36C24125R0038_Solicitation.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.

36C24125R0038

X 04-30-2025

631-18-003 36C241 Department of Veterans Affairs Network Contracting Office 1

VA CENTRAL WESTERN MASSACHUSETTS HCS

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

VA CENTRAL WESTERN MASSACHUSETTS HCS

421 North Main Street Leeds MA 01053-9764 Brian Kelly 413-584-4040 x6722 This solicitation is a Request for Proposal (RFP) for 631-18-003 Correct Deficiency Generator Building 1WA 1EA located at the VA Central Western Massachusetts HCS, 421 North Main Street, Leeds, MA 01053. Contractor to furnish all labor, materials equipment, transportation, disposal, and supervision necessary to complete construction as described herein and defined by this RFP, in accordance with the terms and conditions, drawings, and specifications attached.

Applicable wage rates as incorporated herein.

In accordance with VAAR 836.204, the magnitude of construction is between $1,000,000.00 and $5,000,000.00.

The NAICS code is 238210.

This solicitation will be evaluated and competed as full and open competition.

A site visit will be held on 04/23/2025 at 1:00PM EST. Participants shall meet COR Nathan Zajac at the flagpole in front of Building 1. Please park in visitor parking and not in spots designated for patient parking.

Request for Information of a technical nature must be provided by 1:00PM EST on 4/30/2025 in writing and shall be submitted by the prospective offerors only by email to nco1constructionteam2proposals@va.gov. Oral questions are not acceptable. The subject line shall read: 631-18-003 Correct Deficiency Generator Buildings 1WA 1EA Technical Questions.

All interested parties are responsible for monitoring and downloading any amendments from Contract Opportunities, https://sam.gov/content/opportunities.

The statement in Block 13a on page 1 of the SF1442 does notapply to this Request for Proposal (RFP). Offerors shall submit their proposals via email to nco1constructionteam2proposals@va.gov by 1:00PM EST on 05/14/2025. Only electronic proposals will be accepted.

X X

52.211-10 X

1:00PM

EDT

05-14-2025

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/Cost Schedule

36C241 Department of Veterans Affairs Network Contracting Office 1 VA Central Western Massachusetts HCS 421 North Main Street Leeds MA 01053-9764

All invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Request http://fsc/va/gov/einvoice.asp

Chelsea Rodrigue

VA-VHA-RPOE-2024-0035

Table of Contents

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

631-18-003 Correct Deficiency Generator Buildings 1W 1EA with Building Metering, Communication System wiring for Building Management System integration, Dry Chemical Fire Suppression System, and Remove and Replace current Generator Day Tanks in Building 1WA and 1EA.

This pricing is the entire scope.

631-18-003 Correct Deficiency Generator Buildings 1W 1EA with Communication System wiring for Building Management System integration, Dry Chemical Fire Suppression System, and Remove and Replace current Generator Day Tanks in Building 1WA and 1EA.

Deducts Building Metering from pricing.

631-18-003 Correct Deficiency Generator Buildings 1W 1EA with Dry Chemical Fire Suppression System, and Remove and Replace current Generator Day Tanks in Building 1WA and 1EA.

Deducts Building Metering and Communication System wiring for Building Management System integration from pricing.

631-18-003 Correct Deficiency Generator Buildings 1W 1EA with Remove and Replace current Generator Day Tanks in Building 1WA and 1EA.

Deducts Building Metering, Communication System wiring for Building Management System integration, and Dry Chemical Fire Suppression System from pricing.

631-18-003 Correct Deficiency Generator Buildings 1W 1EA Deducts Building Metering, Communication System wiring for Building Management System integration, Dry Chemical Fire Suppression System, and Remove and Replace current Generator Day Tanks in Building 1WA and 1EA from pricing. This is the base bid.

Page 1 of Page 1 of

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

1.1 INSTRUCTIONS TO OFFERORS

The Government will award a contract resulting from this solicitation using the evaluation method “Lowest Price Technically Acceptable (LPTA).” 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(c)). 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 within the approved construction budget, as referenced in the Statement of Items and Section 1 Price information below. This requirement contains deductive line items. Should the price of the entire scope exceed the approved budget cost, the Government will then review the next line item. The Government will review each line item and will proceed to the next line item until the proposed price is within the approved budget. The Government intends to award a contract to one offeror deemed responsible in accordance with Federal Acquisition Regulation (FAR 9.1).

This procurement is a set for Full and Open competition.

Offerors are required to submit technical proposals addressing the Evaluation Factors below. 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.

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 15.404. 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. In the event line item one, which includes all options, exceeds the approved construction budget, line item two will be evaluated. In the event line item two exceeds the approved construction budget then line item 3 will be evaluated. In the event line item 3 exceeds the approved construction budget, then line item 4 will be evaluated. In the event line item 4 exceeds the approved construction budget, then line item 5, which is the base bid, will be evaluated.

1. 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 sub-factors identified in this section. Sub-factors A-D will be evaluated as “Acceptable or Unacceptable”. 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 Four (4) sub-factors identified below.

1. Ability to adhere to construction schedule for completion within 470 calendar days from Notice to Proceed (NTP) as specified in the solicitation for the period of performance (POP).

Using the information submitted in response to the solicitation, the Government will evaluate the offerors’ scheduling methodology to determine if they have scheduling processes that ensure completion and control of the project from beginning to end. To be evaluated as acceptable the offeror must provide a sample schedule that demonstrates an understanding of the limitations of the schedule as well as an understanding that an appropriate schedule will result in successful completion of the project for this evaluation factor. If the offeror plans to use a fast-track approach to permit early mobilization and construction, this approach shall be described. Proposals describe capability to meet CPM form requirements and demonstrate, with a sample schedule, the ability to appropriately utilize this method of scheduling. Based on the information provided in response to the RFP, evaluate the schedule and make an acceptability determination as to the offeror’s ability to meet the contract completion time.

1. 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. Resumes shall be submitted for all key personnel to coincide with the narrative. Please note, key personnel proposed are expected to perform on this job and any substitutions shall require the permission of the Contracting Officer. 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.

1. Expertise in electrical work, shutdowns, and Automatic Transfer Switch replacement in a Healthcare setting.

Using the information submitted in response to the solicitation, the Government will evaluate the offeror’s ability to perform work required under this project with relation to expertise in electrical work, shutdown in healthcare settings, Automatic Transfer Switch (“ATS”) replacement in Healthcare setting, ICRA and safety in Healthcare setting, management in Healthcare setting. To be evaluated as acceptable the offeror must provide a narrative that addresses prior projects that are directly related in scope, complexity, magnitude, and cost to this requirement completed within the past five (5) years. The proposal narrative shall adequately describe the projects that are relevant to this requirement that were preformed directly by the General Contractor. The narrative shall also address any equipment to be utilized (owned or rented); any other documentation relative to this project to demonstrate expertise in performing electrical work, shutdowns, ATS replacement in a Healthcare setting.

1. 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 comply with an effective construction safety plan submitted in response to the requirements of 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. 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.

1. Past Performance

Previous experience will be evaluated as “Acceptable or Unacceptable”. To be acceptable, offerors must provide information demonstrating they have successfully performed as prime contractor within the last five (5) years* on at least Two (2) construction projects 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 $1,000,000 to $5,000,000.00.

Offeror shall submit the following for past performance:

· Past Performance Information Form for each project provided. The past performance information forms provided with the proposal will be used for this evaluation factor.

· CPARS for each project provided under past performance.

· If a CPARS is not available for that project, the offeror shall submit a past performance questionnaire (PPQ) to your previous clients to complete (the PPQ that is attached to the solicitation).

· In the event a PPQ is not received by the Government from a previous client, the Contractor shall submit the first page of the PPQ with the contract/client information so the Government can contact the client.

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, PPIRS or other databases; interviews with Program Managers, Contracting Officers, and/or Contracting Officer Representatives.

*The five (5) 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 expressed as a time period during which past performance references are considered relevant. The time period is five (5) years from the solicitation issue date.

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

1. Veterans Preference

Veterans Preference Solely for purposes of price evaluation and implementation of the veteran’s first act, the proposed price of any CVE SDVOSB offeror shall be evaluated as if it were 3% less than the offerors actual proposed price so as to afford the SDVOSB a competitive advantage. The proposed price of any CVE VOSB shall be evaluated as if it were 2% less than the actual proposed price so as to afford the VOSB a competitive advantage. These price adjustments as solely and only for implementation of the preferences of the Veterans First Act and the price evaluation in the LPTA phase. In the event an SDVOSB or VOSB is in line to receive an award, the actual award value and the actual obligation to an SDVOSB or VOSB shall not reflect any such 3% or 2% reduction but rather the true offeror proposed price. Example: A technically acceptable SDVOSB verified in CVE proposed a price of $5.00, the contracting officer applies the 3% preference, and the offer is treated as if the proposed price were $4.85. A technically acceptable Large Business proposed a price of $5.00, solely for purposes of the Veterans Preference; the SDVOSB would be in line to receive an award. The contracting officer obligates the contract in value at $5.00 to the SDVOSB.

1.2 SUBMISSION OF PROPOSAL

Important Note: Respond to all requirements of the solicitation. Failure to provide the information required will render the offer unacceptable. The Government intends to award a contract resulting from this solicitation without holding discussion, 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 in above paragraphs. Requirements for Proposal Content shall concisely describe the offeror's response to the requirements of the solicitation. 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. Tab each section and number each page in each section. Provide a table of contents. The offeror shall submit all required documentation to the Contracting Office prior to or on the date specified for receipt of proposals.

VOLUME II – PRICE: Offerors shall include the following within their Volume II price proposal: SF1442 and pricing schedule, and an Itemized price breakdown 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. Offerors shall provide 1 electronic copy of Volume II. The offeror shall submit all required documentation to the Contracting Office prior to or on the date specified for receipt of proposals.

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

(a) All actual and potential offerors are encouraged to provide feedback on the preaward and debriefing processes, as applicable. Feedback may be provided to agencies up to 45 days after award. The feedback is anonymous, unless the participant self-identifies in the survey. Actual and potential offerors can participate in the survey by selecting the following link: https:// www.acquisition.gov/360.

(b) The Contracting Officer will not review the information provided until after contract award and will not consider it in the award decision. The survey is voluntary and does not convey any protections, rights, or grounds for protest. It creates a way for actual and potential offerors to provide the Government constructive feedback about the preaward and debriefing processes, as applicable, used for a specific acquisition.

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 52.225-10 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)

2.5 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:

Chelsea Rodrigue

Hand-Carried Address:

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

Department of Veterans Affairs Network Contracting Office 1 VAMC Central Western Massachusetts 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)

2.6 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— April 23, 2025, at 1:00PM EST

(c) Participants will meet at— the flagpole in front of Building 1.

(End of Provision)

2.7 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision.

(b) The use in this solicitation of any VAAR Acquisition Regulation (48 CFR Chapter FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Provision)

2.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

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

(End of Provision)

2.9 VAAR 852.209-70 ORGANIZATIONAL CONFLICTS OF INTEREST (OCT 2020)

(a) It is in the best interest of the Government to avoid situations which might create an organizational conflict of interest or where the Offeror’s performance of work under the contract may provide the Contractor with an unfair competitive advantage. The term ‘‘organizational conflict of interest’’ means that because of other activities or relationships with other persons, a person is unable to render impartial assistance or advice to the Government, or the person’s objectivity in performing the contract work is or might be otherwise impaired, or the person has an unfair competitive advantage.

(b) The Offeror shall provide a statement with its offer which describes, in a concise manner, all relevant facts concerning any past, present, or currently planned interest (financial, contractual, organizational, or otherwise) or actual or potential organizational conflicts of interest relating to the services to be provided under this solicitation. The Offeror shall also provide statements with its offer containing the same information for any consultants and subcontractors identified in its proposal and which will provide services under the solicitation. The Offeror may also provide relevant facts that show how its organizational and/or management system or other actions would avoid or mitigate any actual or potential organizational conflicts of interest.

(c) Based on this information and any other information solicited or obtained by the Contracting Officer, the Contracting Officer may determine that an organizational conflict of interest exists which would warrant disqualifying the Contractor for award of the contract unless the organizational conflict of interest can be mitigated to the Contracting Officer’s satisfaction by negotiating terms and conditions of the contract to that effect. If the conflict of interest cannot be mitigated and if the Contracting Officer finds that it is in the best interest of the United States to award the contract, the Contracting Officer shall request a waiver in accordance with FAR 9.503.

(d) Nondisclosure or misrepresentation of actual or potential organizational conflicts of interest at the time of the offer or arising as a result of a modification to the contract, may result in the termination of the contract at no expense to the Government.

(End of Provision)

2.10 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)

2.11 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:

2.12 VAAR 852.236-92 NOTICE TO BIDDERS—ADDITIVE OR DEDUCTIVE BID LINE ITEMS (APR 2019)

(a) Additive or deductive line items in the bid schedule shall be evaluated to determine the low offeror and the items to be awarded. The evaluation shall be made as follows—

(1) Prior to the opening of bids, the Government will determine the amount of funds available for the project.

(2) The low bid shall be the Bidder that—

(i) Is otherwise eligible for award; and

(ii) Offers the lowest aggregate amount for the first or base line item, plus or minus (in the order stated in the list of priorities in the bid schedule) those additive or deductive line items that provide the most features within the funds determined available.

(3) All bids shall be evaluated on the basis of the same additive or deductive line items.

(i) If adding another item from the bid schedule list of priorities would make the award exceed the available funds for all offerors, the Contracting Officer will skip that item and go to the next item from the bid schedule of priorities; and

(ii) Add that next item if an award may be made that includes that line item and is within the available funds.

(b) The Contracting Officer will use the list of priorities in the bid schedule only to determine the low offeror. After determining the low offeror, an award may be made on any combination of items if—

(1) It is in the best interest of the Government;

(2) Funds are available at the time of award; and

(3) The low offeror’s price for the combination to be awarded is less than the price offered by any other responsive, responsible offeror.

(c) Example: ‘‘The amount available is $100,000. Offeror A’s base bid and four additives (in the order stated in the list of priorities in the bid schedule) are $85,000, $10,000, $8,000, $6,000, and $4,000. Offeror B’s base bid and four additives are $80,000, $16,000, $9,000, $7,000, and $4,000. Offeror A is the low offeror. The aggregate amount of offeror A’s bid for purposes of award would be $99,000, which includes a base bid plus the first and fourth additives. The second and third additives were skipped because each of them would cause the aggregate bid to exceed $100,000.’’ (End of Clause)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2025)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238210.

(2) The small business size standard is $19 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…