S02 - 36C24220R0133_RFP.pdf

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 65

36C24220R0133

X

09-08-2020

528A8-19-851

Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga NY 14227

SEND OFFER VIA EMAIL IN A PDF FORMAT

FILE SIZE SHALL NOT EXCEED MORE THAN 5MB

EMAIL TO SHAUN.MAINES@VA.GOV

MAINES, SHAUN (716) 862-7461 x22470

This solicitation is for a firm-fixed-price contract for a grease tank/trap replacement, and it will be a Small Business set-aside procurement.

The project number for this requirement is 528A-19-851, andthe place of performance is at the Albany VA Medical Center (VAMC), located at 113 Holland Ave, Albany, NY 12208.

The dollar value of this construction project is expected to be between $25,000 to $100,000. The applicable NAICS code is 237110, and the Small Business size standard is $39.5M.

An award will be made to an Offeror who is offering the best value to the Government.

A pre-offer site visit has been scheduled for September 23,2020, from 11:00AM-12:00PM EST.

No additional site visits shall be offered after September 23, 2020. All RFI cut-off date October 1, 2020, 4:00PM EST.

All prospective bidders are to meet at the side entrance to hospital which is located off the ED circle (after being screened). The ED circle is located around the right side of the Stratton VAMC if you’re looking at the front of the building. You have to park in the visitors parking lot and walk to the ED circle.

Email your detailed “offer” to shaun.maines@va.gov no later than October 8, 2020, 4:00PM (EST).

Only electronic submission of PDF file will be accepted, and the file shall not exceed 5MB in size.

See the attached Statement of Work, drawing, specification, evaluation criteria, and the Wage Rate Determinations. Late offer shall be considered unresponsive.

The following factors will be used to determine technical acceptability:

Factor 1 – Price Factor 2 – Schedule Factor 3 – Management Factor 4 – Hands-on Experience

See attached "Contractor Evaluation Criteria" section for details

In accordance with FAR 36.209, no contract for the construction of a project shall be awarded to the firm that designed the project or its subsidiaries or affiliates, except with the approval of the head of the agency or authorized representative.

10 270 x 52.211-10 x 10

See Block 8 4:00PM

10-08-2020

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

Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road

Cheektowaga NY 14227

Tungsten Network http://www.tungsten-network.com/us/en /veterans-affairs

Table of Contents

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)

A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION,

ALTERATION, OR REPAIR)– BACK

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

SMALL BUSINESS VERIFICATION:

SITE VISIT:

PROPOSAL DUE DATE:

DETERMINATION OF RESPONSIBILITY:

SYSTEM FOR AWARD MANAGEMENT (SAM):

EVALUATION OVERVIEW:

PROPOSAL SUBMISSION:

PROPOSAL PACKAGE CONTENTS:

VOLUME I – Technical VOLUME II – Price

Statement of Work

1.1 ADDITIONAL ATTACHMENTS

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE

OF THE WORK (MAY 2014)

2.2 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE

EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

2.3 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION

MATERIALS (MAY 2014)

2.4 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

2.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020) ..15

3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

GENERAL CONDITIONS

4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

4.2 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE,

AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER

COVERED ENTITIES (JUL 2018)

4.3 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984)

4.4 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(MAY 2020)

4.5 52.223-20 AEROSOLS (JUN 2016)

4.6 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)

4.7 52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000)

4.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

4.9 52.223-21 FOAMS (JUN 2016)

4.10 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS (OCT 2019)

4.11 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

4.12 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

4.13 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND

COMPLIANCE (JUL 2018)

4.14 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

4.15 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(APR 2019)

4.16 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019)

4.17 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT

ADMINISTRATION (APR 2019)

4.18 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT

(SEP 2019)

4.19 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN

2008)

4.20 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

4.21 VAAR 852.232-70 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION

CONTRACTS (WITHOUT NAS– CPM) (NOV 2018)

4.22 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN

2020)

4.23 SUPPLEMENTAL INSURANCE REQUIREMENTS

Wage Determination

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE

AND BONDS

AVAILABILITY OF SOLICITATION DOCUMENTS:

All solicitation related documents will be published to https://beta.sam.gov/.

SMALL BUSINESS VERIFICATION: This requirement is 100% set-aside for Small Business.

SITE VISIT: A formal site visit has been scheduled for this project for September 23, 2020, 11:00AM-12:00PM, EST. This will be the only opportunity for potential offerors to visit the site.

The Albany VA Medical center is located at 113 Holland Ave, Albany, NY 12208.

All prospective bidders are to meet at the side entrance to hospital which is located off the ED circle (after being screened). The CO will meet all visitors at the entrance right after they are screened. The ED circle is located around the right side of the Stratton VAMC if you’re looking at the front of the building. You have to park in the visitors parking lot and walk to the ED circle.

When you are at the facility and can’t locate one of our teammates or need directions, you can reach the COR, Sara Collins, at (518) 626-6822/ (518) 423-1308.

All references and questions about the site visit are to be directed to the Administrative Contracting Officer at shaun.maines@va.gov, and not the Medical Center’s Engineering Officers. All potential offerors, subcontractors and suppliers are strongly encouraged to attend this site visit.

TECHNICAL QUESTIONS: Questions of a technical nature must be provided in writing and shall be submitted by the prospective Offerors to Shaun Maines. Questions shall be submitted only via e-mail to: shaun.maines@va.gov. The subject line must read: 528A8-19-851 - Grease Trap Replacement – RFI Questions. Oral questions of an RFI nature are not acceptable due to the possibility of misunderstanding or misinterpretation. THE CUT-OFF DATE AND TIME FOR RFI is October 1, 2020 at 4:00 PM (EST).

PROPOSAL DUE DATE: All proposal shall be received by no later than October 8, 2020, 4:00PM (EST). Only electronic submission of PDF file will be accepted, and the file shall not exceed 5MB in size.

AMENDMENTS: Amendments to this solicitation will be posted at https://beta.sam.gov/. Paper copies of the amendments will NOT be individually mailed. No other notification of amendments will be provided. Potential Offerors are advised that they are responsible for obtaining and acknowledging any amendments to the solicitation. Failure to acknowledge an amendment may result in your proposal being considered nonresponsive.

CONTRACTOR NORMAL WORK HOURS: The majority of the work is expected to complete during normal working hours, Monday – Friday, 7:00AM – 5:00PM. Contractor personnel are subject to all rules and regulations of the VA Medical Center.

DETERMINATION OF RESPONSIBILITY: A Determination of Responsibility will be conducted for the apparent awardee prior to award of the project. The above information, along https://beta.sam.gov/ mailto:shaun.maines@va.gov mailto:shaun.maines@va.gov https://beta.sam.gov/ with other information obtained from Government systems, such as the OSHA and EPA online inspection history databases will be used to make the Determination of Responsibility. Failure to affirm being within the guidelines above may result in a determination of “Non-Responsibility” for the Offeror. NOTE: Any information received by the Government that would cause for a negative Determination of Responsibility may make the Offeror ineligible for award.

SYSTEM FOR AWARD MANAGEMENT (SAM): Federal Acquisition Regulations require that federal contractors register in the System for Award Management (SAM) database at http://www.sam.gov and enter all mandatory information into the system. Award cannot be made until the contractor has registered. Offerors are encouraged to ensure that they are registered in SAM prior to submitting their proposal.

PREPARATION OF PROPOSAL: Government will not pay for any costs incurred in preparation and submission of offers.

BASIS FOR AWARD: FAR 15 Best Value, Lowest Price Technical Acceptable (LPTA).

The Government intends to award a contract to one offeror without discussions based on:

• Price - LPTA

• Contractor responsibility

• Responsiveness

• Hands-on experience (technical expertise)

TECHNICAL PROPOSAL: A technical proposal is required in addition to the items outlined above.

EVALUATION OVERVIEW: The Government will rate an offeror’s Technical proposal, at the factor and sub-factor level, using an acceptable or unacceptable rating. The Government intends to make a single award to an Offeror who is offering the best value. To receive an overall acceptable rating and be eligible for award, the offeror must be technically acceptable in each of the three (3) factors identified below:

Factor 1: Price – Price will be evaluated based on Lowest Price Technical Acceptable (LPTA).

Factor 2: Ability to adhere to a construction schedule for project completion within 270 calendar days from “Notice to Proceed” as specified in the solicitation.

Using the information submitted in response to the solicitation, the Government will evaluate the offerors’ scheduling methodology to determine if they understand scheduling processes that ensure timely completion and control of the project. To be evaluated as acceptable the offeror must provide a sample schedule that demonstrates an understanding of and ability to appropriately meet the requirements. If the offeror plans to use a fast-track approach to permit early mobilization and construction, this approach shall be described. Based on the information provided in response to the RFP, the Government will evaluate the schedule and make an acceptability determination as to the offeror’s ability to meet the contract completion time.

Factor 3: Management Approach

Using the information submitted in response to the solicitation, the Government will evaluate the offeror’s ability to successfully manage the project. To be evaluated as acceptable, the offeror must provide a narrative that addresses the items listed below:

1. identify key personnel proposed for the project and their documented experience on successful completion of other projects;

2. discuss sequence of work to be performed in a realistic fashion; i.e. coordination with subcontractors;

Factor 4: Technical expertise in working with concrete tanks, grease traps, related pipes in a hospital and/or commercial kitchen settings.

Using the information submitted in response to the solicitation, the Government will evaluate the offeror’s technical expertise to determine acceptability. To be evaluated as acceptable the offeror must provide details of three (3) previous contracts within the past three (3) years including:

1. Year Completed

2. Customer & Location

3. Customer Point of Contact, Phone/Email

Technical Acceptable/Unacceptable Ratings at Factor Level Rating Description Acceptable Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation.

PROPOSAL SUBMISSION:

GENERAL:

(a) Proposals shall be based on the documents issued in the Solicitation and Amendments.

(b) Proposals shall be received on or before the date and time specified in Block 13 of the SF 1442.

(c) Electronic submission is mandatory, and the proposal shall be sent to shaun.maines@va.gov.

Only electronic submission will be accepted.

PROPOSAL PACKAGE CONTENTS:

Important Note: Respond to all requirements of the solicitation. Failure to provide the information required will result in the proposal being considered unresponsive. 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:

mailto:shaun.maines@va.gov

VOLUME I – Technical

TECHNICAL:

• MANAGEMENT APPROACH: Include all information required for evaluation, excluding any reference to price. Address all required evaluation criteria in above paragraphs.

• REQUIREMENTS FOR PROPOSAL CONTENT: The proposal 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.

• The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor’s fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract. (FAR 52.236-7)

Technical Requirement: Provide evidence that you have necessary licenses and/or permits to perform the work as required in the scope of work. Copies of all required documents shall be attached with the proposal.

Technical Evidence: Per scope of work, the Offeror shall have ‘hands on’ experience and have successfully removed and replaced grease traps, concrete tanks, fitted pipes in a hospital or commercial kitchen settings within the last three (3) years as a prime contractor or subcontractor.

Include all information required for evaluation, excluding any reference to price. Address all required evaluation criteria in above paragraphs.

VOLUME II – Price

• Include all information required for evaluation as well as the required completed solicitation sections and the Self-Performance Calculation Worksheet. Address all required evaluation criteria, as specified.

• Price Proposal Requirements: The price proposal shall consist of the following: The Offeror shall complete the proposal and pricing schedule and submit to the Contracting Officer prior to or on the date specified for receipt of proposals. The Offeror shall also submit, with the above documentation an itemized price 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 and the Self-Work Calculation Worksheet.

• Price will be evaluated based on Lowest Price Technical Acceptable (LPTA).

Itemized Cost Breakdown for Base Item Line 0001 - Base Item - Cost Breakdown Project No.: 528A8-19-851

Date:

Project Title: Replace Main Kitchen Grease Trap – Albany VAMC

Project Location: Albany VA Medical Center

113 Holland Ave, Albany, NY 12208

Offeror Company Name and Address:

Item Description

Labor Cost

Material

Total

Division 1 - General Requirements

Division 2 - Existing Conditions

Division 3 – Concrete

Division 4 – Masonry

Division 5 - Metals

Division 6 - Wood and Plastic

Division 7 - Thermal and Moisture Protection

Division 8 - Doors and Windows

Division 9 - Finishes

Division 10 – Specialties

Division 11 – Equipment

Division 12 – Furnishings

Division 13 - Special Construction

Division 14 - Conveying Equipment

Division 21 - Fire Suppression

Division 22 – Plumbing

Division 26 – Electrical

Division 27 – Communications

Division 28 - Electronic Safety and Security

Division 31 – Earthwork

Division 32 - Exterior Improvements

Division 33 – Utilities

Division 34 – Transportation

Subtotal

Overhead (xx %)

Profit (xx %)

Bond (xx %)

Total Base Offer Cost

Statement of Work

1.1 ADDITIONAL ATTACHMENTS

See attached document: S02 - SOW Grease Trap1.

See attached document: S02 - Drawings .

See attached document: S02 - Specifications.

See attached document: S02 - Davis-Bacon Act WD NY20200002.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO

BIDDERS/OFFERORS

2.1 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)

2.2 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO

ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION

(FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

Goals for female participation for each trade

3.2 % 6.9 % These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the—

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is

Albany, New York

(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 52.236-27 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— September 23, 2020, 11:00AM - 12:00PM, EST

(c) Participants will meet at— Albany VAMC, 113 Holland Ave, NY 12208

(End of Provision)

2.5 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/

FAR

Number

Title Date

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING

JUL 2016

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL JAN 2017

52.215-1 INSTRUCTIONS TO OFFERORS—COMPETITIVE

ACQUISITION

JAN 2017

52.236-28 PREPARATION OF PROPOSALS—CONSTRUCTION OCT 1997

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 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 https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

https://www.sam.gov/

3.2 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (DEC 2019)

The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications—Commercial Items.

(a) Definitions. As used in this provision— Covered telecommunications equipment or services, critical technology, and substantial or essential component have the meanings provided in clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that it [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered telecommunications equipment or services, the Offeror shall provide the following information as part of the offer—

(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known);

and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of Provision) FAR Title Date https://www.sam.gov/

Number

52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE

AND REPRESENTATION

JUN 2020

GENERAL CONDITIONS

4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS

AND CERTIFICATIONS (DEC 2014)

The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

4.2 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE,

SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY

LAB AND OTHER COVERED ENTITIES (JUL 2018)

(a) Definitions. As used in this clause—Covered article means any hardware, software, or service that—

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

Covered entity means—

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115–91) prohibits Government use of any covered article. The Contractor is prohibited from—

(1) Providing any covered article that the Government will use on or after October 1, 2018;

and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement. (1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (Original https://dibnet.dod.mil/ https://dibnet.dod.mil/

Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number);

item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about mitigation actions undertaken or recommended.

In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

(End of Clause)

4.3 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 270 days after receipt of notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

4.4 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM

REREPRESENTATION (MAY 2020)

(a) Definitions. As used in this clause— Long-term contract means a contract of more than five years in duration, including options.

However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts—

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an…