36C24221B0019_1.docx

36C24221B0019 Contract Opportunity Combined Synopsis/Solicitation Notice

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(POC Information Automatically Filled from User Profile Unless Entered)

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* = Required Field Contract Opportunity Combined Synopsis/Solicitation Notice

Y1DA

561-19-120 Roofing Project 14424 36C24221B0019 04-07-2021

11:00 AM

EASTERN TIME, NEW YORK, USA

N

SDVOSBC

238160 Department of Veterans Affairs Network Contracting Office 2 Canandaigua VA Medical Center 400 Fort Hill Ave.

Canandaigua NY 14424 Lisa Lake Administrative CS lisa.lake2@va.gov 585-393-8229 VA NJ Healthcare System East Orange Campus 385 Tremont Ave East Orange NJ 07018

USA

SOLICITATION 36C24221B0019 IS FOR 561-19-120 ROOFING PROJECT

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 accepta nce after the date offers are due will not be considered and will be rejected.

36C24221B0019 X 03-10-2021 561-21-2-5938-0005 561-19-120 36C561 Department of Veterans Affairs Network Contracting Office - 2 Canandaigua VA Medical Center 400 Fort Hill Ave.

Canandaigua NY 14424 Canandaigua VA Medical Center Attn: Lisa Lake, Administrative CS Network Contracting Office 2 400 Fort Hill Ave, Bldg 34 First Floor Canandaigua NY 14424

LAKE, LISA

585-393-8229 This solicitation is for project 561-19-120 Roofing Project at the Department of Veterans Affairs Medical Center, East Orange Campus, 385 Tremont Ave, East Orange, NJ 07018.

The Contractor shall furnish all materials, supplies, equipment, personnel and supervision to accomplish project number 561-19-120 Roofing Project in accordance with the statement of work ( SOW), drawings, and specifications.

Contractor will be responsible to coordinate and schedule work, and shall be expected to plan work typically during duty hours of 8 AM to 4:30 PM eastern time except as noted in the general conditions and as app roved by the Contracting Officer.

The NAICS Code for this procurement is 238160 Size standard: $16.5 million Magnitude of construction is between $5,000,000 and $10,000,000

Pursuant to 38 U.S.C.8137(D), this requirement is 100% set aside for Service Disabled Veteran Owned Small Business.

All SDVOSB's are required to be registered at www.vetbiz.gov, as well as www.sam.gov, prior to the submission of the offer and at the time of award. All SDVOSB statuses will be verified.

A site visit date is scheduled for Tuesday 3/16/2021 at 10:00AM,12:00pm, or 2:00pm EST. Email lisa.lake2@v a.gov to schedule a time for the site visit. Space is limited due tocurrent meeting size restrictions. Interested parties without a confirmed appointment time will not be permitted on site. Interested parties are to meet in the Engineering Dept (B ldg. 5a) at VAMC East Orange. This will be the only site visit date for the project, absolutely no other visits shall be scheduled.

ALL BIDS MUST BE RECEIVED BY 11:00 AM EST ON WEDNESDAY 4/7/2021 AND E-MAILED TO Lisa.Lake2@va.gov.

The PUBLIC BID OPENING will be held on WEDNESDAY 4/7/2021 at 11:00 AM EST via Tele-Confere nce. Please see page 3 for dial in information. ALL BIDS MUST BE TIMESTAMPED NO LATER THAN 11:00AM EST 4/7/2021. NO LATE BIDS WILL BE ACCEPTED.

The Period of Performance is 450 calendar days from the date of the notice to proceed.

All Requests for Information (RFI's), must be e-mailed to Lisa Lake at lisa.lake2@va.gov by 3:00PM EST on 3/19/2021.

No bid extensions will be granted due to late RFI submissions.

Offerors must submit their annual Vets-4212 Report

FAR Part 36.209 Construction contracts with architect-engineer firms. No contract for the construction of a project shall be awarded to the firm that designed the project or its subsidiaries or affiliates.

THIS IS A 100% SDVOSB SET ASIDE.

X X 52.211-10 X

11:00 AM

EDT

04-07-2021 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.

AMOUNTS

18. The offeror agrees to furnish any required p erformance 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

36C561 Lisa Lake Department of Veterans Affairs Network Contracting Activity 400 Fort Hill Ave.

Canandaigua NY 14424 Tungsten Network http://www.tungsten-network.com/us/en /veterans-affairs

Christina Katz Contracting Officer

SOLICITATION 36C24221B0019 PROJECT 561-19-120 ROOFING PROJECT AT THE VANJHCS EAST ORANGE CAMPUS

1. In accordance with FAR 14.202-8, the government is authorizing electronic bids on this solicitation due to the COVID-19 pandemic. ALL bids shall be emailed to Lisa Lake, Contracting Officer, at Lisa.Lake2@va.gov prior to the bid opening time. The bids shall include copies of a bid bond. The bid opening shall take place on Wednesday, April 7, 2021 at 11:00am EST. No hand-carried or mailed bids will be accepted.

2. Original copies of bids to include original bid bonds with wet signatures as well as other non-pricing related information shall be mailed to Lisa Lake, Contracting Officer at the address provided in section 8 of the solicitation as soon as practicably possible but no later than 2 weeks from bid opening. Failure to provide hard copies may result in rejection of bid.

3. The bid opening will take place on a WEBEX video conference call. To access the video conference, please access:

https://meetingsamer16.webex.com/meetingsamer16/j.php?MTID=ma5dac2bdf87ab6fbe5b5a64563201dac The password for the video conference is: 56119120

Project Number 561-19-120 Roofing Project

BID PRICING SHEET

Bids providing less that 120 Calendar Days of Government Acceptance after the date bids are due will not be considered and will be rejected.

The bidder agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this bid is accepted by the Government in writing within 120 calendar days after the date bidders are due.

BASE BID:

GENERAL CONSTRUCTION: Work includes general construction, alterations, replacement and necessary removal of existing roof coverings and insulation down to roof deck, structures and construction and certain other items.

Roof areas of Building 1 will also require removal and replacement of existing railing. Buildings, or portions of buildings, as part of scope of work are buildings:

Base Bid is to complete all buildings 1 thru 18 with the highest priority first. The priority from highest to lowest is as follows:

Building 1 – 5th floor roof areas 26, 28, 30 and 32 Building 5A – Modular – entire roof Building 5 – Entire roof Building 7 – Portions at front and back Building 1 – 3rd floor roof area 74 Building 1 – 11th floor roof areas Building 15 – Entire roof area Building 15a – Entire roof area Building 16 – Entire roof area Building 16a – Entire roof area Building 17 – Entire roof area Building 18 – Entire roof area Corridor areas connecting roof areas 15 – 18 DEDUCT ALTERNATE: Provide a deduct Alternate for:

The contract completion time is 450 calendar days from receipt of Notice to Proceed.

BASE BID $ ___________________________

DEDUCT ALTERNATE:

e. $ ___________________________

STATEMENT OF WORK (SOW)

1. Contract Title.

ROOFING PROJECT

PROJECT NO. 561-19-120.

VA NJ HCS EAST ORANGE CAMPUS

2. Background.

This requirement is necessary to replace leaking roofs in buildings in the VA East Orange Campus building.

3. Scope.

Contractor shall completely prepare site for building operations, including demolition and removal of existing roofing materials, and furnish labor and materials and perform work for re-roofing of select buildings and portions of select buildings as required by drawings and specifications at the VA NJ Health Care System, East Orange, NJ GENERAL CONSTRUCTION: Work includes general construction, alterations, replacement and necessary removal of existing roof covering and insulations down to the roof deck, structures and construction and certain other items. Roof rea of Building 1 will also require removal and replacement of existing railing. Building, or portions of building, as part of cope of work are buildings. Work includes general construction, Base Bid is to complete all buildings 1 thru 18 with the highest priority first. The priority from highest to lowest is as follows:

1 – 5th floor roof areas 26, 28, 30 and 32.

5A – Modular – entire roof.

5 – Entire roof.

7 – Portions at front and back.

1 – 3rd floor roof area 74 1 – 11th floor roof areas.

15 – Entire roof area.

15a – Entire roof area 16 – Entire roof area.

16a – Entire roof area.

17 – Entire roof area.

18 – Entire roof area.

Corridor areas connecting roof areas 15 – 18.

Provide a Deduct Alternate price for buildings 1, 3rd floor roof area 74, building 1, 11th floor roof areas, buildings 15, 15A, 16, 16A, 17, 18 & connecting corridors.

2. As indicated on the Construction Documents. These documents for Project # 561-19-120 Roofing Project are labelled 100% CD and dated, December 8, 2020.

Contractor shall provide base bid and deduct alternate bid with roof areas listed separately. There will be deduct alternates for those roof areas.

All above specified work must be completed within 310 Calendar days from the date of the Notice to proceed.

3. Specific Tasks.

Phasing:

4. Performance Monitoring (if applicable).

N/A

5. Security Requirements.

The contractor employees shall not have access to VA sensitive or computer information and will not require routine access to VA Facilities. The contractor employees shall require intermittent access only and will be escorted by VA employees while at VA Facilities. No background investigation is required.

A. Security Plan:

6. Other Pertinent Information or Special Considerations.

N/A

a. Identification of Possible Follow-on Work.

N/A

b. Identification of Potential Conflicts of Interest (COI).

N/A

e. Inspection and Acceptance Criteria.

The COTR is responsible for certifying that the work done under the contract is performed to time and standard. They are also responsible to assure the inspection and acceptance of products provided incidental to services.

7. Risk Control Refer to Attached contract document

8. Place of Performance.

East Orange VAMC NJ

9. Period of Performance 450 calendar days from the date of the Notice to Proceed.

10. Delivery Schedule.

Submit for approval, all of the items specifically mentioned under the separate sections of the specification, with information sufficient to evidence full compliance with contract requirements. Materials, fabricated articles and the like to be installed in permanent work shall equal those of approved submittals. After an item has been approved, no change in brand or make will be permitted unless:

22 Mulberry Street, Suite 2A Middletown NY 10940

Table of Contents

WAGE DETERMINATION……………………………………………………………………………..62

LIST OF ATTACHMENTS……………………………………………………………………………..73

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

(a) Bidding materials consisting of Invitation for Bids, drawings, specifications and contract forms will be available on http://www.beta.sam.gov in electronic format only by searching for solicitation number 36C24220B0019. All interested parties (subs & primes) should register at http://www.beta.sam.gov as an “Interested Vendor” so that others will know of our interest in participating in this procurement. A Bidder’s mailing list WILL NOT BE prepared by the Contract Specialist. SOLICITATION AMENDMENTS: Amendments to the solicitation will be posted at http://www.beta.sam.gov. Paper copies of the amendments will NOT be individually mailed. By registering to “Receive Notification”, you will be notified by e-mail of any new amendments that have been issued and posted. No other notification of amendments will be provided. Bidders are reminded that they are responsible for obtaining and acknowledging all amendments to this solicitation prior to the time for receipt of bids.

(b) If bid exceeds $150,000 a bid bond must be submitted. A bid guarantee is required in an amount not less than 20 percent of the bid price but shall not exceed $3,000,000. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for opening of bids, will require rejection of the bid in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then.

(c) If the contract will exceed $150,000 (see FAR 28.102-1 for lesser amount), the bidder to whom award is made will be required to furnish two bonds, a Payment Bond, SF 25A, and a Performance Bond, SF 25, each in the penal sum as noted in the General Conditions of the Specification. Copies of SFs 25 and 25A may be obtained upon application to the issuing office.

(d) If the bid is between $30,000 - $150,000. The bidder to whom award is made will be required to furnish a Payment Bond, Standard Form 25A or alternative payment protection which conforms to the requirements set forth in FAR Clause 52.228-13, Alternative Payment Protections, as noted in the General Conditions of this Specification. Copies of the Standard Form of Payment Bond may be obtained upon application to the Issuing Office.

DESCRIPTION OF WORK: GENERAL CONSTRUCTION: The Contractor shall furnish all materials, supplies, equipment, personnel and supervision to accomplish project number 561-19-120 Roofing Project, in accordance with the statement of work (SOW), specifications and drawings attached hereto at the New Jersey VA Healthcare System’s East Orange.

Cost Range: $5,000,000 to $10,000,000

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 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/

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

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

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

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

(End of Provision)

2.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

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

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

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

EAST ORANGE, NJ

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

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

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

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

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

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

(End of Provision)

2.6 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:

Christina Katz Hand-Carried Address:

Network Contracting Office - 2 VA HVHCS FDR Campus 2094 Albany Post Rd, Bldg. 29, Rm 311

Montrose NY 10548 Mailing Address:

Christina Katz VA HVHCS FDR Campus 2094 Albany Post Rd, Bldg. 29 Rm 311, Box 29-2 Montrose NY 10548

(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)

2.7 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

(a) The Contractor shall conform to the standards established by: Fellenzer Engineering, LLP as to Specifications and Drawings.

(b) The Contractor shall submit proof of conformance to the standard. This proof may be a label or seal affixed to the equipment or supplies, warranting that the item(s) have been tested in accordance with the standards and meet the contract requirement. Proof may also be furnished by the organization listed above certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.

(c) Offerors may obtain the standards cited in this provision by submitting a request, including the solicitation number, title and number of the publication to: Fellenzer Engineering, LLP

(d) The offeror shall contact the Contracting Officer if response is not received within two weeks of the request.

(End of Provision)

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

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

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

(End of Provision)

2.9 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) PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:

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

REPRESENTATIONS AND CERTIFICATIONS

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

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238160.

(2) The small business size standard is $16.5 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.