1. SOLICITATION NO.2. TYPE OF ... - Veterans Affairs



1. SOLICITATION NO.2. TYPE OF SOLICITATION3. DATE ISSUEDPAGE OF PAGES4. CONTRACT NO.5. REQUISITION/PURCHASE REQUEST NO.6. PROJECT NO.7. ISSUED BYCODE8. ADDRESS OFFER TOA. NAMEB. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? (If "YES," indicate within how many calendar days after award in Item 12B.)12B. CALENDAR DAYS13. ADDITIONAL SOLICITATION REQUIREMENTS:STANDARD FORM 1442 (REV. 4-85)STANDARD FORM 1442Prescribed by GSA YFAR (48 CFR) 52.236-1(d)NSN 7540-01-155-3212SOLICITATION, OFFER,AND AWARD(Construction, Alteration, or Repair)SOLICITATIONSOLICITATIONIMPORTANT - The "offer" section on the reverse must be fully completed by offeror.9. FOR INFORMATION CALL:NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".SEALED BID (IFB)NEGOTIATED (RFP)11. The Contractor shall begin performance within ____________ calendar days and complete it within ____________calendar days after receivingaward,notice to proceed. This performance period ismandatory,negotiable. (See _____________________________.)YESNOA.Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________(hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealedenvelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are dueB.An offer guaranteeis,is not required.C.All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference .D.Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not beconsidered and will be rejected. 1 105VA247-14-R-0546X04-24-2014TBD509-14-2-5507-0019509-14-101Department of Veterans AffairsVISN 7 Network Contracting Activity501 Greene StreetHatcher Building - Suite 2Augusta GA 30901Same as Block 7Attn: Tracy JamesTracy James706-733-0188 x1119This acquisition is a two (2)Phase Design-Build IAW FAR 36.3. One solicitation shall be issued that will cover bothphases. Phase I, proposal will be evaluated to determine the offerors that submit proposals in Phase II.No offeror will submit a Phase II proposal unless directed by the Contracting Officer.This acquisition is 100% set-aside for CVE verified Service-Disabled Veteran Owned Small Business (SDVOSB)().NAICS code is 236220 with small business size standard of $33.5 millionPerformance period is 545 Calendar DaysProject Magnitude is between $500,000.00 and $1,000,000.00In order to be eligible for evaluation and award, offeror shall be registered with the following websites:1. System for Award Management - 2. VetBiz - 3. VETS-100 at Description: The contractor shall provide design-build A/E and construction services to provide design-buildServices to renovate Chemo Infusion Area at Charlie Norwood VAMC, Augusta, GAPre-Bid site investigation will be conducted by the Resident Engineer and the Contracting Officer(reference FAR 52.236-27, Site Visit) on 1 May 2014 at 1:00pm. Main Lobby Building 801 Site Visit is not mandatory, but highly recommended. Do not contact the Resident Engineer to schedule a visit.15545X52.211-10X10 3 copies & 1CD1:00pm05-23-2014X120PART I - THE SCHEDULE 1SECTION A - SOLICITATION/CONTRACT FORM 106SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)14. NAME AND ADDRESS OF OFFEROR15. TELEPHONE NO.16. REMITTANCE ADDRESSCODEFACILITY CODE17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer isaccepted by the Government in writing within __________ calendar days after the date offers are due.AMOUNTS18. The offeror agrees to furnish any required performance and payment bonds.19. ACKNOWLEDGMENT OF AMENDMENTSAMENDMENT NO.DATE20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER20B. SIGNATURE20C. OFFER DATE21. ITEMS ACCEPTED:22. AMOUNT23. ACCOUNTING AND APPROPRIATION DATA24. SUBMIT INVOICES TO ADDRESS SHOWN INITEM25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO10 U.S.C. 2304(c)( )41 U.S.C. 253(c) ( )26. ADMINISTERED BYCODE27. PAYMENT WILL BE MADE BYPHONE:FAX:28. NEGOTIATED AGREEMENT29. AWARDYourContractor agreesoffer on this solicitation, is hereby accepted as to the items listed. Thisto furnish and deliver all items or perform all work, requisitions identifiedaward consummates the contract. which consists of (a) the Governmenton this form and any continuation sheets for the consideration stated insolicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contractractual document is necessary.shall be governed by (a) this contract award, (b) the solicitation, and (c)the clauses, representations, certifications, and specifications incorporatedby reference in or attached to this contract.30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED31A. NAME OF CONTRACTING OFFICERTO SIGN30B. SIGNATURE30C. DATE31B. UNITED STATES OF AMERICABYOFFERAWARDSTANDARD FORM 1442(REV. 4-85)BACK(Include ZIP Code)(Include area code)(Include only if different than Item 14)(Insert any number equal to or greater thanthe minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)(The offeror acknowledges receipt of amendments to the solicitation - give number and date of each)(Type or print)(4 copies unless otherwise specified)(Type or print)(Type or print)(Contractor is required to sign thisdocument and return _______ copies to issuing office.)(Contractor is not required to sign this document.)(Must be fully completed by offeror)(To be completed by Government)CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE_ X 38 USC 8127 & 8128Department of Veterans AffairsVISN 7 Network Contracting Activity501 Greene StreetHatcher Building - Suite 2Augusta GA 30901Department of Veterans AffairsFMS-VA-2 (101)Financial Services CenterP.O. Box 149971Austin TX 78714-9971Table of Contents TOC \o &quot;1-4&quot; \f \h \z \u \x PART I - THE SCHEDULE 1 PAGEREF _Toc386126326 \h 1SECTION A - SOLICITATION/CONTRACT FORM 106 PAGEREF _Toc386126327 \h 1SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair) PAGEREF _Toc386126328 \h 1INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS PAGEREF _Toc386126329 \h 6INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS PAGEREF _Toc386126330 \h 262.1 52.216-1 TYPE OF CONTRACT (APR 1984) PAGEREF _Toc386126331 \h 262.2 52.222-5 DAVIS-BACON ACT—SECONDARY SITE OF THE WORK (JUL 2005) PAGEREF _Toc386126332 \h 262.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999) PAGEREF _Toc386126333 \h 262.4 52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT—CONSTRUCTION MATERIALS (FEB 2009) PAGEREF _Toc386126334 \h 272.5 52.228-1 BID GUARANTEE (SEP 1996) PAGEREF _Toc386126335 \h 282.6 52.233-2 SERVICE OF PROTEST (SEP 2006) PAGEREF _Toc386126336 \h 282.7 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995) PAGEREF _Toc386126337 \h 292.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) PAGEREF _Toc386126338 \h 292.9 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) PAGEREF _Toc386126339 \h 302.10 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) PAGEREF _Toc386126340 \h 302.11 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998) PAGEREF _Toc386126341 \h 302.12 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) PAGEREF _Toc386126342 \h 312.13 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011) PAGEREF _Toc386126343 \h 312.14 PARTNERING PAGEREF _Toc386126344 \h 31REPRESENTATIONS AND CERTIFICATIONS PAGEREF _Toc386126345 \h 333.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2014) PAGEREF _Toc386126346 \h 333.2 52.209-5 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION)(MAR 2012) PAGEREF _Toc386126347 \h 363.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) PAGEREF _Toc386126348 \h 363.4 52.225-20 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OPERATIONS IN SUDAN—CERTIFICATION (AUG 2009) PAGEREF _Toc386126349 \h 37GENERAL CONDITIONS PAGEREF _Toc386126350 \h 394.1 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) PAGEREF _Toc386126351 \h 394.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ALTERNATE I (APR 1984) PAGEREF _Toc386126352 \h 404.3 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) PAGEREF _Toc386126353 \h 404.4 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) PAGEREF _Toc386126354 \h 414.5 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEP 2013) PAGEREF _Toc386126355 \h 424.6 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED ITEMS (MAY 2008) PAGEREF _Toc386126356 \h 434.7 52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (SEP 2010) PAGEREF _Toc386126357 \h 434.8 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984) PAGEREF _Toc386126358 \h 464.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) PAGEREF _Toc386126359 \h 464.10 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) PAGEREF _Toc386126360 \h 494.11 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992) PAGEREF _Toc386126361 \h 494.12 VAAR 852.211-73 BRAND NAME OR EQUAL (JAN 2008) PAGEREF _Toc386126362 \h 494.13 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009) PAGEREF _Toc386126363 \h 504.14 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (DEC 2009) PAGEREF _Toc386126364 \h 504.15 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008) PAGEREF _Toc386126365 \h 524.16 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) PAGEREF _Toc386126366 \h 524.17 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (JUL 2002) PAGEREF _Toc386126367 \h 534.18 VAAR 852.236-72 PERFORMANCE OF WORK BY THE CONTRACTOR (JUL 2002) PAGEREF _Toc386126368 \h 534.19 VAAR 852.236-74 INSPECTION OF CONSTRUCTION (JUL 2002) PAGEREF _Toc386126369 \h 544.20 VAAR 852.236-76 CORRESPONDENCE (APR 1984) PAGEREF _Toc386126370 \h 544.21 VAAR 852.236-77 REFERENCE TO "STANDARDS" (JUL 2002) PAGEREF _Toc386126371 \h 544.22 VAAR 852.236-78 GOVERNMENT SUPERVISION (APR 1984) PAGEREF _Toc386126372 \h 544.23 VAAR 852.236-79 DAILY REPORT OF WORKERS AND MATERIAL (APR 1984) PAGEREF _Toc386126373 \h 544.24 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 1984) PAGEREF _Toc386126374 \h 554.25 VAAR 852.236-82 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS) (APR 1984) ALTERNATE I (JULY 2002) PAGEREF _Toc386126375 \h 554.26 VAAR 852.236-84 SCHEDULE OF WORK PROGRESS (NOV 1984) PAGEREF _Toc386126376 \h 58ADDITIONAL REQUIREMENTS FOR BAR CHART SCHEDULE PAGEREF _Toc386126377 \h 584.27 VAAR 852.236-85 SUPPLEMENTARY LABOR STANDARDS PROVISIONS (APR 1984) PAGEREF _Toc386126378 \h 594.28 VAAR 852.236-86 WORKER'S COMPENSATION (JAN 2008) PAGEREF _Toc386126379 \h 594.29 VAAR 852.236-87 ACCIDENT PREVENTION (SEP 1993) PAGEREF _Toc386126380 \h 594.30 VAAR 852.236-88 CONTRACT CHANGES--SUPPLEMENT (JUL 2002) PAGEREF _Toc386126381 \h 604.31 VAAR 852.236-89 BUY AMERICAN ACT (JAN 2008) PAGEREF _Toc386126382 \h 614.32 VAAR 852.236-91 SPECIAL NOTES (JUL 2002) PAGEREF _Toc386126383 \h 624.33 VAAR 852.246-74 SPECIAL WARRANTIES (JAN 2008) PAGEREF _Toc386126384 \h 634.34 VAAR 852.246-75 WARRANTY FOR CONSTRUCTION--GUARANTEE PERIOD SERVICES (JAN 2008) PAGEREF _Toc386126385 \h 634.35 IT CONTRACT SECURITY PAGEREF _Toc386126386 \h 63-----------------CLOCK PAGEREF _Toc386126387 \h 98IVTRACK_.__, PAGEREF _Toc386126388 \h 98AllELEMENTS PAGEREF _Toc386126389 \h 98TYPICALASNOTEDFOREACHCUBICLE. PAGEREF _Toc386126390 \h 983Stations:330NSF/30.7NSM PAGEREF _Toc386126391 \h 99DESIGN BUILD SPECIFICATIONS PAGEREF _Toc386126392 \h 1014.36 SCHEDULE OF PAYMENTS FOR DESIGN SERVICES PAGEREF _Toc386126393 \h 1014.37 OWNERSHIP OF ORIGINAL DOCUMENTS PAGEREF _Toc386126394 \h 1014.38 RETENTION OF REVIEW DOCUMENTS PAGEREF _Toc386126395 \h 1014.39 CONTRACT DRAWINGS AND SPECIFICATIONS GOVERNMENT FURNISHED PLANNING INFORMATION PAGEREF _Toc386126396 \h 1014.40 COORDINATION WITH MEDICAL CENTER PAGEREF _Toc386126397 \h 1024.41 RESPONSIBILITY OF THE DESIGN-BUILD CONTRACTOR PAGEREF _Toc386126398 \h 102ATTACHMENTS PAGEREF _Toc386126399 \h 103ATTACHMENT 1 - RELEASE OF CLAIMS PAGEREF _Toc386126400 \h 103Department of Veterans Affairs PAGEREF _Toc386126401 \h 105Performance Factors/Ratings: PAGEREF _Toc386126402 \h 105STATEMENT of Bid Items (s)The following Statement of Bid Items is conceptual and may be modified or tailored to technical and cost proposals.GENERAL DESIGN AND CONSTRUCTION: Work includes all labor, materials, tools and equipment, and design-build (D/B) services necessary to complete all scopes of work described herein. Base Bid have a period of performance is five hundred forty five (545) calendar days. Base Bid Item 0001: D/B to provide all labor, equipment and materials to produce a final design/working drawings and construction services. The project will provide a renovated Chemo Infusion area in Bldg. 801. The upgraded facility will be located in the area currently occupied by the Chemo Infusion area in wing 6C. The design of the 6C Chemo Infusion Suite will accommodate 18 chairs and 2 beds for infusion and will include support space for the Oncology Department. The existing Chemo Infusion program will be temporarily relocated from its current site for the renovation. The Chemo Infusion function will be transferred to the newly renovated 6C facility when completed. The D/B contractor to provide all labor, equipment and materials to renovate the current Chemo Infusion area located in the 6C wing of Bldg. 801. Construction work will include ACM abatement, general carpentry, interior finishes, millwork, electrical, nurse call, voice & data, mechanical, plumbing, medical gases and fire detection/ suppression systems in accordance with contract documents and specifications. The Chemo Infusion operations will be temporarily relocated to permit the renovation project to be performed. The project must be constructed to permit the adjacent Medical Center functions to fully operate. The Chemo Infusion operations will be transferred back to the 6C wing when renovation is completed. All construction work must be in accordance with VA Interim Life Safety and Infection Control permits that will be provided the contractor at the pre-construction meeting.Total: $_____________________________________INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDSBidding materials consisting of drawings, specifications and contract forms may be obtained by downloading from the Federal Business Opportunities website at .If the contract will exceed $150,000 (see FAR 28.102-1 for lesser amount), the bidder to whom award is made will be required to furnish two bonds, a Payment Bond, SF 25A, and a Performance Bond, SF 25, each in the penal sum as noted in the General Conditions of the Specification. Copies of SFs 25 and 25A may be obtained by downloading from the following GSA website: no deposit will be necessary, return of the bidding material, postage prepaid, to the issuing office within 10 days after date of opening bids will be required. In case no bid is to be submitted, the return of the bidding material, as soon as this fact has been determined and before the date of opening bids is requested. If you decide not to bid on this project, please advise the issuing office of your reasons (the contracting officer should modify accordingly if a deposit is required).A bid guarantee is required in an amount not less than 20 percent of the bid price but shall not exceed $3,000,000. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for opening of bids, will require rejection of the bid in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then.DESCRIPTION OF WORK: Contractor shall provide all plans, labor, tools, materials, permits, license and supervision necessary to provide design/build services in accordance with the VA medical center approved specifications. The scope of work for this is Renovation of Chemo Infusion Area identified within this request for proposal at the Charlie Norwood VAMC, Augusta, GAProject Magnitude: Between $500,000.00 and $1,000,000.00. (End of Clause)GENDER: Wherever masculine gender is used in the solicitation and contract documents, it shall be considered to include both masculine and feminine.METRIC PRODUCTS: Products manufactured to metric dimensions will be considered on an equal basis with those manufactured using inch-pound units, providing they fall within the tolerances specified using conversion tables and contained in the latest revisions of Federal Standard No. 376, and all other requirements of this document are met. If a product is manufactured to metric dimensions and those dimensions exceed the tolerances specified in inch-pound units, a request should be made to the Contracting Officer, in writing, to determine if the product is acceptable. The Contracting Office, in concert with the Contracting Officer’s Representative (COR), will accept or reject the product.RESIDENT ENGINEER: All references to “Resident Engineer” in the solicitation will be changed to COR.NORMAL WORKING HOURS: Medical Center normal working hours are 8:00 a.m. until 4:30 p.m., Monday through Friday.HOLIDAYS: The federal holidays observed by the Medical Center are New Year’s Day, Martin Luther King Junior’s Birthday, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, and Christmas. Holidays falling on Saturday are observed on the Friday before the holiday and holidays falling on Sunday are observed on the Monday following the holiday.Offeror must be able to provide Safety or Environmental Violations and Experience Modification Rate prior to award of a Construction Contract, must have at a minimum certification of not more than three (3) serious, or one (1) repeat or one willful OSHA or EPA violation(s) in the past three years, and a current Experience Modification Rate (EMR) equal to or less than 1.0.Safety or Environmental Violations and Experience Modification RateAll Bidders/Offerors shall submit the following information pertaining to their past Safety and Environmental record. The information shall contain, at a minimum, a certification that the bidder/offeror has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or any EPA violation(s) in the past three years. All Bidders/Offerors shall submit information regarding their current Experience Modification Rate (EMR) equal to or less than 1.0. This information shall be obtained from the bidder’s/offeror’s insurance company and be furnished on the insurance carrier’s letterhead. Self-insured contractors or other contractors that cannot provide their EMR rating on insurance letterhead must obtain a rating from the National Council on Compensation Insurance, Inc. (NCCI) by completing/submitting form ERM-6 and providing the rating on letterhead from NCCI.Note: Self-insured contractors or other contractors that cannot provide EMR rating on insurance letterhead from the states or territories of CA, DE, MI, NJ, ND, OH, PA, WA, WY, and PR shall obtain their EMR rating from their state run worker’s compensation insurance rating bureau. A Determination of Responsibility will be accomplished for the apparent awardee prior to processing the award. The above information, along with other information obtained from Government systems, such as the OSHA and EPA online inspection history databases will be used to make the Determination of Responsibility. Failure to affirm being within the guidelines above or submit this information will result in a determination of “Non-Responsibility” for the bidder/offeror. NOTE: Any information received by the Government that would cause for a negative Determination of Responsibility will make the bidder/offeror ineligible for award. This requirement is applicable to all subcontracting tiers, and prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors. “SAFETY ASSURANCEGeneral Contractor ResponsibilityThe contractor shall assume full responsibility and liability for compliance with all applicable regulations pertaining to the health and safety of personnel during the execution of work, 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, timely, any accidents or injuries to the Contracting Officer.The contractor shall provide submittals to the Contracting Officer for contract construction or renovation work to include the names, qualifications, and training dates for the contractor CP designated to administer the site-specific safety program, as well as the CP for other activities as required by OSHA regulation are submitted.Prior to commencing work, general contractor shall provide proof that an OSHA certified “competent person” (CP) (29 CFR 1926.20(b) (2) will maintain a presence at the work site whenever the general or subcontractors are present.The CP of general contractor shall have the 30-hour OSHA certified Construction Safety course and all other employees of general contractor or subcontractors shall have the 10-hour OSHA certified Construction Safety course and /or other relevant competency training, as determined by the VA’s CP.Submit training records of all such employees for approval before the start of work.TB Pre-Construction Risk AssessmentThe contractor must provide written certification that all contract employees assigned to the work site have had a pre- placement tuberculin screening within 90 days prior to assignment to the worksite and been found to have negative TBscreening reactions. Contractors will be required to show documentation of negative TB screening reactions for any additional workers who are added after the 90-day requirement before they will be allowed to work on the work site.Contract employees manifesting positive screening reactions to the tuberculin must be examined according to current CDC guidelines prior to working on Veterans Health Administration (VHA) property.Subsequently, if the employee is found without evidence of active (infectious) pulmonary TB, a statement documenting examination by a physician must be on file with the employer (construction contractor), noting that the employee with a positive tuberculin screening test is without evidence of active (infectious) pulmonary TB.If the employee is found with evidence of active (infectious) pulmonary TB, the employee would require treatment with a subsequent statement to the fact on file with the employer before being allowed to return to work on VHA property.CONTRACTOR SECURITY REQUIREMENTSVHA Security Badge Acronyms/DefinitionsPIV = Personal Identification Verification Card, (Contractor/Employee/Affiliate Issued VA ID Card). This is issued for a period of 3 years.Non-PIV = Name of, and type of PIV Card. This type of card is generally issued to cover a specific time period (between 180 days to 365 days).Flash badge = Day Badge, this type of PIV Card is issued for services and or work that is performed on a single visit, or over a short duration of time. No Fingerprints are required for the issuance of the Flash badge. This PIV Card is NOT Transferable.Project Manager = Contractor in charge of the identified contract. This may be the named General Contractor for the awarded project, or a direct reporting chain for any and all subcontractors.VISN = Veterans Integrated Service Network. The Veterans Health Administration of the Department of Veterans Affairs is divided into 21 different health system networks called Veterans Integrated Service Networks, or VISNs.All contractor employees who have access to VA sensitive information are subject to the same level of investigation as VA employees. Through the use of Appendix A of VA Handbook 6500.6, it has been determined that performance of this Construction requirement does not require any access to the VA Information Technology network; therefore, the inclusion of VAAR Security Clause 852.273-75 is not required.Physical access to the VA will be needed to perform the statement of work for this construction requirement. The requirement will be for all contractor and subcontractor personnel to obtain a flash badge through the VA. This is for all individuals that will be on-site for less than 6 months or less than 180 aggregate days. Where this guidance refers to “contractor employees” it is inclusive of all “contractor and subcontractor employees” performing under this contract.A Notice to Proceed will NOT be issued until the flash badge requirements have been met and the PIV Sponsorship Worksheet has been forwarded and processed.The process for obtaining a flash badge is outlined in the following guidance:NOTE: Due to the personal information contained on the forms, all information must be sent in a secure manner. Please DO NOT email a document containing social security numbers unless the email is encrypted. Each individual working on the contract or the contractor POC shall complete the VHA Service Center PIV Sponsorship Worksheet for each employee, in its entirety, and return to the VA Contracting Office, either via encrypted email or hand delivery.The local VA facility will enter each contract employee’s information into the PIV portal.Contract employees shall work with the COTR or PIV Office at the VA facility to verify the physical location of the PIV Point of Contact (POC). Contract employees shall call ahead to make an appointment with the VA facility PIV office.Contract employees shall make sure they have two (2) forms of identification with them when receiving their flash badge. Forms of identification shall be in accordance with Identity Documentation Criteria.Contract employees shall inform the COTR when badges have been received.The flash badge must be displayed above the waist and in accordance with local VA directives. The badge must be visible at all times while working at any VA facility.In the event of a lost badge, contract employees must immediately contact their supervisor who in turn shall contact the COR who will in turn contact the local PIV office to report the loss. Flash badges are the Property of the United States Government. The contractor is REQUIRED to turn in all badges to the COR within 10 calendar days after the project is complete. After completion of the project, the contractor shall complete the Contractor Turn-In Inventory Report to verify that all badges have been collected and turned in.PROPOSAL INSTRUCTIONS/EVALUATION CRITERIATWO-PHASE DESIGN-BUILDThis requirement shall be procured using the two-phase design-build selection procedures in accordance with FAR Part 36.3, Two-Phase Design-Build Selection Procedures, for Phase I and FAR Part 15.304, Evaluation Factors and Significant Subfactors, for Phase II. This section describes the precise mechanism for evaluating and selecting offers for this two- phase design-build procurement.PROCEDURESThis solicitation covers both Phase I and Phase II. Amendments to this Request for Proposals (RFP) will be posted as necessary. In Phase I, proposals will be evaluated to determine which offerors will submit proposals in Phase II. The evaluation is subjective based on the information provided in response to the information requested in the evaluation factors.FORMAT FOR PROPOSAL SUBMISSIONa. Offerors shall submit proposal packages to the Department of Veterans Affairs. By Mail Delivery:Network Contracting OfficeAttn: Tracy James, Contract Specialist 501 Greene Street, Suite 2Augusta, GA 30901b. Hand-delivered only (Monday – Friday, 8:30 a.m. to 3:30 p.m.)Network Contracting OfficeAttn: Tracy James, Contract Specialist 501 Greene Street, Suite 2Augusta, GA 30901For Phase I – Offerors shall submit three (3) hard copies of their proposal and one (1) electronic copies. Offerors shall prepare Technical Proposals with the Selection Criteria and Evaluation Factors in mind, in terms of both content and organization, to facilitate evaluation. Only electronic proposals in MS Word or PDF format on a compact disc will be accepted. NO E-MAILED OR FAXED PROPOSALS WILL BE ACCEPTED.For Phase II – Offerors shall submit three (3) hard copies of their proposal and one (1) electronic copies. Only electronic proposals in MS Word or PDF format on a compact disc will be accepted. NO E-MAILED OR FAXED PROPOSALS WILL BE ACCEPTED. PROPOSAL EVALUATIONFor Phase I: Proposals consisting of Phase I evaluation criteria below will be accepted from all SDVOSB Offerors. Phase I proposals will be evaluated to determine which offerors will submit proposals in Phase II. At maximum, only five of the most highly-rated proposals will be invited to submit a Phase II proposal consisting of Phase II criteria listed below. Evaluations are subjective based on the information provided in response to the information requested in the evaluation criteria. The Contracting Officer, with the assistance of a qualified technical evaluator, will evaluate technical sections of each proposal to determine the Offeror’s ability to accomplish the work as set forth in the solicitation. Technical evaluation will be based solely on the evaluation factors and criteria detailed below in the Phase I and Phase II criteria sections.The Phase II evaluation will utilize the TRADEOFF PROCESS. A tradeoff process is appropriate when it may be in the best interest of the Government to consider award to other than the lowest-priced Offeror or other than the highest technically-rated Offeror (see FAR 15.101-1). All evaluation factors other than cost or price, when combined, will be considered approximately equal to cost or price. Each evaluation factor other than cost or price will be weighed approximately equally.The following rating system will be used for the technical evaluation:RatingDefinitionOUTSTANDINGSuperior in essentially all respectsVERY GOODWell above the expected standard for Offerors in this professionGOODMeets the expected standard for Offerors in this professionMARGINALBelow the expected standard for Offerors in this professionPOORWell below the expected standard for Offerors in this professionThe following rating system will be used to evaluate past performance factors:RatingDefinitionOUTSTANDINGRelevant experience with high level of customer satisfactionVERY GOODRelevant experience with medium level of customer satisfactionGOODSemi-relevant experience with high level of customer satisfactionNONENo past performance information providedMARGINALSemi-relevant experience with medium level of customer satisfactionPOORExperience is either irrelevant or with low level of customer satisfactionAwardAs a result of Phase II of this solicitation, the Government will make a single award to the responsible Offeror whose proposal’s technical/cost relationship represents the best value to the Government. Therefore, all Offerors are advised that their best terms and conditions should be presented in their initial proposals and that Offerors should not assume that they will have an opportunity to participate in discussions or be asked to submit a revised offer. Each Offeror’s proposal shall address the evaluation factors as outlined in the Proposal Submittal section in the solicitation. Failure to provide the minimum information necessary to evaluate each factor will result in the proposal being deemed non-responsive.Award to a proposal conforming to the solicitation may be made without discussions, except for minor clarifications, if determined to be within the best interest of the Government. However, Offerors will be advised that exchanges (discussions/negotiations) may occur if deemed necessary.The Government will award a firm-fixed-price design-build contract to the responsible Offeror whose proposal, conforming to the solicitation, is fair and reasonable and deemed the most advantageous to the Government, considering quality, price and other factors. The Government reserves the right to make cost/technical tradeoffs that are in the best interest of and most advantageous to the Government. The Government also reserves the right to reject any and all offers.EVALUATION CRITERIAPhase I Format and Criteria and Proposal Shall Include:For Phase I -Offeror’s are to submit three (3) hard copies and one (1) CDs, Offeror shall prepare technical proposals with the selection criteria and evaluation factors in mind, in terms of both content and organization, to facilitate evaluation. Only electronic proposals in MS Word or PDF format on a CD will be accepted. No emailed or faxed proposals will be acceptedPhase I Format and Criteria.Submit Cover page with solicitation number, project title, company particulars to include DUNS number, CAGE code, tax ID number, principle points of contact, e-mail address, mailing address, phone numbers, etc. SF1442, acknowledging all amendmentsVolume I – Technical Proposal TAB 1 Submit Copy of current, valid general contractor’s or mechanical contractor’s license issued by the state for construction contractor who will be on record. Copy of CVE letter, OSHA Safety Report, EMR (experience modification rate). TAB 2 Technical Approach: 5 pages Max. In a narrative format, describe how you will develop the project to achieve all the objectives of both the design and construction objectives of project. Include at minimum all aspects covered in the scope of work. Develop at least one 24 x 36 basic schematic illustrating your proposed layout of the location of the Chemo Infusion area NOT A DETAILED DESIGN; (Not included in page limit).The Offeror shall demonstrate the following, relevant to the subject procurement: 1. Project Delivery Philosophy - Include expectation statements concerning: 2. Elements for Successful Partnering: Communication, Commitment and Resolution; Conflict 3. Proposed Design Period Peer Review technical/administrative by VA & 4. Quality Control Plan;TAB 3 Technical Qualifications Factor 1 – Specialized experience and technical competence a. Construction Management Corporate Project Experience: Each Offeror shall demonstrate corporate experience with no less than three (3) and no more than five (5) projects completed within the last five (5) years by a Design Build contract (as defined in FAR 36.102) and/or contract similar in size and scope to this project. Scoring will be more favorable if both criteria are met. In describing project design and construction experience, provide the following information:Project title, location and brief description including the building use (Medical Facility, etc.) and contracting method (design build, design bid construct, CM at risk, etc.);Project owner and name and telephone number of owner’s contact person;Project Design Architect and Engineers (consultants if utilized) and name and telephone number of contact person(s). Note each firm and employee also proposed for this solicitation;Project Prime Contractor and Major Subcontractors and name and telephone number of contact person(s). Note each firm and managing persons (project manager/superintendent/foreman as the case may be) also proposed for this solicitation;Project Statistics including start and completion dates (original vs. actual) for design and construction, cost (with brief explanation of what is included in the cost), square footage, foundation type, number of levels, and any awards (prizes) received.Project Personnel Experience (Specialized experience and technical competence). Each Offeror shall demonstrate the relevant experience of key project personnel. Biographical data shall include the following: Name of individual; Company of employ; Company position title; Years with the company;Description of work experience with projects that were completed by the design-build process, were medical facilities, and the company (by name) the individual worked for when involved in the project;An indication of which (if any) projects submitted under Corporate Project Experience section (above) the individual participated in and what the individual’s responsibility was for that project;An indication of which other individuals submitted under Project Personnel Experience this individual has worked with and the project they worked on together, noting if that project has been submitted under the Corporate Project Experience section (above);Position that the individual will hold in regard to this contract/project team, description of the individual’s proposed duties, and percentage of the individual’s time that would be committed to the project during both the design and construction phases;Description of job related educational experience including degrees, certificates, etc., along with granting institutionsOfferors shall supply this biographical data for key personnel for at least the following positions (please note if one individual is proposed for more than one position listed): Overall Project Manager; (Architect) Design Project Manager; Construction Project Manager; Architect/Engineer Field Representative.Project Organizational Chart and Narrative - Include team members submitted under Project Personnel Experience section above. Clearly describe the prime responsible firm (or firms if a J/V) and individuals as well as the roles and responsibilities of individuals proposed as consultants and sub-contractors. Provide a list all consultants and all proposed major subcontractors, including telephone number, address, and name of contact. FACTOR 2 Capability to Perform:Provide the offeror’s total bonding capacity, current available bonding capacity and expected available capacity in 2014;Provide the offeror’s current workload and availability of adequate staff listed under Project Personnel Experience to manage the project. Include project schedules for current and pending projects, as well as the anticipated impact of this project on those schedules and staffing plans.The Offeror shall describe in a written narrative the plan for phasing the work so that the facility remains operational while utilities and access roadways are realigned. The narrative shall so detail how the contractor intends to prepare the site, disassemble, relocate, reassemble, and reactivate utility services to the facility within any specified time limits. The Offeror shall clarify its intended uses of the portions of the site indicated to be available to the contractor elsewhere in this RFP for materials staging, temporary trailer offices, employee parking, and other activities as shown in the design solution material.FACTOR 3 – Past Performance and Experience Relevant and recent past performance of the Offeror’s team (including the architect-engineer and construction members); Relevant performance means projects involving design build projects of a similar type of mechanical medical center work and similar price range, and the offeror served as the Prime Contractor. Recent is defined as performance within the last five (5) years through the solicitation release date. Identify a minimum of three projects, but no more than five (5) projects. a. Each past performance shall include the following: Description of project and dollar value Identify all major subcontractors Project completion time.b. Each shall be from the following Experience categories:Team experience: Identify any projects that the designer and (prime) constructor have previously contractually teamed together to accomplish.Constructor/Key Subs and/or Designer: Include examples within the last three (3) years ( five (5) years for design firms), of design/build projects, in which the designer and/or constructor or key trade subcontractors have been involved, if anyJoint Ventures or Teaming Arrangements: If offeror represents the combining of two or more companies for the purpose of this RFP, then each company must list project examples, related to its role for this project.c. Prime Contractor Experience: Provide examples of projects within the last three (3) years, in which the prime contractor has been involved, which are similar to this project in scope and magnitude.d. Design Firms (s) Experience: Provide examples of projects within the last five (5) years, in which each design firm has been involved, which are similar in scope and magnitude to their role on this project. Offeror’s shall also identify no more than five (5) recent, relevant projects, to include the information below. Relevant experience shall be evaluated as a measure of the offeror’s overall qualification to perform work of the nature described in the attached Statement of Work. If the submitted experience is deemed to be equivalent to the Statement of Work, it will be evaluated as relevant experience. If the experience is deemed to be less than equivalent to the Statement of Work, it will receive a lower evaluation. Recent experience is defined as performance within the last five (5) years from the solicitation release date. Please identify no less than three (3) and more than five (5) projects. ADDITIONALLY, PAST PERFORMANCE QUESTIONNAIRES SHALL BE SUBMITTED FOR UP TO FIVE PROJECTS. PLEASE SEE ATTACHMENT pleted past performance questionnaires shall be emailed to: Tracy James, Contracting Officer (e-mail: Tracy.James@), so as to arrive five days prior to RFP closing.NOTE: Offeror must not review the past performance questionnaire prior to submission. The questionnaire must be submitted by the client/evaluator directly to the Contracting Officer. It is the responsibility of the Offeror to ensure past performance questionnaires are received in accordance with the instructions listed herein and that each questionnaire clearly identifies the Offeror.VOLUME IIPhase II Evaluation Factors FAR 36.303 IAW FAR 15.304 Proposal shall include (Only Phase I Offerors, NOTIFIED as Selected for Phase II, are to submit): Submit three (3) hard copies of their proposal and one (1) electronic copies. Five (5) is the maximum number of Offeror’s that will be selected to submit phase-two proposals. After evaluating phase-one proposals, the contracting officer shall select the most highly qualified offerors and request that only those offeror’s submit phase-two proposals. Offeror’s selected shall prepare Technical Proposals with the Selection Criteria and Evaluation Factors in mind, in terms of both content and organization, to facilitate evaluations. Only electronic proposals in MS Word or PDF format on a CD with hardcopies of original bonds will be accepted. BID GUARANTEES ARE REQUIRED FOR PHASE II. See FAR 52.228-1 Bid Guarantee. No e-mail or faxed proposals will be accepted. PROPOSALS MUST BE SUBMITTED BY MAIL OR HAND DELIVERY.Proposal Submittal: Submit your proposal packages to the Department of Veterans AffairsBy Mail Delivery:Network Contracting OfficeAttn: Tracy James 501 Greene Street Suite 2Augusta, GA 30901Hand Delivery (Monday – Friday, 8:30 am to 4:00pm EST)Network Contracting OfficeAttn: Tracy James 501 Greene Street Suite 2Augusta, GA 30901 TAB 0: General Information, to include: cover page with solicitation number; project title; and company particulars to include DUNS number, CAGE code, tax ID number, principle points of contact, E-MAIL ADDRESS, mailing address, phone numbers, bid bond, etc. (Tab 0). (Bid guarantees are required for Phase II). Referenced FAR 52.228-1 Bid Guarantee. TAB 1: Price Proposal TAB 2: Design Concept TAB 3: Management Approach TAB 4: Key Personnel TAB 5: Offer Guarantee/Bid BondPlace Contractor’s Duns number on standard form 1442 and contact e-mail addressTAB 1: Factor 1 – Price Proposal (Tab 1)Pricing shall be formatted in a section that can be easily removed from the rest of the Offeror’s Proposal so that it can be independently evaluated. It shall contain two separate parts.Part 1 – General Pricing Breakdown. This simple one-page summary consisting of fourteen (14) lump sum figures is requested by the evaluation team to facilitate a pricing review. Part 1 pricing is lump sums for each bid (base bid and bid deduct) for the following categories: Total labor for the entire project; Total material costs for the entire project; Total other direct costs for the entire project; Total G&A for the entire project; and Total profit for the entire project.Part 2 – Detailed breakdown. A detailed breakdown is required to facilitate a price reasonableness determination as required by the FAR and VAAR, e.g. by reviewing that the Offeror has priced all individual Statement of Work areas and that each item is priced reasonably.TAB 2: Factor 2 – Design Concept (Tab 2): Narrative 10 pages max. (Any drawings are not included in page count.) to include: Offeror shall include proposed design solution to properly correct electrical deficiencies as outlined in RFP. Package shall include a general site layout, a general utility layout, expected demolition work, and a detailed description of the proposed solution.The Offeror shall describe in a written narrative the plan for phasing the work so that the facility remains operational while utilities and access roadways are realigned. The narrative will also detail how the contractor intends to prepare the site, disassemble, relocate, reassemble, and reactivate utility services to the facility within any specified time limits. NOTE: Phasing is essential for this project.Describe any technical difficulties that may be encountered in a project of this type. Provide a narrative of preventative measures or solutions to overcome these issues.TAB 3: Factor 3 – Management Approach (Tab 3): Narrative 10 pages max (Any Drawings are not included in page count) Offeror shall include proposed design solution to properly satisfy heating, ventilation, and air conditioning requirements. Package should include a general site layout, a general utility layout, expected demolition work and a detailed description of the proposed work to Renovate Chemo Infusion.The team’s technical and management approach to include project delivery philosophy, quality planning, team organization and responsibilities and capability to perform. Elements for successful Partnering: Communication, Commitment and Conflict Resolution. Proposed technical solutions.Provided Quality Assurance/Quality Control Plan (approach to safety and compliance with infection control, projects plans and specifications).Project statistics including start and completion dates (original vs actual) for design and construction; cost (brief explanation of what is included in the cost - :sq. footage, foundation type, number of levels and any awards received. Include any technical obstacles that were encountered and the solution taken. Project Organizational Chart and Narrative - Include team members submitted under Project Personnel Experience below. Clearly describe the prime responsible firm (or firms if a J/V) and individuals as well as the roles and responsibilities of individuals proposed as consultants and sub-contractors. Provide a list all consultants and all proposed major subcontractors, including telephone number, address, and name of contact.Provide a progress schedule in a time scaled bar graph format. The horizontal axis will be scaled for time beginning with the Notice to Proceed and concluding with contract completion. The vertical axis will show the milestones and major portions of the contract work. All schedule items will show a start date and a completion date. The detailed schedule, will indicate specific tasks with dates for each step of the process including:Design Period: The design period sub periods (i.e., first and second reviews, other meetings, internal QUALITY ASSURANCE /QUALITY CONTROL plan reviews, etc.).Construction Period: Mobilization; Demolition method and sequencing; Excavation; Structure Completion; Exterior finishing; Procurement and installation of equipment; Interior installation and phasing; Provisions for overtime or shift work; Site utilities, Tests and final inspection.General Project Delivery Schedule and Narrative - Show relationships between construction document development/completion (including required review activities) and construction activities for (at a minimum, utility relocation, excavation, substructure, structure, exterior fa?ade, interior finishes, building systems, and site development.The Offeror shall specify how much allowance has been made for bad weather in the schedule, the days of the week and the hours of construction operations during each phase of the work, and the percentage of contract completion that will be achieved at the end of each month of the contract.TAB 4: Factor 4 – Key Personnel (Tab 4)Project personnel experience (Specialized experience and technical competence). The offeror shall demonstrate the relevant experience of key project personnel. Supply this biographical data for key personnel for at least the following: (Note if one individual is proposed for more than one position listed): Overall project manager Design project manager Construction project manager Architect/Engineer field representative Safety Manager SuperintendentBiographical data shall include the following: Name of individual Company employed by Company position title Years with the company Describe work experience with projects that; were completed by the design build process; were medical facilities and/or electrical projects and the company (by name) they worked for when involved in the project. An indication of which (if any) projects submitted under relevant experience the individual participated in and what the individuals responsibility was for that project. Position that the individual will hold in regard to this contract/project team, description of duties and what percentage of the individual’s time would be committed to the project during both the design and construction phases.TAB 5: Offer Guarantee/Bid Bond – See FAR 52.228-1.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 contract resulting from this solicitation.(End of Provision)2.2 52.222-5 DAVIS-BACON ACT—SECONDARY SITE OF THE WORK (JUL 2005) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Davis-Bacon Act, of this solicitation. (2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer. (b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer. (2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.(End of Provision)2.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999) (a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation. (b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:Goals for minority participation for each tradeGoals for female participation for each trade23.4 %6.9 % These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office. (c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed. (d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the— (1) Name, address, and telephone number of the subcontractor; (2) Employer's identification number of the subcontractor; (3) Estimated dollar amount of the subcontract; (4) Estimated starting and completion dates of the subcontract; and (5) Geographical area in which the subcontract is to be performed. (e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is(End of Provision)2.4 52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT—CONSTRUCTION MATERIALS (FEB 2009) (a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American Act—Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9). (b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer. (c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9. (2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost. (d) Alternate offers. (1) When an offer includes foreign solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material. (2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies. (3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested— (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or (ii) May be accepted if revised during negotiations.(End of Provision)2.5 52.228-1 BID GUARANTEE (SEP 1996) (a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid. (b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds— (1) To unsuccessful bidders as soon as practicable after the opening of bids; and (2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted. (c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, whichever is less. (d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default. (e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.(End of Provision)2.6 52.233-2 SERVICE OF PROTEST (SEP 2006) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from: Hand-Carried Address: Network Contracting Office Tracy James/Contracting Officer 501 Greene Street Augusta, GA 30901 Mailing Address: Network Contracting Office Tracy James Contracting Office 501 Greene Street Augusta, GA 30901 (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)2.7 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995) (a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed. (b) An organized site visit has been scheduled for— Thursday, 1 May 2014, 1:00pm (c) Participants will meet at— Building 801, Downtown Division, Main Lobby, Augusta VAMC(End of Provision)2.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): (End of Provision)FAR NumberTitleDate52.215-1INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITIONJAN 200452.236-28PREPARATION OF PROPOSALS—CONSTRUCTIONOCT 19972.9 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) Prime contractors are encouraged to assist service-disabled veteran-owned and veteran-owned small business potential subcontractors in obtaining bonding, when required. Mentor firms are encouraged to assist protégé firms under VA's Mentor-Protégé Program in obtaining acceptable bid, payment, and performance bonds, when required, as a prime contractor under a solicitation or contract and in obtaining any required bonds under subcontracts.(End of Clause)2.10 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) (a) Any protest filed by an interested party shall: (1) Include the name, address, fax number, and telephone number of the protester; (2) Identify the solicitation and/or contract number; (3) Include an original signed by the protester or the protester's representative and at least one copy; (4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents; (5) Specifically request a ruling of the individual upon whom the protest is served; (6) State the form of relief requested; and (7) Provide all information establishing the timeliness of the protest. (b) Failure to comply with the above may result in dismissal of the protest without further consideration. (c) Bidders/offerors and contracting officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.(End of Provision)2.11 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998) As an alternative to filing a protest with the contracting officer, an interested party may file a protest with the Deputy Assistant Secretary for Acquisition and Materiel Management, Acquisition Administration Team, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, or for solicitations issued by the Office of Construction and Facilities Management, the Director, Office of Construction and Facilities Management, 810 Vermont Avenue, NW., Washington, DC 20420. The protest will not be considered if the interested party has a protest on the same or similar issues pending with the contracting officer.(End of Provision) PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:Deputy Assistant Secretary for Acquisition and Logistics,Risk Management Team, Department of Veterans Affairs810 Vermont Avenue, N.W.Washington, DC 20420 Or for solicitations issued by the Office of Construction and Facilities Management:Director, Office of Construction and Facilities Management811 Vermont Avenue, N.W.Washington, DC 204202.12 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee's authority. A copy of the designation shall be furnished to the contractor.(End of Provision)2.13 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011) This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.(End of Clause)2.14 PARTNERING (a) In order to most effectively accomplish this contract, the Government proposes to form a cohesive partnership with the Contractor and its subcontractors. This partnership would strive to draw on the strengths of each organization in an effort to achieve a quality project, done right the first time, within the budget and on schedule. (b) This partnership will be totally voluntary. The focus of partnering is to build cooperative relationships with the private sector and avoid or minimize disputes and to nurture a more collaborative ethic characterized by trust, cooperation and teamwork. Partnering is defined as the creation of a relationship between the owner and contractor that promotes mutual and beneficial goals. It is a non-contractual, but formally structured agreement between the parties. The ultimate goal is the elimination of the "us" versus "them" thinking, and formation of a "we" mentality for the benefit of the project. (c) Any cost associated with effectuating this partnership will be agreed to by both parties and will be shared equally with no change in contract price.REPRESENTATIONS AND CERTIFICATIONS3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2014) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220. (2) The small business size standard is $33.5 Million. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies. (2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes: [ ] (i) Paragraph (d) applies. [ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation. (c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated: (i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless— (A) The acquisition is to be made under the simplified acquisition procedures in Part 13; (B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or (C) The solicitation is for utility services for which rates are set by law or regulation. (ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000. (iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management. (iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that— (A) Are not set aside for small business concerns; (B) Exceed the simplified acquisition threshold; and (C) Are for contracts that will be performed in the United States or its outlying areas. (v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010, or 2012. (vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold. (vii) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government. (viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government. (ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas. (A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard. (B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard. (x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas. (xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity. (xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity. (xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items. (xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items. (xvi) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1. (xvii) 52.225-4, Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3. (A) If the acquisition value is less than $25,000, the basic provision applies. (B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies. (C) If the acquisition value is $50,000 or more but is less than $79,507, the provision with its Alternate II applies. (D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies. (xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5. (xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations. (xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. This provision applies to all solicitations. (xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to— (A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and (B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns. (2) The following certifications are applicable as indicated by the Contracting Officer: [](i) 52.219-22, Small Disadvantaged Business Status. [](A) Basic. [](B) Alternate I. [](ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products. [](iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification. [](iv) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services—Certification. [](v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only). [](vi) 52.227-6, Royalty Information. [](A) Basic. [](B) Alternate I. [](vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software. (d) The offeror has completed the annual representations and certifications electronically via the SAM Web site accessed through . After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.FAR Clause #TitleDateChange Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.(End of Provision)3.2 52.209-5 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION)(MAR 2012) (a) In accordance with Division H, sections 8124 and 8125 of P.L. 112-74 and sections 738 and 739 of P.L. 112-55 none of the funds made available by either Act may be used to enter into a contract with any corporation that— (1) Has an unpaid federal tax liability, unless the agency has considered suspension or debarment of the corporation and the Suspension and Debarment Official has made a determination that this action is not necessary to protect the interests of the Government. (2) Has a felony criminal violation under any Federal or State law within the preceding 24 months, unless the agency has considered suspension or debarment of the corporation and Suspension and Debarment Official has made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that— (1) The offeror does [ ] does not [ ] have any unpaid Federal tax liability that has been assessed and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (2) The offeror, its officers or agents acting on its behalf have [ ] have not [ ] been convicted of a felony criminal violation under a Federal or State law within the preceding 24 months.(End of Provision)3.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) (a) Definitions. As used in this provision— "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. "Federal contracts and grants with total value greater than $10,000,000" means— (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). "Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in— (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via (see 52.204-7).(End of Provision)3.4 52.225-20 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OPERATIONS IN SUDAN—CERTIFICATION (AUG 2009) (a) Definitions. As used in this provision— "Business operations" means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce. "Marginalized populations of Sudan" means— (1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and (2) Marginalized areas in Northern Sudan described in section 4(9) of such Act. "Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate— (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. (b) Certification. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan.(End of Provision)FAR NumberTitleDate52.225-25PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN—REPRESENTATION AND CERTIFICATIONSDEC 2012GENERAL CONDITIONS4.1 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) (a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management database via . (b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments— (1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by— (i) Government personnel and authorized users performing business on behalf of the Government; or (ii) The Contractor, when viewing data on itself; and (2) The publicly-available segment, to which all data in the non-public segment of FAPIS is automatically transferred after a waiting period of 14 calendar days, except for— (i) Past performance reviews required by subpart 42.15; (ii) Information that was entered prior to April 15, 2011; or (iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause. (c) The Contractor will receive notification when the Government posts new information to the Contractor's record. (1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the nonpublic segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS. (2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them. (3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. (d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.(End of Clause)4.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ALTERNATE I (APR 1984) The Contractor shall be required to (a) commence work under this contract within 15 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 545 calendar days after issuance of the Notice to Proceed. The time stated for completion shall include final cleanup of the premises. The completion date is based on the assumption that the successful offeror will receive the notice to proceed by TBD. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.(End of Clause)4.3 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) (a) Definitions. As used in this clause— Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority. Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity. (b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following: (1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract. (2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract. (3) For long-term contracts— (i) Within 60 to 120 days prior to the end of the fifth year of the contract; and (ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter. (c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at . (d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees. (e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update. (f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause. (g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed: The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 236220 assigned to contract number TBD.[Contractor to sign and date and insert authorized signer's name and title].(End of Clause)4.4 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) (a) During the term of this contract, the Contractor shall post an employee notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR 471.2(d) and (f). (1) Physical posting of the employee notice shall be in conspicuous places in and about the Contractor's plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract. (2) If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the required notice electronically by displaying prominently, on any Web site that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor's Web site that contains the full text of the poster. The link to the Department's Web site, as referenced in (b)(3) of this section, must read, "Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers." (b) This required employee notice, printed by the Department of Labor, may be— (1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor-Management Standards or Office of Federal Contract Compliance Programs; (2) Provided by the Federal contracting agency if requested; (3) Downloaded from the Office of Labor-Management Standards Web site at ; or (4) Reproduced and used as exact duplicate copies of the Department of Labor's official poster. (c) The required text of the employee notice referred to in this clause is located at Appendix A, Subpart A, 29 CFR Part 471. (d) The Contractor shall comply with all provisions of the employee notice and related rules, regulations, and orders of the Secretary of Labor. (e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause, this contract may be terminated or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with 29 CFR 471.14 and subpart 9.4. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471, which implements Executive Order 13496 or as otherwise provided by law. (f) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (f), in every subcontract that exceeds $10,000 and will be performed wholly or partially in the United States, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding upon each subcontractor. (2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability of Executive Order 13496 or this clause. (3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance. (4) However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.(End of Clause)4.5 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEP 2013) (a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless— (1) The product cannot be acquired— (i) Competitively within a time frame providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following: (i) Spacecraft system and launch support equipment. (ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions. (b) Information about this requirement and these products is available at . (c) In the performance of this contract, the Contractor shall— (1) Report to , with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and (2) Submit this report no later than— (i) October 31 of each year during contract performance; and (ii) At the end of contract performance.(End of Clause)4.6 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 Resident Engineer.(End of Clause)4.7 52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (SEP 2010) (a) Definitions. As used in this clause— "Commercially available off-the-shelf (COTS) item"— (1) Means any item of supply (including construction material) that is— (i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101); (ii) Sold in substantial quantities in the commercial marketplace; and (iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and (2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products. "Component" means any article, material, or supply incorporated directly into construction material. "Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material. "Cost of components" means— (1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material. "Domestic construction material" means— (1) An unmanufactured construction material mined or produced in the United States; (2) A construction material manufactured in the United States, if— (i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or (ii) The construction material is a COTS item. "Foreign construction material" means a construction material other than a domestic construction material. "United States" means the 50 States, the District of Columbia, and outlying areas. (b) Domestic preference. (1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause. (2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:None (3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that— (i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent; (ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or (iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality. (c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including— (A) A description of the foreign and domestic construction materials; (B) Unit of measure; (C) Quantity; (D) Price; (E) Time of delivery or availability; (F) Location of the construction project; (G) Name and address of the proposed supplier; and (H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause. (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause. (iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued). (iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination. (2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause. (3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act. (d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISONConstruction Material DescriptionUnit of MeasureQuantityPrice (Dollars)*Item 1:Foreign Construction MaterialDomestic Construction MaterialItem 2:Foreign Construction MaterialDomestic Construction Material[List name, address, telephone number, and contact for suppliers surveyed Attach copy of response; if oral, attach summary.][Include other applicable supporting information.][*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).](End of Clause)4.8 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984) The Contractor shall perform on the site, and with its own organization, work equivalent to at least percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.(End of Clause)4.9 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 FEESAPR 198452.203-6RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENTSEP 200652.203-7ANTI-KICKBACK PROCEDURESOCT 201052.203-8CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITYJAN 199752.203-10PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITYJAN 199752.203-12LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONSOCT 201052.203-13CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCTAPR 201052.203-17CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTSSEP 201352.204-4PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPERMAY 201152.204-9PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNELJAN 201152.204-10REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDSJUL 201352.204-12DATA UNIVERSAL NUMBERING SYSTEM NUMBER MAINTENANCEDEC 201252.209-6PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENTAUG 201352.210-1MARKET RESEARCHAPR 201152.211-6BRAND NAME OR EQUALAUG 199952.215-2AUDIT AND RECORDS—NEGOTIATIONOCT 201052.219-4NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNSJAN 201152.219-8UTILIZATION OF SMALL BUSINESS CONCERNSJUL 201352.219-25SMALL DISADVANTAGED BUSINESS PARTICIPATION PROGRAM—DISADVANTAGED STATUS AND REPORTINGJUL 201352.222-1NOTICE TO THE GOVERNMENT OF LABOR DISPUTESFEB 199752.222-3CONVICT LABORJUN 200352.222-4CONTRACT WORK HOURS AND SAFETY STANDARDS ACT—OVERTIME COMPENSATIONJUL 200552.222-6DAVIS-BACON ACTJUL 200552.222-7WITHHOLDING OF FUNDSFEB 198852.222-8PAYROLLS AND BASIC RECORDSJUN 201052.222-9APPRENTICES AND TRAINEESJUL 200552.222-10COMPLIANCE WITH COPELAND ACT REQUIREMENTSFEB 198852.222-11SUBCONTRACTS (LABOR STANDARDS)JUL 200552.222-12CONTRACT TERMINATION—DEBARMENTFEB 198852.222-13COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONSFEB 198852.222-14DISPUTES CONCERNING LABOR STANDARDSFEB 198852.222-15CERTIFICATION OF ELIGIBILITYFEB 198852.222-21PROHIBITION OF SEGREGATED FACILITIESFEB 199952.222-26EQUAL OPPORTUNITYMAR 200752.222-27AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTIONFEB 199952.222-35EQUAL OPPORTUNITY FOR VETERANSSEP 201052.222-36AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIESOCT 201052.222-37EMPLOYMENT REPORTS ON VETERANSSEP 201052.222-50COMBATING TRAFFICKING IN PERSONSFEB 200952.222-54EMPLOYMENT ELIGIBILITY VERIFICATIONAUG 201352.223-5POLLUTION 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 201152.225-13RESTRICTIONS ON CERTAIN FOREIGN PURCHASESJUN 200852.225-25PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN—REPRESENTATION AND CERTIFICATIONSDEC 201252.227-1AUTHORIZATION AND CONSENTDEC 200752.227-2NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENTDEC 200752.227-4PATENT INDEMNITY—CONSTRUCTION CONTRACTSDEC 200752.228-2ADDITIONAL BOND SECURITYOCT 199752.228-5INSURANCE—WORK ON A GOVERNMENT INSTALLATIONJAN 199752.228-11PLEDGES OF ASSETSJAN 201252.228-12PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDSOCT 199552.228-14IRREVOCABLE LETTER OF CREDITDEC 199952.228-15PERFORMANCE AND PAYMENT BONDS—CONSTRUCTIONOCT 201052.229-3FEDERAL, STATE, AND LOCAL TAXESFEB 201352.232-5PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTSSEP 200252.232-17INTERESTOCT 201052.232-23ASSIGNMENT OF CLAIMSJAN 198652.232-27PROMPT PAYMENT FOR CONSTRUCTION CONTRACTSJUL 201352.232-34PAYMENT BY ELECTRONIC FUNDS TRANSFER—OTHER THAN SYSTEM FOR AWARD MANAGEMENTJUL 201352.232-39UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONSJUN 201352.232-40PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORSDEC 201352.233-1DISPUTES ALTERNATE I (DEC 1991)JUL 200252.233-3PROTEST AFTER AWARDAUG 199652.233-4APPLICABLE LAW FOR BREACH OF CONTRACT CLAIMOCT 200452.236-2DIFFERING SITE CONDITIONSAPR 198452.236-3SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORKAPR 198452.236-5MATERIAL AND WORKMANSHIPAPR 198452.236-6SUPERINTENDENCE BY THE CONTRACTORAPR 198452.236-7PERMITS AND RESPONSIBILITIESNOV 199152.236-8OTHER CONTRACTSAPR 198452.236-9PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTSAPR 198452.236-10OPERATIONS AND STORAGE AREASAPR 198452.236-11USE AND POSSESSION PRIOR TO COMPLETIONAPR 198452.236-12CLEANING UPAPR 198452.236-13ACCIDENT PREVENTIONNOV 199152.236-15SCHEDULES FOR CONSTRUCTION CONTRACTSAPR 198452.236-17LAYOUT OF WORKAPR 198452.236-21SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION ALTERNATE I (APR 1984)FEB 199752.236-26PRECONSTRUCTION CONFERENCEFEB 199552.242-13BANKRUPTCYJUL 199552.242-14SUSPENSION OF WORKAPR 198452.243-4CHANGESJUN 200752.244-5COMPETITION IN SUBCONTRACTINGDEC 199652.244-6SUBCONTRACTS FOR COMMERCIAL ITEMSDEC 201352.246-12INSPECTION OF CONSTRUCTIONAUG 199652.246-21WARRANTY OF CONSTRUCTION ALTERNATE I (APR 1984)MAR 199452.248-3VALUE ENGINEERING--CONSTRUCTION ALTERNATE I (APR 1984)OCT 201052.249-2TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) ALTERNATE I (SEPT 1996)APR 201252.249-10DEFAULT (FIXED-PRICE CONSTRUCTION)APR 198452.253-1COMPUTER GENERATED FORMSJAN 19914.10 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)4.11 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)4.12 VAAR 852.211-73 BRAND NAME OR EQUAL (JAN 2008) (Note: as used in this clause, the term "brand name" includes identification of products by make and model.) (a) If items called for by this invitation for bids have been identified in the schedule by a "brand name or equal" description, such identification is intended to be descriptive, but not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. Bids offering "equal" products (including products of the brand name manufacturer other than the one described by brand name) will be considered for award if such products are clearly identified in the bids and are determined by the Government to meet fully the salient characteristics requirements listed in the invitation. (b) Unless the bidder clearly indicates in the bid that the bidder is offering an "equal" product, the bid shall be considered as offering a brand name product referenced in the invitation for bids. (c)(1) If the bidder proposes to furnish an "equal" product, the brand name, if any, of the product to be furnished shall be inserted in the space provided in the invitation for bids, or such product shall be otherwise clearly identified in the bid. The evaluation of bids and the determination as to equality of the product offered shall be the responsibility of the Government and will be based on information furnished by the bidder or identified in his/her bid as well as other information reasonably available to the purchasing activity. CAUTION TO BIDDERS. The purchasing activity is not responsible for locating or securing any information that is not identified in the bid and reasonably available to the purchasing activity. Accordingly, to insure that sufficient information is available, the bidder must furnish as a part of his/her bid all descriptive material (such as cuts, illustrations, drawings or other information) necessary for the purchasing activity to: (i) Determine whether the product offered meets the salient characteristics requirement of the Invitation for Bids, and (ii) Establish exactly what the bidder proposes to furnish and what the Government would be binding itself to purchase by making an award. The information furnished may include specific references to information previously furnished or to information otherwise available to the purchasing activity. (2) If the bidder proposes to modify a product so as to make it conform to the requirements of the Invitation for Bids, he/she shall: (i) Include in his/her bid a clear description of such proposed modifications, and (ii) Clearly mark any descriptive material to show the proposed modifications. (3) Modifications proposed after bid opening to make a product conform to a brand name product referenced in the Invitation for Bids will not be considered.(End of Clause)FAR NumberTitleDate852.215-70SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORSDEC 20094.13 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009) The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses or veteran-owned small businesses proposed as subcontractors in accordance with 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more service-disabled veteran-owned small businesses or veteran-owned small businesses for subcontract work of the same or similar value.(End of Clause)4.14 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (DEC 2009) (a) Definition. For the Department of Veterans Affairs, "Service-disabled veteran-owned small business concern": (1) Means a small business concern: (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans (or eligible surviving spouses); (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans (or eligible surviving spouses) or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; (iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document; and (iv) The business has been verified for ownership and control and is so listed in the Vendor Information Pages database, (). (2) "Service-disabled veteran" means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). (b) General. (1) Offers are solicited only from service-disabled veteran-owned small business concerns. Offers received from concerns that are not service-disabled veteran-owned small business concerns shall not be considered. (2) Any award resulting from this solicitation shall be made to a service-disabled veteran-owned small business concern. (c) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, in the case of a contract for: (1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other eligible service-disabled veteran-owned small business concerns; (2) Supplies (other than acquisition from a nonmanufacturer of the supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other eligible service-disabled veteran-owned small business concerns; (3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other eligible service-disabled veteran-owned small business concerns; or (4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other eligible service-disabled veteran-owned small business concerns. (d) A joint venture may be considered a service-disabled veteran owned small business concern if-- (1) At least one member of the joint venture is a service-disabled veteran-owned small business concern, and makes the following representations: That it is a service-disabled veteran-owned small business concern, and that it is a small business concern under the North American Industry Classification Systems (NAICS) code assigned to the procurement; (2) Each other concern is small under the size standard corresponding to the NAICS code assigned to the procurement; and (3) The joint venture meets the requirements of paragraph 7 of the explanation of Affiliates in 19.101 of the Federal Acquisition Regulation. (4) The joint venture meets the requirements of 13 CFR 125.15(b). (e) Any service-disabled veteran-owned small business concern (non-manufacturer) must meet the requirements in 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.(End of Clause)4.15 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)4.16 852.232-72 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)4.17 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)4.18 VAAR 852.236-72 PERFORMANCE OF WORK BY THE CONTRACTOR (JUL 2002) The clause entitled "Performance of Work by the Contractor" in FAR 52.236-1 is supplemented as follows: (a) Contract work accomplished on the site by laborers, mechanics, and foremen/forewomen on the contractor's payroll and under his/her direct supervision shall be included in establishing the percent of work to be performed by the contractor. Cost of material and equipment installed by such labor may be included. The work by the contractor's executive, supervisory and clerical forces shall be excluded in establishing compliance with the requirements of this clause. (b) The contractor shall submit, simultaneously with the schedule of costs required by the Payments Under Fixed-Price Construction Contracts clause of the contract, a statement designating the branch or branches of contract work to be performed with his/her forces. The approved schedule of costs will be used in determining the value of a branch or branches, or portions thereof, of the work for the purpose of this article. (c) If, during the progress of work hereunder, the contractor requests a change in the branch or branches of the work to be performed by his/her forces and the contracting officer determines it to be in the best interest of the Government, the contracting officer may, at his/her discretion, authorize a change in such branch or branches of said work. Nothing contained herein shall permit a reduction in the percentage of work to be performed by the contractor with his/her forces, it being expressly understood that this is a contract requirement without right or privilege of reduction. (d) In the event the contractor fails or refuses to meet the requirement of the FAR clause at 52.236-1, it is expressly agreed that the contract price will be reduced by 15 percent of the value of that portion of the percentage requirement that is accomplished by others. For the purpose of this clause, it is agreed that 15 percent is an acceptable estimate of the contractor's overhead and profit, or mark-up, on that portion of the work which the contractor fails or refuses to perform, with his/her own forces, in accordance with the FAR clause at 52.236-1.(End of Clause)4.19 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)4.20 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)4.21 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)4.22 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)4.23 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)4.24 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)4.25 VAAR 852.236-82 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS) (APR 1984) ALTERNATE I (JULY 2002) (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. (6)(i) The contractor shall at the time of contract award furnish the total cost of the guarantee period services in accordance with specification section(s) covering guarantee period services. The contractor shall submit, within 15 calendar days of receipt of the notice to proceed, a guarantee period performance program that shall include an itemized accounting of the number of work-hours required to perform the guarantee period service on each piece of equipment. The contractor shall also submit the established salary costs, including employee fringe benefits, and what the contractor reasonably expects to pay over the guarantee period, all of which will be subject to the contracting officer's approval. (ii) The cost of the guarantee period service shall be prorated on an annual basis and paid in equal monthly payments by VA during the period of guarantee. In the event the installer does not perform satisfactorily during this period, all payments may be withheld and the contracting officer shall inform the contractor of the unsatisfactory performance, allowing the contractor 10 days to correct deficiencies and comply with the contract. The guarantee period service is subject to those provisions as set forth in the Payments and Default clauses.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)4.26 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)ADDITIONAL REQUIREMENTS FOR BAR CHART SCHEDULE A. Original Schedule: The following information shall be furnished as minimum for each activity on the initial bar chart schedule. - Activity Description - Estimated Duration - Responsibility (Trade) and Manpower (Crew size) - Planned Start and Completion Dates - Activity Cost B. Updated Schedules and Updating Procedures (1) The contractor shall submit, at intervals of 30 calendar days, an updated bar chart schedule of the actual construction progress. The bar chart schedule shall show the activities or portions of activities started and/or completed during the reporting period and their updated monetary percentage value(s) as a basis for the contractor's monthly progress report (payment request). (2) The contractor shall adjust the activity bars on the bar chart schedule to reflect the actual progress and the remaining activity durations. The updated bar chart schedule shall show at a minimum the following: - Actual start and completion dates for activities started and/or completed during the reporting period. - VA issued changes to the original contract requirements that change the contractor's original sequence of work. - Contractor changes in work sequence, durations, responsibility, manpower, and activity costs. C. All contract changes durations proposed by the contractor shall be reviewed and approved by the Contracting Officer prior to insertion into the updated bar chart schedule. The updated bar chart schedule shall include all contract changes issued during the reporting period. (End of Clause)4.27 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)4.28 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)4.29 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)4.30 VAAR 852.236-88 CONTRACT CHANGES--SUPPLEMENT (JUL 2002) (a) Paragraphs (a)(1) through (a)(4) apply to proposed contract changes costing over $500,000. (1) When requested by the contracting officer, the contractor shall submit proposals for changes in work to the resident engineer. Proposals, to be submitted as expeditiously as possible but within 30 calendar days after receipt of request, shall be in legible form, original and two copies, with an itemized breakdown that will include material, quantities, unit prices, labor costs (separated into trades), construction equipment, etc. (Labor costs are to be identified with specific material placed or operation performed.) The contractor must obtain and furnish with a proposal an itemized breakdown as described above, signed by each subcontractor participating in the change regardless of tier. When certified cost or pricing data are required under FAR Subpart 15.403, the cost or pricing data shall be submitted in accordance with FAR 15.403-5. (2) When the necessity to proceed with a change does not allow sufficient time to negotiate a modification or because of failure to reach an agreement, the contracting officer may issue a change order instructing the contractor to proceed on the basis of a tentative price based on the best estimate available at the time, with the firm price to be determined later. Furthermore, when the change order is issued, the contractor shall submit a proposal, which includes the information required by paragraph (a)(1), for cost of changes in work within 30 calendar days. (3) The contracting officer will consider issuing a settlement by determination to the contract if the contractor's proposal required by paragraphs (a)(1) or (a)(2) of this clause is not received within 30 calendar days or if agreement has not been reached. (4) Bond premium adjustment, consequent upon changes ordered, will be made as elsewhere specified at the time of final settlement under the contract and will not be included in the individual change. (b) Paragraphs (b)(1) through (b)(11) apply to proposed contract changes costing $500,000 or less: (1) When requested by the contracting officer, the contractor shall submit proposals for changes in work to the resident engineer. Proposals, to be submitted as expeditiously as possible but within 30 calendar days after receipt of request, shall be in legible form, original and two copies, with an itemized breakdown that will include material, quantities, unit prices, labor costs (separated into trades), construction equipment, etc. (Labor costs are to be identified with specific material placed or operation performed.) The contractor must obtain and furnish with a proposal an itemized breakdown as described above, signed by each subcontractor participating in the change regardless of tier. When certified cost or pricing data or information other than cost or pricing data are required under FAR 15.403, the data shall be submitted in accordance with FAR 15.403-5. No itemized breakdown will be required for proposals amounting to less than $1,000. (2) When the necessity to proceed with a change does not allow sufficient time to negotiate a modification or because of failure to reach an agreement, the contracting officer may issue a change order instructing the contractor to proceed on the basis of a tentative price based on the best estimate available at the time, with the firm price to be determined later. Furthermore, when the change order is issued, the contractor shall submit within 30 calendar days, a proposal that includes the information required by paragraph (b)(1) for the cost of the changes in work. (3) The contracting officer will consider issuing a settlement by determination to the contract if the contractor's proposal required by paragraphs (b)(1) or (b)(2) of this clause is not received within 30 calendar days, or if agreement has not been reached. (4) Allowances not to exceed 10 percent each for overhead and profit for the party performing the work will be based on the value of labor, material, and use of construction equipment required to accomplish the change. As the value of the change increases, a declining scale will be used in negotiating the percentage of overhead and profit. Allowable percentages on changes will not exceed the following: 10 percent overhead and 10 percent profit on the first $20,000; 7-1/2 percent overhead and 7-1/2 percent profit on the next $30,000; 5 percent overhead and 5 percent profit on balance over $50,000. Profit shall be computed by multiplying the profit percentage by the sum of the direct costs and computed overhead costs. (5) The prime contractor's or upper-tier subcontractor's fee on work performed by lower-tier subcontractors will be based on the net increased cost to the prime contractor or upper-tier subcontractor, as applicable. Allowable fee on changes will not exceed the following: 10 percent fee on the first $20,000; 7-1/2 percent fee on the next $30,000; and 5 percent fee on balance over $50,000. (6) Not more than four percentages, none of which exceed the percentages shown above, will be allowed regardless of the number of tiers of subcontractors. (7) Where the contractor's or subcontractor's portion of a change involves credit items, such items must be deducted prior to adding overhead and profit for the party performing the work. The contractor's fee is limited to the net increase to contractor of subcontractors' portions cost computed in accordance herewith. (8) Where a change involves credit items only, a proper measure of the amount of downward adjustment in the contract price is the reasonable cost to the contractor if he/she had performed the deleted work. A reasonable allowance for overhead and profit are properly includable as part of the downward adjustment for a deductive change. The amount of such allowance is subject to negotiation. (9) Cost of Federal Old Age Benefit (Social Security) tax and of Worker's Compensation and Public Liability insurance appertaining to changes are allowable. While no percentage will be allowed thereon for overhead or profit, prime contractor's fee will be allowed on such items in subcontractors' proposals. (10) Overhead and contractor's fee percentages shall be considered to include insurance other than mentioned herein, field and office supervisors and assistants, security police, use of small tools, incidental job burdens, and general home office expenses and no separate allowance will be made therefore. Assistants to office supervisors include all clerical, stenographic and general office help. Incidental job burdens include, but are not necessarily limited to, office equipment and supplies, temporary toilets, telephone and conformance to OSHA requirements. Items such as, but not necessarily limited to, review and coordination, estimating and expediting relative to contract changes are associated with field and office supervision and are considered to be included in the contractor's overhead and/or fee percentage. (11) Bond premium adjustment, consequent upon changes ordered, will be made as elsewhere specified at the time of final settlement under the contract and will not be included in the individual change.(End of Clause)4.31 VAAR 852.236-89 BUY AMERICAN ACT (JAN 2008) (a) Reference is made to the clause entitled "Buy American Act--Construction Materials," FAR 52.225-9. (b) Notwithstanding a bidder's right to offer identifiable foreign construction material in its bid pursuant to FAR 52.225-9, VA does not anticipate accepting an offer that includes foreign construction material. (c) If a bidder chooses to submit a bid that includes foreign construction material, that bidder must provide a listing of the specific foreign construction material he/she intends to use and a price for said material. Bidders must include bid prices for comparable domestic construction material. If VA determines not to accept foreign construction material and no comparable domestic construction material is provided, the entire bid will be rejected. (d) Any foreign construction material proposed after award will be rejected unless the bidder proves to VA's satisfaction: (1) it was impossible to request the exemption prior to award, and (2) said domestic construction material is no longer available, or (3) where the price has escalated so dramatically after the contract has been awarded that it would be unconscionable to require performance at that price. The determinations required by (1), (2), and (3) of this paragraph shall be made in accordance with Subpart 825.2 and FAR 25.2. (e) By signing this bid, the bidder declares that all articles, materials and supplies for use on the project shall be domestic unless specifically set forth on the Bid Form or addendum thereto.(End of Clause)4.32 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)4.33 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)4.34 VAAR 852.246-75 WARRANTY FOR CONSTRUCTION--GUARANTEE PERIOD SERVICES (JAN 2008) The clause entitled "Warranty of Construction" in FAR 52.246-21 is supplemented as follows: Should the contractor fail to prosecute the work or fail to proceed promptly to provide guarantee period services after notification by the contracting officer, the Government may, subject to the default clause contained at FAR 52.249-10, Default (Fixed- Price Construction), and after allowing the contractor 10 days to correct and comply with the contract, terminate the right to proceed with the work (or the separable part of the work) that has been delayed or unsatisfactorily performed. In this event, the Government may take over the work and complete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The contractor and its sureties shall be liable for any damages to the Government resulting from the contractor's refusal or failure to complete the work within this specified time, whether or not the contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Government in completing the work.(End of Clause)4.35 IT CONTRACT SECURITY VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY 1. GENERAL Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security. 2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order. b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures. c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness. d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor. e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor's employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination. 3. VA INFORMATION CUSTODIAL LANGUAGE a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1). b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor's information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA's information is returned to the VA or destroyed in accordance with VA's sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements. c. Prior to termination or completion of this contract, contractor/ subcontractor must not destroy information received from VA, or gathered/ created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract. d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract. e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed. f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12. g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship. h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated. i. The contractor/subcontractor's firewall and Web services security controls, if applicable, shall meet or exceed VA's minimum requirements. VA Configuration Guidelines are available upon request. j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA's prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response. k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response. l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR. 4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT a. Information systems that are designed or developed for or on behalf of VA at non-VA facilities shall comply with all VA directives developed in accordance with FISMA, HIPAA, NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic PHI, outlined in 45 C.F.R. Part 164, Subpart C, information and system security categorization level designations in accordance with FIPS 199 and FIPS 200 with implementation of all baseline security controls commensurate with the FIPS 199 system security categorization (reference Appendix D of VA Handbook 6500, VA Information Security Program). During the development cycle a Privacy Impact Assessment (PIA) must be completed, provided to the COR, and approved by the VA Privacy Service in accordance with Directive 6507, VA Privacy Impact Assessment. b. The contractor/subcontractor shall certify to the COR that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core Configuration (FDCC), and the common security configuration guidelines provided by NIST or the VA. This includes Internet Explorer 7 configured to operate on Windows XP and Vista (in Protected Mode on Vista) and future versions, as required. c. The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the VA approved and FDCC configuration. Information technology staff must also use the Windows Installer Service for installation to the default "program files" directory and silently install and uninstall. d. Applications designed for normal end users shall run in the standard user context without elevated system administration privileges. e. The security controls must be designed, developed, approved by VA, and implemented in accordance with the provisions of VA security system development life cycle as outlined in NIST Special Publication 800-37, Guide for Applying the Risk Management Framework to Federal Information Systems, VA Handbook 6500, Information Security Program and VA Handbook 6500.5, Incorporating Security and Privacy in System Development Lifecycle. f. The contractor/subcontractor is required to design, develop, or operate a System of Records Notice (SOR) on individuals to accomplish an agency function subject to the Privacy Act of 1974, (as amended), Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Privacy Act may involve the imposition of criminal and civil penalties. g. The contractor/subcontractor agrees to: (1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies: (a) The Systems of Records (SOR); and (b) The design, development, or operation work that the contractor/ subcontractor is to perform; (1) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a SOR on individuals that is subject to the Privacy Act; and (2) Include this Privacy Act clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a SOR. h. In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a SOR on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a SOR on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a SOR on individuals to accomplish an agency function, the contractor/subcontractor is considered to be an employee of the agency. (1) "Operation of a System of Records" means performance of any of the activities associated with maintaining the SOR, including the collection, use, maintenance, and dissemination of records. (2) "Record" means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and contains the person's name, or identifying number, symbol, or any other identifying particular assigned to the individual, such as a fingerprint or voiceprint, or a photograph. (3) "System of Records" means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. i. The vendor shall ensure the security of all procured or developed systems and technologies, including their subcomponents (hereinafter referred to as "Systems"), throughout the life of this contract and any extension, warranty, or maintenance periods. This includes, but is not limited to workarounds, patches, hotfixes, upgrades, and any physical components (hereafter referred to as Security Fixes) which may be necessary to fix all security vulnerabilities published or known to the vendor anywhere in the Systems, including Operating Systems and firmware. The vendor shall ensure that Security Fixes shall not negatively impact the Systems. j. The vendor shall notify VA within 24 hours of the discovery or disclosure of successful exploits of the vulnerability which can compromise the security of the Systems (including the confidentiality or integrity of its data and operations, or the availability of the system). Such issues shall be remediated as quickly as is practical, but in no event longer than days. k. When the Security Fixes involve installing third party patches (such as Microsoft OS patches or Adobe Acrobat), the vendor will provide written notice to the VA that the patch has been validated as not affecting the Systems within 10 working days. When the vendor is responsible for operations or maintenance of the Systems, they shall apply the Security Fixes within days. l. All other vulnerabilities shall be remediated as specified in this paragraph in a timely manner based on risk, but within 60 days of discovery or disclosure. Exceptions to this paragraph (e.g. for the convenience of VA) shall only be granted with approval of the contracting officer and the VA Assistant Secretary for Office of Information and Technology. 5. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE a. For information systems that are hosted, operated, maintained, or used on behalf of VA at non-VA facilities, contractors/subcontractors are fully responsible and accountable for ensuring compliance with all HIPAA, Privacy Act, FISMA, NIST, FIPS, and VA security and privacy directives and handbooks. This includes conducting compliant risk assessments, routine vulnerablity scanning, system patching and change management procedures, and the completion of an acceptable contingency plan for each system. The contractor's security control procedures must be equivalent, to those procedures used to secure VA systems. A Privacy Impact Assessment (PIA) must also be provided to the COR and approved by VA Privacy Service prior to operational approval. All external Internet connections to VA's network involving VA information must be reviewed and approved by VA prior to implementation. b. Adequate security controls for collecting, processing, transmitting, and storing of Personally Identifiable Information (PII), as determined by the VA Privacy Service, must be in place, tested, and approved by VA prior to hosting, operation, maintenance, or use of the information system, or systems by or on behalf of VA. These security controls are to be assessed and stated within the PIA and if these controls are determined not to be in place, or inadequate, a Plan of Action and Milestones (POA&M) must be submitted and approved prior to the collection of PII. c. Outsourcing (contractor facility, contractor equipment or contractor staff) of systems or network operations, telecommunications services, or other managed services requires certification and accreditation (authorization) (C&A) of the contractor's systems in accordance with VA Handbook 6500.3, Certification and Accreditation and/or the VA OCS Certification Program Office. Government- owned (government facility or government equipment) contractor-operated systems, third party or business partner networks require memorandums of understanding and interconnection agreements (MOU-ISA) which detail what data types are shared, who has access, and the appropriate level of security controls for all systems connected to VA networks. d. The contractor/subcontractor's system must adhere to all FISMA, FIPS, and NIST standards related to the annual FISMA security controls assessment and review and update the PIA. Any deficiencies noted during this assessment must be provided to the VA contracting officer and the ISO for entry into VA's POA&M management process. The contractor/subcontractor must use VA's POA&M process to document planned remedial actions to address any deficiencies in information security policies, procedures, and practices, and the completion of those activities. Security deficiencies must be corrected within the timeframes approved by the government. Contractor/subcontractor procedures are subject to periodic, unannounced assessments by VA officials, including the VA Office of Inspector General. The physical security aspects associated with contractor/ subcontractor activities must also be subject to such assessments. If major changes to the system occur that may affect the privacy or security of the data or the system, the C&A of the system may need to be reviewed, retested and re- authorized per VA Handbook 6500.3. This may require reviewing and updating all of the documentation (PIA, System Security Plan, Contingency Plan). The Certification Program Office can provide guidance on whether a new C&A would be necessary. e. The contractor/subcontractor must conduct an annual self assessment on all systems and outsourced services as required. Both hard copy and electronic copies of the assessment must be provided to the COR. The government reserves the right to conduct such an assessment using government personnel or another contractor/subcontractor. The contractor/subcontractor must take appropriate and timely action (this can be specified in the contract) to correct or mitigate any weaknesses discovered during such testing, generally at no additional cost. f. VA prohibits the installation and use of personally-owned or contractor/ subcontractor-owned equipment or software on VA's network. If non-VA owned equipment must be used to fulfill the requirements of a contract, it must be stated in the service agreement, SOW or contract. All of the security controls required for government furnished equipment (GFE) must be utilized in approved other equipment (OE) and must be funded by the owner of the equipment. All remote systems must be equipped with, and use, a VA-approved antivirus (AV) software and a personal (host-based or enclave based) firewall that is configured with a VA-approved configuration. Software must be kept current, including all critical updates and patches. Owners of approved OE are responsible for providing and maintaining the anti-viral software and the firewall on the non-VA owned OE. g. All electronic storage media used on non-VA leased or non-VA owned IT equipment that is used to store, process, or access VA information must be handled in adherence with VA Handbook 6500.1, Electronic Media Sanitization upon: (i) completion or termination of the contract or (ii) disposal or return of the IT equipment by the contractor/subcontractor or any person acting on behalf of the contractor/subcontractor, whichever is earlier. Media (hard drives, optical disks, CDs, back-up tapes, etc.) used by the contractors/ subcontractors that contain VA information must be returned to the VA for sanitization or destruction or the contractor/subcontractor must self-certify that the media has been disposed of per 6500.1 requirements. This must be completed within 30 days of termination of the contract. h. Bio-Medical devices and other equipment or systems containing media (hard drives, optical disks, etc.) with VA sensitive information must not be returned to the vendor at the end of lease, for trade-in, or other purposes. The options are: (1) Vendor must accept the system without the drive; (2) VA's initial medical device purchase includes a spare drive which must be installed in place of the original drive at time of turn-in; or (3) VA must reimburse the company for media at a reasonable open market replacement cost at time of purchase. (4) Due to the highly specialized and sometimes proprietary hardware and software associated with medical equipment/systems, if it is not possible for the VA to retain the hard drive, then; (a) The equipment vendor must have an existing BAA if the device being traded in has sensitive information stored on it and hard drive(s) from the system are being returned physically intact; and (b) Any fixed hard drive on the device must be non-destructively sanitized to the greatest extent possible without negatively impacting system operation. Selective clearing down to patient data folder level is recommended using VA approved and validated overwriting technologies/methods/tools. Applicable media sanitization specifications need to be pre-approved and described in the purchase order or contract. (c) A statement needs to be signed by the Director (System Owner) that states that the drive could not be removed and that (a) and (b) controls above are in place and completed. The ISO needs to maintain the documentation. 6. SECURITY INCIDENT INVESTIGATION a. The term "security incident" means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/ subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/ subcontractor has access. b. To the extent known by the contractor/subcontractor, the contractor/ subcontractor's notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant. c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement. d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident. 7. LIQUIDATED DAMAGES FOR DATA BREACH a. Consistent with the requirements of 38 U.S.C. 5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract. b. The contractor/subcontractor shall provide notice to VA of a "security incident" as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination. c. Each risk analysis shall address all relevant information concerning the data breach, including the following: (1) Nature of the event (loss, theft, unauthorized access); (2) Description of the event, including: (a) date of occurrence; (b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code; (3) Number of individuals affected or potentially affected; (4) Names of individuals or groups affected or potentially affected; (5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text; (6) Amount of time the data has been out of VA control; (7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons); (8) Known misuses of data containing sensitive personal information, if any; (9) Assessment of the potential harm to the affected individuals; (10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and (11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised. d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following: (1) Notification; (2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports; (3) Data breach analysis; (4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution; (5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and (6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs. 8. SECURITY CONTROLS COMPLIANCE TESTING On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-day's notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time. 9. TRAINING a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems: (1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems; (2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training; (3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and (4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document - e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.] b. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required. c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.(End of Clause)General Decision Number: GA140165 01/17/2014 GA165Superseded General Decision Number: GA20130165State: GeorgiaConstruction Type: BuildingCounty: Richmond County in Georgia.Modification Number Publication Date 0 01/03/2014 1 01/17/2014BOIL0026-001 01/01/2013Rates FringesBOILERMAKER......................$ 24.91 19.69----------------------------------------------------------------* ELEV0032-001 01/01/2014Rates FringesELEVATOR MECHANIC................$ 36.96 26.785+a+bPAID HOLIDAYS:a. New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the Friday after Thanksgiving, and Christmas Day.b. Employer contributes 8% of regular hourly rate to vacation pay credit for employee who has worked in business more than 5 years; 6% for less than 5 years' service.---------------------------------------------------------------- ENGI0474-003 07/01/2013Rates FringesPOWER EQUIPMENT OPERATOR: Backhoe/Excavator, Bobcat/Skid Steer/Skid Loader, Bulldozer, Forklift (under 15 tons), and Loader..................$ 22.72 12.30 Crane (over 10 tons) and Forklift (15 tons and over).$ 24.55 12.30 Crane (over 120 tons).......$ 25.55 12.30 Crane (over 250 tons).......$ 26.55 12.30 Oiler.......................$ 20.38 12.30---------------------------------------------------------------- PLUM0150-006 10/01/2012Rates FringesPLUMBER/PIPEFITTER...............$ 22.94 12.71---------------------------------------------------------------- SHEE0085-013 08/01/2012Rates FringesSHEET METAL WORKER (HVAC Duct Installation Only)...............$ 28.34 11.55---------------------------------------------------------------- SUGA2012-072 08/11/2012Rates FringesBRICKLAYER.......................$ 16.00 0.00 CARPENTER, Includes Drywall Hanging and Metal Stud Installaton......................$ 15.29 0.00 CEMENT MASON/CONCRETE FINISHER...$ 16.58 0.00 DRYWALL FINISHER/TAPER...........$ 17.00 0.00 ELECTRICIAN......................$ 19.72 3.79 HVAC MECHANIC (Installation of HVAC Unit Only, Excludes Installation of HVAC Pipe and Duct)............................$ 18.00 3.89 IRONWORKER, REINFORCING..........$ 17.94 0.00 IRONWORKER, STRUCTURAL...........$ 20.00 0.35 LABORER: Common or General......$ 10.18 0.32 LABORER: Mason Tender - Brick...$ 9.00 0.00 LABORER: Pipelayer..............$ 12.00 0.23 OPERATOR: Grader/Blade..........$ 17.52 0.00 PAINTER: Brush, Roller and Spray............................$ 16.00 1.62 ROOFER, Excludes Installation of Metal Roofs...................$ 10.27 0.00 SHEET METAL WORKER (Metal Roofs Installation)..............$ 22.40 0.00 SHEET METAL WORKER, Excludes HVAC Duct and Metal Roof Installation.....................$ 22.40 0.00 TILE FINISHER....................$ 10.31 0.00 TILE SETTER......................$ 19.50 0.00 TRUCK DRIVER: Dump Truck........$ 12.70 0.00 TRUCK DRIVER: Lowboy Truck......$ 17.41 0.00----------------------------------------------------------------WELDERS - Receive rate prescribed for craft performingoperation to which welding is incidental.================================================================ Unlisted classifications needed for work not included withinthe scope of the classifications listed may be added afteraward only as provided in the labor standards contract clauses(29CFR 5.5 (a) (1) (ii)).---------------------------------------------------------------- The body of each wage determination lists the classificationand wage rates that have been found to be prevailing for thecited type(s) of construction in the area covered by the wagedetermination. The classifications are listed in alphabeticalorder of "identifiers" that indicate whether the particularrate is union or non-union.Union IdentifiersAn identifier enclosed in dotted lines beginning withcharacters other than "SU" denotes that the unionclassification and rate have found to be prevailing for thatclassification. Example: PLUM0198-005 07/01/2011. The firstfour letters , PLUM, indicate the international union and thefour-digit number, 0198, that follows indicates the local unionnumber or district council number where applicable , i.e.,Plumbers Local 0198. The next number, 005 in the example, isan internal number used in processing the wage determination.The date, 07/01/2011, following these characters is theeffective date of the most current negotiated rate/collectivebargaining agreement which would be July 1, 2011 in the aboveexample.Union prevailing wage rates will be updated to reflect anychanges in the collective bargaining agreements governing therates.0000/9999: weighted union wage rates will be published annuallyeach January.Non-Union IdentifiersClassifications listed under an "SU" identifier were derivedfrom survey data by computing average rates and are not unionrates; however, the data used in computing these rates mayinclude both union and non-union data. Example: SULA2004-0075/13/2010. SU indicates the rates are not union majority rates,LA indicates the State of Louisiana; 2004 is the year of thesurvey; and 007 is an internal number used in producing thewage determination. A 1993 or later date, 5/13/2010, indicatesthe classifications and rates under that identifier were issuedas a General Wage Determination on that date.Survey wage rates will remain in effect and will not changeuntil a new survey is conducted. ----------------------------------------------------------------WAGE DETERMINATION APPEALS PROCESS1.) Has there been an initial decision in the matter? This canbe:* an existing published wage determination* a survey underlying a wage determination* a Wage and Hour Division letter setting forth a position on a wage determination matter* a conformance (additional classification and rate) rulingOn survey related matters, initial contact, including requestsfor summaries of surveys, should be with the Wage and HourRegional Office for the area in which the survey was conductedbecause those Regional Offices have responsibility for theDavis-Bacon survey program. If the response from this initialcontact is not satisfactory, then the process described in 2.)and 3.) should be followed.With regard to any other matter not yet ripe for the formalprocess described here, initial contact should be with theBranch of Construction Wage Determinations. Write to:Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 202102.) If the answer to the question in 1.) is yes, then aninterested party (those affected by the action) can requestreview and reconsideration from the Wage and Hour Administrator(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210The request should be accompanied by a full statement of theinterested party's position and by any information (wagepayment data, project description, area practice material,etc.) that the requestor considers relevant to the issue.3.) If the decision of the Administrator is not favorable, aninterested party may appeal directly to the AdministrativeReview Board (formerly the Wage Appeals Board). Write to:Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 202104.) All decisions by the Administrative Review Board are final.================================================================END OF GENERAL DECISION?Inserted from < 05-2135 (Rev.-14) was first posted on on 06/25/2013************************************************************************************REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATIONBy direction of the Secretary of Labor | WAGE AND HOUR DIVISION | WASHINGTON D.C. 20210 | | | | Wage Determination No.: 2005-2135Diane C. Koplewski Division of | Revision No.: 14Director Wage Determinations| Date Of Revision: 06/19/2013_______________________________________|____________________________________________States: Georgia, South CarolinaArea: Georgia Counties of Burke, Columbia, Elbert, Emanuel, Glascock, Hart,Jefferson, Jenkins, Lincoln, McDuffie, Richmond, Taliaferro, Warren, WilkesSouth Carolina Counties of Aiken, Allendale, Bamberg, Barnwell, Edgefield,McCormick____________________________________________________________________________________ **Fringe Benefits Required Follow the Occupational Listing**OCCUPATION CODE - TITLE FOOTNOTE RATE01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 14.16 01012 - Accounting Clerk II 15.89 01013 - Accounting Clerk III 17.78 01020 - Administrative Assistant 21.25 01040 - Court Reporter 17.11 01051 - Data Entry Operator I 12.03 01052 - Data Entry Operator II 13.13 01060 - Dispatcher, Motor Vehicle 16.85 01070 - Document Preparation Clerk 12.73 01090 - Duplicating Machine Operator 12.73 01111 - General Clerk I 13.39 01112 - General Clerk II 14.49 01113 - General Clerk III 16.21 01120 - Housing Referral Assistant 19.59 01141 - Messenger Courier 10.15 01191 - Order Clerk I 11.74 01192 - Order Clerk II 14.18 01261 - Personnel Assistant (Employment) I 14.83 01262 - Personnel Assistant (Employment) II 16.72 01263 - Personnel Assistant (Employment) III 18.93 01270 - Production Control Clerk 24.21 01280 - Receptionist 11.77 01290 - Rental Clerk 14.10 01300 - Scheduler, Maintenance 15.33 01311 - Secretary I 15.21 01312 - Secretary II 17.11 01313 - Secretary III 19.44 01320 - Service Order Dispatcher 13.82 01410 - Supply Technician 21.25 01420 - Survey Worker 15.35 01531 - Travel Clerk I 11.93 01532 - Travel Clerk II 13.17 01533 - Travel Clerk III 14.20 01611 - Word Processor I 13.01 01612 - Word Processor II 14.79 01613 - Word Processor III 17.1705000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 18.42 05010 - Automotive Electrician 18.01 05040 - Automotive Glass Installer 16.38 05070 - Automotive Worker 17.03 05110 - Mobile Equipment Servicer 14.26 05130 - Motor Equipment Metal Mechanic 19.16 05160 - Motor Equipment Metal Worker 17.03 05190 - Motor Vehicle Mechanic 18.42 05220 - Motor Vehicle Mechanic Helper 13.98 05250 - Motor Vehicle Upholstery Worker 15.90 05280 - Motor Vehicle Wrecker 17.03 05310 - Painter, Automotive 17.32 05340 - Radiator Repair Specialist 17.03 05370 - Tire Repairer 11.29 05400 - Transmission Repair Specialist 19.1607000 - Food Preparation And Service Occupations 07010 - Baker 12.13 07041 - Cook I 10.30 07042 - Cook II 11.88 07070 - Dishwasher 7.25 07130 - Food Service Worker 8.54 07210 - Meat Cutter 14.10 07260 - Waiter/Waitress 9.0409000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 17.84 09040 - Furniture Handler 12.10 09080 - Furniture Refinisher 17.84 09090 - Furniture Refinisher Helper 13.88 09110 - Furniture Repairer, Minor 15.74 09130 - Upholsterer 16.9111000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 9.04 11060 - Elevator Operator 9.04 11090 - Gardener 12.13 11122 - Housekeeping Aide 9.13 11150 - Janitor 9.13 11210 - Laborer, Grounds Maintenance 9.57 11240 - Maid or Houseman 7.56 11260 - Pruner 8.56 11270 - Tractor Operator 11.45 11330 - Trail Maintenance Worker 9.57 11360 - Window Cleaner 10.2112000 - Health Occupations 12010 - Ambulance Driver 14.46 12011 - Breath Alcohol Technician 14.74 12012 - Certified Occupational Therapist Assistant 19.56 12015 - Certified Physical Therapist Assistant 22.65 12020 - Dental Assistant 13.79 12025 - Dental Hygienist 26.58 12030 - EKG Technician 23.63 12035 - Electroneurodiagnostic Technologist 23.63 12040 - Emergency Medical Technician 14.46 12071 - Licensed Practical Nurse I 13.26 12072 - Licensed Practical Nurse II 14.83 12073 - Licensed Practical Nurse III 16.54 12100 - Medical Assistant 13.07 12130 - Medical Laboratory Technician 16.47 12160 - Medical Record Clerk 14.11 12190 - Medical Record Technician 15.78 12195 - Medical Transcriptionist 14.72 12210 - Nuclear Medicine Technologist 34.15 12221 - Nursing Assistant I 8.68 12222 - Nursing Assistant II 9.55 12223 - Nursing Assistant III 10.65 12224 - Nursing Assistant IV 11.95 12235 - Optical Dispenser 14.73 12236 - Optical Technician 11.22 12250 - Pharmacy Technician 14.38 12280 - Phlebotomist 11.96 12305 - Radiologic Technologist 22.55 12311 - Registered Nurse I 25.86 12312 - Registered Nurse II 29.44 12313 - Registered Nurse II, Specialist 29.44 12314 - Registered Nurse III 35.62 12315 - Registered Nurse III, Anesthetist 35.62 12316 - Registered Nurse IV 42.69 12317 - Scheduler (Drug and Alcohol Testing) 19.0113000 - Information And Arts Occupations 13011 - Exhibits Specialist I 19.51 13012 - Exhibits Specialist II 24.18 13013 - Exhibits Specialist III 29.58 13041 - Illustrator I 19.03 13042 - Illustrator II 23.59 13043 - Illustrator III 28.85 13047 - Librarian 26.77 13050 - Library Aide/Clerk 10.10 13054 - Library Information Technology Systems 24.18 Administrator 13058 - Library Technician 14.82 13061 - Media Specialist I 17.44 13062 - Media Specialist II 19.51 13063 - Media Specialist III 21.76 13071 - Photographer I 14.94 13072 - Photographer II 16.73 13073 - Photographer III 20.74 13074 - Photographer IV 25.38 13075 - Photographer V 30.61 13110 - Video Teleconference Technician 18.8414000 - Information Technology Occupations 14041 - Computer Operator I 13.41 14042 - Computer Operator II 16.20 14043 - Computer Operator III 19.95 14044 - Computer Operator IV 20.79 14045 - Computer Operator V 24.54 14071 - Computer Programmer I (see 1) 24.88 14072 - Computer Programmer II (see 1) 27.62 14073 - Computer Programmer III (see 1) 14074 - Computer Programmer IV (see 1) 14101 - Computer Systems Analyst I (see 1) 14102 - Computer Systems Analyst II (see 1) 14103 - Computer Systems Analyst III (see 1) 14150 - Peripheral Equipment Operator 13.41 14160 - Personal Computer Support Technician 20.7915000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 29.76 15020 - Aircrew Training Devices Instructor (Rated) 36.00 15030 - Air Crew Training Devices Instructor (Pilot) 43.15 15050 - Computer Based Training Specialist / Instructor 29.76 15060 - Educational Technologist 28.58 15070 - Flight Instructor (Pilot) 43.15 15080 - Graphic Artist 22.19 15090 - Technical Instructor 22.12 15095 - Technical Instructor/Course Developer 27.38 15110 - Test Proctor 18.04 15120 - Tutor 17.9316000 - Laundry, Dry-Cleaning, Pressing And Related Occupations 16010 - Assembler 8.52 16030 - Counter Attendant 8.52 16040 - Dry Cleaner 10.29 16070 - Finisher, Flatwork, Machine 8.52 16090 - Presser, Hand 8.52 16110 - Presser, Machine, Drycleaning 8.52 16130 - Presser, Machine, Shirts 8.52 16160 - Presser, Machine, Wearing Apparel, Laundry 8.52 16190 - Sewing Machine Operator 10.87 16220 - Tailor 11.48 16250 - Washer, Machine 9.1119000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 19.03 19040 - Tool And Die Maker 20.9421000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 17.58 21030 - Material Coordinator 24.15 21040 - Material Expediter 24.15 21050 - Material Handling Laborer 10.77 21071 - Order Filler 11.54 21080 - Production Line Worker (Food Processing) 17.58 21110 - Shipping Packer 13.22 21130 - Shipping/Receiving Clerk 13.22 21140 - Store Worker I 10.39 21150 - Stock Clerk 14.56 21210 - Tools And Parts Attendant 17.58 21410 - Warehouse Specialist 17.5823000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 21.41 23021 - Aircraft Mechanic I 20.27 23022 - Aircraft Mechanic II 21.41 23023 - Aircraft Mechanic III 22.54 23040 - Aircraft Mechanic Helper 14.65 23050 - Aircraft, Painter 19.05 23060 - Aircraft Servicer 16.89 23080 - Aircraft Worker 17.72 23110 - Appliance Mechanic 16.91 23120 - Bicycle Repairer 11.29 23125 - Cable Splicer 24.80 23130 - Carpenter, Maintenance 17.68 23140 - Carpet Layer 15.52 23160 - Electrician, Maintenance 19.61 23181 - Electronics Technician Maintenance I 17.56 23182 - Electronics Technician Maintenance II 20.93 23183 - Electronics Technician Maintenance III 22.27 23260 - Fabric Worker 14.91 23290 - Fire Alarm System Mechanic 18.00 23310 - Fire Extinguisher Repairer 13.81 23311 - Fuel Distribution System Mechanic 18.33 23312 - Fuel Distribution System Operator 14.29 23370 - General Maintenance Worker 19.25 23380 - Ground Support Equipment Mechanic 20.27 23381 - Ground Support Equipment Servicer 16.89 23382 - Ground Support Equipment Worker 17.72 23391 - Gunsmith I 13.81 23392 - Gunsmith II 15.93 23393 - Gunsmith III 18.63 23410 - Heating, Ventilation And Air-Conditioning 18.00 Mechanic 23411 - Heating, Ventilation And Air Contditioning 19.07 Mechanic (Research Facility) 23430 - Heavy Equipment Mechanic 20.78 23440 - Heavy Equipment Operator 17.76 23460 - Instrument Mechanic 21.80 23465 - Laboratory/Shelter Mechanic 17.49 23470 - Laborer 10.77 23510 - Locksmith 16.91 23530 - Machinery Maintenance Mechanic 22.52 23550 - Machinist, Maintenance 18.94 23580 - Maintenance Trades Helper 15.16 23591 - Metrology Technician I 21.80 23592 - Metrology Technician II 23.08 23593 - Metrology Technician III 24.31 23640 - Millwright 20.16 23710 - Office Appliance Repairer 17.81 23760 - Painter, Maintenance 16.37 23790 - Pipefitter, Maintenance 18.23 23810 - Plumber, Maintenance 17.24 23820 - Pneudraulic Systems Mechanic 18.00 23850 - Rigger 18.00 23870 - Scale Mechanic 15.93 23890 - Sheet-Metal Worker, Maintenance 17.53 23910 - Small Engine Mechanic 15.52 23931 - Telecommunications Mechanic I 23.54 23932 - Telecommunications Mechanic II 24.96 23950 - Telephone Lineman 17.41 23960 - Welder, Combination, Maintenance 18.00 23965 - Well Driller 18.00 23970 - Woodcraft Worker 18.00 23980 - Woodworker 15.2024000 - Personal Needs Occupations 24570 - Child Care Attendant 11.00 24580 - Child Care Center Clerk 14.04 24610 - Chore Aide 9.42 24620 - Family Readiness And Support Services 12.93 Coordinator 24630 - Homemaker 15.3225000 - Plant And System Operations Occupations 25010 - Boiler Tender 25.58 25040 - Sewage Plant Operator 18.55 25070 - Stationary Engineer 23.58 25190 - Ventilation Equipment Tender 16.66 25210 - Water Treatment Plant Operator 18.5527000 - Protective Service Occupations 27004 - Alarm Monitor 13.45 27007 - Baggage Inspector 13.19 27008 - Corrections Officer 15.55 27010 - Court Security Officer 16.71 27030 - Detection Dog Handler 14.75 27040 - Detention Officer 15.55 27070 - Firefighter 17.27 27101 - Guard I 13.19 27102 - Guard II 14.75 27131 - Police Officer I 17.14 27132 - Police Officer II 18.9828000 - Recreation Occupations 28041 - Carnival Equipment Operator 11.16 28042 - Carnival Equipment Repairer 11.99 28043 - Carnival Equpment Worker 8.57 28210 - Gate Attendant/Gate Tender 14.30 28310 - Lifeguard 11.34 28350 - Park Attendant (Aide) 16.00 28510 - Recreation Aide/Health Facility Attendant 11.68 28515 - Recreation Specialist 17.62 28630 - Sports Official 12.75 28690 - Swimming Pool Operator 17.6229000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 22.18 29020 - Hatch Tender 22.18 29030 - Line Handler 22.18 29041 - Stevedore I 21.49 29042 - Stevedore II 24.3730000 - Technical Occupations 30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 35.77 30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 24.66 30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 27.16 30021 - Archeological Technician I 20.28 30022 - Archeological Technician II 22.69 30023 - Archeological Technician III 28.11 30030 - Cartographic Technician 27.87 30040 - Civil Engineering Technician 24.43 30061 - Drafter/CAD Operator I 20.28 30062 - Drafter/CAD Operator II 22.69 30063 - Drafter/CAD Operator III 25.28 30064 - Drafter/CAD Operator IV 29.85 30081 - Engineering Technician I 17.77 30082 - Engineering Technician II 20.10 30083 - Engineering Technician III 22.53 30084 - Engineering Technician IV 27.93 30085 - Engineering Technician V 32.62 30086 - Engineering Technician VI 37.46 30090 - Environmental Technician 27.76 30210 - Laboratory Technician 23.96 30240 - Mathematical Technician 27.76 30361 - Paralegal/Legal Assistant I 15.07 30362 - Paralegal/Legal Assistant II 21.76 30363 - Paralegal/Legal Assistant III 26.62 30364 - Paralegal/Legal Assistant IV 32.19 30390 - Photo-Optics Technician 27.76 30461 - Technical Writer I 25.63 30462 - Technical Writer II 31.34 30463 - Technical Writer III 37.91 30491 - Unexploded Ordnance (UXO) Technician I 22.74 30492 - Unexploded Ordnance (UXO) Technician II 27.51 30493 - Unexploded Ordnance (UXO) Technician III 32.97 30494 - Unexploded (UXO) Safety Escort 22.74 30495 - Unexploded (UXO) Sweep Personnel 22.74 30620 - Weather Observer, Combined Upper Air Or (see 2) 23.71 Surface Programs 30621 - Weather Observer, Senior (see 2) 26.0031000 - Transportation/Mobile Equipment Operation Occupations 31020 - Bus Aide 10.40 31030 - Bus Driver 13.64 31043 - Driver Courier 13.74 31260 - Parking and Lot Attendant 9.90 31290 - Shuttle Bus Driver 14.10 31310 - Taxi Driver 10.19 31361 - Truckdriver, Light 14.10 31362 - Truckdriver, Medium 15.22 31363 - Truckdriver, Heavy 16.28 31364 - Truckdriver, Tractor-Trailer 16.2899000 - Miscellaneous Occupations 99030 - Cashier 8.05 99050 - Desk Clerk 10.00 99095 - Embalmer 21.73 99251 - Laboratory Animal Caretaker I 9.28 99252 - Laboratory Animal Caretaker II 10.08 99310 - Mortician 26.29 99410 - Pest Controller 13.56 99510 - Photofinishing Worker 12.34 99710 - Recycling Laborer 13.96 99711 - Recycling Specialist 16.94 99730 - Refuse Collector 11.96 99810 - Sales Clerk 10.45 99820 - School Crossing Guard 11.07 99830 - Survey Party Chief 20.77 99831 - Surveying Aide 13.52 99832 - Surveying Technician 18.47 99840 - Vending Machine Attendant 14.31 99841 - Vending Machine Repairer 17.62 99842 - Vending Machine Repairer Helper 14.31____________________________________________________________________________________ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:HEALTH & WELFARE: $3.81 per hour or $152.40 per week or $660.40 per monthVACATION: 2 weeks paid vacation after 1 year of service with a contractor orsuccessor; 3 weeks after 8 years, and 4 weeks after 15 years. Length of serviceincludes the whole span of continuous service with the present contractor orsuccessor, wherever employed, and with the predecessor contractors in theperformance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)HOLIDAYS: A minimum of eleven paid holidays per year: New Year's Day, MartinLuther King Jr's Birthday, Washington's Birthday, Good Friday, Memorial Day,Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, andChristmas Day. A contractor may substitute for any of the named holidays anotherday off with pay in accordance with a plan communicated to the employees involved.)(See 29 CFR 4.174)THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING:1) COMPUTER EMPLOYEES: Under the SCA at section 8(b), this wage determination doesnot apply to any employee who individually qualifies as a bona fide executive,administrative, or professional employee as defined in 29 C.F.R. Part 541. Becausemost Computer System Analysts and Computer Programmers who are compensated at a ratenot less than $27.63 (or on a salary or fee basis at a rate not less than $455 perweek) an hour would likely qualify as exempt computer professionals, (29 C.F.R. 541.400) wage rates may not be listed on this wage determination for all occupationswithin those job families. In addition, because this wage determination may notlist a wage rate for some or all occupations within those job families if the surveydata indicates that the prevailing wage rate for the occupation equals or exceeds$27.63 per hour conformances may be necessary for certain nonexempt employees. Forexample, if an individual employee is nonexempt but nevertheless performs dutieswithin the scope of one of the Computer Systems Analyst or Computer Programmeroccupations for which this wage determination does not specify an SCA wage rate,then the wage rate for that employee must be conformed in accordance with theconformance procedures described in the conformance note included on this wagedetermination.Additionally, because job titles vary widely and change quickly in the computerindustry, job titles are not determinative of the application of the computerprofessional exemption. Therefore, the exemption applies only to computer employeeswho satisfy the compensation requirements and whose primary duty consists of: (1) The application of systems analysis techniques and procedures, includingconsulting with users, to determine hardware, software or system functionalspecifications; (2) The design, development, documentation, analysis, creation, testing ormodification of computer systems or programs, including prototypes, based on andrelated to user or system design specifications; (3) The design, documentation, testing, creation or modification of computerprograms related to machine operating systems; or (4) A combination of the aforementioned duties, the performance of whichrequires the same level of skills. (29 C.F.R. 541.400).2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If youwork at night as part of a regular tour of duty, you will earn a night differentialand receive an additional 10% of basic pay for any hours worked between 6pm and 6am. If you are a full-time employed (40 hours a week) and Sunday is part of yourregularly scheduled workweek, you are paid at your rate of basic pay plus a Sundaypremium of 25% of your basic rate for each hour of Sunday work which is not overtime(i.e. occasional work on Sunday outside the normal tour of duty is consideredovertime work).HAZARDOUS PAY DIFFERENTIAL: An 8 percent differential is applicable to employeesemployed in a position that represents a high degree of hazard when working with orin close proximity to ordinance, explosives, and incendiary materials. Thisincludes work such as screening, blending, dying, mixing, and pressing of sensitiveordance, explosives, and pyrotechnic compositions such as lead azide, black powderand photoflash powder. All dry-house activities involving propellants or explosives. Demilitarization, modification, renovation, demolition, and maintenance operationson sensitive ordnance, explosives and incendiary materials. All operationsinvolving regrading and cleaning of artillery ranges.A 4 percent differential is applicable to employees employed in a position thatrepresents a low degree of hazard when working with, or in close proximity toordance, (or employees possibly adjacent to) explosives and incendiary materialswhich involves potential injury such as laceration of hands, face, or arms of theemployee engaged in the operation, irritation of the skin, minor burns and thelike; minimal damage to immediate or adjacent work area or equipment being used.All operations involving, unloading, storage, and hauling of ordance, explosive, andincendiary ordnance material other than small arms ammunition. These differentialsare only applicable to work that has been specifically designated by the agency forordance, explosives, and incendiary material differential pay.** UNIFORM ALLOWANCE **If employees are required to wear uniforms in the performance of this contract(either by the terms of the Government contract, by the employer, by the state orlocal law, etc.), the cost of furnishing such uniforms and maintaining (bylaundering or dry cleaning) such uniforms is an expense that may not be borne by anemployee where such cost reduces the hourly rate below that required by the wagedetermination. The Department of Labor will accept payment in accordance with thefollowing standards as compliance:The contractor or subcontractor is required to furnish all employees with anadequate number of uniforms without cost or to reimburse employees for the actualcost of the uniforms. In addition, where uniform cleaning and maintenance is madethe responsibility of the employee, all contractors and subcontractors subject tothis wage determination shall (in the absence of a bona fide collective bargainingagreement providing for a different amount, or the furnishing of contraryaffirmative proof as to the actual cost), reimburse all employees for such cleaningand maintenance at a rate of $3.35 per week (or $.67 cents per day). However, inthose instances where the uniforms furnished are made of "wash and wear"materials, may be routinely washed and dried with other personal garments, and donot require any special treatment such as dry cleaning, daily washing, or commerciallaundering in order to meet the cleanliness or appearance standards set by the termsof the Government contract, by the contractor, by law, or by the nature of the work,there is no requirement that employees be reimbursed for uniform maintenance costs.The duties of employees under job titles listed are those described in the"Service Contract Act Directory of Occupations", Fifth Edition, April 2006,unless otherwise indicated. Copies of the Directory are available on the Internet. Alinks to the Directory may be found on the WHD home page at or through the Wage Determinations On-Line (WDOL) Web site at FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form1444 (SF 1444)}Conformance Process:The contracting officer shall require that any class of service employee which isnot listed herein and which is to be employed under the contract (i.e., the work tobe performed is not performed by any classification listed in the wagedetermination), be classified by the contractor so as to provide a reasonablerelationship (i.e., appropriate level of skill comparison) between such unlistedclassifications and the classifications listed in the wage determination. Suchconformed classes of employees shall be paid the monetary wages and furnished thefringe benefits as are determined. Such conforming process shall be initiated bythe contractor prior to the performance of contract work by such unlisted class(es)of employees. The conformed classification, wage rate, and/or fringe benefits shallbe retroactive to the commencement date of the contract. {See Section 4.6 (C)(vi)}When multiple wage determinations are included in a contract, a separate SF 1444should be prepared for each wage determination to which a class(es) is to beconformed.The process for preparing a conformance request is as follows:1) When preparing the bid, the contractor identifies the need for a conformedoccupation(s) and computes a proposed rate(s).2) After contract award, the contractor prepares a written report listing in orderproposed classification title(s), a Federal grade equivalency (FGE) for eachproposed classification(s), job description(s), and rationale for proposed wagerate(s), including information regarding the agreement or disagreement of theauthorized representative of the employees involved, or where there is no authorizedrepresentative, the employees themselves. This report should be submitted to thecontracting officer no later than 30 days after such unlisted class(es) of employeesperforms any contract work.3) The contracting officer reviews the proposed action and promptly submits a reportof the action, together with the agency's recommendations and pertinentinformation including the position of the contractor and the employees, to the Wageand Hour Division, Employment Standards Administration, U.S. Department of Labor,for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4).4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, ordisapproves the action via transmittal to the agency contracting officer, ornotifies the contracting officer that additional time will be required to processthe request.5) The contracting officer transmits the Wage and Hour decision to the contractor.6) The contractor informs the affected rmation required by the Regulations must be submitted on SF 1444 or bond paper.When preparing a conformance request, the "Service Contract Act Directory ofOccupations" (the Directory) should be used to compare job definitions to insurethat duties requested are not performed by a classification already listed in thewage determination. Remember, it is not the job title, but the required tasks thatdetermine whether a class is included in an established wage determination.Conformances may not be used to artificially split, combine, or subdivideclassifications listed in the wage determination.Part I – GeneralA.1 Scope of Contract:Provide all labor, materials, tools and equipment, and design-build (D/B) services necessary for design and construction of a Chemo Infusion Area in Bldg 801, Charlie Norwood VA Medical Center in Augusta, GA, described herein including other specific tasks as further defined by this Request for Proposal (RFP)Project Number: 509-14-101 Project Title: Design-Build Project Renovate Chemo Infusion Area, B801Background:The intent of this project is to provide a renovated Chemo Infusion area in Bldg. 801 for Charlie Norwood VA Medical Center in Augusta, GA. The upgraded facility will be located in the area currently occupied by the Chemo Infusion area in wing 6C. The design of the 6C Chemo Infusion Suite will accommodate 18 chairs and 2 beds for infusion and will include support space for the Oncology Department. The existing Chemo Infusion program will be temporarily relocated from its current site for the renovation. The Chemo Infusion function will be transferred to the newly renovated 6C facility when completed. Primary Project Scope: This project will be completed under a design-build contract. It is the VA’s intent for the D/B Contractor to provide design, construction, and an otherwise “turnkey” solution to provide a modernized Chemo Infusion Area address all issues defined in the project scope. It is of noteworthy importance the hospital must remain fully functional at all phases of the project and there will be extensive coordination and scheduling required of the D/B Contractor, VA engineering staff, and the COR; schedules shall be built with liberal free float. Ensure all applicable codes and standards are followed to include, but not limited to, required life safety, electrical, plumbing, and fire codes. All applicable codes/standards shall be met in the design and construction phases. The D/B Contractor will obtain all required permits.The contractor shall provide all labor, equipment and materials to renovate the current Chemo Infusion area located in the 6C wing of Bldg. 801. Construction work will include ACM abatement, general carpentry, interior finishes, millwork, electrical, nurse call, voice & data, mechanical, plumbing, medical gases and fire detection/ suppression systems in accordance with contract documents and specifications. The Chemo Infusion operations will be temporarily relocated to permit the renovation project to be performed. The project must be constructed to permit the adjacent Medical Center functions to fully operate. The Chemo Infusion operations will be transferred back to the 6C wing when renovation is completed. All construction work must be in accordance with VA Interim Life Safety and Infection Contorl permits that will be provided the contractor at the pre-construction meeting.This design package will require the examination of a licensed Fire Protection Engineer to insure compliance with the current NFPA Fire and Life Safety Codes. This Engineer shall provide a report at the 75% design submittal attesting to the design conformance along with his PE seal. Provide any structural, architectural, electrical and mechanical work of existing systems necessary to insure the accuracy of your design. Prepare any measured drawings of existing systems or facility required to insure the accuracy of your design. The design plan must consider and accommodate the full operation of the VA Medical Center during construction of the Chemo Infusion facility. VA Risk Assessments are to be completed by the Contractor for each stage of design plus Operations and Maintenance manuals and all necessary on-site training will be provided. Training will be professionally videotaped and provided on DVD. Contractor will Facilitate design reviews with the VA staff at each stage of design.Cost of demolition and removal or recycling of all equipment and systems are to be borne by the D/B Contractor. This is to include asbestos, lead paint, PCBs from existing transformers, and any other environmental abatement required. All required state, local, and VA environmental investigations, reports, and permits are to be borne by the Contractor. The floor tile mastic located in this area is suspected to contain asbestos. The contractor is responsible for testing the area to confirm the presence of asbestos and to provide remediation services if the tests prove positive. This submission will be reviewed by the VA and a review meeting held with the contractor within 10 working days of receiving the 35% package. The project design shall be completed in accordance with all appropriate Department of Veterans Affairs (VA) standards, specifications, and other criteria unless otherwise approved by VA. The Contractor shall retrieve all VA design information and standards from the VA Office of Construction & Facilities Management Internet site (). These documents and all national, state and local codes adopted and used by the VA shall be incorporated in the design of this project and reflected in the design and construction cost estimate. The facility record drawings and drawings on AutoCAD are available for the Contractor’s use upon request. The Contractor will be required to provide all labor/costs to reproduce any required existing VAMC drawings. NOTE: All record drawings may not be available on AutoCAD. Record drawings are reference only and may not depict current conditions and may be incomplete. Contractor is responsible for field verifying all record drawings for accuracy. The following references, as a minimum, shall be utilized for planning and design purposes. PG-18-1Master Construction SpecificationsPG-18-3Design and Construction ProceduresPG-18-4Standard Details and CAD StandardsPG-18-5Equipment Guide ListH-18-8Seismic Design HandbookPG-18-9Space Planning CriteriaPG-18-10Design Manuals (by discipline)PG-18-12Design Guides (graphical, by function)PG-18-13Barrier Free Design GuidesPG-18-14Room Finishes, Door, and Hardware SchedulesPG-18-15Minimum Requirements for A/E SubmissionsPG-18-17Environmental Compliance ManualH-7545VA Cultural Resource ManagementThe intent of this RFP and subsequent contract is to identify, design, install, and provide all the resources needed for D/B Renovation Chemo Infusion Area.Hospital operations must be maintained at all times. Contractor must provide at least 14 business days prior notice of scheduled shutdowns to the COTR for approval. All shutdowns shall be coordinated to minimize impacts to hospital operations and ensure sustained power to all hospital systems through temporary means. Outages will be schedule at night, on weekends, or holidays in order to minimize impact to hospital operations.Contractor shall develop a highly detailed Work Breakdown Structure (WBS) and schedule of all project activities utilizing Primavera, Microsoft Project, or equivalent software compatible with VA systems.STATEMENT OF BID ITEMSThe following Statement of Bid Items is conceptual and may be modified or tailored to technical and cost proposals.ITEM 1, GENERAL DESIGN AND CONSTRUCTION: Work includes all labor, materials, tools and equipment, and design-build (D/B) services necessary to complete all scopes of work described herein. To be completed within 545 days after issuance of Notice to Proceed (NTP). Definitions:Design-Build (DB) as defined by the Department of Veterans Affairs (VA) is the procurement by the Government, under one contract, with one firm or joint venture (JV) for both design and construction services for a specific project.Contracting Officer: The services to be performed under this contract are subject to the general supervision, direction, control and approval of the Contracting Officer.COTR: The Contracting Officer's authorized representative at the construction site. The Contracting Officer’s Technical Representative (COTR or COR) is responsible for protecting the Government's interest in the execution of the construction contract work. His duties include surveillance of all construction work to assure compliance with the contract documents, interpretation of the contract documents, approval of changed work, approval of all submittals, samples, shop drawings, etc. The COTR may not issue change orders to the Contractor.Design Build Contract: This term, as used herein, refers to the Contract(s) to perform the design and construction of the project.Contractor: This term, as used herein, refers to the contractor under this contract or the DB team.AE: This term, as used herein, refers to the Architect-Engineer firm(s) that are a part of the DB team, also referred to as DB/AE.Selection Procedure - During the review of offers the VA may ask for additional information. The VA may initiate action to award a contract at any point after review of the offers. Therefore, offers should reflect the offeror’s best terms both from a technical and cost standpoint. See FAR 52. 215-1, Instructions to Offerors - Competitive Acquisition (Jan 2004).PART II - RESPONSIBILITIES B1.VA TeamThe VA team that produced the RFP document is: Pamela Helms, COR (Contracting Officer’s Representative) and Theresa Elkins, Contract Specialists, Network Contracting OfficeThe VA team is also comprised of VA Office of Facilities Management and others at VA Headquarters located in Washington, DC, and a Contracting Officer’s Technical Representative (COTR) who will be located at the construction site and VA medical center staff.B2.Design-Build Team:The DB team includes all joint venture (J/V) partners, consultants and sub contractors to the one firm. The DB team shall provide Architectural and Engineering disciplines for the preparation of construction documents, and construction contractor capabilities for construction of the project.If the DB Team A/E and contractor are a J/V (not one and the same firm) engineering and other technical consultants shall be subcontractors of the J/V Architect - not the Design-Build construction contractor or subcontractors. If the DB Team A/E and contractor are one and the same firm (not a J/V) those consultants shall be subcontractors of DB firm not the construction subcontractors.The RFP documents are intended to define existing conditions, certain required items, and design parameters to be included in the project. It is the DB Team’s responsibility to complete the documents and construction in a manner consistent with the intent of the RFP documents within the required time period (385 calendar days).PART III - PROPOSAL REQUIREMENTSC1.GeneralProposals shall be based on solicitation documents issued for RFP. Proposals will be in the format stipulated elsewhere in this section.Proposals shall be received before 5/23/2014, 2:00pm EST. There will be no public opening of the proposals.Submit sealed offers to:US Postal Service Deliveries:Tracy James, Contract Specialist Network Contracting Office501 Greene StreetAugusta, GA 30901Commercial Delivery Services / Hand Carry (Monday- Friday, 8:30 am to 3:30 PM): Tracy James, Contract Specialist Network Contracting Office501 Greene StreetAugusta, GA 30901C2.Proposal Revisions (FAR 52.215-1)If determined to be necessary, proposal revisions will be requested from the proposals received. The Contracting Officer will identify those offerors, whose proposals are within the competitive range, considering the selection criteria identified in this section. Negotiations may be conducted with those offerors falling within the competitive range, after which proposal revisions will be requested. Those selected as within the competitive range will be given 7 calendar days to prepare their proposal revisions. Sealed proposal revisions will be submitted as per Part III.C1.C, above, except as noted below and will be due at a time and place to be determined.Offerors submitting proposal revisions will not be requested to re-submit any documents which are unchanged from their initial proposals. They should provide necessary changes to individual paragraphs, as briefly as possible, together with a table of contents that clarifies where within the initial proposal the additional information or changed documents would be placed. Proposal revisions shall include a completed Optional Form 308 (Solicitation and Offer – Negotiated Acquisition) and Optional Form 309 Amendment of Solicitation that acknowledges receiving all amendments, by number. A new bid bond shall be submitted only if the final proposal revisions offeror’s price proposal is greater than its initial price proposal.C3.Technical Proposal Requirements Reference Proposal Instructions/Evaluation Criteria Page 9PART IV - POST AWARD REQUIREMENTS D1. Construction Document Preparation:Design Review Submissions:The Design-Build Team A/E (DB A/E) shall prepare and submit complete construction documents for review and approval by the VA in accordance with standard professional practice, the Department of Veterans Affairs RFP (VA RFP), and prevailing codes.The documents may be divided into multiple review submission packages.All submission packages will be reviewed at 35%, 65%, and 95% completion stages. The (95%) review submission packages will incorporate the final review comments from the 35% and 75% reviews. If any package is not complete for the required stage, a post review may be required the cost of which will be borne by the DB Team.Each review submission package shall include 3 hard copy sets and 2 sets on CD-ROM. The package will include an index of drawings (by sheet number and title) and specifications (by section number and title) submitted. The packages will be distributed to the VA COTR.Construction will not begin for design which has not been released for construction by the COR and contracting officer. Release for construction will be provided in formal correspondence.Design Review Meetings:A review meeting to resolve design issues will be held for each design review package submitted. The meeting will include discussion of VA comments on functional relationships and technical peer review comments (by others).Participants will include VA staff and D/B team members as appropriate for the specific package to be reviewed and others. The DB team members will each allow for (1) one full day for each design review meeting. DB team management will be present at each review meeting.The DB team shall allow a minimum of thirty (30) working days for each review cycle. A cycle includes:The VA’s receipt of the design review submission package.The review meeting.DB teams receipt of comments from the VA, either electronically, by fax, or by hard copy delivery.Coordination of the review meeting schedules will be the responsibility of the VA COTR and the DB Team Project Manager (for the DB Team). See section H. Quality Assurance/Quality Control.Design reviews will take place in person at the Dorn VAMC. All designer of record and principal designers will be in attendance as well as the D/B Contractor’s Project Manager, Superintendent, and primary trade subcontractors.Electronic Media:Design review submission drawings and final Construction Document submission drawings will be executed in electronic format AutoCAD version 2012 or newer and PDF.The drawings included in the VA RFP will be available to the DB team in electronic format in AutoCAD version 2012 or newer and PDF for use in preparing the construction drawings. Since data stored on electronic media can deteriorate undetected or be modified without the COTR’s and CO’s knowledge, the CADD drawing files are provided without warranty or obligation on the part of the VA team as to accuracy or information contained in the files. The user shall independently verify all information in the files. Any user shall agree to indemnify and hold the VA team harmless from any and all claims, damages, losses, and expenses including, but not limited to, attorney’s fee arising out of the use of the CADD drawing files.Design review submission specifications and other 8 1/2” by 11” formatted material and final Construction Document submission specifications and other 8 1/2 by 11 formatted material will be executed in electronic format Microsoft Office Word and PDF.The specifications included in the VA RFP shall be available to the DB team in electronic format in Microsoft Office Word and PDF, for use in preparing the construction specifications. Since data stored on electronic media can deteriorate undetected or be modified without the COTR’s and CO’s knowledge, the CADD drawing files are provided without warranty or obligation on the part of the VA team as to accuracy or information contained in the files. The design builder shall independently verify all information in the files and shall agree to indemnify and hold the VA team harmless from any and all claims, damages, losses, and expenses including, but not limited to, attorney’s fee arising out of the use of the electronic files.The construction record drawings shall be completed in AutoCAD version 2012 or newer and PDF. Construction shop drawings are not required to be completed in AutoCAD version 2012 or newer and PDF.Professional Licensing:The DB A/E who prepares the construction documents shall be a professional architect or engineer licensed in the state in which the design work is completed. The professional seal indicating such license by the state shall appear on the final construction documents. The architect whose seal is shown will be known as the Architect of Record. The DB A/E shall certify compliance with the VA RFP, VA standards, and all applicable codes.Approved Construction Documents:The final construction document submission package will be submitted by the DB team for approval by the VA after completion of the 95% review cycle for the final package to be submitted by the DB team. The VA will have 30 days to take approval action.The final construction documents submission package will include a full set of construction documents including all disciplines/packages.The final construction documents submission package will incorporate all VA supplied comments from the earlier 35%, 75%, and 95% submission package reviews and will comply with the VA RFP and VA standards.If the final construction documents submission package is not complete a post submittal may be required the cost of which will be borne by the DB Team.The approved final construction documents include such details that the project can be constructed and will be used for construction of the project. See PART IV, D2. CONSTRUCTION PERIOD SUBMITTALS for Approved Construction Document distribution.Construction Drawing Preparation - Mandatory material and equipment schedules and details may be indicated either on the drawings or in the specifications, at the option of the DB team. The construction drawings shall include a coordinated set of the following, as applicable:Civil engineering drawings including demolition plans, grading and drainage plans, paving plans, utility plans, schedules calculations and details.Architectural drawings including demolition plan, floor plans, wall sections, reflected ceiling plans, toilet and bath details, door schedules and details, window schedules and details, room finish schedules and details.Fire protection drawings including floor and roof plans, riser diagrams, equipment schedules, and details, including general notes calculations and all related calculations. This design package will require the examination of a licensed Fire Protection Engineer to insure compliance with the current NFPA Fire and Life Safety Codes. This Engineer shall provide a report at the 75% design submittal attesting to the design conformance along with his PE seal. The Architect selected for this project will be responsible for the selection and compensation of the Fire Protection Engineer. Electrical drawings including electrical power, lighting, telephone and data, nurse call, fire alarm, overhead paging, electrical panel, and voice data.Plumbing drawings including floor and roof plans, riser diagrams equipment schedules, plumbing fixture schedules, and details, including general notes, and all related calculations.HVAC drawings including floor and roof plans, one-line flow diagrams, equipment schedules, and details, including general notes and all related calculations. Also provide sections for mechanical equipment rooms and sequence of operation for all HVAC equipment.Asbestos abatement drawings including site demolition plans and floor plans indicating asbestos abatement method. The floor tile mastic located in the Chemo Infusion Area is suspected to contain asbestos. The vendor is responsible for testing the area to confirm the presence of asbestos and to provide remediation services if the tests prove positive.Construction Specifications - Project specifications shall include specifications for all products, materials, equipment, methods, and systems shown on the construction drawings in accordance with standard professional practice and the VA RFP. The specification submitted for review shall include:The name of the manufacturer, the product name, model number, or other identification as appropriate to clearly identify the product that will be used in the construction of the project;Other data as appropriate to clearly identify the product that will be used in the construction of the project. i.e. shop drawings, product data, and samples as required by the VA RFP documents; and The required stamp of the licensed architect or engineer of record will be considered as certification of compliance with the RFP requirements.Design Requirements - Compliance with codes and standards.Project design shall be in compliance with applicable standards and codes described in VA Program Guides and design materials included or referenced in the solicitation materials.The Contractor shall retrieve all VA design information and standards from the VA Office of Construction & Facilities Management Internet site (). The final design/working drawings must comply with current VA, AIA and Joint Commission design requirements. The design must follow the VA design guidelines for Ambulatory Care- Oncology located at The facility finishes must comply with the VA Finish Guide ) for chapter 316: Dialysis Center.These documents and all national, state and local codes adopted and used by the VA shall be incorporated in the design of this project and reflected in the design and construction cost estimate. The facility record drawings and drawings on AutoCAD are available for the Contractor’s use. The Contractor will be required to provide all labor/costs to reproduce any required existing VAMC drawings. NOTE: All record drawings may not be available on AutoCAD. Record drawings are reference only and may not depict current conditions. Contractor is responsible for field verifying all record drawings for accuracy. The following references, as a minimum, shall be utilized for planning and design purposes:PG-18-1Master Construction SpecificationsPG-18-3Design and Construction ProceduresPG-18-4Standard Details and CAD StandardsPG-18-5Equipment Guide ListH-18-8Seismic Design HandbookPG-18-9Space Planning CriteriaPG-18-10Design Manuals (by discipline)PG-18-12Design Guides (graphical, by function)PG-18-13Barrier Free Design GuidesPG-18-14Room Finishes, Door, and Hardware SchedulesPG-18-15Minimum Requirements for A/E SubmissionsPG-18-17Environmental Compliance ManualH-7545VA Cultural Resource Management2. See Section E. Approved Construction documents, above, for required inclusion of design review comments.All projects shall be designed to achieve an energy consumption level that is at least 30% below the level achieved under ASHRAE Standard 90.1-2004, if life-cycle cost effective. Use Appendix G of ASHRAE Standard 90.1-2004 to document the energy savings. Should the 30% reduction in energy consumption prove not to be life-cycle cost effective, then the A/E shall evaluate alternative designs at 5% successive decrements in order to identify the most energy-efficient design that is life-cycle cost effective. The following parameters shall be used for performing the analysis:20 year life-cycle period for system comparisonUse Public domain programs such as TRACE, E-CUBE, Carrier E20-II, EnergyPlus, etc.3% Discount FactorDo not include taxes or insurance while computing costs.In the design of new building and alteration work under this contract, the DB team shall consider all requirements (other than procedural requirements) of:Zoning laws:Environmental and erosion control regulations; and Laws relating to landscaping, open space, minimum distance of a building from the property line, maximum height of a building, historic preservation, and esthetic qualities of a building. Also similar laws, of the State and local political division, which would apply to the building if it were not to be constructed or altered by the U.S. Government.The DB team shall consult with appropriate officials of the Federal, state, and political subdivision, and submit plans under the rules prescribed by those reviewing authorities. The Contractor and VA shall give due consideration to the recommendations of the referenced building officials. VA will also permit inspection by the officials described above during the construction period in accordance with the customary schedule of inspections in the locality of the building construction. Such officials shall provide VA with a copy of the schedule before construction begins or give reasonable notice of their intention to inspect before conducting an inspection.The DB team shall provide prompt, written notification to the Contracting Officer concerning conflicts with, or recommended deviations from codes, laws, regulations, standards, and opinions of review officials as described above. No work altering the scope of this contract shall be undertaken prior to receipt of written approval from the Contracting Officer.No action may be brought against the DB Team or VA and no fine or penalty may be imposed for failure to carry out any of the previously described recommendations of Federal, state, or local officials. VA and its contractors shall not be required to pay any amount for any action taken by a state or political division of a state in carrying out functions described in this article, including reviewing plans, carrying out on-site inspections, issuing permits, and making recommendations.The DB team shall advise the Contracting Officer of any variances with the applicable Department of Labor, Occupational Safety and Health Standards, for occupancy requirements.Quality Assurance/Quality Control:To reduce design errors and omissions, the DB team shall develop and execute a QA/QC plan that demonstrates the project plans and specifications have gone through a rigorous, thorough review and coordination effort. Within 2 weeks of receipt of Notice to Proceed, the DB Team will submit a detailed QA/QC plan describing each QA/QC task that will be taken during the development of the various design submission packages and the name of the DB Team member responsible for QA/QC. Upon its completion each task shall be initialed and dated by the responsible DB Team member. A 100% completed QA/QC plan shall be submitted with the final construction document submission package.D2.Construction Period SubmittalsThe DB contractor shall distribute 4 full size sets and 4 half size sets of approved construction drawings, 4 sets of bound specifications prepared by the DB Team, and 4 discs containing electronic files of drawings and specifications to the VA, as directed by the CO or COTR.Other submittals - The DB team shall submit test results, certificates, manufacturer’s instructions, manufacturer’s field reports, etc. as required by the VA RFP specifications, to the VA COTR.Project record drawings - The DB team will maintain a set of construction documents (field as-built drawings) to record actual construction changes during the construction process as required by the RFP specifications. The project record drawings will be available for review by the VA Resident Engineer at all times.Shop drawings and submittals - The DB A/E shall check government furnished and/or the DB construction contractor's shop drawings, detail drawings, schedules, descriptive literature and samples, testing labor- laboratory reports, field test data and review the color, texture and suitability of materials for conformity with the Design and Construction Documents. The DB A/E shall recommend approval, disapproval, or other suitable disposition to the VA. The VA will have final approval authority. The DB AE shall evaluate the submittals with reference to any companion submittals that constitute a system. When necessary, the DB A/E will request the DB Construction Contractor to submit related components of a system before acting on a single component. Should this procedure be inappropriate, the DB A/E shall review all prior submittals for related components of the system before acting on a single component. The DB A/E may be required to hold joint reviews with the VA technical staff on complicated system submittals. The DB A/E shall notify the VA in writing of any and all deviations from the requirements of the construction documents that he has found in the submittals.Unless otherwise noted, all materials shall be new. Prior to installation, Contractor shall submit for approval the manufacturer’s literature and specifications on all the material being installed via Submittal Exchange () per the specifications.D3.Project Close-OutThe DB team shall comply with the requirements in the “General Conditions”, Section 01001, and “General Requirements”, Section 01010, for submission of final RFP as built drawings, manuals, and other documents as noted. Required as-built drawings and specifications will be submitted in the same format required for the construction documents.D4.Site Visits and InspectionsDuring the construction period the DB A/E shall make weekly visits to the project site when requested by the COTR. The COTR may also request visits for special purposes. Only registered architects and engineers thoroughly familiar with the project may make these site visits. The COTR has the prerogative to determine the professional discipline(s) required for any visit. The DB A/E shall observe the construction, advise the COTR of any deviations or deficiencies or solutions to issues discussed. A site inspection report which includes the purpose of the inspection, items reviewed, deficiencies observed, recommendations and additional actions required, shall be furnished to the CO and/or COTR within 5 work days following the site visit date.E. The following Investigative Work shall be included Within the Scope of this Project:Provide any structural, architectural, electrical and mechanical work of existing systems necessary to insure the accuracy of your design. Prepare any measured drawings of existing systems or facility required to insure the accuracy of your design.The design plan must consider and accommodate the full operation of the VA Medical Center during construction of the Chemo Infusion plete review of all shop drawings or samples.15 site visits including the final. (Please include price for additional site visits should they be desired).Reproduction costs - The cost of reproducing drawings and specifications and delivery to the VA Contracting Officer.- - - E N D - - - AmbulatoryCare(HospitalBased)January2009Oncology:ChemotherapyTreatmentRoom(OPCT1)FloorPlan-----------------CLOCK---c:=:.-....-'-:=:::----::========-L-5ToOLfIVTRACK_.__,NOTE:AllELEMENTSCUBICLE-jCURTAIN:TRACKi......_-..-------------TYPICALASNOTEDFOREACHCUBICLE.AREAFORCUBICULEDOESNOTINCLUDECIRCULATIONORSTAFFWORKAREA.0TVONWALLBRACKET,,..-------------------....."'..!..:I........................-"3Stations:330NSF/30.7NSMMax8stations:830NSFSCALE"=1'-0"M210-1-24FNOTE:Guldeplatual'9graphicalr9pl'9senlatlonsofselectedroomtypn,IlluatratlngtheIntegrationofapace,components,1ya1em1,andequipment.Theyprovidetypicalconflguratlonsandgeneraltechnicalguidance,andorenotIntendedlobepraJeclspecific.SpecificInfrastructuredesignrequirement.orecontainedIn VADesignManualsandSpacePlanningCriterialocaledIntheVATechnicallnfonnollonUbrory.DepartmentofVeteransAffairsGUIDEPLATESSECTION4-130DESIGN BUILD SPECIFICATIONS4.36 SCHEDULE OF PAYMENTS FOR DESIGN SERVICES Final Payment: Upon completion of the final inspection and acceptance of the project by the Government, delivery to the Government of the final record drawings and specifications, design details, calculations, shop drawings and executed Release of Claims (attachment I),the Contractor shall be paid the unpaid balance due for all phases of design work under this contract. An amount equal to five (5) percent of the design services cost shown on the schedule of payments shall be retained until VA acceptance of the record drawings.4.37 OWNERSHIP OF ORIGINAL DOCUMENTS All designs, drawings, specifications, notes, and other work developed in the performance of this contract shall be and remain the sole property of the Government and may be used on any other work without additional compensation to the Contractor. With respect thereto, the Contractor agrees not to asset any rights and to establish any claim under the design patent or copyright laws. The Contractor, for a period of 3 years after completion of the project, agrees to furnish and provide access to all retained materials on the request of the Contracting Officer. Unless otherwise provided in this contract, the Contractor shall have the right to retain copies of all such materials beyond such period.4.38 RETENTION OF REVIEW DOCUMENTS The Contractor shall keep one copy of all review documents containing VA remarks until final completion of the construction contract and a release of claims is signed unless, before that time, the VA directs the Contractor to forward certain documents to the Government. The VA will notify the Contractor in writing after the release of claims is finalized after which time the Contractor may dispose of such documents that remain in its possession.4.39 CONTRACT DRAWINGS AND SPECIFICATIONS GOVERNMENT FURNISHED PLANNING INFORMATION (a) Master Plan Requirements: The requirements of the master plan for the project as depicted by the preliminary drawings shall be followed in the development and preparation of the Contract Drawings and Specification. Deviations may be made in functional relationship and general size or configuration of the building and rooms as established by the preliminary plans only upon written approval of the Contracting Officer. The architectural preliminary drawings are dimensioned to establish the building size and gross area, including the exterior walls, or the medical facility. (b) Standards: The Contractor shall follow specifications included in the RFP (Request for Proposal) in preparing the Contract Drawings and Specifications for the project. However, should the Contractor determine that a deviation from such standards and specifications is necessary or beneficial to the Government, he shall submit a request in writing to the Contracting Officer for permission to make the deviation. The request shall include an explanation of the specific reasons for the desired change and benefits expected. (c) Verify Accuracy of Planning Information: The Contractor shall visit the project site of verify the information shown on the Government-Furnished preliminary drawings and other planning documents which are part of this contract. This information is the best available but the Government does not guarantee its accuracy or completeness. (d) Discrepancies in Planning Information: The Contractor shall promptly report to the Contracting Officer in writing any discrepancy between this contract and the planning information provided by the Government. The Contractor shall make no adjustments to his work due to the discrepancy before the Contracting Officer has reviewed the matter and forwarded this determination to the Contractor. The Contractor’s failure to report any such discrepancy or to wait for the Contracting Officer’s determination shall be at his risk and expense.4.40 COORDINATION WITH MEDICAL CENTER Before starting any work on the Veterans Administration Medical Center, the Contractor shall consult with the Resident Engineer and secure his permission to start the work. The Contractor shall perform the work within the parameters established by the Resident Engineer Contractor shall not interfere with the normal functioning of the Medical Center.4.41 RESPONSIBILITY OF THE DESIGN-BUILD CONTRACTOR (a) The Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished by the Contractor under this contract. The Contractor shall, without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications, and other services. (b) Neither the Government’s review, approval or acceptance of, nor payment for, the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising our of the performance of this contract, and the Contractor shall be and remain liable to the Government in accordance with applicable law for all damages to the Government caused by the Contractor’s negligent performance of any of the services furnished under this contract. (c) The right and remedies of the Government provided for under this contract are in addition to any other rights and remedies provided by law. (d) If the Contractor is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder.ATTACHMENTSATTACHMENT 1 - RELEASE OF CLAIMS For and in consideration of the payments heretofore made, and payment of final installment now due by reason of performance of Contract No. __________________, dated __________________, the undersigned Architect-Engineer hereby releases and discharges the United States of America from any and all claims arising under or by virtue of said contract, except as follows: (In this space describe and list in stated amounts excepted claims, if any; otherwise this release will be considered as free of all claims. If no claims reserved, insert None.)IN WITNESS WHEREOF, This release has been duly executed this________________ day of ___________________._____________________________________Architect-EngineerBY: _____________________________________(Print or type name under signature)_____________________________________Title (Print or type) (End of Clause)Department of Veterans AffairsNCO 7, Charlie Norwood VA Medical Center Attn: Tracy JamesPAST PERFORMANCE EVALUATION QUESTIONNAIREE-mail to Tracy.James@To be completed by the company providing the reference, NOT the Offeror, and returned directly to Network Logistics Contracting ActivityCompany being evaluated: Company/Government Office providing rating: Name/Title of person completing evaluation: Contact – Phone: Contact – Email: Performance Factors/Ratings:Exceptional. Performance meets contractual requirements and exceeds many to the Government’s benefit. The contractual performance of the element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor were highly effective.Very Good. Performance meets contractual requirements and exceeds some to the Government’s benefit. The contractual performance of the element being assessed was accomplished with some minor problems for which corrective actions taken by the contractor were effective.Satisfactory. Performance meets the contractual requirements. The contractual performance of the element being assessed contains some minor problems for which corrective actions taken by the contractor appear or weresatisfactory.Marginal. Performance does not meet some contractual requirements. The contractual performance of the element being assessed reflects a serious problem for which the contractor has not yet identified corrective actions. The contractor’s proposed actions appear only marginally effective or were not fully implemented.Unsatisfactory. Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element contains serious problem(s) for which the contractor’s corrective actions appear or were ineffective.1. Did the project fulfill the requirements of the client’s stated function? Rating: __________________________________________ Detailed Explanation: _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________2. Did the final project require any unexpected maintenance activity, and have any latent defects been found in the project since its completion?Rating: ________________________________________ Detailed Explanation: _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________3. Was the team’s/contractor’s response time to client’s questions acceptable, and was the staffing level consistent with the project size and complexity?Rating: _____________________ Detailed Explanation: _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________4. Was the communication of schedule and problem issues adequate and consistent, and was there an established problem-solving routine?Rating: ________________________ Detailed Explanation: _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________5. Contractor’s strengths (S)/weaknesses (W): ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________6. Any reservations about recommending a future contract award to this Offeror?No ________ Yes _________ Detailed Explanation:_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________OVERALL PAST PERFORMANCE RATING: _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ See attached document: P01 509-14-101 AE and CONST SCOPE Attachment E (Design-build) (1). ................
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