36C24120R0114.docx

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)

11. 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.

36C24120R0114 X 07-02-2020

TBD

631-16-042 00241 Department of Veterans Affairs

VA CENTRAL WESTERN MASSACHUSETTS HCS

Acquisitions-90 421 North Main Street Leeds MA 01053 Department of Veterans Affairs

VA CENTRAL WESTERN MASSACHUSETTS HCS

Acquisitions-90 421 North Main Street Leeds MA 01053 Josee Goldin

(413) 584-4040 ext 3077 Project Title: Front Hill Road Stormwater Repair Project Number: 631-16-042 Project Location: Northampton VA Medical Center, 421 N Main Street, Leeds, MA 01053 Contracting Officer (CO): Karla K. Rotondo, Karla.Rotondo@va.gov Administered by: Heather Libiszewski-Gallien, Heather.Libizewski-Gallien@va.gov, and Dale E. Aubin, Dale.Aubin@va.gov.

Contracting Officer Representative (COR): Josee Goldin 413-584-4040 X2199, Josee.Goldin@va.gov

Brief Description: The contractor shall furnish all labor, tools, materials, and construction to perform work for Front Hill Road Stormwater project at the VAMC Central Western Massachusetts (CWM), 421 North Main Street, Leeds, MA as required by the specification, drawings, wage rates, and terms and conditions incorporated herein. The Government shall award a Firm-Fixed Price Construction Contract to the Offeror whose proposal offers the Best Value to the Government.

The Government intends to award a contract to one offeror without discussions.

This solicitation is a SDVOSB set aside.

A site visit will be held on 7/14/2020 at 10:00 AM.

Requests for Information (RFI's) are due by 2:00PM EST on 7/21/2020 via email to Heather.Libiszewski-Gallien@va.gov and Dale.Aubin@va.gov Total Period of Performance: Work shall be completed in 270 calendar days after the issuance of the Notice-to-Proceed.

Magnitude of Construction is between $500,000 and $1,000,000 under NAICS: 237110 - Size: $39.5M Proposals are due by 2:00PM EST on 8/4/2020 and must be submitted to Heather.Libiszewski-Gallien and Dale.Aubin All proposals must be submitted electronically, no hard copy proposals will be accepted.

All bidders are responsible for monitoring and downloading any amendments from Contract Opportunities on https://beta.sam.gov/ x x 52.211-10 X 1 electronic

2:00PM

08-04-2020 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

00241 Department of Veterans Affairs VA Central Western Massachusetts HCS Acquisitions-90 421 North Main Street Leeds MA 01053 Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971 Karla K. Rotondo

Table of Contents

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

631-16-042 Front Hill Road Stormwater Repair

SCOPE OF WORK

VA Medical Center Leeds, MA Addendum 1 - Front Hill Stormwater Road Repair PROJECT, VACWM, Leeds, MA Project # 631-16-042

1. GENERAL

The VA Central Western Mass requires changes to address changes to existing conditions from when the design was completed and current situation.

2. PROJECT MOD SCOPE OF WORK

Added Work:

None

Deleted Work

a) See Drawing Number C-102 – remove the following items of work from the project scope: CB-208, 12” pipe CB-208 to DMH-108, DMH-108, CB-209, 12” pipe CB-209 to DMH-108, 12” pipe DMH-108 to FE-3, Level Spreader at FE-3, the elimination of CB-79 and CB-80 and associate drainage pipes, and the relocation of the waterline near CB-108.

3. No change period of performance.

5/12/2020

SCOPE OF WORK

VA Medical Center Leeds, MA Front Hill Road Stormwater Repair, VACWM, Leeds, MA Professional Environmental Design Services Project # 631-16-042

4. GENERAL

The VA Central Western Mass requires general contractor to complete stormwater structure and general road repair on the section of Front Hill Road included in the design documents. This work is intended to be performed in a 180 calendar day construction mobilization period during warm weather months but with a 90 calendar day administrative period prior to for submittals and coordination work. All work must meet VHA, OSHA, EPA, and Mass DEP standards.

5. PROJECT SCOPE OF WORK

The general contractor is to complete the construction work laid out in the drawings and specifications provided by the Architect and Engineer firm hired by the VA to upgrade the road. This includes the following tasks:

a) Meet with VA Facilities staff, review existing drawings and estimates, and perform field work necessary to determine required materials and equipment.

b) See included drawings and specifications from the A/E firm. For any conflicts within documents, Specifications are considered first, then drawings, and then the SOW.

c) Permitting:

a. City of Northampton: This is an existing open permit but will require updating the Order of Conditions (WPA Form 5) and the Stormwater Management Permit from the City of Northampton to include timeframe and contractor. All construction period updates to these permits are required by the general contractor in coordination with the VAMC and the AE firm.

b. Mass DEP and EPA: these are the responsibility of the GC where applicable. This includes all environmental and hazardous material permits.

d) Disposal plan included in specifications. Coordinate with VA CWM HCS GEMS coordinator Rob Michalik at 413-584-4040 x 2330 for the signing of the waste manifests.

e) Work will be in accordance with applicable VHA, OSHA, EPA, and Mass DEP standards and regulations.

f) The site shall be left clean of all construction debris and hazardous materials.

g) Design and installation to meet latest edition of the NEC, NFPA, and all applicable building codes.

h) All work shall be performed in accordance with VA Construction Safety Code and OSHA codes.

6. The performance period for this work is 270 Calendar days. The first 90 days will be used as an administrative period and the remaining180 days for construction mobilization after receipt of the notice-to-proceed.

Page 1 of Page 1 of

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

INSTRUCTIONS_ CONDITIONS_ AND NOTICES TO OFFERORS

NOTE: General Wage Decision Number MA20200010 03132020 is hereby incorporated into this solicitation, however it is the responsibility of the contractor prior to the due date of the proposal to regularly check the wage decision so as to include the most current prevailing wage in their proposal. Contractors can view prevailing wages at https://beta.sam.gov/.

PERFORMANCE PERIOD: 270 calendar days after the issuance of the Notice-to-Proceed performed in concurrent or sequential phases as indicated or required.

REQUEST FOR INFORMATION: Submit all requests for information from the prime contractor electronically VIA EMAIL to Heather.Libiszewski-Gallien@va.gov and Dale.Aubin@va.gov. The deadline to submit electronic Requests for Information by the prime contractor is by 2:00PM EST on 7/21/2020. All Requests for Information will be answered in an amendment to the solicitation.

Performance and Payment Bonds Will Be Required After Contract Award in the Amount of 100% of the Contract Price.

Failure to provide the documents will render the proposal noncompliant with solicitation requirements and the proposal will be eliminated from consideration.

INSTRUCTIONS TO OFFERORS

The Government will award a contract resulting from this solicitation using the evaluation method “Lowest Price Technically Acceptable.” This method is appropriate when best value is expected to result from selection of the technically acceptable offer with the lowest evaluated reasonable price. Offers will be evaluated for acceptability but not ranked using the non-price factors. Evaluation factors and significant sub factors that establish the requirements of acceptability are set forth below. Award will be made on the basis of the lowest evaluated reasonable price of proposals meeting the acceptability standards for non-price factors (FAR 15.101-2). The Government intends to evaluate proposals and award a contract without discussions with offerors (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, management approach and past performance. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. The Government reserves the right to waive informalities and minor irregularities in offers received. If a minor clerical error has occurred, then the offeror may be given an opportunity to correct the minor error within the constraints of the "clarifications" process. The following factors shall be used to evaluate offerors on a lowest reasonable price, technically acceptable in accordance with FAR 15.101-2:

This solicitation is for a firm, fixed price construction contract. Award shall be made to the technically acceptable offer that provides the lowest reasonable price as referenced in the Statement of Items. The Government intends to award a contract to one offeror deemed responsible in accordance with Federal Acquisition Regulation (FAR 9.1).

Offerors are required to submit technical proposals addressing the Evaluation Factors A-B identified in Management Approach. The procurement is being conducted utilizing the Lowest Price Technically Acceptable (LPTA) source selection process in accordance with FAR 15.101-2. Proposal will be evaluated for acceptability, but not ranked, using the non-price evaluation factors. Award will be made on the basis of the lowest evaluated reasonable price of proposals meeting the acceptability standards for non-price factors. There shall be no trade-offs. Offers evaluated as not Technically Acceptable will not be eligible for award, regardless of price.

OFFERORS SHALL COMPLETE THE ATTACHED CALCULATION OF SELF-PERFORMED WORK AND SUBMIT THE COMPLETED FORM WITH THEIR PROPOSAL.

The proposal must set forth full, accurate and complete information as required by the solicitation. The Government will rely on such information for the award of the contract. By submission of the offer, the Offeror agrees that all items proposed (if applicable e.g. key personnel, subcontractors, safety plan, etc.) will be utilized for the duration of the contract and any substitutions will require prior Contracting Officer's approval.

The offeror shall be held responsible for the validity of all information supplied in the proposal, including the information provided by potential subcontractors. Should subsequent investigation disclose that the facts and conditions were not as stated, the proposal may be rejected.

1. Price:

The purpose of the Price evaluation is to provide an assessment of the reasonableness of the proposed price in relation to the solicitation requirements. Reasonableness of an offeror's proposal is evaluated through price analysis techniques as described in FAR Subpart 15.305(a) (1) and (4). For Price to be reasonable, it must represent a Price that provides best value to the Government when consideration is given to prices in the market, (market conditions may be evidenced by other competitive proposals), technical and functional capabilities of the offeror.

After Completion of Technical and Past Performance have been determined, the intention of the Government is to award the base lump sum item contingent upon funding limitations. Should all proposals for the base lump sum, item 1 exceed the funding limitations for this project, the Government will cancel the solicitation.

2. Management Approach - Technical Qualifications: The Government will rate an offeror's Technical proposal, at the factor level, using an acceptable or unacceptable rating that combines technical merit and proposal risk that most accurately defines the offeror's performance risk considering all subfactors identified in this section. Sub-factors A-B will be evaluated as “Acceptable or Non-Acceptable”. The Government intends to make a single award to the lowest priced technically acceptable offer. To receive an overall acceptable rating and be eligible for award, the offeror must be technically acceptable in each of the Five (5) sub-factors identified below.

A. Technical Approach Using the information submitted in response to the solicitation, the Government will evaluate the offeror’s ability to successfully perform the requirements of the project. To be evaluated as acceptable the offeror must provide a narrative that addresses the functions, responsibilities, authorities, and duties of proposed technical staff to determine if the offeror has the ability to manage and perform the project without significant difficulty for this evaluation and sub-factors. Specific details should also be addressed in the proposal to demonstrate sequence of work to be performed in a realistic fashion; i.e. coordination with subcontractors, etc. The narrative should also identify key personnel proposed for the project and their documented experience on successful completion of contracts. Cost control successes should be documented for other completed contracts. Proposal addresses ability to work cooperatively with other contractors working in adjacent spaces and also addresses the ability to work in occupied spaces, including flexibility with scheduling in order for the VA to continue to provide services required for our patients.

B. Effective Construction Safety Plan and demonstrated satisfactory record of safety performance on past projects Using the information submitted in response to the solicitation, the Government will evaluate the offeror’s ability to submit and comply with an effective construction safety plan that meets the requirements of the Construction Safety Plan in the solicitation. The offeror shall develop a proposed plan in response to this evaluation sub-factor. Additionally, the proposal shall include documentation regarding the successful training of personnel in accordance with OSHA requirements (i.e., 30-hour or 10-hour completed OSHA training.) The narrative demonstrates familiarity with and/or plans to adhere to OSHA requirements and other safety requirements incorporated in the solicitation. Additionally, the proposal shall contain relevant information regarding any safety accidents or violations and corrective action taken or demonstrates no documented violations. Offeror shall demonstrate that the company has no more than three serious, or one repeat, or one willful OSHA or EPA violation(s) in the past three years and has an Experience Modification Rate (EMR) of equal to or less than 1.0. Training and other related documentation is provided for key personnel proposed to work on this project. Offeror shall complete the attached Pre-Award Contractor Evaluation Form for Safety and submit it with your narrative response to this sub-factor. To be evaluated as acceptable the offeror must submit a proposed plan in response to this evaluation factor addressing the requirements of the safety and training requirements. The offeror shall also complete the attached Pre-Award Contractor Evaluation Form for Safety and submit it with your narrative response for this evaluation factor.

Technical Acceptable/Unacceptable Ratings at Factor Level

3. Past Performance Previous experience will be evaluated as “Acceptable or Non-Acceptable”. To be acceptable, offerors must provide information demonstrating they have successfully performed as prime contractor within the last five (5) years* on a least One (1) construction project of equal or greater size and complexity within the same or similar scope of work as work is identified in the project as described by the drawings and specifications of this solicitation in the price range of $500,000 to $1,000,000.00. This information shall be submitted on the “Past Performance Sheet for Contractors” that is attached. (Note: A separate form shall be submitted for each contract). The past performance information forms provided with the proposal will be used for this evaluation factor. Additionally, past performance information shall be obtained by the Contract Specialist from any other sources available to the Government to include, but not limited to, CPARS or other databases; interviews with Program Managers, Contracting Officers, and/or Contracting Officer Representatives.

*The (5) five years shall be calculated from the solicitation issue date.

**Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.” Aspects of Past Performance Evaluation: The past performance evaluation results are an assessment of the offeror’s probability of meeting the minimum past performance solicitation requirements. This assessment is based on the offeror’s record of relevant and recent past performance information that pertains to the requirements outlined in the solicitation.

There are two aspects to the past performance evaluation. The first is to evaluate the offeror’s past performance to determine how relevant a recent effort accomplished by the offeror is to the effort to be acquired through the source selection. The criteria to establish what is recent and relevant are listed above. Consideration should be given to those aspects of an offeror’s contract history that would give the greatest ability to measure whether the offeror will satisfy the current procurement. Common aspects of relevancy include similarity of service/support, complexity, dollar value, contract type, and degree of subcontract/teaming.

Recency, as it pertains to past performance information, is a measure of the time that has elapsed since the past performance reference occurred. Recency is generally expressed as a time period during which past performance references are considered relevant.

Relevancy, as it pertains to past performance information, is a measure of the extent of similarity between the service/support effort, complexity, dollar value, contract type, and subcontract/teaming or other comparable attributes of past performance examples and the source solicitation requirements; and a measure of the likelihood that the past performance is an indicator of future performance.

Past Performance Relevancy Ratings

The second aspect of the past performance evaluation is to determine how well the contractor performed on the contracts. The past performance evaluation performed in support of a current source selection does not establish, create, or change the existing record and history of the offeror’s past performance on past contracts; rather, the past performance evaluation process gathers information from customers on how well the offeror performed those past contracts.

Sources of Past Performance Information for Evaluation are as follows:

• Past performance information shall be provided by the offeror, as solicited.

• Past performance information shall be obtained from questionnaires tailored to the circumstances of the acquisition.

• Past performance information shall be obtained from any other sources available to the Government, to include, but not limited to, the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), or other databases; interviews with Program Managers, Contracting Officers, and Contracting Officer Representatives. The Past Performance Evaluation Team will review this past performance information and determine the quality and usefulness as it applies to overall performance.

Once relevancy and overall performance have been reviewed, an overall acceptable or unacceptable rating will be assigned to each offeror based on the below definitions.

Overall Past Performance Evaluation Ratings

SUBMISSION OF PROPOSAL

Important Note: Respond to all requirements of the solicitation. The Government intends to award a contract resulting from this solicitation without holding discussions, therefore, offerors shall ensure that their initial proposal provides the best terms from a price and technical standpoint.

Offerors shall submit proposals, in response to this solicitation, in two separate volumes as follows:

VOLUME I – MANAGEMENT APPROACH and PAST PERFORMANCE:

Include all information required for evaluation, excluding any reference to price. Offerors shall provide 1 electronic copy of Volume I. Address all required evaluation criteria above.

The proposal shall concisely describe the offeror's response to the requirements of the solicitation. Elaborate artwork, expensive paper or bindings, and expensive visual or other aids are not necessary. Additionally, the use of general or vague statements such as "standard procedures will be used' or "good business practices will be employed' are not acceptable. Volume I shall not exceed 50 pages. Tab each section and number each page in each section. Provide a table of contents.

VOLUME II – Price Proposal Requirements:

Include all information required for evaluation as well as the required completed solicitation sections and the Self-Performance Calculation Worksheet. Offerors shall provide 1 electronic copy of Volume II. Address all required evaluation criteria, as specified below.

The price proposal shall consist of the following: The offeror shall complete the SF1442 pricing schedule, Statement of Items, Itemized Cost Breakdown, and Self-Calculation for Limitations on Subcontracting sheet and submit to the Contracting Office prior to or on the date specified for receipt of proposals. The offeror shall submit an Itemized Cost Breakdown with their proposal in sufficient detail to permit a complete analysis of labor burden, materials, equipment, transportation, supervision, disposal costs and overhead and profit and shall cover all work involved in the contract. Additionally, the offeror shall submit the Representations and Certification incorporated in FAR 52.204-8.

Proposal Volumes and the electronic copy are due by the date and time set for the receipt of proposals shown in Block 13 of the SF 1442.

Email is preferred to Dale.Aubin@va.gov and Heather.Libiszewski-Gallien@va.gov.The subject line shall state 36C24120R0114 Past Performance for (Name of Company).

NOTE: Offeror or subcontractor must not review the Past Performance Questionnaire prior to submission. They must be submitted by the client/evaluator directly to the Contracting Officer. Offerors should follow-up and encourage references to get the questionnaires to the Contracting Officer in a timely manner. Do not include copies of the letters or questionnaires in the proposal.

In the event the proposal file size exceeds 20MB, break it down into multiple files and submit via email.

**NO FACSIMILE PROPOSALS WILL BE ACCEPTED**

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

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

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

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

(End of Provision)

2.3 52.225-10 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)

2.4 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, 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)

2.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Heather Libiszewski-Gallien

Hand-Carried Address:

Department of Veterans Affairs VAMC Central Western Massachusetts Building 7, Room 105 421 North Main Street Leeds MA 01053 Mailing Address:

Department of Veterans Affairs VAMC Central Western Massachusetts Building 7, Room 105 421 North Main Street Leeds MA 01053

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

2.6 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) 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— 7/14/2020 at 10:00AM EST.

(c) Participants will meet at— Outside by the front entrance of Building 2 (End of Provision)

2.7 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)

(a) Any protest filed by an interested party shall—

(1) Include the name, address, fax number, email 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)

2.8 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:

2.9 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)

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 237110.

(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 USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.

(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations.

(xxiv) 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.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[X](i) 52.204-17, Ownership or Control of Offeror.

[X](ii) 52.204-20, Predecessor of…