hours, 8:00 A.M. through 4:30 P.M., Monday through Friday. (excludes Federal Holidays)0011Contract Coefficient for other than normal working hours when required by the Government. (includes Federal Holidays)0012Overhead and Profit Rate (Indirect Costs) for non-prepriced items.**The Overhead and Profit Rate shall be in the form of a decimal fraction less than one (1.00). It will constitute a composite rate, which includes the contractor's cost other than direct costs, and including all overhead and profit for non-prepriced items, which may be encountered during performance of this contract. This rate includes all items associated with performing the non-prepriced tasks other than direct costs. A.2 STATEMENT OF WORKThis Statement of Work is for multiple Indefinite Delivery-Indefinite Quantity (IDIQ) type contracts for non-recurring maintenance, repair and construction services (including new construction) for multiple locations within the South Central VA Health Care Network (VISN 16). The Government anticipates to award two or more contracts for each of the following four locations: LOCATION 1-ALEXANDRIA VA HEALTH CARE SYSTEM, which includes:Alexandria VA Medical CenterFort Polk VA Community Based Clinic2495 Shreveport Hwy. 71 N3353 University ParkwayPineville, LA 71360Leesville, LA 71446Jennings Community Based Outpatient ClinicLafayette Community Based Outpatient Clinic1907 Johnson St.3149 Ambassador Caffery ParkwayJennings, LA 70546Lafayette, LA 70501Lake Charles Outpatient ClinicNatchitoches VA Clinic3601 Gerstner Memorial Drive, Hwy 14740 Keyser AvenueLake Charles, LA 70606Natchitoches, LA 71457LOCATION 2-OVERTON BROOKS VA MEDICAL CENTER510 E. Stoner AvenueShreveport, LA 71101LOCATION 3-SOUTHEAST LOUISIANA VETERANS HEALTH CARE SYSTEM, which includes:New Orleans VA Medical CenterHammond VA Outpatient Clinic2400 Canal Street1131 South Morrison AvenueNew Orleans, LA 70119Hammond, LA 70403St. John VA Outpatient Clinic247 Veterans Blvd.Reserve, LA 70084LOCATION 4-VA GULF COAST VETERANS HEALTH CARE SYSTEM, which includes: Biloxi VA Medical CenterJoint Ambulatory Care Center (JACC)400 Veterans Avenue790 Veterans WayBiloxi, MS 39531Pensacola, FL 32507Eglin Outpatient ClinicPanama City Beach Outpatient Clinic100 Veterans Way2600 Veterans Way (Magnolia Beach Road)Eglin AFB, FL 32542Panama City Beach, FL 324081. GENERAL TERMS:1.1. The Department of Veterans Affairs has a requirement for general contractors to perform non-recurring maintenance, repair and construction services (including new construction) at the above four locations in VISN 16. The Government anticipates that the acquisition will result in the award of two or more Firm-Fixed-Price (FFP) Indefinite Delivery/Indefinite Quantity (IDIQ) construction contracts at each of the above four locations which will include a five-year base period and no option periods. The guaranteed minimum for each contract awarded is $500.00 for the total five-year contract period. Contract maximum will be $25,000,000.00 per contract over the life of each contract. The contract maximum is not a guaranteed amount. Minimum task order amount will be $2,000.00 (excluding the Minimum Order Guarantee of $500.00) and maximum task order amount will be $500,000.00. At time of award of the base contracts, a task order for $500.00 will be issued to each awardee and paid upon contractor’s submission of approved Master Quality, Safety and Infection Control Plans to the Contracting Officer. This is not a solicitation for a requirements contract. Task Orders shall be based on individual projects and may be issued at any time during the contract period. The R. S. Means Facilities Construction Costs Book current at time of contract award will be the unit price book (UPB) used for the entire term of the contract.1.2. The contractor shall furnish all materials, equipment and personnel necessary to accomplish each Task Order (TO). TO’s will vary in size and dollar amounts. TO work is to be performed in general construction categories including; but not limited to: New construction, maintenance, repair, alteration, demolition, abatement, asbestos, alarms, communication, fencing, mechanical, electrical, painting, paving and earthwork, carpentry, concrete, roofing, security, site work, excavation, interior renovation, carpeting, window and door installation, electrical, steam fitting, plumbing, exterior and interior painting, plaster/stucco, exterior foam insulating systems (EFIS), masonry or metal stud and sheetrock work, installation of acoustical ceilings and light fixtures, HVAC installation and flooring installation. Projects may involve some or all of the above elements of work. The primary NAICS code for this procurement will be 236220 but work is not limited to this NAICS code. This contract shall not include medical facilities engineering support services such as utility plant operation, custodial, grounds maintenance, and similar work. No task order will include Architect/Engineering services; however, shop drawings and as-built drawings shall be provided by the contractor in AutoCad and Revit formats. The Government reserves the right to withdraw a proposed task order at any time prior to award of the task order at no cost to the Government.1.3. The contractor work shall conform to the requirements of the Joint Commission of Accreditation of Health Care Organizations (JCAHO) Environmental Care Standards and all VA Regulations and Standards as reference/noted in the Contract.1.4 In accordance with VA policy, contractors’ storage, generation, transmission or exchanging of VA sensitive information requires appropriate security controls to be in place. The VA Information Security Program Policy – VA Directive and Handbook 6500 and additional 6500 series directives and handbooks – provide the framework for security within the VA. The Security Requirements (e.g. background checks), including whether appropriate language from VA Handbook 6500.6, Appendix C, will be reviewed for each project specific task order.2. UNIT PRICE BOOK (UPB)/SOFTWARE:2.1. The RS Means Facilities Construction Costs Book/Software contains pricing information for the work to be accomplished and for the units of measure specified. The Unit Price Book/Software that is applicable to this contract shall be the following publication:RS Means Facilities Construction Costs BookSubscriptions are available from:Romans63 Smiths LanePO Box 800Kingston, MA 02364-9988Tel.: 1-800-334-3409Fax: 1-800-632-6732Internet: HYPERLINK "" 2.2. The RS Means Facilities Construction Costs Book in effect at time of contract award will be the unit price book (UPB) used for the entire 5-year period of this contract. In addition, it is the responsibility of the contractor to obtain the computer hardware to support the RS Means Software program for the contract period. 2.3. The contractor shall furnish pricing (proposals) for each individual task order on a LINE ITEM BASIS (per RS Means Facilities Construction Costs Book Estimating System line items). Each line item price, as derived from the software, shall consist of BARE COSTS only, and shall NOT include INDIRECT costs such as overhead (OH), general and administrative (G&A) cost, and profit. The contractor’s OH, G&A and profit shall be included in the coefficient factors.3. CONTRACTOR KEY PERSONNEL AND STAFF: 3.1. Contact Information. Prior to the issuance of the first task order, the contractor shall provide the Contracting Officer with a Primary and Alternate contact telephone number at which the contractor or his representative may be contacted at any time during the regular working hours and an emergency number at which the contractor may be contacted in situations requiring immediate attention. The above-mentioned representative must have full power and authority to act on behalf of the contractor and must be located so as to be able to provide a maximum one-hour response time (time to arrive on-site) for emergency situations.3.2. Supervision. The Government will not exercise any supervision or control over the contractor's employees performing services under this contract. Such employees shall be accountable not to the Government, but solely to the contractor, who, in turn, is responsible to the Government. At all times during the performance of each task order under this contract, and until the work under that task order is completed and accepted, the contractor shall directly oversee the work under each task order, or assign, and have on the work site, a competent representative who is satisfactory to the Contracting Officer and has authority to act for the contractor. This may include a working supervisor.3.3. Conduct/Behavior. The contractor's employees are obligated to adhere to the rules and regulations of the Medical Center applicable to employees' conduct/behavior. The Contracting Officer may require, in writing, the contractor to remove from the job site any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable.3.4. Project Manager. The contractor shall be required to maintain a project manager and have the capability of providing a staff to respond to the requirements set forth in this contract. The individual designated as the project manager shall have full authority to act for the contractor. Key personnel including, but not limited to, the Project Manager, Project Superintendent and Quality Control personnel shall meet or exceed the qualifications of the personnel submitted in the contractor’s proposal. The Government reserves the right to disapprove personnel based on the qualifications of the personnel stated in the proposal. The contractor shall be able to provide experienced and knowledgeable personnel in civil, structural, architectural, mechanical, and electrical disciplines.3.5. Contractor Personnel. The contractor shall be responsible for selecting personnel who are well qualified to perform the required work, for supervising techniques used in their work, and for keeping them informed of all improvements, changes, and methods of operation. 3.5.1. The contractor shall take appropriate personnel action, as required, in the event employee(s) become involved with law enforcement authorities as a result of misconduct. The Government will not exercise any supervision or control over contractor employees performing work under the contract. Such employees shall be accountable solely to the contractor, not the Government. The contractor in turn, shall be accountable to the Government for contractor employees. 3.5.2. In accordance with FAR Clause 52.222-54, Employment Eligibility Verification, it shall be the responsibility of the contractor to ensure all contractor and subcontractor employees have been E-Verified prior to submitting the employees for an identification badge.4. CONFORMANCE TO CODES AND REGULATIONS:National and International codes and regulations for building construction and safety will be used where applicable. Current construction practices shall be incorporated in the project to obtain quality and to provide a functional, complete, and usable facility. The applicable list of National Codes and Regulations (Latest Edition) includes; but is not limited to, the following:BOCA CodeInternational Building CodeNational Electric CodeNational Fire Protection CodeNational Safety CodeOSHA RegulationsASHRA-E Codes, StandardsInternational Plumbing Code5. CONTRACT ADMINISTRATION:5.1. The office having administrative jurisdiction over the contract and subsequently issued task orders shall be Network Contracting Office (NCO) 16.5.2. The Contracting Officer (CO) has the overall responsibility for the administration of the contract. Only a warranted NCO 16 CO acting within their delegated limits has the authority to issue task orders and modifications or otherwise change the terms and conditions of the contract and subsequently issued task orders. However, the CO may delegate certain other responsibilities to the Contracting Officer’s Representative (COR). 5.3. A COR will be appointed in writing for all task orders. All duties delegated by the CO to the COR will be specified in the COR delegation. A copy of the COR delegation will be furnished to the contractor for each task order. The contractor shall acknowledge receipt of the COR delegation and the duties delegated to the COR by signing and returning a copy of the COR delegation to the CO. 5.4. The contract will be assigned an individual contract number. Enumeration of task orders (TO) will consist of a sequential numbering system comprised of the contract number and the corresponding task order number. 5.5. Each task order shall be individually funded.6. WORK HOURS:6.1. Normal Working Hours – 8:00 AM through 4:30 PM local time Monday through Friday with all Federal Holidays recognized as non-working days. However, the nature of the work for some projects will require some construction tasks to take place evenings, nights, weekends and/or holidays. Contractors shall coordinate work outside of normal working hours with the VA CO/COR. Contractor requests for work outside of normal working hours are to be submitted to the CO/COR a minimum of three (3) work days in advance.6.2 Holidays: The following federal holidays are observed:New Year's DayMartin Luther King Jr.’s BirthdayWashington’s Birthday (President's Day)Memorial DayIndependence DayLabor DayColumbus DayVeterans DayThanksgiving DayChristmas DayAny other holiday proclaimed by the President of the United States as a Federal Holiday.When a holiday falls on a Sunday, the following Monday will be observed as a legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed by U.S. Government agencies.7. TASK ORDER (TO) PROCEDURES: The following provision defines the process by which fair opportunity for task order award will be afforded, how the TO will be processed and priced, and how the TO will be awarded. 7.1. FAIR OPPORTUNITY FOR CONSIDERATION – In accordance with FAR 16.505(b), each awardee will be given a "fair opportunity" to be considered for each task order in excess of $2,000 unless one of the following conditions from FAR 16.505(b)(2) applies: The agency need for the services is so urgent that providing a fair opportunity would result in unacceptable delays; Only one awardee is capable of providing the services required at the level of quality required because the services ordered are unique or highly specialized; The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all multi-awardees were given a fair opportunity to be considered for the original order; orIt is necessary to place an order to satisfy a minimum guarantee.7.2. TASK ORDER SOLICITATION:7.2.1. Contractors shall receive from the CO a Request for Proposal (RFP) for each individual task order. The RFP shall include a Statement of Work, drawings (if any) and all applicable specifications. Only the sections of the VA Master Construction Specifications that are provided to the contractor with an individual task order shall apply to that task order. An organized site visit will be scheduled by the VA for all contract holders. After completion of the site visit, contractors shall submit task order proposals by the date and time determined by the contracting officer. Price will be the only evaluation factor used for task orders under this contract.7.2.2. Contractors shall submit a complete proposal to include a construction schedule within the time specified for each task order. The time specified will be dependent on project magnitude and complexity but will generally be within +/- 10 working days. These time frames start after the site visit is accomplished and the Contractor has received all information required to complete the proposal. 7.2.3. The Contracting Officer reserves the right to request that the Contractor provide a quicker response time for projects that are of an unusual and compelling urgency, on a case-by-case basis, or to extend response time for unusual circumstances requiring extensive engineering or materials search support.7.2.4. The Department of Veterans Affairs shall have the unilateral right to terminate, at any time, negotiations on a proposed task order. Circumstances that may prohibit the Government from issuing an individual task order include, but are not limited to, a lack of funding or changes in program requirements. The Government has the right to unilaterally withdraw a proposed Task Order at any time prior to award of the task order at no cost to the Government.7.3. TASK ORDER PRICING The prices of individual task orders will be determined as follows:7.3.1. The unit prices for Material are added, resulting in a total unit price for Material. The unit prices for Labor are added, resulting in a total price for Labor. The unit prices for Equipment are added, resulting in a total price for Equipment.NOTE: In most items, equipment costs are included in the labor costs.7.3.2. The unit price totals for each category involved in the task order are then totaled and multiplied by the coefficient to determine the task order price. 7.3.3. The task order pricing is to be submitted in the format and using the form (if any) specified by the CO.7.3.4. Demolition: Selective removal type demolitions are listed in the UPB for all tasks that can be demolished, and do not include hauling costs. Site demolitions are assembly type of removals, and are to be used when appropriate. Line item demolition includes all attached appurtenances, for example, demolishing a door includes the hardware, and removing pipe includes all in-line fittings and valves. Unless explicitly required in the scope of work for the task order requirement, demolition includes handling. Handling line items in the UPB are for the handling of debris that is present prior to the task order. Handling is also allowed when use of a chute or elevator is required. Line item demolition prices include disposal costs, whether salvageable or non-salvageable material.7.3.5. The offeror’s coefficient shall contain all costs other than pre-priced unit prices and shall include; but is not limited to:-Proposal preparation;-Projected increase (cost risk) in construction costs over the contract period;-All wastes and excess material;-Infection control;-Green Environmental Management Systems (GEMS);-Mobilization and close out for total contract and each task order;-Final clean up (day-to-day clean up included in material costs);-Compliance with safety laws/regulations (i.e., safety rails, face and clothing protection, etc.);-Compliance with environmental laws/regulations; -Traffic and work site signs and barriers;-Compliance with tax laws;-Project management and supervision;-Protection of Government property;-Quality control;-Office management and equipment;-Depreciation of mobile office(s);-Overhead;-Profit;-Labor burden;-Contingencies;-Material taxes; -Insurance;-Performance and payment bonds;-Subcontractor profit and overhead;-As built drawings, submittals, permits, licenses; and-Any other risks of doing business.All components of price shall be included in the offeror’s coefficient, and shall be fully supported, as no allowance for an omitted cost will be made later. 7.4. TASK ORDER AWARD:7.4.1. Task Order requirements will be evaluated on the basis set forth in each individual requirement. Task Orders will be issued on Standard Form (SF) 1442 or other VA specified form. Orders will be placed primarily via electronic means. The appropriate issuing, administration, and payment offices will be cited on each Task Order.7.4.2. Plans and Specifications. The Contractor will be provided an electronic copy of the Statement of Work, specifications and drawings. All further reproduction shall be at the Contractor's expense.7.4.3. In accordance with FAR 52.228-15, Performance and Payment Bonds-Construction, the contractor shall furnish performance and payment bonds with a penal sum of 100% of the task order amount for all task orders with an award amount exceeding $150,000.00. For task orders with an award amount between $35,000.00 and $150,000.00, the contractor shall furnish a payment bond with a penal sum of 100% of the task order amount in accordance with FAR 52.228-13, Alternative Payment Protections. No performance or payment bonds will be required for task orders with an award amount under $35,000.00. If FAR 52.228-13 and/or FAR 52.228-15 are updated to revise the dollar amounts shown above, the revised amounts shall be used in determining the appropriate bond(s) to be submitted.7.4.4. Notice to Proceed (NTP) will be issued for each task order after receipt of acceptable performance and payment bonds where required. Contractor shall begin performance within 10 calendar days after receiving the NTP and complete all work within the time specified in the task order. All punch list items must be completed during the established period of performance.7.4.5. The Contractor shall promptly notify the CO using Standard Form (SF) 1413 upon entering into any subcontract arrangement. Subcontracting a task order shall not relieve the Prime Contractor of any responsibility under the award. The Government may unilaterally reject the use of certain subcontractors if they have been debarred from Federal procurements or if their past performance is not satisfactory.7.4.6. SUBMITTALS: In accordance with individual Task Order specifications.8. NON-PREPRICED ITEMS:Items of work not covered by the UPB, but within the scope of this contract, may be negotiated by the Contracting Officer, or his/her designated representative, and added at any time during the contract. Added items of work shall be incorporated into and made a part of the task order, and shall be performed at the negotiated unit price. Non-pre-priced work shall be supported with verifiable documentation such as competitive quotes (minimum of two), catalogue prices, etc. Non-pre-priced items shall be proposed in Direct costs only (material, equipment, and labor) multiplied by the quantity. Overhead and profit will be added by use of the coefficient. If the dollar value of the non-prepriced items exceeds 10 percent of the dollar value of the task order, the Chief, Engineering Service, must prepare a justification to explain why the project should be done under the IDIQ. The Head of the Contracting Activity must approve the justification. If the dollar value of the non-prepriced items exceeds 25 percent of the dollar value of the task order, then the task order is outside the scope of the contract and is not appropriate for an IDIQ. 9. LIQUIDATED DAMAGES: Per FAR 36.206, an evaluation of the need for liquidated damages in a construction contract must be made. This contract will be non-recurring maintenance, repair, and construction services (including new construction) for the Alexandria VA Health Care System, Gulf Coast Veterans Health Care System, Shreveport VA Medical Center, and the Southeast Louisiana Health Care System. The Construction IDIQ contract is not affected with the applicability of the Liquidated Damages clause; however, liquidated damages may affect the task orders written. The Liquidated Damages clauses will be incorporated into the Construction IDIQ contract and the applicability and inclusion of liquidated damages will be determined for each task order requirement.10. SCHEDULING OF WORK:10.1. Before commencement of work under an individual task order, the contractor shall confer with the COR, as well as the building occupant, and agree on a sequence of procedures; means of access to premises and building, space for storage of materials and equipment, delivery of materials and use of approaches, use of corridors, stairways, elevators, and similar means of communications, location of partitions, eating spaces, and restrooms for contractor employees, and the like.10.2. The work shall, so far as practicable, be done in definite sections or divisions, and confined to limited areas which shall be completed before work in other sections or divisions is begun. Most work will be performed in occupied areas.10.3. At the beginning of each working day, the contractor shall notify the COR of the location(s) of work to be accomplished that day.10.4. All temporary outages of any utility services required for the performance of work shall be scheduled with the COR no less than ten (10) work days in advance of such outages.11. JOB SITE:11.1. This work is being performed in a hospital environment; therefore, the Contractor's performance of this contract shall not interfere with Patient Care or Hospital Operation. If necessary for reasons of patient care/hospital operation, the VA (COR) may direct the Contractor to stop work or limit the types of work that can be performed. This may occur with little or no advance notice. 11.2. The contractor shall have access to that portion of the area within which work is to be performed. The movement of contractor personnel, equipment, materials, and tools shall be confined to this area so as not to interfere with ongoing hospital operations.11.3. Parking at all locations is limited and priority is given to VA patients, visitors and staff. If available, a laydown area on station will be provided to the general contractor. These spaces may or may not accommodate all of the prime and sub-contractors parking needs for the task order. At times the contractor may need to make off-site arrangements for construction employee parking or arrange alternative worker transportation. 11.4. There is very limited space for staging and storage of construction materials. The VA will make every effort to find and assign some form of laydown area on station for the contractor. If no suitable space is available to meet the needs of the task order, at times the contractor may need to make off-site arrangements for storage of construction materials. NOTE: Available storage space may not be available in close proximity to each project site.11.5. Delivery of materials and equipment shall be made with a minimum of interference to Government operations and personnel. All deliveries shall be coordinated with the COR. The COR will determine appropriate time of delivery having minimum interference to Government operations and personnel. VA personnel shall not assist with shipments or deliveries that are made to the job site. Acceptance by the Government of delivered materials shall be based on installation and inspection by Government personnel.11.6. The contractor shall be responsible for providing all work site protective barriers and site control devices. This includes; but is not limited to: Protective fences, protective tapes and protective signage. The contractor shall be responsible for providing all necessary traffic control (i.e., street blockages, traffic cones, and flagman) at no additional cost to the Government. Proposed traffic control methods shall be submitted to the COR for final approval. No street or access way shall be completely closed to traffic without prior approval from the COR.11.7. The contractor shall take all precautions to ensure that no damage to private or public property will result from their operations. If such damages occur, the contractor shall make all necessary repairs and/or replacements at no cost to the Government.12. PROGRESS MEETINGS:12.1. A weekly meeting (or more frequent if necessary) may be held between the contractor, the COR and/or CO to discuss work progress, problems and potential modifications. The CO shall be notified in advance of each meeting, and provided a progress report. The Contractor shall be responsible for taking notes and publishing the meeting minutes for each progress meeting.12.2. Initial conference. Before issuance of the first task order under the contract, a pre-construction conference may be conducted to acquaint the contractor with Government policies and procedures that are to be observed during the prosecution of the work. It is strongly suggested that the contractor's Project Manager, Quality Control Manager, Superintendent, and other appropriate employees attend this meeting.12.3. Individual task order conference. At the discretion of the CO/COR, a pre-construction conference may be conducted prior to the commencement of work on individual task orders.13. TASK ORDER STATUS REPORTS:The contractor shall prepare and furnish a monthly progress report on all open task orders. Information contained in the status report shall identify the contract number, task order number, task order description, task order award date, start date, dollar amount, required completion date, actual completion date (if completed), actual percent of work completed versus percent that was scheduled to be completed at that time.14. TASK ORDER MODIFICATIONS:Task order modifications shall be processed in accordance with the following: Upon written request, the Contractor shall submit a proposal for review by the Government. The proposal shall be submitted to the Contracting Officer within the time limit indicated in the request or any extension thereto subsequently granted. Proposal shall be submitted in sufficient detail to allow the Government to determine price reasonableness.15. CONTRACTOR QUALITY CONTROL PLAN:15.1. The Contractor shall submit a master Quality Control (QC) Plan to be applicable to all individual task orders to the Contracting Officer no later than the closing date/time for receipt of proposals shown on the SF1442 for the guaranteed minimum. The Government reserves the right to require the Contractor to make changes in the plan and operations, including removal of personnel as necessary, to obtain the quality specified. After acceptance of the QC Plan, the Contractor shall notify the Contracting Officer in writing of any proposed change. Proposed changes are subject to review and acceptance by the Contracting Officer/COR. Failure to implement or maintain an adequate QC Plan shall be cause for a default termination of the contract. 15.2. Control: Contractor quality control is the means by which the contractor assures himself that his construction complies with the requirements of the contract plans and specifications. The controls shall be adequate to cover all construction operations, including both on-site and off-site fabrication, and will be keyed to the proposed construction sequence. Quality control includes, as a minimum, the following functions: a.All submittals are submitted in a timely fashion.b.The submittals are approved.c.The supplies that are delivered are the same as shown on the submittal.d.The supplies are in the proper condition when delivered.e.The supplies are stored properly.f.The construction equipment is correct and meets contract requirements.Testing provisions are reviewed and testing equipment and personnel are available and correct.All tests are performed at the proper times and in the proper places.All test reports meet contract requirements.The workers are cognizant of the required level of workmanship.Inspect each area of work to ensure the preparation for the work is correct.Inspect each feature of the work to ascertain that no deficient work is covered up by succeeding work.Inspections shall continue throughout the contract.Document all inspections.The documentation covers both conforming and defective work.All deficiencies are corrected.Develop procedures to ensure that deficiencies do not recur.Develop a “punch list” for the completion ernment officials are notified at the proper times of inspections and/ or tests that are required.15.3 The Contractor Quality Control (CQC) Plan for each task order shall be made available to the CO upon request and shall include, as a minimum, the following:15.3.1. A description of the quality control organization, including an organization chart showing lines of authority and acknowledgement that the QC staff shall report to the project manager or someone higher in the Contractor's organization; 15.3.2. The name, qualifications, duties, responsibilities, and authorities of each person assigned a QC function; 15.3.3. A copy of the letter to the Quality Control Manager, signed by an authorized official of the firm, which describes the responsibilities and delegates the authorities of the Quality Control Manager, shall be furnished; 15.3.4. Procedures for scheduling, reviewing, certifying, and managing submittals, including those of subcontractors, off site fabricators, suppliers, and purchasing agents. These procedures shall be in support of other directed submittal procedures.15.3.5. Procedures for tracking preparatory, initial, and follow-up control phases and control, verification, and acceptance tests including documentation. These include daily logs monitoring construction progress and explaining delay, deficiencies, and actions taken to correct these.15.3.6. Procedures for tracking construction deficiencies from identification through acceptable corrective action. These procedures shall establish verification that identified deficiencies have been corrected15.3.7. Methods used to ensure that all applicable OSHA regulations are adhered to.15.4.Submission and acceptance of contractor’s master quality control plan for the multiple year, multiple awards Construction IDIQ does not preclude the potential requirement for project specific plans on individually issued Task Orders.15.5. The Government reserves the right, upon award of this contract and each task order, to disseminate within the Government, for official use, without prior approval of the contractor, the CQC Plan and other plans and documents identified and submitted by the contractor for the intended use of inspection, surveillance, or for any administrative or contractual function under this contract.16. CONTRACTOR SAFETY PLAN:16.1. The Contractor shall submit a master Safety Plan to be applicable to all individual task orders to the Contracting Officer no later than the closing date/time for receipt of proposals shown on the SF1442 for the guaranteed minimum. The Government reserves the right to require the Contractor to make changes in the plan and operations, including removal of personnel as necessary, to obtain the quality specified. After acceptance of the Safety Plan, the Contractor shall notify the Contracting Officer in writing of any proposed change. Proposed changes are subject to review and acceptance by the Contracting Officer/COR. Failure to implement or maintain an adequate Safety Plan shall be cause for a default termination of the contract.16.2.Factors to be used by the Government to evaluate the contractor’s proposed safety plan include but are not limited to:Training and documentation; andMethods used to monitor and enforce the safety plan under any task order awarded. 16.3. The Contractor shall assume full responsibility and liability for compliance with all applicable OSHA regulations pertaining to the health and safety of personnel during the execution of work, and shall hold the Government harmless for any action on his part or that of his employees or subcontractors, which results in illness, injury, or death. Contractors are required to report any accidents or injuries that occur on the job. The contractor’s proposed safety plan must address the following in detail:Work activity safety measures;Emergency response measures; andSafety reporting plan.16.4.The contractor’s proposed safety plan shall be written in such a manner that any employee who has to react to an emergency, or report an unsafe condition, can use the plan to determine the appropriate action required.16.5.Submission and acceptance of contractor’s master safety plan for the multiple year, multiple awards Construction IDIQ does not preclude the potential requirement for project specific plans on individually issued Task Orders.17. CONTRACTOR INFECTION CONTROL PLAN/INFECTION PREVENTION MEASURES:17.1. The Contractor shall submit a master Infection Control Plan to be applicable to all individual task orders to the Contracting Officer no later than the closing date/time for receipt of proposals shown on the SF1442 for the guaranteed minimum. The Government reserves the right to require the Contractor to make changes in the plan and operations, including removal of personnel as necessary, to obtain the quality specified. After acceptance of the plan, the Contractor shall notify the Contracting Officer in writing of any proposed change. Proposed changes are subject to review and acceptance by the Contracting Officer/COR. Failure to implement or maintain an adequate Infection Control Plan shall be cause for a default termination of the contract.17.2.Submission and acceptance of contractor’s master infection control plan for the multiple year, multiple awards Construction IDIQ does not preclude the potential requirement for project specific plans on individually issued Task Orders.17.3. The Contractor shall implement the requirements of VA’s Infection Control Risk Assessment (ICRA) team. The ICRA Team may monitor dust in the vicinity of the construction work and require the Contractor to take corrective action immediately if the safe levels are exceeded. Provisions of the ICRA plan will be provided during the preconstruction meeting upon task order award.17.4. The Contractor shall establish and maintain a dust control program as part of the contractor’s infection preventive measures in accordance with the guidelines provided by ICRA Group. Prior to start of work under each task order, prepare a plan detailing project-specific dust protection measures, including periodic status reports, and submit to COR for review and approval. 17.5. The Contractor shall ensure that all personnel involved in the construction or renovation activity be educated and trained in infection prevention measures established by the medical center.17.6. Medical Center Infection Control personnel shall monitor for airborne disease (e.g. aspergillosis) as appropriate during construction. A baseline of conditions may be established by the medical center prior to the start of work under each task order and periodically during the construction stage to determine impact of construction activities on indoor air quality.17.7. The Contractor shall adopt preventive measures during all construction projects to keep down dust and prevent mold. 18. CONTRACTOR RESPONSIBILITY: Contractor shall be required to complete all task order work and schedule a final inspection within the specified task order performance periods. Should the Contractor fail to complete the task order work (including scheduling of the final inspection), and it is determined by the Government to be a Contractor-caused delay, the Contractor shall be in default status. If the Government determines it to be in the best interest of the Government to allow the Contractor to continue to perform task order work, the Contractor shall provide equitable consideration to the Government for additional time granted for completion of task order work. Such agreement shall not be deemed a waiver of the Government’s right to terminate this contract in the event the Contractor fails to complete the task order work (including scheduling of the final inspection) on or before the completion date.19. TRAINING:19.1. The Department of Veterans Affairs (VA) requires strict adherence to the Code of Federal Regulations 29, Part 1926, along with Infection Control Procedures and Interim Life Safety Measures that are contained in the contract drawings, Scope of Work and specifications. This includes the requirement that the contractor have a “Competent Person” on the job for each definable feature of work being performed. 19.2. All employees of the general contractor and subcontractors shall have the 10-hour OSHA certified construction safety course and/or other relevant competency training, as determined by the COR with input from the ICRA (Infection Control Risk Assessment) team. The General Contractor’s competent person shall have completed the 30-hour OSHA certified construction safety course. Documentation of the competent person’s 30-hour training shall be submitted to the CO for review and approval prior to any work being performed. There shall be no exceptions to this requirement.20. TB TESTING (When Required): When work is required near TB patients, it is the responsibility of the contractor to provide TB training annually and a PPD test for any employee(s) providing services at VA. These test results must be made available to the CO and COR and are a requirement for obtaining a Contractor Work Badge. 21. WORK BY THE GOVERNMENT: The Government reserves the right to undertake performance, by Government forces or other contractors, for the same type or similar work as contracted for herein, as the Government deems necessary or desirable, and to do so will not breach or otherwise violate this contract.22. WORK BY OTHER CONTRACTORS: There are multiple contractors working within the VA facilities; coordination of contracts and contractors overall work and work areas are the responsibility of the CO and COR. There are also many other contracts in effect within the VA facilities. The issuing (or non-issuing) of task orders within the various multiple year, multiple awards Construction IDIQ contracts is solely at the discretion of the CO. Having an awarded multiple year, multiple awards Construction IDIQ contract does not guarantee the contractor issuance of any task order.23. DAVIS-BACON WAGE DETERMINATIONS: The contractor shall pay wages in accordance with the Davis-Bacon wage determinations incorporated in the multiple year, multiple awards Construction IDIQ contract. Wage determinations for all types of work in all covered locations will be incorporated into the base contract and will be used for the entire 5-year period of the contract. The current wage determinations are included as attachments. 24. GOVERNMENT FURNISHED PROPERTY: Government property to be used for any given project shall be addressed in task order request for proposal.25. PRIVACY AND CONFIDENTIALITY: Contractors to the Department of Veteran Affairs may be unintentionally exposed to sensitive information.? Information may be overheard, seen on documents or electronic devices, or observed that could potentially violate the privacy and confidentiality of our veterans, employees, volunteers, and their families.? Regulations such as, but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Freedom of Information Act (FOIA) and Privacy Act of 1974 have been enacted to protect sensitive information from being improperly disclosed.? Information should not be divulged or released to anyone unless specifically authorized by this contract or its attached documents in accordance with the contracted services. Failure to comply with applicable statutes and regulation can result in the termination of this contract and civil and criminal penalties, including fines and imprisonment. All suspected or actual breeches of privacy and confidentiality should be reported immediately to the Contracting Officer, Contracting Officer’s Representative (COR) or the Facility Privacy Officer. 26. construction security requirements:26.1. Security Plan: The General Contractor is responsible for assuring that all their employees and sub-contractors comply with all VA security plans.26.2. Security Plan Procedures include, but are not limited to:26.2.1. General Contractor’s employees shall not enter the project site without appropriate badge. They may also be subject to inspection of their personal effects when entering or leaving the project site. Badge information will be provided during the preconstruction meeting upon award.26.2.2. For work outside the “regular hours” as defined in the contract, contractor requests for work outside standard hours are to be submitted to the CO/COR a minimum of three (3) working days in advance. This notice is separate from any notices required for utility shutdown described elsewhere in this section. “Regular Work Hours” as it relates to this contract is anytime Monday through Friday between 7:00am – 4:30 pm. 26.2.3. No photography of VA premises is allowed without permission of the CO/COR.26.2.4. The VA reserves the right to close down or shut down any project site and order General Contractor’s employees off the premises in the event of a national emergency. The General Contractor may return to the site only with the written approval of the CO.26.3. Key Control26.3.1. The General Contractor shall provide duplicate keys and lock combinations to the COR for the purpose of security inspections for every area of the project including tool boxes and parked machines/vehicles stored on the premises in approved storage/parking areas. Storage and parking areas will be assigned during the preconstruction meeting after award.26.3.2. The General Contractor shall turn over all permanent lock cylinders to the VA locksmith for permanent installation. 27. NOTICE OF COMPLETION OF TASK ORDER/FINAL INSPECTION:27.1. When the Contractor is ready for final inspection, he/she shall request a final inspection in writing to the CO, unless prior verbal arrangements are made. These will be approved on a case by case basis. The final inspection will normally be requested 15 calendar days prior to the desired date or as otherwise negotiated with the Contracting Officer. 27.2. Once the Contractor has requested a final inspection, the COR may then conduct a pre-final inspection. Any discrepancies noted shall be corrected by the Contractor prior to any final inspection.27.3 Attendance at the final inspection at a minimum will include the Contractor and COR. The COR with the CO may, at his/her discretion, include technical representatives from other areas of expertise such as Fire Protection, Safety, Bio-Environmental, or any other Engineering Services shop. Any discrepancies noted will be corrected by the Contractor within ten (10) calendar days or as specified by the Contracting Officer, prior to final payment. The Contracting Officer reserves the right to either decline the Contractor request for a final inspection or suspend a final inspection, when it is evident that the Contractor is not ready for a final inspection. Five (5) percent of the total value of the project task order shall be retained until all discrepancies are corrected.28. CLEAN-UP OF CONSTRUCTION AREA: 30.1. The task order price includes the cost of final cleanup on each individual task order. 30.2. Upon completion of project, or as work progresses, remove all construction debris from above ceiling, vertical shafts and utility chases that have been part of the construction.30.3. Perform HEPA vacuum cleaning of all surfaces in the construction area. This includes walls, ceilings, cabinets, furniture (built-in or free standing), partitions, flooring, etc.30.4. All new air ducts shall be cleaned prior to final inspection.30.5. Construction areas are to be cleaned throughout the construction process and not only at the end of the project.29. DELIVERABLES: Written deliverables and copies of all correspondence requiring a signature shall be sent to the CO/COR. Additional reporting requirements may be found in the task order specifications.30. TOILET FACILITIES: The contractor’s personnel will be permitted to use toilet facilities on the premises subject to regulation and control of the COR. In the event none are available, the contractor shall, at his own expense, provide portable facilities as required. Availability of toilet facilities shall be determined for each Task Order.31. EQUIPMENT DATA (For Warranty/Guarantee Items):31.1. Major Equipment: The Contractor shall provide a list of all major equipment furnished and installed under each task order.? This list shall include but is not limited to each piece of equipment that has a serial number.? Each listing shall positively identify the piece of equipment by including all the following information: date installed/replaced, warranty/guarantee expiration date, item installed, type, model, serial number, style, voltage, cycles, horsepower, size, quantity, frame, item cost, item replacement cost, and location of item/equipment.? The list shall be furnished to the COR.31.2. Major equipment includes; but is not limited to: Air conditioners, air handlers, transformers, electric motors, compressors, condensing units, chillers, exhaust fans, generators and transfer switches.? These pieces of equipment shall have their operation and maintenance manuals (1 original and 3 copies) given to the COR.31.3. This is not meant to include light switches, fixtures, relays, contactors, valves, and such material items as piping, insulation, and minor component parts of larger assemblies.PERIOD OF PERFORMANCE: Contractors shall begin performance within 10 calendar days after receiving the notice to proceed on each task order and complete all work within the time specified in the task order. All punch list items must be completed during the established period of performance. SUPERINTENDENCE: The successful offeror shall provide, from his own staff, a competent30-hour OSHA certified superintendent. This individual shall be 100% full time dedicated and assigned to this contract while work is being performed on site. Superintendent my supervise multiple projects at the same location provided there is no degradation of duties with the multiple projects.34. VETS 4212: Title 38, USC Section 4212(d) and Public Law 105-339, requires that federal contractors report, at least annually, the number and category of veterans who are within their workforce. Submission of the VETS 4212 reporting information can be done electronically at: HYPERLINK "" . Therefore, all offerors are encouraged to file every year.35. SYSTEM FOR AWARD MANAGEMENT (SAM): Federal Acquisition Regulations require that federal contractors register in the 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 in SAM prior to submitting their offer.36. INVOICES, INVOICING AND PAYMENT:36.1. Invoices shall be submitted in electronic form in accordance with VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012).36.2. In accordance with paragraph (d) of VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012), invoices shall comply with FAR 32.905.36.3. Payment will be made by the paying office specified in the task order in accordance with the clauses FAR 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (SEPT 2002) and FAR 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JUL 2013).36.4. All payments shall be made by electronic funds transfer (EFT). 36.5. The Government will make payment upon satisfactory completion of work AND receipt of a proper payment request.36.6. Payment may be withheld unless all contractual requirements including; but not limited to: Receipt of proper weekly payrolls IAW Davis-Bacon Requirements have been timely received. 37. INVOICES/PAYROLLS: In accordance with the Prompt Payment Act, the VAFSC requires the following information for the invoice to be considered valid for payment. Invoices without the required information will be returned.Vendor name, invoice number, and dateRemittance address (address where the payment is to be issued)Station Number, Purchase Order Number (PO#)Project Number (if available)Contract numberItemized description of goods or services, quantity, and unit priceTotal dollar amount of invoiceDiscount or net termsCONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS):Upon completion of contract performance, and annually if performance is longer than 365 days, the Contracting officer will evaluate contractor performance for use in future contract award decisions. The Contractor shall be provided an opportunity to comment on the contracting officer’s evaluation. If you wish to familiarize yourself with this system, you can find it at HYPERLINK "" . The government retains the evaluations, contractor responses, and review comments, if any, as part of the contract file. The evaluations are available for Federal Agencies for support of future award decisions through the Past Performance Information Retrieval System (PPIRS).The contractor must provide the contracting officer with the name and email address of the contractor CPARS POC. This is the person responsible for responding to these evaluations. This person will be granted access to CPARS during the award and assigned the system role of contractor representative (CR).OMBUDSMAN:Per VAAR 816.505, “The task order contract and delivery-order ombudsman for VA is the Associate Deputy Assistant Secretary (ADAS) for Procurement Policy, Systems and Oversight. The VA Ombudsman shall review and resolve complaints from contractors concerning all task and delivery order actions. If any corrective action is needed after reviewing complaints from contractors, the VA Ombudsman shall provide a written determination of such action to the contracting officer. Contracting officers shall be notified of any complaints submitted to the VA Ombudsman”.INFORMATION REGARDING OFFER MATERIAL, OFFER GUARANTEE AND BONDS(a)All offer materials will be posted on the Federal Business Opportunities (FedBizOpps) website at . No hard copies will be available.(b)No offer guarantee is required for the proposal package. Offer guarantees may be required for individual task orders if so stated in the task order documents. (c) The offerors to whom awards are made will be required to furnish payment bonds for all task orders under $150,000. Performance and payment bonds will be required as prescribed in FAR 28.102-1 for task orders between $150,000 - $500,000. Performance and payment bonds shall be delivered to the Contracting Officer no later than ten (10) calendar days after award of each individual task order or at a date agreed upon with the Contracting Officer. The penal sums of the performance and payment bonds shall be 100% of the original task order price as required by FAR Clause 52.228-15, PERFORMANCE AND PAYMENT BONDS – CONSTRUCTION (OCT 2010). The Contractor shall not begin work until bonds, properly executed, are furnished to the Contracting Officer and notice to proceed is issued. The furnishing of bonds is an integral part of task order performance, and failure to provide bonds within the time frames specified shall be cause for a default termination.1.1 GENERAL PROPOSAL INFORMATIONGENERAL PROPOSAL INFORMATIONProject: Construction IDIQ for VISN 16 Various LocationsIssuing Office: NCO 16Point of Contact: Beth CookE-mail: HYPERLINK "mailto:beth.cook@" beth.cook@ System for Award Management (SAM): SAM has replaced the Central Contractor Registration (CCR), Online Representations and Certifications Application (ORCA) and the Excluded Parties List System (EPLS).Federal Acquisition Regulations require that federal contractors register in the SAM database at HYPERLINK "" 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 in SAM prior to submitting their pletion of Representations and Certifications shall consist of completion of annual representations and certifications electronically via SAM. It is not necessary to complete and return as a part of the offer package FAR 52.204-8, Annual Representations and Certifications, contained in this solicitation unless offeror identifies changes in FAR 52.204-8(d). VENDOR INFORMATION PAGES (VIP):This procurement is a total Service-Disabled Veteran-Owned Small Business (SDVOSB) set-aside under Public Law 109-461. Offerors must be registered and verified as a SDVOSB in the Vendor Information Pages (VIP) at HYPERLINK "" . Proposals received from contractors who are not verified as a SDVOSB in VetBiz will not be considered for award. Contract award shall not be delayed due to loss of SDVOSB verification.VETS-4212: Title 38, USC Section 4212(d) and Public Law 105-339, requires that federal contractors report, at least annually, the number and category of veterans who are within their workforce. This VETS-4212 report can be submitted per the instructions at HYPERLINK "" . For assistance contact VETS-4212 customer support at 1-866-237-0275 or HYPERLINK "mailto:VETS4212-customersupport@" VETS4212-customersupport@. For procurement awards in excess of $150,000, this report must be completed and accepted prior to any Federal contract award. Therefore, all potential contractors are encouraged to file every year. Site Visit: No organized site visits are scheduled. Requests for Information (RFIs): RFI’s are due NLT Noon local (Biloxi) time 14 calendar days prior to the date for receipt of offers shown in Block 13A of SF1442 or as amended, and will not be accepted after this date. RFI’s should be submitted by email to the Contract Specialist at HYPERLINK "mailto:bill.geary@" beth.cook@ using EXHIBIT F PROPOSAL INQUIRY FORM per the directions on the form. Responses will be provided by amendment to the solicitation in a question and answer format in coordination with the COR. Example: Subject Line of the RFI e-mail should be as follows: Company Name, RFI No. 1, 36C25618R0173 and Project Title.Proposal Due Date: Proposals are due NLT the date/time shown in Block 13a of Standard Form (SF) 1442. Proposals may be delivered via the following: U.S. Postal Service, Commercial Delivery Services, or hand carried. There will be no public opening of the offers. Magnitude of Construction: The guaranteed minimum for each contract awarded is $500.00 for the total five-year contract. The maximum contract amount for each contract awarded is $25,000,000.00. The maximum contract amount is not guaranteed.North American Industry Classification (NAICS) code: The primary NAICS code for this procurement is 236220. The Small Business size standard is $36.5 Million. Work under task orders is not limited to this NAICS code.Wage Determination (WD): The applicable Davis Bacon wage determinations for this solicitation are incorporated as attachments to this solicitation.Funding: Contract award is contingent upon the availability of appropriated funds for the guaranteed minimum. The Government does not compensate vendors for proposal development and submission.1.2 PROPOSAL PREPARATION AND EVALUATION INFORMATIONPROPOSAL PREPARATION AND EVALUATION INFORMATIONThis part describes the precise mechanism for evaluating and selecting offers for this procurement for: Construction idiq FOR MULTIPLE LOCATIONS VISN 16Proposal Preparation and Submission Instructions:To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Proposals must be complete, self-sufficient, and respond directly to the requirements of this solicitation. Offerors are required to meet all solicitation requirements. The Government reserves the right to make a final determination on a proposal’s acceptability/ unacceptability solely on the basis of the proposal submitted and to proceed without requesting additional information. Failure to meet a requirement may result in an offer being removed from consideration for award.Offerors shall submit a separate proposal for each location of interest. Offerors shall provide all requested information for each factor. Proposals shall address each element of the factors as applicable to be considered responsive to this solicitation. Factor headings should be highlighted in yellow or typed in bold text for identification. It is the offeror’s responsibility to ensure the submitted proposal is in the proper format and the provided information is clear and free of ambiguities. Offeror’s proposal should contain the offeror’s best terms from a price standpoint. Offerors are cautioned to submit sufficient information and in the format specified in the proposal instructions. Communication conducted to resolve minor or clerical errors would not constitute discussions and the CO reserves the right to award a contract without the opportunity for proposal revisions or discussions.The offeror may submit price proposals for one, two, three or all four of the locations shown on the Schedule of Offer Items. To be considered eligible for award, the offeror shall submit a price proposal for all coefficients listed under each location chosen by the offeror in the Schedule of Offer Items for the five-year base period. Total coefficients for each location are:ALEXANDRIA VA HEALTH CARE SYSTEM – 18OVERTON BROOKS VA MEDICAL CENTER – 3SOUTHEAST LOUISIANA VETERANS HEALTH CARE SYSTEM – 9VA GULF COAST VETERANS HEALTH CARE SYSTEM – 12Offerors who fail to submit all the required coefficients for their chosen location(s) will not receive further consideration for award at that location.OFFERS: The price offer shall be a coefficient. Offers shall be equal to (e.g. 1.00) or a percentage “decrease from” (e.g. 0.75) or a percentage “increase to” (e.g. 1.25) the unit prices listed in the Unit Price Book (UPB). Percentage factors shall not extend beyond two decimal places.The Overhead and Profit Rate for non-prepriced items shall be in the form of a decimal fraction less than one (1.00). It will constitute a composite rate, which includes the contractor’s cost other than direct costs, and including all overhead and profit for non-prepriced items which may be encountered during performance of this contract. This rate includes all items associated with performing the non-prepriced tasks other than direct costs.Proposals shall be submitted in three parts, (1) Technical, (2) Past Performance and (3) Price. Five (5) hard copies of each are required. One compact disk (CD) shall be submitted containing all three parts. The offeror is responsible for ensuring their proposal is complete. Non-compliance with the RFP requirements may be grounds to eliminate the proposal from consideration for contract award. Proposal size will be limited as shown below. If these page limits are exceeded, the pages in excess of the limit will not be read or considered.COPIES PAGE LIMITSTECHNICAL PROPOSAL 550PAST PERFORMANCE550*PRICE PROPOSAL5Submit completed/signed SF1442/SF1442 BACK with acknowledgement of amendments and completed Schedule of Offer Items with coefficients and all overhead and profit rates entered for each location chosen by the offeror*EXHIBIT A PERFORMANCE RELEVANCY SURVEY and EXHIBIT B PAST AND PRESENT PERFORMANCE QUESTIONNAIRE do not count against the 50 page limit for Past Performance.SDVOSB Verification: The Government will review VetBiz to confirm SDVOSB status verification for the submitted proposals. Evaluations will only be performed on proposals submitted by SDVOSBs who are verified at the time of submission. Subsequent confirmation of SDVOSB verification status will be performed at the time of final award.Submission of Proposal: Submit proposals to:Gulf Coast Veterans Health Care SystemNetwork Contracting Office (NCO) 16Beth Cook, Contract Specialist400 Veterans AvenueBldg T-102 Rm A100 Biloxi, MS 39531 Basis for Award:Source Selection: This is a competitive source selection process. The Government anticipates awarding two or more Firm-Fixed-Price IDIQ contracts for construction at each of the four locations shown on the Schedule of Offer Items to the responsible offerors whose offers conform to the requirements set forth in the solicitation and will be most advantageous to the Government, technical, past performance, price and other factors considered. This acquisition will be a “Best Value” source selection process utilizing a tradeoff strategy among cost/price and non-cost/price factors in accordance with FAR 15.101 and FAR 15.101-1 respectively. This process enables the government to consider other than the lowest priced offeror, or other than the highest technically rated offeror. The Government may initiate action to award contracts at any point after review of the offers. Therefore, each offer must reflect the Offeror’s best terms, both from a cost and technical standpoint. See FAR 52. 215-1, Instructions to Offerors - Competitive Acquisition (JAN 2004). While the Government and the Contracting Officer will strive for maximum objectivity, the evaluation process, by its nature, is subjective and therefore professional judgment is implicit throughout the entire evaluation process.Awarding Without Discussions: In accordance with FAR 52.215-1(f)(4), the Government intends to evaluate proposals and award without discussions. The Government may initiate action to award contracts at any point after review of the offers. Therefore, each offer shall reflect the Offeror’s best terms, both from a cost and technical standpoint. See FAR 52. 215-1, Instructions to Offerors - Competitive Acquisition (JAN 2004). Communication between the Government and offerors will be limited to exchanges for clarification as described in FAR 15.306(a). In accordance with FAR 15.306(b)(1)(i) communications may be held with offerors before establishment of the competitive range if the offerors past performance information is the determining factor preventing them from being placed with the competitive range. Such communications shall address adverse past performance information to which the offeror has not had a prior opportunity to respond. A competitive range may be established if discussions are determined by the CO to be necessary. If a competitive range is established, proposals that do not have a reasonable chance of receiving award may be accordingly eliminated from competition and further evaluation. Should the CO determine that discussions are necessary, they will be held with only those offerors determined to be in the competitive range, after which final proposal revisions will be requested. The Government reserves the right to reject any or all offers if such action is in the Government's best interest. Final proposal revisions shall be submitted as specified and will be due at a time and place to be determined. Contractors submitting final proposal revisions will not be requested to re-submit any documents which are unchanged from their initial proposals. Offerors shall submit necessary changes as individual paragraphs or otherwise as briefly as possible, together with a table of contents, which clarifies where within the initial proposal additional or changed documents would be placed.Relative Weight of Evaluation Factors: TECHNICAL AND PAST PERFORMANCE FACTORS ARE OF EQUAL IMPORTANCE AND WHEN COMBINED ARE SIGNIFICANTLY MORE IMPORTANT THAN PRICE. THE GOVERNMENT RESERVES THE RIGHT TO AWARD TO OTHER THAN THE OFFEROR WITH THE LOWEST PRICED PROPOSAL OR WITH THE HIGHEST RATED TECHNICAL PROPOSAL. Evaluation Factors:Offerors shall submit a separate proposal for each location of interest.The evaluation factors that shall be used to evaluate offeror’s proposals are as follows:FACTOR 1: TechnicalFACTOR 2: Past PerformanceFACTOR 3: PriceFACTOR 1 – TECHNICAL Evaluations will be based on the following significant subfactors in descending order of importance:Previous construction experience with multiple-award (MATOC) or single-award (SATOC) (including JOC, SABER, etc.) construction IDIQ contracts demonstrating an ability to manage and complete multiple projects simultaneously;Corporate construction project experience;Key personnel construction experience; andQuality control.Previous Construction Experience with MATOC/SATOC/JOC/SABER Construction IDIQ contracts: The offeror shall demonstrate an ability to manage and complete multiple projects under a construction IDIQ contract simultaneously. Provide a list of all construction IDIQ contracts under which the offeror has performed as prime contractor in the last three years from proposal issuance date along with a list of all task orders executed against those contracts. Include award and completion dates for the IDIQ contract(s) and each task order.Corporate Construction Project Experience: The offeror shall demonstrate relevant corporate project experience. Provide a list of projects successfully completed by the offeror of similar size, scope, and complexity (in a Hospital facility or similar working conditions) within the last 3 years of proposal issuance date.Key Personnel Construction Experience: Provide the names of the offeror’s proposed project management personnel (i.e. Site Superintendent, Project Manager,) along with a description of the individual’s experience and a list of successfully completed projects of similar size, scope, and complexity (in a Hospital facility or similar working conditions) within the last 3 years from proposal issuance date. Superintendent shall have a minimum of three (3) years of experience managing or supervising multiple projects of similar size and scope. If the person listed as proposed superintendent is not a current employee of the offeror but intends to become one upon award of the contract, OFFEROR SHALL SUBMIT A COPY OF A COMMITMENT LETTER FROM THAT PERSON AS A PART OF THE TECHNICAL PROPOSAL to verify offeror will be hiring him/her and he/she intends to accept the position. Quality Control: The offeror shall have demonstrated quality control techniques used to maintain workmanship, materials, and overall management or oversight of previous projects. See SOW, Sections 15, 16, and 17 for Quality, Safety, and Infection Control Plan requirements.OFFEROR SHALL FURNISH A COMPLETED COPY OF EXHIBIT D CONTRACTOR EVALUATION FORM CONSTRUCTION SAFETY AS A PART OF THE TECHNICAL PROPOSAL. In accordance with (IAW) VHA DIRECTIVE 7715 SAFETY AND HEALTH DURING CONSTRUCTION, offeror’s completed Exhibit D must demonstrate that the offeror has had no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or EPA violations in the past three years and has an Experience Modification Rate (EMR) of equal to or less than 1.0. If those totals are exceeded, the offeror shall attach an explain why and submit as much information as possible regarding the circumstances of its past safety and environmental record, including the number of EPA violations and/or the number of serious, repeat, and/or willful OSHA violations, along with a detailed description of those violations.All offerors shall submit information regarding their current EMR. This information shall be obtained from the offeror’s insurance carrier and be furnished on the insurance carrier’s letterhead. If an offeror’s EMR is above 1.0, offeror must attach a written explanation of the EMR from its insurance carrier, furnished on the insurance carrier’s letterhead, describing the reasons for the EMR, and the anticipated date the EMR may be reduced to 1.0 or below.The above information, along with other information obtained from Government systems, such as the OSHA and EPA online inspection history databases, will be used to make an initial Determination of Responsibility.Self-insured contractors or other contractors that cannot provide their EMR rating on insurance letterhead must obtain a rating from the National Council on Compensation Insurance, Inc. (NCCI) by completing/submitting form ERM-6 and providing the rating on letterhead from NCCI. Note: Self-insured contractors or other contractors that cannot provide EMR rating on insurance letterhead from the states or territories of CA, DE, MI, NJ, ND, OH, PA, WA, WY, and PR shall obtain their EMR rating from their state run worker’s compensation insurance rating bureau. If the NCCI cannot issue an EMR because the Bidder/Offeror lacks insurance history, Bidder/Offeror shall submit a letter indicating so from its insurance carrier furnished on the insurance carrier’s letterhead, and include a letter from the NCCI indicating that is has assigned Bidder/Offeror a Unity Rating of 1.0. The above information, along with other information obtained from Government systems, such as the OSHA and EPA online inspection history databases, will be used to make an initial Determination of Responsibility. This requirement is applicable to all subcontracting tiers, and prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors.” OFFERORS WHO FAIL TO SUBMIT EXHIBIT D AND THE ADDITIONAL REQUIRED INFORMATION AS A PART OF THEIR PROPOSAL PACKAGE WILL BE EXCLUDED FROM AWARD CONSIDERATION IF AWARD IS MADE WITHOUT DISCUSSIONS. OFFEROR SHALL FURNISH A COMPLETED COPY OF EXHIBIT E SURETY FORM ATTESTING TO BONDABILITY AS A PART OF THE TECHNICAL PROPOSAL. Offerors who fail to complete and submit Exhibit E as a part of their technical proposal will not be considered for award if award is made without discussions. Offerors who submit an Exhibit E that does not demonstrate a minimum single project bonding limit of $500,000 and a minimum aggregate bonding limit of $5,000,000 will not be considered for award.FACTOR 2 - PAST PERFORMANCE: Evaluations will be based on the following in descending order of importance:SIGNIFICANT SUBFACTORSVA Health Care construction experience;Previous construction experience in the geographic area(s) covered by this solicitation.Non-VA health care environment construction experience;Timely performance under previous construction projects;Client’s overall satisfaction with previous construction projects; andPrevious VA Health Care construction projects: Successful completion of previous construction projects for the Department of Veterans Affairs.Geographic area performance: Demonstrated ability to successfully perform construction projects in the location(s) being proposed on.Previous non-VA health care construction projects: Successful completion of previous construction projects outside the Department of Veterans Affairs in the health care field.Timely performance: Demonstrated ability to perform of similar size, scope, and complexity successfully in accordance with approved progress schedules under previous construction projects.Client’s Overall Satisfaction with Previous Projects: The Evaluation Panel may contact the references supplied for projects submitted. Each reference may be asked the following:Was the Contractor cooperative, capable, and effective in prosecuting the work?Did Contractor’s performance conform to the terms and conditions of the contract?Once completed, did the project require unexpected maintenance activity?Have any latent defects been found?Was the staffing level consistent with the project size and complexity?Would the client use this firm again? Why or why not?Offeror shall provide the following information for each contract/project submitted for evaluation:Company Name/Address/Phone number/Email AddressProject TitleContracting Office/Government AgencyContract NumberTotal Contract AmountPeriod of PerformanceContracting Officer (CO) name, Phone Number and EmailContracting Officer’s Representative (COR) Name, Phone number, and email addressBrief Description of the Project /Requirements and number of personnel assigned to the project.The Offeror shall demonstrate recent (within the last three years from proposal issuance date) successful performance under contracts (ongoing or completed) which are similar in scope, magnitude, and complexity to the subject requirement via SUBMISSION WITH PAST PERFORMANCE PROPOSAL OF EXHIBIT A PERFORMANCE RELEVANCY SURVEY. SUBMIT EXHIBIT A ON NO LESS THAN FIVE (5) PROJECTS, including information on problems encountered and corrective actions.Past Performance Questionnaire – Offerors shall prepare and forward to prior client(s) for submission to the Contracting Office EXHIBIT B PAST AND PRESENT PERFORMANCE QUESTIONNAIRE for all the projects listed by contractor and submitted using EXHIBIT A PERFORMANCE RELEVANCY SURVEY. This includes correspondence explaining the requirement to obtain an independent evaluation of prior contract performance and the Past and Present Performance Questionnaire for use in evaluating Past Performance. Completed Past Performance Questionnaires shall be submitted to the Contracting Office so as to arrive not later than the closing date/time for receipt of proposals shown on the SF1442. Completed questionnaires shall be forwarded via email to HYPERLINK "mailto:beth.cook@" beth.cook@. The subject line shall state 36C25618R0173 Past Performance for (Name of Company.) NOTE: Offeror shall not review the Past Performance Questionnaire prior to submission. Past Performance Questionnaire must be submitted by the client/evaluator directly to the Contracting Office. Offerors should follow-up and encourage references to get the questionnaires to the Contracting Office in a timely manner. Do not include copies of the letters or questionnaires in the proposal. The Government may evaluate past performance information through the use of Exhibit B completed by the offeror's references; use data independently obtained from other Government or commercial sources, including, but not limited to, Government databases; and/or rely upon personal business experience with the offeror. The evaluation may take into account Past Performance information regarding predecessor companies, key personnel who have relevant experience, and/or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to this acquisition. Past Performance information on contracts not listed by the offeror, or that of planned subcontractors, may also be evaluated. The Government may contact references and contact parties other than those identified by the offeror, and information received may be used in the evaluation of the offeror’s Past Performance. While the Government may elect to consider data obtained from other sources, the burden of providing current accurate and complete Past Performance information rests with the offeror. The Government reserves the right to obtain and evaluate Past Performance information from any source it deems appropriate.An offeror with limited or no past performance may receive a rating based on the evaluation of its subcontractors and/or key personnel, provided an EXHIBIT C SUBCONTRACTOR INFORMATION AND CONSENT FORM has been executed and included in the proposal for proposed subcontractors and/or potential key personnel not employed by the offeror. These ratings shall have the same weight as the ratings of the offeror. Offerors without a record of relevant past performance will be assigned a neutral rating in accordance with FAR 15.305(a)(2)(iv). However, the proposal of an offeror with no relevant Past Performance history, while rated “Neutral” in Past Performance, may not represent the most advantageous proposal to the Government and thus, may be an unsuccessful proposal when compared to the proposal of other offerors.In accordance with FAR 15.306(a)(2), if award will be made without conducting discussions, an offeror may be given the opportunity to clarify certain aspects of their proposal (i.e. the relevance of an offeror's past performance information) as related to this acquisition, address adverse past performance information to which the offeror has not previously had an opportunity to respond or to resolve minor clerical errors. Performance Currency, Trends, and Relevancy: The government will consider the currency, trends and relevancy of the performance information while conducting its performance evaluation. For the purpose of this solicitation, performance currency is performance occurring within the last three (3) years from the proposal issuance date. Within this period, performance occurring later in the period may have greater significance than work occurring earlier in the period. For example, performance information for work occurring during March 2017 may have greater importance than performance information for work occurring during March 2015. Performance Trends may, depending upon the circumstances, have greater significance than sporadic incidents of "Exceptional" or "Unsatisfactory" performance. For the purpose of this solicitation, Performance Relevancy is defined as contracts (ongoing or completed) which are similar in scope, magnitude, and complexity to the current requirement. Higher relevancy will be assessed for contracts that are similar to the effort, or portion of effort, for which that contractor is being proposed, and may contribute to an overall higher relevancy score for the offeror. Based on the evaluation of offers, the Government will assign a performance confidence rating for each proposal at the factor level. The evaluation will consider the sub-factors as described herein. Following assignment of the performance confidence rating for each proposal, each offeror will receive a final risk rating for performance based on the cumulative rating of performance currency, trends and relevancy. FACTOR 3 – PRICEPrice (shown as coefficients) shall be input on the Schedule of Offer Items included in the solicitation, and returned with the completed SF 1442 and SF1442 Back. Proposals will be evaluated to determine if the prices and support costs are:Complete – The proposal includes coefficients for all three categories (normal working hours, outside normal working hours, and non-prepriced items) for the base period for each location chosen by the offeror.Reasonable – The price is determined fair and reasonable using cost or price analysis techniques described in FAR 15.404. Normally, adequate price competition establishes price reasonableness.If pricing for all CLINs at each location selected by the offeror is not included in the initial proposal response the offeror shall be excluded from further consideration of contract award at that location if awards are made without discussions.Prices that are too high or too low in comparison to the other Price Proposals Received, to the Independent Government Cost Estimate (IGCE), and to historical prices may be indicative of an inherent lack of understanding of the solicitation requirements and may result in proposal rejection without discussion. Each proposal will be evaluated to determine whether it complies with the stated criteria. Those proposals evaluated as not satisfying all of the price/cost criteria may be eliminated from consideration for award unless the Contracting Officer determines:A minor clerical error has occurred, then the offeror may be given an opportunity to correct the minor error within the constraints of the "clarifications" process; orThe Contracting Officer determines discussions are required.After the non-cost/price factors have been evaluated and rankings have been established, cost/price will be compared against these rankings to determine the combination most advantageous to the Government. The evaluation of price will be based on each offeror’s proposed coefficients. The offeror’s coefficient shall contain all costs other than pre-priced unit prices and shall include, but is not limited to:-Proposal preparation;-Projected increase (cost risk) in construction costs over the contract period;-All wastes and excess material;-Infection control;-Green Environmental Management Systems (GEMS);-Mobilization and close out for total contract and each task order;-Final clean up (day-to-day clean up included in material costs);-Compliance with safety laws/regulations (i.e., safety rails, face and clothing protection, etc.);-Compliance with environmental laws/regulations; -Traffic and work site signs and barriers;-Compliance with tax laws;-Project management and supervision;-Protection of Government property;-Quality control;-Office management and equipment;-Depreciation of mobile office(s);-Overhead;-Profit;-Labor burden;-Contingencies;-Material taxes; -Insurance;-Performance and payment bonds;-Subcontractor profit and overhead;-As built drawings, submittals, permits, licenses; and-Any other risks of doing business.All components of price shall be included in the offeror’s coefficient, and shall be fully supported, as no allowance for an omitted cost will be made later. The coefficient shall not exceed two (2) decimal places to the right of the decimal point.Evaluation Process:The Contracting Officer/Contract Specialist will conduct proposal compliance review after receipt of proposals for determination of basic proposal adequacy prior to providing the proposals to the Source Selection Evaluation Board (SSEB). Failure to provide a complete proposal may result in the proposal being removed from further consideration for award. Noncompliance with the RFP requirements may be grounds to eliminate the proposal from consideration for contract award. Failure to include all information requested may adversely affect the evaluation. A proposal that merely reiterates or promises to accomplish the requirements of the RFP will be considered unacceptable. A proposal that is not presented in an orderly format may be considered noncompliant with solicitation instructions, not evaluated, and possibly removed from consideration for award. The Government will evaluate and rate an offeror's Technical proposal at the factor level using a color rating that combines technical merit and proposal risk that most accurately defines the offeror’s performance risk considering all subfactors.The Government will evaluate and rate an offeror's Past Performance at the factor level using descriptive adjectives that most accurately define performance confidence and performance risk considering each sub-factor identified in this section. The government will consider the currency, trends and relevancy of the performance information while conducting its performance evaluation. For the purpose of this solicitation, performance currency is performance occurring within the last three (3) years from the proposal issuance date. Within this period, performance occurring later in the period may have greater significance than work occurring earlier in the period. For example, performance information for work occurring during March 2017 may have greater importance than performance information for work occurring during March 2015. Performance Trends may - depending upon the circumstances - have greater significance than sporadic incidents of "Exceptional" or "Unsatisfactory" performance. For the purpose of this solicitation, Performance Relevancy is defined using VA/general health care construction performance, skill in managing multiple concurrent projects in the geographic area(s) covered by this solicitation, with a broad range of disciplines used in each project similar in scope and nature to this acquisition as defined in the requirement. Higher relevancy will be assessed for contracts that are similar to the effort, or portion of effort, for which that contractor is being proposed, and may contribute to an overall higher relevancy score for the offeror.The following Performance Relevancy definitions apply:Very RelevantPresent/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires. RelevantPresent/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.Somewhat RelevantPresent/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.Not RelevantPresent/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.Based on the evaluation of offers, the Government will assign a performance confidence rating for each proposal at the factor level. The evaluation will consider the sub-factors as described herein. Following assignment of the performance confidence rating for each proposal, each offeror will receive a final performance risk rating. The Government will evaluate and rate an offeror's Price Proposal to determine the completeness and reasonableness of the proposal in relation to the solicitation requirements. The evaluation of price will be based on each offeror’s proposed coefficients. For evaluation purposes only, when evaluating the price proposals (coefficients) greater weight will be assigned to the coefficient for normal working hours than to the contract coefficient for other than normal working hours or to the overhead and profit rate for non-prepriced items. Also, greater weight will be assigned to the coefficient for the medical center in each location (Alexandria VAMC, Biloxi VAMC, Overton Brooks VAMC and New Orleans VAMC) than to the coefficients for the outpatient clinics associated with each location. In other words, for evaluation purposes only, the VA assumes that the majority of the work required under these contracts will take place during normal working hours at the four locations and will weight the proposed coefficients accordingly. LOCATION 1 – ALEXANDRIA VA HEALTH CARE SYSTEMWhen evaluating the Cost or Price Submissions, 65% of the weight will be assigned to the contract coefficient for normal working hours, 30% will be assigned to the contract coefficient for other than normal working hours and 5% of the weight will be assigned to the overhead and profit rate for non-prepriced items.? After a weighted average has been calculated for each of the six facilities, the cost or price submissions for all six facilities will then be averaged with 75% of the weight assigned to the cost or price submitted for the Pineville facility, 5% of the weight assigned to the Jennings CBOC, 5% of the weight assigned to the Lake Charles CBOC, 5% of the weight assigned to the Leesville CBOC, 5% of the weight assigned to the Lafayette CBOC, and 5% of the weight assigned to the Natchitoches CBOC.? In other words, for purposes of evaluating cost or price submissions only, the Government estimates that 65% of the work performed under this contract will be done during normal working hours, 30% will be done during other than normal working hours, 5% will be non-prepriced work, 87% will be performed at the Pineville facility, 5% will be performed in Jennings, 2% will be performed at Lake Charles, ?2% will be performed in Leesville, ?2% will be performed in Lafayette, 2% will be performed in Natchitoches and the cost or price submissions will be weighted and evaluated accordingly.LOCATION 2 – OVERTON BROOKS VA MEDICAL CENTERWhen evaluating the Cost or Price Submissions, 60% of the weight will be assigned to the contract coefficient for normal working hours, 30% will be assigned to the contract coefficient for other than normal working hours and 10% of the weight will be assigned to the overhead and profit rate for non-prepriced items.? LOCATION 3 – SOUTHEAST LOUISIANA VETERANS HEALTH CARE SYSTEMWhen evaluating the Cost or Price Submissions, 80% of the weight will be assigned to the contract coefficient for normal working hours, 10% will be assigned to the contract coefficient for other than normal working hours and 10% of the weight will be assigned to the overhead and profit rate for non-prepriced items.? After a weighted average has been calculated for each of the three facilities, the cost or price submissions for all three facilities will then be averaged with 80% of the weight assigned to the cost or price submitted for the New Orleans facility, 10% of the weight assigned to the Reserve CBOC, and 10% of the weight assigned to the Hammond CBOC.? In other words, for purposes of evaluating cost or price submissions only, the Government estimates that 80% of the work performed under this contract will be done during normal working hours, 10% will be done during other than normal working hours, 10% will be non-prepriced work, 80% will be performed at the New Orleans facility, 10% will be performed in Reserve,10% will be performed in Hammond and the cost or price submissions will be weighted and evaluated accordingly.LOCATION 4 – GULF COAST VETERANS HEATH CARE SYSTEMWhen evaluating the Cost or Price Submissions, 50% of the weight will be assigned to the contract coefficient for normal working hours, 25% will be assigned to the contract coefficient for other than normal working hours and 25% of the weight will be assigned to the overhead and profit rate for non-prepriced items.? After a weighted average has been calculated for each of the four facilities, the cost or price submissions for all four facilities will then be averaged with 70% of the weight assigned to the cost or price submitted for the Biloxi facility, 10% of the weight assigned to the Pensacola CBOC, 10% assigned to the Eglin CBOC, and 10% assigned to the Panama City CBOC.? In other words, for purposes of evaluating cost or price submissions only, the Government estimates that 70% of the work performed under this contract will be done during normal working hours, 20% will be done during other than normal working hours, 10% will be non-prepriced work, 80% will be performed at the Biloxi facility,10% will be performed in Pensacola, 5% will be performed at Eglin and 5% will be performed in Panama City Beach and the cost or price submissions will be weighted and evaluated accordingly.After the non-cost/price factors have been evaluated and rankings have been established, cost/price will be compared against these rankings to determine the combination most advantageous to the Government. Offerors are advised that if the technical/past performance proposals are essentially rated as equal, awards will be made based on lowest price.INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS2.1 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a Firm-Fixed-Price, Indefinite Quantity contract resulting from this solicitation.(End of Provision)2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation. (2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer. (b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer. (2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.(End of Provision)2.3 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014) (a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "designated country 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 Under Trade Agreements" (Federal Acquisition Regulation (FAR) clause 52.225-11). (b) Requests for determination 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 FAR clause 52.225-11 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 materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11. (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 construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country 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 FAR clause 52.225-11 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 FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country 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)2.4 52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000) (a) The Contractor shall submit one of the following payment protections:Payment Bond; Deposits of Other Types of Security (listed below): (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)2.5 52.233-2 SERVICE OF PROTEST (SEP 2006) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from: NCO 16 - BILL GEARY VA Gulf Coast VHCS Hand-Carried Address: Department of Veterans Affairs VA Gulf Coast VHCS (NCO 16) 400 Veterans Avenue ATTN: Bill Geary Bldg. T-102 Room A106 Biloxi MS 39531 Mailing Address: Department of Veterans Affairs VA Gulf Coast VHCS (NCO 16) 400 Veterans Avenue ATTN: Bill Geary Bldg. T-102 Room A106 Biloxi MS 39531 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.(End of Provision)2.6 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) (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: N/A Address: SITE VISITS WILL BE SCHEDULED FOR EACH TASK ORDER. THERE WILL BE NO SITE VISIT FOR THE CONTRACT. Telephone: N/A(End of Provision)2.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): (End of Provision)FAR NumberTitleDate52.204-7SYSTEM FOR AWARD MANAGEMENTOCT 201652.204-16COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTINGJUL 201652.204-22ALTERNATIVE LINE ITEM PROPOSALJAN 201752.214-34SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGEAPR 199152.214-35SUBMISSION OF OFFERS IN U.S. CURRENCYAPR 199152.215-1INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITIONJAN 201752.216-27SINGLE OR MULTIPLE AWARDSOCT 199552.222-23NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTIONFEB 199952.236-28PREPARATION OF PROPOSALS—CONSTRUCTIONOCT 19972.8 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) Prime contractors are encouraged to assist service-disabled veteran-owned and veteran-owned small business potential subcontractors in obtaining bonding, when required. Mentor firms are encouraged to assist protégé firms under VA's Mentor-Protégé Program in obtaining acceptable bid, payment, and performance bonds, when required, as a prime contractor under a solicitation or contract and in obtaining any required bonds under subcontracts.(End of Clause)2.9 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) (a) Any protest filed by an interested party shall: (1) Include the name, address, fax number, and telephone number of the protester; (2) Identify the solicitation and/or contract number; (3) Include an original signed by the protester or the protester's representative and at least one copy; (4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents; (5) Specifically request a ruling of the individual upon whom the protest is served; (6) State the form of relief requested; and (7) Provide all information establishing the timeliness of the protest. (b) Failure to comply with the above may result in dismissal of the protest without further consideration. (c) Bidders/offerors and contracting officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.(End of Provision)2.10 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998) As an alternative to filing a protest with the contracting officer, an interested party may file a protest with the Deputy Assistant Secretary for Acquisition and Materiel Management, Acquisition Administration Team, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, or for solicitations issued by the Office of Construction and Facilities Management, the Director, Office of Construction and Facilities Management, 810 Vermont Avenue, NW., Washington, DC 20420. The protest will not be considered if the interested party has a protest on the same or similar issues pending with the contracting officer.(End of Provision)2.11 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)REPRESENTATIONS AND CERTIFICATIONS3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220. (2) The small business size standard is $36.5 Million. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies. (2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes: [ ] (i) Paragraph (d) applies. [ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation. (c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated: (i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless— (A) The acquisition is to be made under the simplified acquisition procedures in Part 13; (B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or (C) The solicitation is for utility services for which rates are set by law or regulation. (ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000. (iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations. (iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management. (v) 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. (vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation. (vii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold. (viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations. (ix) 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. (x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government. (xi) 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. (xii) 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. (xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity. (xiv) 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. (xv) 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. (xvi) 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. (xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items. (xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.) (xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1. (xx) 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 $80,317, the provision with its Alternate II applies. (D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies. (xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5. (xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations. (xxiii) 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. (xxiv) 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 HYPERLINK "" . 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 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) (a) Definitions. As used in this provision— "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. "Federal contracts and grants with total value greater than $10,000,000" means— (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). "Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in— (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via HYPERLINK "" (see 52.204-7).(End of Provision)GENERAL CONDITIONS4.1 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) (a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management database via HYPERLINK "" . (b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments— (1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by— (i) Government personnel and authorized users performing business on behalf of the Government; or (ii) The Contractor, when viewing data on itself; and (2) The publicly-available segment, to which all data in the non-public segment of FAPIS is automatically transferred after a waiting period of 14 calendar days, except for— (i) Past performance reviews required by subpart 42.15; (ii) Information that was entered prior to April 15, 2011; or (iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause. (c) The Contractor will receive notification when the Government posts new information to the Contractor's record. (1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the nonpublic segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS. (2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them. (3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. (d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.(End of Clause)4.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than SEE TO'S calendar days after receipt of notice to proceed. The time stated for completion shall include final cleanup of the premises.(End of Clause)4.3 52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (SEPT 2000) (a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of for each calendar day of delay until the work is completed or accepted. (b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.(End of Clause)4.4 52.216-18 ORDERING (OCT 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from effective date of the contract through the last day of the contract period. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.(End of Clause)4.5 52.216-19 ORDER LIMITATIONS (OCT 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor— (1) Any order for a single item in excess of $500,000.00; (2) Any order for a combination of items in excess of $500,000.00; or (3) A series of orders from the same ordering office within 1 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.(End of Clause)4.6 52.216-22 INDEFINITE QUANTITY (OCT 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after N/A.(End of Clause)4.7 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 HYPERLINK "" . (d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees. (e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update. (f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause. (g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed: The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 236220 assigned to contract number .[Contractor to sign and date and insert authorized signer's name and title].(End of Clause)4.8 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED ITEMS (MAY 2008) (a) Definitions. As used in this clause— "Postconsumer material" means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of "recovered material." "Recovered material" means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process. (b) The Contractor, on completion of this contract, shall— (1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of postconsumer material content; and (2) Submit this estimate to Engineering Service and/or GEMS Coordinator.(End of Clause)4.9 52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (OCT 2016) (a) Definitions. As used in this clause— "Caribbean Basin country construction material" means a construction material that— (1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or (2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed. "Commercially available off-the-shelf (COTS) item"— (1) Means any item of supply (including construction material) that is— (i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101); (ii) Sold in substantial quantities in the commercial marketplace; and (iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and (2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products. "Component" means an article, material, or supply incorporated directly into a construction material. "Construction material" means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material. "Cost of components" means— (1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material. "Designated country" means any of the following countries: (1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom); (2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore); (3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or (4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago). "Designated country construction material" means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material. "Domestic construction material" means— (1) An unmanufactured construction material mined or produced in the United States; (2) A construction material manufactured in the United States, if— (i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or (ii) The construction material is a COTS item. "Foreign construction material" means a construction material other than a domestic construction material. "Free Trade Agreement country construction material" means a construction material that— (1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or (2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed. "Least developed country construction material" means a construction material that— (1) Is wholly the growth, product, or manufacture of a least developed country; or (2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed. "United States" means the 50 States, the District of Columbia, and outlying areas. "WTO GPA country construction material" means a construction material that— (1) Is wholly the growth, product, or manufacture of a WTO GPA country; or (2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed. (b) Construction materials. (1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American restrictions are waived for designated country construction materials. (2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause. (3) The requirement in paragraph (b)(2) of this clause does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:NONE (4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Government determines that— (i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the restrictions of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent; (ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or (iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality. (c) Request for determination of inapplicability of the Buy American statute. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including— (A) A description of the foreign and domestic construction materials; (B) Unit of measure; (C) Quantity; (D) Price; (E) Time of delivery or availability; (F) Location of the construction project; (G) Name and address of the proposed supplier; and (H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause. (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause. (iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued). (iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination. (2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause. (3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute. (d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:Foreign and Domestic Construction Materials Price ComparisonConstruction Material DescriptionUnit of MeasureQuantityPrice (Dollars)*Item 1:Foreign Construction MaterialDomestic Construction MaterialItem 2:Foreign Construction MaterialDomestic Construction Material[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).](End of Clause)4.10 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997) (a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract. (b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective— (1) For such period as the laws of the State in which this contract is to be performed prescribe; or (2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer. (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.(End of Clause)4.11 SUPPLEMENTAL INSURANCE REQUIREMENTS In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract: (a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers. (b) General Liability: $500,000.00 per occurrences. (c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage. (d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.(End of Clause)4.12 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): (End of Clause)FAR NumberTitleDate52.202-1DEFINITIONSNOV 201352.203-3GRATUITIESAPR 198452.203-5COVENANT AGAINST CONTINGENT FEESMAY 201452.203-6RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENTSEP 200652.203-7ANTI-KICKBACK PROCEDURESMAY 201452.203-8CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITYMAY 201452.203-10PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITYMAY 201452.203-12LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONSOCT 201052.203-13CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCTOCT 201552.203-14DISPLAY OF HOTLINE POSTER(S)OCT 201552.203-17CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTSAPR 201452.203-19PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTSJAN 201752.204-4PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPERMAY 201152.204-9PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNELJAN 201152.204-10REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDSOCT 201652.204-13SYSTEM FOR AWARD MANAGEMENT MAINTENANCEOCT 201652.204-18COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCEJUL 201652.204-19INCORPORATION 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 201552.210-1MARKET RESEARCHAPR 201152.215-2AUDIT AND RECORDS—NEGOTIATIONOCT 201052.219-8UTILIZATION OF SMALL BUSINESS CONCERNSNOV 201652.222-3CONVICT LABORJUN 200352.222-4CONTRACT WORK HOURS AND SAFETY STANDARDS—OVERTIME COMPENSATIONMAY 201452.222-6CONSTRUCTION WAGE RATE REQUIREMENTSMAY 201452.222-7WITHHOLDING OF FUNDSMAY 201452.222-8PAYROLLS AND BASIC RECORDSMAY 201452.222-9APPRENTICES AND TRAINEESJUL 200552.222-10COMPLIANCE WITH COPELAND ACT REQUIREMENTSFEB 198852.222-11SUBCONTRACTS (LABOR STANDARDS)MAY 201452.222-12CONTRACT TERMINATION—DEBARMENTMAY 201452.222-13COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED REGULATIONSMAY 201452.222-14DISPUTES CONCERNING LABOR STANDARDSFEB 198852.222-15CERTIFICATION OF ELIGIBILITYMAY 201452.222-21PROHIBITION OF SEGREGATED FACILITIESAPR 201552.222-26EQUAL OPPORTUNITYSEP 201652.222-27AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTIONAPR 201552.222-35EQUAL OPPORTUNITY FOR VETERANSOCT 201552.222-36EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIESJUL 201452.222-37EMPLOYMENT REPORTS ON VETERANSFEB 201652.222-40NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACTDEC 201052.222-50COMBATING TRAFFICKING IN PERSONSMAR 201552.222-54EMPLOYMENT ELIGIBILITY VERIFICATIONOCT 201552.222-55MINIMUM WAGES UNDER EXECUTIVE ORDER 13658DEC 201552.222-62PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706JAN 201752.223-2AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTSSEP 201352.223-3HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA ALTERNATE I (JUL 1995)JAN 199752.223-5POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATIONMAY 201152.223-6DRUG-FREE WORKPLACEMAY 200152.223-15ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTSDEC 200752.223-17AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTSMAY 200852.223-18ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVINGAUG 201152.223-21FOAMSJUN 201652.225-13RESTRICTIONS ON CERTAIN FOREIGN PURCHASESJUN 200852.227-1AUTHORIZATION AND CONSENTDEC 200752.227-2NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENTDEC 200752.227-4PATENT INDEMNITY—CONSTRUCTION CONTRACTSDEC 200752.228-2ADDITIONAL BOND SECURITYOCT 199752.228-11PLEDGES OF ASSETSJAN 201252.228-12PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDSMAY 201452.228-14IRREVOCABLE LETTER OF CREDITNOV 201452.228-15PERFORMANCE AND PAYMENT BONDS—CONSTRUCTIONOCT 201052.229-3FEDERAL, STATE, AND LOCAL TAXESFEB 201352.232-5PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTSMAY 201452.232-17INTERESTMAY 201452.232-23ASSIGNMENT OF CLAIMSMAY 201452.232-27PROMPT PAYMENT FOR CONSTRUCTION CONTRACTSJAN 201752.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD MANAGEMENTJUL 201352.232-39UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONSJUN 201352.232-40PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORSDEC 201352.233-1DISPUTESMAY 201452.233-3PROTEST AFTER AWARDAUG 199652.233-4APPLICABLE LAW FOR BREACH OF CONTRACT CLAIMOCT 200452.236-2DIFFERING SITE CONDITIONSAPR 198452.236-3SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORKAPR 198452.236-5MATERIAL AND WORKMANSHIPAPR 198452.236-6SUPERINTENDENCE BY THE CONTRACTORAPR 198452.236-7PERMITS AND RESPONSIBILITIESNOV 199152.236-8OTHER CONTRACTSAPR 198452.236-9PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTSAPR 198452.236-10OPERATIONS AND STORAGE AREASAPR 198452.236-11USE AND POSSESSION PRIOR TO COMPLETIONAPR 198452.236-12CLEANING UPAPR 198452.236-13ACCIDENT PREVENTIONNOV 199152.236-21SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION ALTERNATE II (APR 1984)FEB 199752.236-26PRECONSTRUCTION CONFERENCEFEB 199552.242-13BANKRUPTCYJUL 199552.242-14SUSPENSION OF WORKAPR 198452.243-4CHANGESJUN 200752.243-5CHANGES AND CHANGED CONDITIONSAPR 198452.244-6SUBCONTRACTS FOR COMMERCIAL ITEMSNOV 201752.246-12INSPECTION OF CONSTRUCTIONAUG 199652.246-21WARRANTY OF CONSTRUCTIONMAR 199452.248-3VALUE ENGINEERING—CONSTRUCTIONOCT 201552.249-2TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) ALTERNATE I (SEPT 1996)APR 201252.249-10DEFAULT (FIXED-PRICE CONSTRUCTION)APR 198452.253-1COMPUTER GENERATED FORMSJAN 19914.13 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)4.14 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992) (a) Except as provided in paragraph (c) below, the Contractor shall display prominently, in common work areas within business segments performing work under VA contracts, Department of Veterans Affairs Hotline posters prepared by the VA Office of Inspector General. (b) Department of Veterans Affairs Hotline posters may be obtained from the VA Office of Inspector General (53E), P.O. Box 34647, Washington, DC 20043-4647. (c) The Contractor need not comply with paragraph (a) above if the Contractor has established a mechanism, such as a hotline, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.(End of Clause)4.15 VAAR 852.211-74 LIQUIDATED DAMAGES (JAN 2008) If any unit of the work contracted for is accepted in advance of the whole, the rate of liquidated damages assessed will be in the ratio that the value of the unaccepted work bears to the total amount of the contract. If a separate price for unaccepted work has not been stated in the contractor's bid, determination of the value thereof will be made from schedules of costs furnished by the contractor and approved by the contracting officer, as specified elsewhere in the contract.(End of Clause)4.16 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION) (a) Definition. For the Department of Veterans Affairs, “Service-disabled veteran-owned small business concern or SDVSOB”: (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 (see VAAR 802.201 Surviving Spouse definition); (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; (iv) The business has been verified for ownership and control pursuant to 38 CFR 74 and is so listed in the Vendor Information Pages database, ( HYPERLINK "" ); and (v) The business will comply with subcontracting limitations in 13 CFR 125.6, as applicable (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 verified service-disabled veteran-owned small business concerns. Offers received from concerns that are not verified service-disabled veteran-owned small business concerns shall not be considered. (2) Any award resulting from this solicitation shall be made to a verified 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, the concern will comply with the limitation on subcontracting requirements in 13 CFR §125.6. (d) A joint venture may be considered a service-disabled veteran owned small business concern if the joint venture complies with the requirements in 13 CFR 125.15, provided that any reference therein to SDVO SBC is to be construed to apply to a VA verified SDVOSB as appropriate. (e) Any service-disabled veteran-owned small business concern (non-manufacturer) must meet the requirements in FAR 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.(End of Clause)4.17 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008) When net changes in original contract price affect the premium of a Corporate Surety Bond by $5 or more, the Government, in determining the basis for final settlement, will provide for bond premium adjustment computed at the rate shown in the bond.(End of Clause)4.18 VAAR 852.232-72 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)4.19 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (JUL 2002) The clause entitled "Specifications and Drawings for Construction" in FAR 52.236-21 is supplemented as follows: (a) The contracting officer's interpretation of the drawings and specifications will be final, subject to the disputes clause. (b) Large scale drawings supersede small scale drawings. (c) Dimensions govern in all cases. Scaling of drawings may be done only for general location and general size of items. (d) Dimensions shown of existing work and all dimensions required for work that is to connect with existing work shall be verified by the contractor by actual measurement of the existing work. Any work at variance with that specified or shown in the drawings shall not be performed by the contractor until approved in writing by the contracting officer.(End of Clause)4.20 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)4.21 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)4.22 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)4.23 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)4.24 VAAR 852.236-79 DAILY REPORT OF WORKERS AND MATERIAL (APR 1984) The contractor shall furnish to the resident engineer each day a consolidated report for the preceding work day in which is shown the number of laborers, mechanics, foremen/forewomen and pieces of heavy equipment used or employed by the contractor and subcontractors. The report shall bear the name of the firm, the branch of work which they perform such as concrete, plastering, masonry, plumbing, sheet metal work, etc. The report shall give a breakdown of employees by crafts, location where employed, and work performed. The report shall also list materials delivered to the site on the date covered by the report.(End of Clause)4.25 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)4.26 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)4.27 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)4.28 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)4.29 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)4.30 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)4.31 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)4.32 VAAR 852.236-89 BUY AMERICAN ACT (JAN 2008) ALTERNATE I (JAN 2008) (a) Reference is made to the clause entitled "Buy American Act--Construction Materials under Trade Agreements," FAR 52.225-11. (b) The restrictions contained in this clause 852.236-89 are waived for designated country construction material as defined in FAR 52.225-11. Notwithstanding a bidder's right to offer identifiable foreign construction material in its bid pursuant to FAR 52.225-11, VA does not anticipate accepting an offer that includes foreign construction material, other than designated country 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)4.33 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)4.34 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)4.35 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.4.36 MANDATORY WRITTEN DISCLOSURES Mandatory written disclosures required by FAR clause 52.203-13 to the Department of Veterans Affairs, Office of Inspector General (OIG) must be made electronically through the VA OIG Hotline at and clicking on "FAR clause 52.203-13 Reporting." If you experience difficulty accessing the website, call the Hotline at 1-800-488-8244 for further instructions.4.37 LIST OF ATTACHMENTSSee attached document: EXHIBIT A PERFORMANCE RELEVANCY SURVEY.See attached document: EXHIBIT B PAST AND PRESENT PERFORMANCE QUESTIONNAIRE.See attached document: EXHIBIT C SUBCONTRACTOR INFORMATION AND CONSENT.See attached document: EXHIBIT D CONTRACTOR EVALUATION FORM CONSTRUCTION SAFETY.See attached document: EXHIBIT E SURETY FORM.See attached document: EXHIBIT F PROPOSAL INQUIRY FORM.See attached document: EXHIBIT G RETURNABLES.See attached document: General Decision FL 180005 01-12-18 Bay County FL Building Construction.See attached document: General Decision FL 180148 01-05-2017 Bay County FL Heavy Construction.See attached document: General Decision FL 180201 01-05-2018 Bay County FL Highway Construction.See attached document: General Decision FL 180247 01-12-2018 Escambia County FL Building Construction.See attached document: General Decision FL 180155 01-05-2018 Escambia County FL Heavy Construction.See attached document: General Decision FL 180208 01-05-2018 Escambia County FL Highway Construction.See attached document: General Decision FL 180262 01-12-2018 Okaloosa County FL Building Construction.See attached document: General Decision FL 180170 01-05-2018 Okaloosa County FL Heavy Construction.See attached document: General Decision FL 180222 01-05-18 Okaloosa County FL Highway Construction.See attached document: General Decision MS180141 01-05-2018 Harrison County MS Building Construction.See attached document: General Decision MS180155 01-05-2018 Harrison County MS Heavy Construction.See attached document: General Decision MS180237 01-05-2018 Harrison County MS Highway Construction.See attached document: General Decision LA180055 01-05-2018 Rapides Parish LA Building Construction.See attached document: General Decision LA180002 01-26-2018 Caddo-Calcasieu- Lafayetted-Rapides Parishes LA Heavy Construction.See attached document: General Decision LA180017 01-05-2018 Calcasieu-Lafayette-Rapides Parishes LA Highwy Construction.See attached document: General Decision LA180027 01-05-2018 Vernon Parish LA Building Construction.See attached document: General Decision LA180006 01-26-2018 Jefferson Davis-Natchitoches-Tangipahoa-Vernon Parishes LA Heavy Construction.See attached document: General Decision LA180018 01-05-2018 Jefferson Davis-Tangipahoa-Vernon Parishes LA Highway Construction.See attached document: General Decision LA180029 01-05-2018 Jefferson Davis Paris LA Building Construction.See attached document: General Decision LA180043 01-05-2018 Lafayette Parish LA Building Construction.See attached document: General Decision LA180036 01-05-2018 Calcasieu Parish LA Building Construction.See attached document: General Decision LA180024 01-05-2018 Natchitoches Parish LA Building Construction.See attached document: General Decision LA180019 01-05-2018 Natchitoches Parish LA Highway Construction.See attached document: General Decision LA180045 01-12-2018 Orleans Parish LA Building Construction.See attached document: General Decision LA180007 01-05-2018 Orleans-St John the Baptist Parishes LA Heavy Construction.See attached document: General Decision LA180015 01-05-2018 Orleans-St John the Baptist Parishes LA Highway Construction.See attached document: General Decision LA180049 01-12-2018 Tangipahoa Parish LA Building Construction.See attached document: General Decision LA180056 01-12-2018 St John the Baptist Parish LA Building Construction.See attached document: General Decision LA180035 01-05-2018 Caddo Parish LA Building Construction.See attached document: General Decision LA180014 01-05-2018 Caddo Parish LA Highway Construction. ................
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