36C24124R0030 Solicitation.docx

36C24124R0030

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.

1 of 36C24124R0030 X 02-05-2024

TBD

None Boston SATOCs 36C241 Network Contracting Office 1 will be assigned per task order

See Instructions

Heather Libiszewski-Gallien 413-584-4040 x6386 This solicitation is a 100% Service-Disabled Veteran-Owned Small Business (SDVOSB) Set Aside. Offerors shall be certified in the Veteran Small Business Certification (VetCert) database at https://veterans.certify.sba.gov at the time of proposal submission.

The Department of Veterans Affairs, Boston Healthcare System, consisting of VA Medical Centers (VAMCs) Jamaica Plain, West Roxbury, and Brockton, MA has a requirement for three (3) Construction Indefinite-Delivery Indefinite-Quantity (IDIQ) Single Award Task Order Contracts. The maximum limit per contract is $7,000,000.00 per contract or a five-year period, whichever comes first. The applicable North American Industry Classification System (NAICS) code is 236220 and the Small Business Size Standard is $45M.

The Solicitation and all information, notices, and amendments will be posted on: https://sam.gov/content/opportunities

The five (5) year contract period will begin upon issuance of a Notice-to-Proceed (NTP).

The minimum guaranteed order for each contract is one (1) task order valued at $2,000.00 with a guaranteed fee of $2,000.00 for the life of the contract. The maximum amount per task order is $500,000.00.

RS Means shall be utilized for pricing of future task orders; offerors shall propose a coefficient that will be utilized for the life of the contract.

The Government intends to award three (3) SATOC IDIQ contracts; one (1) for each of the three (3) Boston VAMCs. Offerors shall provide one (1) proposal for each facility that they would like to be considered.

*per TO *per TO x x 52.211-10 X per task order 1 electronic

1:00PM

EST

03-07-2024 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

See Price Schedule 36C241 Department of Veterans Affairs VA Central Western Massachusetts HCS Acquisitions-90 421 North Main Street Leeds MA 01053-9764 Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971 Heather Libiszewski-Gallien Contracting Officer

Table of Contents

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

VAMC Brockton, MA SATOC Contract Coefficient:

Period of Performance: NTP + five-year period or $7,000,000.00 maximum limit per contract, whichever comes first.

Contract Period: Base PRINCIPAL NAICS CODE: 236220 - Commercial and Institutional Building Construction PRODUCT/SERVICE CODE: Z2DA - Repair or Alteration of Hospitals and Infirmaries

VAMC Jamaica Plain, MA

Period of Performance: NTP + five-year period or $7,000,000.00 maximum limit per contract, whichever comes first.

Contract Period: Base

VAMC West Roxbury, MA

Period of Performance: NTP + five-year period or $7,000,000.00 maximum limit per contract, whichever comes first.

Contract Period: Base

This is a Request for Proposal (RFP) for the Boston Healthcare System Single Award Task Order Contracts (SATOC) to support VA Medical Centers Brockton, Jamaica Plain, and West Roxbury. Please see the instructions below for information on submission requirements.

Page 1 of Page 1 of

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

1. Bid Bonds will be required on a task order basis.

2. Payment bonds, Performance Bonds, and other payment protections will be required on a task order basis.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

Introduction

1. Scope: The VA Boston Healthcare System, consisting of VA Medical Centers Brockton, Jamaica Plain, and West Roxbury, have a need for general construction services for the maintenance, alterations, and repair of buildings, structures, or other real property projects.

2. As a result of this solicitation, the Government intends to award three (3) indefinite-Delivery Indefinite-Quantity (IDIQ), Single Award Task Order Contract (SATOC) contracts, one (1) contract for each of the three (3) Boston VA medical centers.

3. Work performed under these contracts/and or Task Orders will fall under NAICS 236220. The size standard for offerors responding to this RFP is $45M, as provided in Commercial and Institutional Building Construction.

4. The solicitation is 100% set-aside for Service-Disabled Veteran Owned Small Business (SDVOSB), as a Request for Proposal (RFP) for a firm fixed price, IDIQ contract for construction services.

5. Requests for Information (RFIs) shall be submitted via email to Heather.Libiszewski-Gallien@va.gov by 4:00PM EST on February 23, 2024.

6. Offerors are strongly encouraged to frequently check Contract Opportunities at https://sam.gov/content/opportunities for any changes made to the solicitation.

7. Proposal Expenses and Pre-contract costs: This RFP does not commit the Government to pay costs incurred in preparation and submission of initial and subsequent proposals or for other costs incurred prior to award of a formal contract.

8. Disposition of additional copies of successful and unsuccessful proposals: In compliance with FAR Subpart 4.8 the Government will retain one electronic copy of all proposals. The Government will destroy extra copies of proposals. No destruction certificate will be provided.

9. Proposal Acceptability: Offerors are cautioned to strictly comply with all instructions within this solicitation to ensure submission of a complete proposal. Incomplete proposals may not be evaluated or considered for award.

Proposal Preparation Instructions

1. Proposal Preparation Instructions

1.1. These instructions prescribe the format of proposals and the development and presentation of the proposal data. These instructions are designed to ensure the proper submission of information necessary to provide for comprehensive evaluation of proposals. Offerors shall carefully review this section prior to commencing proposal preparation and take the necessary measures to ensure that the information submitted is factual, accurate, and complete.

1.2. In order for a proposal to be considered, Offerors must strictly comply with all instructions outlined in this solicitation. Failure to furnish proposals that comply with the instructions may result in elimination from consideration for award. Furthermore, all solicitation amendments (if any) must be acknowledged in accordance with FAR Clause 52.215-1--Instructions to Offerors.

1.3. If offerors are interested in award of a SATOC at more than one of the Boston VAMCs, they shall submit one (1) proposal for each facility.

2. Submission Instructions

2.1. Submit one (1) electronic copy of the proposal by email to Heather.Libiszewski-Gallien@va.gov. If the file is too large to send via email, the offeror may send multiple emails.

2.2. Offerors shall submit one (1) proposal for each station they would like to be considered for and shall clearly mark which VAMC the proposal is for-VAMC Brockton, West Roxbury, or Jamaica Plain.

3. Proposal Due Date

3.1. Proposals are due by the date and time set forth in block 13a of the SF1442.

4. Proposal Format

4.1. Volume 1 shall consist of two sections, Factor 1 Technical Information and Factor 2 Past Performance.

4.2. Volume 2 shall consist of Factor 3, Offer Documents, and Price Information.

4.3. Indexing: Each volume will contain a “Table of Contents.” The “Table of Contents” will identify major areas, paragraphs and subparagraphs by number and title as well as by page number and locations.

5. Proposal Contents

5.1. Factor 1 shall include Technical Information and no price information.

5.1.1. Subfactor 1 Capability and Experience

5.1.2. Subfactor 2 Key Personnel

5.1.3. Subfactor 3 Quality Control

5.1.4. Subfactor 4 Scheduling Methodology

5.1.5. Subfactor 5 Safety

5.1.6. Subfactor 6 Infection Control

5.2. Factor 2 shall include Past Performance and no price information.

5.2.1. Past Performance Questionnaires (PPQs)

5.3. Factor 3 shall include the following:

5.3.1. Completed in its entirety the “Offeror” portion of the SF1442 including acknowledgement of any amendments issued.

5.3.2. Representations and Certifications

5.3.3. Schedule for Coefficients

5.3.4. VAAR 852.219-75 VA Notice of Limitations on Subcontracting—Certificate of Compliance for Services and Construction

6. General Instructions: In order to evaluate each proposal, it is necessary that each offeror respond to all items in the same order as presented herein. Offers shall be organized with sections appropriately identified. Offerors are to describe how they intend to fulfill the requirements of this solicitation and how their total offer will meet the minimum needs of the specifications. The response should be concise and provide sufficient information to demonstrate the offeror’s capability to satisfactorily perform the requirements.

6.1. Factor 1 Technical Information

6.1.1. Subfactor 1 Capability and Experience

6.1.1.1. The Offeror shall provide a minimum and maximum of five (5) recent and relevant construction projects (projects provided in addition to the five (5) will not be evaluated) and include the following information:

Offeror (Your) Name (Company/Division):

Contract Number:

Project Number and Title:

Location:

Contracting Officer and Contact Information (Phone and Email):

End User and Contact Information (Phone and Email):

Location:

Type of Contract (Design/Bid/Build, Design/Build):

Award Amount: $ Final Amount: $ Award Date:

Notice to Proceed Date:

Original Scheduled and Actual Completion Dates:

Number of Change Orders and Reason for Changes:

OSHA Citations (If Applicable):

List all Major Subcontractors and Contact Information (Phone and Email):

Provide detailed description of the work performed under the contract and describe why you believe the work is relevant.

Relevant projects: defined as projects with various construction disciplines performed in hospitals, followed by work performed in other medical facilities, followed by work performed in other facilities with different infection control measures (i.e. work in regular hospital space, operating rooms/suites) with a magnitude ranging from $35,000-$500,000.

Recent projects: defined as projects completed within five (5) years from the solicitation issue date.

6.1.1.2. Provide a letter from the offeror’s surety company addressing ability to obtain bonding and the limits of bonding capacity per project, per aggregate. The inability of an offeror to have the ability to obtain adequate payment protections (performance and payment bonds and alternative payment protections for construction contracts as prescribed in FAR 28.102) may exclude them from award.

6.1.2. Subfactor 2 Key Personnel

6.1.2.1. The Offeror shall propose one (1) team that consists of key personnel (Project Manager, Quality Control Manager, Site Superintendent, Site Safety & Health Officer) that will perform multiple projects at each Medical Center and meet the minimum qualifications of the Statement of Work.

Offerors shall include the following information with their submission:

Name of the Individual:

Company Employed by:

Company Position Title:

Resume that includes education and relevant experience:

The proposed Key Personnel will be used on Task Orders and substitutions will require prior written approval of the Contracting Officer.

6.1.3. Subfactor 3 Quality Control

6.1.3.1. Submit a narrative explaining the offeror’s company policy regarding quality control and how they intend to achieve their standard in the following construction operations both onsite and offsite:

Coordination/integration with submittals Schedules Acceptance testing Performance testing Commissioning.

In addition to what is requested above in the narrative, also include the elements for successful partnering, communication, commitment, and conflict resolution. The QC discussion should provide a detailed explanation of how quality issues are dealt with on various types of construction projects.

6.1.4. Subfactor 4 Scheduling Methodology

6.1.4.1. Provide a schedule for a project that was listed under Subfactor 1, Capability and Experience, and a narrative on how the offeror managed the following within the project period of performance:

Submittals Shutdowns Change Orders Unforeseen Conditions Timely Completion (if not completed on time explain why)

6.1.5. Subfactor 5 Safety

6.1.5.1. Discuss your corporate safety policy and provide at a minimum, details on training, documentation, and your plan to ensure adherence to OSHA Standards. Include documentation regarding the successful training of personnel in accordance with OSHA requirements (i.e., 30-hour or 10-hour completed OSHA training) as well as relevant information regarding any safety accidents or violations and corrective action taken or demonstrates no documented violations.

6.1.6. Subfactor 6 Infection Control

6.1.6.1. Provide a narrative on how to address the Infection Control Risk Assessment (ICRA) and Pre-Construction Risk Assessment (PCRA) for Large-Scale Construction projects (Large-Scale in this case is defined as projects beyond a period of performance of six months regardless of the dollar value) and for all levels of ICRA (Levels I-IV). The proposal should address, at a minimum, supervision, employee responsibilities, work practices, training, materials and equipment, and risk assessment methods (See Attachment 1 VHA Boston ICRA and Attachment 2 VHA Boston PCRA).

6.2. Factor 2 Past Performance

6.2.1. PPQs–Offerors shall prepare and submit to prior client(s) a minimum of two (2) PPQs (Attachment 3 PPQ) for at least 2 relevant projects with a magnitude ranging from $35,000 to $500,000, and instruct clients to forward directly to Heather.Libiszewski-Gallien@va.gov no later than the proposal due date. In addition to submitting to clients, offerors shall include the first two pages of the PPQ with contract/client information in their past performance submission. Offerors are encouraged to provide PPQs for other projects in addition to the ones provided under Subfactor 1.

6.2.2. Offerors lacking relevant past performance history may submit information regarding predecessor companies or key personnel who have performed on other contracts. Such information shall, as a minimum, include: Name(s) of Predecessor Company/Sub-contractor and/or Key Personnel and include: Complete Address and Point of Contact; Telephone, Fax Number and email address.

6.2.3. Offerors shall include with their proposal information problems that were encountered on the identified contracts and the Offeror’s corrective actions.

6.2.4. Offerors may also include construction awards, customer letters of commendation, etc., with points of contact and telephone numbers for any relevant projects.

6.2.5. For offerors that are joint ventures, the evaluation will take into account past performance of the joint venture. If the joint venture does not demonstrate past performance for award, the contracting officer will consider the past performance of each party to the joint venture.

6.3. Factor 3 Price

6.3.1. Complete the Schedule with offeror’s proposed coefficient (offerors to provide one (1) Schedule per VA Medical Center).

Basis for Award and Evaluation Factors

1. Basis for Award

1.1 The Government intends to use the “Best Value” tradeoff process source selection approach in accordance with FAR 15.101-1. To arrive at a Best Value decision, the Source Selection Authority, using the SSEB documentation will integrate the evaluation of Past Performance, Technical and Price. Past Performance and Technical are of equal weight, but when combined, are significantly more important than Price.

1.2 The Contracting Officer will conduct a proposal compliance review after closing for determination of basic proposal adequacy prior to commencing evaluation. Failure to provide a complete proposal consisting of all required information/documents and the coefficient rate may result in the proposal being determined incomplete and no longer considered for award.

1.3 Although the assessment of Past Performance as a specific evaluation factor is separate and distinct from the Determination of Responsibility required by FAR Part 9, Past Performance information obtained herein will be used during the Government’s responsibility determination. The Government also reserves the right to obtain additional information solely for the purpose of making a responsibility determination from all offerors after receipt of proposals. Requests for responsibility information do not constitute discussions.

1.4 Enforceability of proposal: The proposal must set forth full, accurate and complete information as required by this solicitation. The Government will rely on such information in the award of a contract. By submission of the offer, the Offeror agrees that all items proposed (if applicable e.g., key personnel, plans, etc.) will be utilized for the duration of the contract and any substitutions will require prior written consent of the Contracting Officer.

1.5 The offeror shall be held responsible for the validity of all information supplied in his/her proposal. Should subsequent investigation disclose that the fact and conditions were not as stated, the proposal may be rejected.

1.6 SDVOSBs must be verified in the Veteran Small Business Certification (VetCert) database at https://veterans.certify.sba.gov at the time of proposal submission and at the time of award.

1.7 Joint Ventures shall comply with requirements of 13 CFR Part 128.402.

2. Evaluation Factors

2.1 The following factors will be used to evaluate proposals.

2.1.1 Factor 1 Technical Information

2.1.1.1 Subfactor 1 Capability and Experience

2.1.1.2 Subfactor 2 Key Personnel

2.1.1.3 Subfactor 3 Quality Control

2.1.1.4 Subfactor 4 Scheduling Methodology

2.1.1.5 Subfactor 5 Safety

2.1.1.6 Subfactor 6 Infection Control

2.1.2 Factor 2 Past Performance

2.1.3 Factor 3 Price

2.2 Factor 1 Technical Information

2.2.1 The Government will assign ratings for the offeror's technical proposal, at the factor level, using an adjectival rating that combines technical merit and proposal risk that most accurately defines the offeror's performance risk considering all subfactors identified in this section. The technical evaluation will be divided into six (6) subfactors. Subfactor 1, Capability and Experience, is more important than Subfactors 2 through 6, which are of equal importance.

2.2.2 Subfactor 1 Capability and Experience

2.2.2.1 The Government will evaluate the offeror’s recent and relevant experience and the ability to obtain adequate payment protections (performance and payment bonds and alternative payment protections for construction contracts as prescribed in FAR 28.102) for construction projects ranging from $35,000-$500,000.

2.2.3 Subfactor 2 Key Personnel

2.2.3.1 The Government will evaluate the offeror’s proposed team to ensure they meet the minimum requirements in the statement of work.

2.2.4 Subfactor 3 Quality Control

2.2.4.1 The Government will evaluate the offeror’s proposed quality control activities and how they plan on achieving their standard.

2.2.5 Subfactor 4 Scheduling Methodology

2.2.5.1 The Government will evaluate the offerors’ scheduling methodology to determine if the offeror has scheduling processes that ensure the offeror has the ability to manage the stated tasks and ensure completion and control of the project from beginning to the end.

2.2.6 Subfactor 5 Safety

2.2.6.1 The Government will evaluate the offerors’ corporate safety policy to ensure adherence to OSHA safety standards.

2.2.7 Subfactor 6 Infection Control

2.2.7.1 The Government will evaluate the offeror’s narrative on how to address the ICRA and PCRA for Large-Scale Construction projects (Large-Scale in this case is defined as projects beyond a period of performance of six months regardless of the dollar value) and for all levels of ICRA (Levels I-IV).

2.3 Factor 2 Past Performance

2.3.1 The Government will evaluate past performance to assess the risk associated with an offeror’s likelihood of success in performing the solicitation’s requirements as indicated by an offeror’s record of past performance under other contracts. The Contracting Officer will consider references from either inside or outside the federal government, so long as the performance is recent (five years from the issuance of the RFP) and relevant (for the same or similar work). The Contracting Officer may also consider past performance information from sources other than those provided by the offerors.

2.3.2 In the case of an offeror without a record of recent/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 will not be evaluated favorably or unfavorably on past performance and will be considered neutral.

2.3.3 Offerors are advised that in evaluating past performance the Government may use all data provided by the Offeror and data obtained from other sources. Past Performance information regarding contracts not listed by the Offeror may also be evaluated. The Government may contact references provided by the Offeror, as well as any other source it identifies, and information received may be used in the evaluation of the Offeror’s Past Performance. While the Government may elect to consider data obtained from other sources, the burden of providing current, accurate and complete Past Performance information rests with the Offeror.

2.3.4 Past Performance Definitions

2.3.4.1 Recent projects: defined as completed within five (5) years from the solicitation issue date.

2.3.4.2 Relevant projects: defined as projects with various construction disciplines performed in hospitals, followed by work performed in other medical facilities, followed by work performed in other facilities with different infection control measures (i.e. work in regular hospital space, operating rooms/suites) with a magnitude ranging from $35,000-$500,000.

2.4 Factor 3 Price

2.4.1 The submitted pricing will be evaluated for reasonableness utilizing one or more of the price analysis techniques set forth in FAR 15.305.

3. Evaluation

3.1 Discussions: 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 and technical approach. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

3.2 Award Decision: The firms that represent the best value to the Government will be selected for award of a SATOC basic contract. The Government intends to award three (3) indefinite-Delivery Indefinite-Quantity (IDIQ), Single Award Task Order Contracts (SATOC), one (1) contract for each of the three (3) Boston VAMCs.

3.3 Debriefings: Offerors excluded from the competition before award, may submit a written request for a debriefing to the Contracting Officer in accordance with FAR 15.505. After award, unsuccessful offerors may submit a written request for a debriefing to the Contracting Officer in accordance with FAR 15.506. Email Heather.Libiszewski-Gallien@va.gov to request a debrief.

2.1 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed-Price, Indefinite Delivery, Quantity contract resulting from this solicitation.

(End of Provision)

2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

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

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

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

(End of Provision)

2.3 52.225-10 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 52.233-2 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 Heather.Libiszewski-Gallien@va.gov

Contracting Officer Hand-Carried Address:

Department of Veterans Affairs VAMC Central Western Massachusetts Network Contracting Office 1 421 North Main Street Leeds MA 01053-9764 Mailing Address:

Department of Veterans Affairs VAMC Central Western Massachusetts Network Contracting Office 1 421 North Main Street Leeds MA 01053-9764

(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)

2.5 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— specific info will be provided on a task order basis.

(c) Participants will meet at— specific info will be provided on a task order basis.

(End of Provision)

2.6 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)

2.7 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:

2.8 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):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Provision)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023)

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

(2) The small business size standard is $45 Million.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(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 is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(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 is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(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 products or commercial services.

(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 II and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.

(C) If the acquisition value is $92,319 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 Offeror.

[](iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

[](iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Certification.

[](v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Certification.

[](vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

[](vii) 52.227-6, Royalty Information.

[](A) Basic.

[](B) Alternate I.

[](viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through…