36C10E21R0004.docx

36C10E21R0004

1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5.

REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE

DOCUMENTS (Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12b. CALENDAR DAYS

13. ADDITIONAL

SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

Prescribed by GSA-FAR (48 CFR) 52.236-1(d)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

IMPORTANT - 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)

1. The Contractor shall begin performance within ____________ calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See

YES

NO

a.

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. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

b.

An offer guarantee is, is not required.

c.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d.

Offers providing less than ____ ___________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

VA

36C10E21R0004 X 05-06-2021 3228-000014

322VB3136

00101 Department of Veterans Affairs Veterans Benefits Administration Acquisition Division 1800 G. Street N.W.

Washington DC 20006 Department of Veterans Affairs Veterans Benefits Administration Acquisition Division 1800 G St NW Washington DC 20006 Tiffany Garfield 813-614-6129

Project Title: Montgomery Regional Office Renovations Project Number: 322VB3136 Project Location: Montgomery, AL Contracting Officer: Tiffany Garfield at tiffany.garfield@va.gov Program Manager: Peter Burrowes at peter.burrowes@va.gov

Description: This project is to reconfigure and renovate the existing Veteran Readiness and Employment (VR&E) suite into a functional working space for both staff and visitors of the Vocation Service Center (VSC) Department.

The project area is approximately 5,120 square feet

The applicable NAICS code is 236220 Commercial and Institutional Building Construction. The Small Business Size Standard is $36.5 Million

Service Disabled Veteran Owned Small Business (SDVOSB) Program :

This acquisit ion is Set-Aside under the SDVOSB program. The prospective contractor is cautioned that any proposal submitted to this solicitation must meet the criteria identified by 38 CFR Part 74. Any person, persons or business entity suspected of misreprese nting itself for the purpose of securing a government contract may be criminally investigated and prosecuted for fraud against the United States of America. Parties found misrepresenting their status also risk debarment from government procurements.

VAAR 819-70 38 CFR 74

Failure to be both verified by CVE and visible on VetBiz at the time of bid submission will result in the contractor's proposal being deemed non-responsive

The Construction Magnitude is between $500,000 and $1,000, Please reference the attached documents for further proposal sub mission information and project specifics.

X X 52.211-10 X Email 1 Copy 12:00pm

EDT

06-07-2021 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE

NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

17. 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 is accepted by the Government in writing within __________ calendar days after the date offers are due.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

20a. NAME AND

TITLE OF PERSON AUTHORIZED TO SIGN OFFER

20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN

COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( 41 U.S.C. 3304(a) (

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31a. NAME OF CONTRACTING OFFICER

TO SIGN

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. AWARD DATE

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

(Include ZIP Code) (Include area code) (Include only if different than Item 14.)

(Insert any number equal to or greater than the 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 this document 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

00101 Department of Veterans Affairs Veterans Benefits Administration Acquisition Division 1800 G. Street N.W.

Washington DC 20006 All invoices must be emailed to:

Table of Contents

PRICE/COST SCHEDULE

ITEM INFORMATION

Montgomery Regional Office Renovations

STATEMENT OF WORK

General

The Montgomery Regional Office building is a three-story brick masonry building located in Montgomery, Alabama. The ground level includes a shared main lobby servicing two adjoining suites. Adjacent to the main lobby, suites share access to existing men & women’s restrooms, a drinking fountain, and two elevators.

The project scope area includes one of these suites on the ground level. The area of project scope is approximately 5,120 square feet. The goal of the project is to reconfigure and renovate the existing Veteran Readiness and Employment (VR&E) suite into a functional working space for both staff and visitors of the Vocation Service Center (VSC) department.

Interior Finishes

The new remodeled space will match the current building interior finish standards, set by the recently remodeled project across the main lobby. This includes modular carpet tiles, rubber wall base, 2’- 0” x 2’-0” acoustical ceiling tiles, painted gypsum board ceilings at select areas, painted gypsum board walls, storefront type doors with frosted slide light glazing. The countertop in work area to be solid surface material, with plastic laminate cabinetry. Stainless steel corner guards to be placed at all outside corners at 48” height.

Furniture

The furniture requirements as set forth by the user group include heigh-adjustable workstations, privacy panels as necessary, and contemporary style.

Mechanical Design Narrative

The Montgomery VA Regional Office building is served by two York variable air volume AHU’s sized each at 32,000 cfm of supply air and 4,800 cfm of outdoor air. The AHU’s are located in the third-floor penthouse. The AHU’s are supplied by chilled water through a cooling tower/chiller system and heating hot water via the boiler system, both are located within the second-floor mechanical room. The AHU’s serve terminal units that contain hot water reheat on all floors.

The suite is currently served by eight terminal units. Two of the existing terminal units also serve other areas outside of the scope of work. The existing terminal unit controls were recently upgraded from pneumatic to DDC. The controls vendor is Johnson Controls. The current space is controlled remotely through the BAS system, Metasys. There are thermostats located within the space, one for each terminal unit, that serve as temperature indicators but offer no control of the space temperature setpoint. The existing air-side system was rebalanced in October of 2019. Per feedback from the client, the AHU’s and terminal boxes are in good working condition and are to be reused for the renovation of the existing suite.

There are no exterior wall or overall suite area changes expected with the renovation. The existing suite is primarily open-air office space with a singular conference room. The new space will be very similar in use and space allocation but with a decrease in the number of employees present within the space. Therefore, it is assumed that an additional load will not be placed on the renovated space which will allow for the reuse of the existing AHU that is currently serving the suite and the areas above on the second and third floors.

Six existing terminal units will be reused and relocated as needed to line up with the new floor plan. The two existing terminal units that serve areas outside the scope of work, will remain, and will not serve areas within the renovated space. The existing branches will be capped, and the two terminal units rebalanced. It was requested by the users that a single terminal unit only serve two office spaces, which will require the addition of new terminal units within the suite. The existing BAS, Metasys, and controls vendor, Johnson Controls, will be used moving forward. Any additional terminal units will be supplied with thermostats to display the space temperature. All control of the temperature setpoint for any new thermostats will be remote through the BAS to match the existing system. The existing air devices will be demolished and supplied new with the renovation. Existing duct, hot water piping, supports, and accessories will be reused if possible. Relocation of terminal boxes will require associated ductwork and piping to be demolished and installed new.

Any additional duct, hot water piping, supports, and accessories to make a complete system will be provided. Following installation of all new components, testing and balancing for the entire system served by the AHU will be performed. In addition to above mentioned HVAC updates, flush mounted sprinkler heads will be installed to replace the existing.

Electrical, Power, Data, and Telecommunications Design Narrative

All power and data for the project scope areas are to be sourced from Electrical Room 1-109B and Intermediate Distribution Frame Room 1-115A. New circuits are fed from existing 3ø 208V panels “ELA” and replace existing 208V 3ø 42-circuit panel “L1B” with a 2-section 84-circuit panel. Contractor is responsible for all data drops and cable connections. All VA employee use equipment will feed from the existing server racks. The job lab computers are required to be on a separate data utility provided by the VSC. No emergency power distribution exists within the building. Two new 480/277V branch panel will replace existing panels “H1” and “EH1” since both existing 480/277V branch panels are obsolete and spare breakers and part are no longer available. Both panels serve the lighting for the entire first floor and replacement will take place over a weekend to minimize disruption. Existing circuits feeding areas outside of the scope area will disconnect and reconnect in place.

All wall plates for new and existing devices shall be white in color. The extent of the proposed design intent for power and data is outlined within the design intent drawing package. All existing light fixtures will be demolished and replaced with energy efficient LED direct/indirect troffers, cans, and strip light fixtures. New lighting controls would be provided for all new area layouts. Dual level dimmable LED fixtures and controls will be provided in the new conference room.

Security Systems include a monitored burglary/panic alarm system, a new camera system, and a PACS system. A panic button would be included at each workstation and new card readers at each office space entry door. No security control stations are currently located in the space. Security cameras shall monitor the publicly accessed spaces and feed back to the building CCTV system for monitoring. Existing motion detectors on walls and ceiling will remain or be disconnected and preserved for reinstallation in the new ceiling grid system. The panic alarm system has ample tie-in room for new devices and an additional Johnson Controls termination board will be installed in the IDF Room 1-115A for the additional card reader devices. Fire Alarm devices will need to be relocated or added to adjust to the new layout.

The building phone system is currently a CoraliPix PBX system sourced from the MDF on the third floor. There is a project to upgrade the building to VOIP, design will accommodate both the existing system in place and the new VOIP if this project is completed prior to the upgraded. Existing PA speakers will be removed and preserved for the duration of construction and reinstalled in the new ceiling grid system. Volume control for the PA speakers will be reinstalled in the new main supervisory office and the new conference room. A new white noise system will be installed in the new main supervisory office.

Page 1 of Page 1 of

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

1. Proposal Preparation and Submission Instructions

a. Technical Proposal Format: Technical Proposal shall address all information requested and will then be evaluated against the stated factors. The following format shall be used:

b. Evaluation Factors and Proposal Requirements. Proposal shall include:

General Information

(a) Cover Page with Solicitation Number, Project Title

(b) Table of Contents

(c) Signed offer/Acknowledgement of Amendments (SF1442)

(d) Copy of current vetBiz.gov SDVOSB certification

(e) DUNS Number

(f) Cage Code

(g) Tax ID number

(h) Principle points of contact, address, phone numbers, etc.

(i) Reps and Certs

Factor 1 – Technical Approach:

1. In a narrative format, diagrams and/or drawings, describe in detail how the offeror intends to meet or exceed all performance areas stated in the solicitation/statement of work/attachments that are related to Project 322VB3136, Montgomery Regional Office Renovations. Provide technical methods and procedures that reflect a construction approach unique to the site and facility. NOTE: Vague, general narratives to include the restatement of the Statement of Work will be rated less favorably.

2. Scheduling and minimizing downtime is crucial. Describe a plan to complete the project in a timely manner without causing disruptions to facility during normal business hours. Also describe actions to be taken by the offeror if completion of work is anticipated to fall behind schedule. It is critical to the VA mission that services remain intact with minimal disruption.

3. 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.

· Narrative - 5 page maximum

Factor 2 - Technical Qualifications. To be Technical Acceptable, the offerors shall identify ALL of the following:

Sub-Factor 2(a): Technical Competence

1. Describe bidder’s ability to obtain the necessary resources to perform this project. These may include, but are not limited to, funding, sub-contractors, subject-matter experts, consultants, and/or specialized trades.

3. Provide Offeror’s total bonding capacity, current available bonding capacity and expected available capacity in 2021.

4. Disclose any and all negative licensing information and any pending litigation involving any of the proposed firms that will be either Prime or Sub contractors on this project.

· Narrative – 5 page maximum

Sub-Factor 2(b): Key Personnel and Management Approach

1. Submit an organizational chart.

2. Include a narrative which describes the relevant experience of:

a) Firm’s key personnel and experience, to include at least:

Project Manager - Similar projects worked on - Education and /or Certification (s)

Field Superintendent - Similar projects worked on - Education and/or Certification(s)

Other Relevant Firm Employees - Similar projects worked on - Education and/or Certification (s)

Narrative – 5 page maximum, excluding the organizational chart

b) Overall Team- Discuss the planned use of:

Subcontractors:

· Key trades to be subcontracted

· Proposed subcontractors, if firms already determined

· Similar projects worked on

Narrative - 5 page maximum

Factor 3 – Relevant and Recent Past Performance.

1. A minimum of three (3) and a maximum of five (5) past performance projects completed by the Prime Contractor shall be submitted to the Government.

Each past performance shall contain the following:

a) Brief project description.

b) List of subcontractors.

c) Relevance to project stated in RFP.

d) Initial/Final award amount.

e) State any change orders if occurred during the project performance.

f) Pictures of completed work.

g) Project Contracting Officer Representative or Client.

h) Copy of the Contractor Performance Assessment Reporting System (CPARS) report for each of the past performance projects that are Referenced.

2. The projects shall be recent (completion date to be within 5 years of the solicitation release date), relevant, and meet or exceed the proposed magnitude and scope of the proposed Project No. 322VB3136.

3. In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available, the Offeror may not be evaluated favorably or unfavorably on past performance

4. Note: The Evaluation Team may also use information obtained from Past Performance Information Retrieval System PPIRS http://www.ppirs.gov/ as a basis for evaluating this factor.

5. The examples of projects that most closely resemble the project identified in this solicitation will receive higher consideration.

Narrative-10 page maximum

Factor 4 – Project Planning/Safety/IC/QC.

1. Submit a preliminary Critical Path Method (CPM) schedule for the design and construction satisfying the requirements of this project. A practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including design, acquiring materials, plant, and equipment, mobilization, demolition, installation, finalization, etc.). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given point during the period. Most importantly, the schedule should show length of downtime required. The schedule shall show key milestone dates and outages for switchover and start-up of equipment. The schedule is not included in the page limit.

2. Describe approach to construction safety and infection control (IC).

3. Submit Quality Control (QC) monitoring procedures that will ensure a high level of construction quality that is applicable to the Specific and General requirements of the Statement of Work.

4. Develop and include procedures involving key subcontractors in the quality of the construction processes.

5. Provide the precautions the contractor will take to avoid damages to facility buildings (include pre-existing conditions) and surrounding properties and the remediation that will take place if damage is done.

Narrative 5 page maximum

Factor 5 –Warranty Support

Describe the organization, process and procedures to be established, implemented and carried out for warranty support.

· Narrative - 1 page maximum

2. PRICE PROPOSAL – Note: Submit under Separate Cover from Technical

(a) General Information:

· Cover Page with Solicitation Number, Project Title

· Signed offer/Acknowledgement of Amendments (SF1442)

· Offer Guarantee Bond

The Government may use various price analysis techniques and procedures to make a price reasonableness determination. Offerors should assure that their ability to meet or exceed the minimum needs of the Government is adequately described in the offer. The Government reserves the right to evaluate proposals and award a contract without discussions (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a price and technical standpoint.

The Government will evaluate price based on the total price. Analysis will be performed by one or more of the following techniques to ensure a fair and reasonable price:

· Comparison of proposed competitive prices received in response to the RFP.

3. Proposal Submission: Proposals shall be submitted via Email to tiffany.garfield@va.gov

a. This acquisition will utilize a best value approach in accordance with FAR 15.101. The best value is the most advantageous proposal, price and other factors considered, and consistent with the Government’s stated importance of evaluation criteria. This may result in award being made to a higher-rated, higher priced offeror where the Contracting Officer determines that the technical capability and past performance of the higher-priced offer outweighs the cost difference. A contract award will be made to the responsible offeror whose proposal conforms to the RFP requirements and will provide the best value to the Government.

b. Offerors are cautioned to follow instructions fully and carefully, as the Government reserves the right to make an award based on initial proposals received, without discussions. Therefore, each initial proposal should contain the offeror’s best terms from a price and technical standpoint.

c. Understanding the factors/sub-factors and the associated criteria indicated, the excellence of the work offered, and the ability of the contractor to accomplish what is offered in the proposal is the objective. Contractor shall submit in detail adequate information for evaluation purposes on the evaluation criteria.

d. To provide a basis for sound evaluation by the government, offerors shall submit a complete proposal. The information provided shall be concise, factual, and complete. Proposals will be considered only from offerors that are regularly established in the business and in the judgment of the government, are deemed financially responsible, able to show evidence of experience and have submitted the complete documentation requested.

e. Offerors are hereby advised that any imposed terms and conditions which deviate from the Government’s material terms and conditions established in the solicitation may render their proposal unacceptable and ineligible for award.

4. Evaluation and Award Information

a. Source Selection Using Trade Off: This is a competitive Request for Proposal (RFP) that represents the best value to the Government conducted under FAR Part 15, Tradeoff Process, all evaluation factors, other than cost or price, when combined, are approximately equal in importance to cost or price.

b. Thus, award will be made to the firm whose proposal which based on both its technical and pricing proposals, offers the overall best value to the Government.

c. Each pricing element will be evaluated to determine its reasonableness. The Government may use various price analysis techniques and procedures to make a price reasonableness determination. Offerors should assure that their ability to meet or exceed the minimum needs of the Government is adequately described in the offer. The Government reserves the right to evaluate proposals and award a contract without discussions (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a price and technical standpoint. The Government considers it to be in its best interest to allow consideration of award to other than the lowest priced offeror or other than the highest technically rated offeror.

d. Evaluation Overview: The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The proposals must conform to the RFP's requirements and judged to represent the Best Value to the Government. The Best Value is the most advantageous offer, price and other factors considered, and consistent with the Government's stated importance of evaluation criteria. This may result in award being made to a high-rated, higher-priced offeror where the Contracting Officer determines that the Technical capability of the higher-priced offeror outweighs the price.

e. SDVOSB Verification- The Government will review VetBiz (https://www.vip.vetbiz.gov/) to confirm Service Disabled Veteran-owned Small Business (SDVOSB) status verification for the submitted proposals. Evaluations will be performed on proposals submitted by verified SDVOSBs only. Subsequent confirmation of SDVOSB verification status will be performed for the apparent award.

f. Discussions: The Government intends to evaluate proposals and award a contract without discussions. Communication between the Government and offerors will be limited to exchanges for clarification as described in FAR 15.306(a). The Government reserves the right to enter into discussions if necessary. Thus, an offeror’s proposal should contain the offeror’s best terms from a price and technical standpoint. Communication conducted to resolve minor or clerical errors would not constitute discussions and the Contracting Officer reserves the right to award a contract without the opportunity for proposals revisions or discussions.

2.1 52.215-5 FACSIMILE PROPOSALS (OCT 1997)

(a) Definition. "Facsimile proposal," as used in this provision, means a proposal, revision or modification of a proposal, or withdrawal of a proposal that is transmitted to and received by the Government via facsimile machine.

(b) Offerors may submit facsimile proposals as responses to this solicitation. Facsimile proposals are subject to the same rules as paper proposals.

(c) The telephone number of receiving facsimile equipment is: N/A email to tiffany.garfield@va.gov.

(d) If any portion of a facsimile proposal received by the Contracting Officer is unreadable to the degree that conformance to the essential requirements of the solicitation cannot be ascertained from the document—

(1) The Contracting Officer immediately shall notify the offeror and permit the offeror to resubmit the proposal;

(2) The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the offeror; and

(3) The resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timeliness, provided the offeror complies with the time and format requirements for resubmission prescribed by the Contracting Officer.

(e) The Government reserves the right to make award solely on the facsimile proposal. However, if requested to do so by the Contracting Officer, the apparently successful offeror promptly shall submit the complete original signed proposal.

(End of Provision)

2.2 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)

2.3 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of Provision)

2.4 52.222-23 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:

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)

2.5 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American—Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.6 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 , 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)

2.7 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021)

(a) Offerors shall obtain from each person acting as an individual surety on a bid guarantee—

(1) A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203–1; and

(2) Standard Form 28, Affidavit of Individual Surety.

(b) The Offeror shall include with its offer the information required at paragraph (a) of this provision within the timeframe specified in the provision at FAR 52.228–1, Bid Guarantee, or as otherwise established by the Contracting Officer.

(c) The Contracting Officer may release the security interest on the individual surety’s assets in support of a bid guarantee based upon evidence that the offer supported by the individual surety will not result in contract award.

(End of Provision)

2.8 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:

N/A email to tiffany.garfield@va.gov

Mailing Address:

Department of Veterans Affairs Veterans Benefits Administration Acquisition Division 1800 G. Street N.W.

Washington DC 20006

(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)

2.9 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—

TBD

(c) Participants will meet at—

TBD

(End of Provision)

2.10 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):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Provision)

2.11 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)

2.12 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

(a) As an alternative to filing a protest with the Contracting Officer, an interested party may file a protest by mail or electronically with: Executive Director, Office of Acquisition and Logistics, Risk Management and Compliance Service (003A2C), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420 or Email: EDProtests@va.gov.

(b) The protest will not be considered if the interested party has a protest on the same or similar issue(s) pending with the Contracting Officer.

(End of Provision) PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:

Or for solicitations issued by the Office of Construction and Facilities Management:

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $39.5 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, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services—Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 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.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). 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.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 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.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 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.

(xvi) 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.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of…