36C24224R0066_2.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.

36C24224R0066 X 06-27-2024

NONE

00242 Dept. of Veterans Affairs Network Contracting Office 2 Bath VA Medical Center 76 Veterans Avenue Bath

NY

14810 Devan.Bertch@va.gov

Devan Bertch 716-698-6459 Contractor shall provide all labor, materials, supplies, equipment, tools, and supervision necessary to provide milling and patching at various locations throughout the Bath and Canandaigua VA Medical Center Campuses shown on the contract documents in greater detail.

This procurement will be 100% set-aside for SDVOSBs in accordance with VAAR 808.004-70. Offerors must be registered in the System for Award Management (www.beta.sam.gov) and are verified/visible/certified in SBA VetCert (https://veterans.certify.sba.gov) at the time of offer submission and before award of this procurement.

Offerors must submit their annual Vets4212 Report. Magnitude of Construction is between $100,000 and $250,000 IAW VAAR 836.204. The North American Industry Classification System Code (NAICS) is 237310 (Highway, Street, and Bridge Construction) and small business size standard is $45.0 M

In accordance with FAR 52.204-7, System for Award Management (SAM), all prospective offerors must be registered in SAM under 237310 and verified/visible/certified in SBA https://veterans.certify.sba.gov) at the time of offer submission before award of this procurement.

Pre-bid site visits will be held on Tuesday, July 9th, 2024@ 10:00am EST at the Bath VA Medical Center B29A conference room and Tuesday, July 9th, 2024 @ 1:30pm EST at the Canandaigua VA Medical Center. B118 Conference Room.

The will be no other site visits.

All RFIs during the site visit must be submitted in writing to the Contracting Officer to be considered for an official response from the VA. All RFI's must be submitted by Friday, July 12th, 2024 @ 4:00pm EST Email RFIs to Devan.Bertch@va.gov and BE SURE TO INCLUDE THE PROJECT NAME AND SOLICITATION NUMBER.

All offers are due Friday, July 19th, 2024 by 3pm and must be emailed to Devan.Bertch@va.gov as described in this solicitation.

*Bidders are reminded to return a signed copy of VAAR 852.219-75 VA NOTICE OF LIMITATIONS OF SUBCONTRACTING – CERTIFICATE OF COMPLIANCE FOR SERVICES ANDCONSTRUCTION (JAN 2023)(DEVIATION) contained in the solicitation.* x 52.211-10 X 3pm

EDT

07-19-2024 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

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

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( 41 U.S.C. 3304(a) (

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31a. NAME OF CONTRACTING OFFICER

TO SIGN

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. AWARD DATE

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

(Include ZIP Code) (Include area code) (Include only if different than Item 14.)

(Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each) (Type or print) (4 copies unless otherwise specified) (Type or print) (Type or print) (Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

(Must be fully completed by offeror) (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

00242 Network Contracting Office 2 Bath VA Medical Center 76 Veterans Avenue Bath

NY

14810 Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/

Devan Bertch

Table of Contents

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

INFORMATION REGARDING PROPOSAL MATERIAL, BID GUARANTEE AND BONDS

(a) Proposal materials consisting of Request for Proposal, drawings, specifications, and contract forms will be available on http://www.sam.gov in electronic format only. All interested parties (subs & primes) should register at http://www.sam.gov as an “Interested Vendor” so that others will know of your interest in participating in this procurement. An Offerors mailing list WILL NOT BE prepared by the Contracting Officer. SOLICITATION AMENDMENTS: Amendments to the solicitation will be posted at http://www.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. Offerors are reminded that they are responsible for obtaining and acknowledging all amendments to this solicitation prior to the time for receipt of offers.

(b) If Offer exceeds $150,000 a bid bond must be submitted. A bid guarantee is required in an amount not less than 20 percent of the offeror price but shall not exceed $3,000,000. Failure to furnish the required bid guarantee in the proper form and amount, by the time proposals are due, will require rejection of the offer 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 Offeror 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 Offer is between $30,000 - $150,000 - The Offeror 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.

(e) VAAR Clause 852-219-77 (included herein) is required to be completed and returned with each proposal. Proposals without a completed VAAR Clause 852.219-77 will be considered ineligible for evaluation and award.

(f) Service-Disabled Veteran-Owned Small Business Verification: This action is a 100% set aside for verified Service-Disabled Veteran Owned Small Businesses (SDVOSB) in VetCert. The award of this solicitation shall not be delayed due to loss of SDVOSB verification. Proposals submitted by non-verified SDVOSBs shall be excluded from award consideration.

(g) Joint Ventures must be verified SDVOSBs and registered in SAM at the time of solicitation response and at award.

(h) VETS-4212: Title 38, USC Section 4212(d), and Public Law 105-339, requires that federal contractors report, at least annually, the number and category of veterans who are within their workforce. This VETS-4212 report can be submitted per the instructions at https://www.dol.gov/agencies/vets/programs/vets4212. For assistance contact VETS-4212 customer support at 1-866-237-0275 or vets4212-customersupport@dolncc.dol.gov. For procurement awards in excess of $150,000, this report must be completed and accepted prior to any Federal contract award. Therefore, all potential contractors are encouraged to file every year.

(i) Offerors whose proposal contains a Teaming Agreement must provide the following information at time of proposal submittal:

· Legal name of company that will be teaming with the offeror firm

· Legal address of the company that will be teaming with the offer firm

· Duns & Bradstreet number of the company that will be teaming with the offeror firm

· Copy of the System Award Management (SAM) document of the company that will be teaming with the offeror firm.

· Offeror firm must submit a narrative identifying exactly how the Teaming Agreement will be written defining each party's role in the preparation process and clearly defines separate roles for the proposed prime contractor and for the proposed subcontractor and how the proposed offeror intends to totally control contract performance. The teaming subcontractor must not have a role in contract management, particularly, a role where the teaming subcontractor employees are the key personnel. The narrative needs to contain the listing of team members, responsibilities of the team members, duration, and responsibilities of the team lead contractor. All bonds must be in the offeror's name. Failure to provide complete narrative describe above at time of the proposal will be considered unacceptable and their proposal will be rejected.

Prior to award, should the selected offeror indicate their proposal contains a Teaming Agreement, the offeror has ten (10) calendar days to provide a duly executed Teaming Agreement acceptable to the Contracting Officer once the offeror is notified in writing. Failure to provide a duly executed Teaming Agreement within the ten (10) calendar day timeframe, the offeror will be considered unacceptable, and their proposal will be rejected.

ADDITIONAL SUBMISSION DOCUMENTS

The following documents are to be included in the offeror submission:

(a) One (1) signed SF 1442 page 2, Offer page, with blocks 14-20c completed.

1442 continuation page with amendments acknowledged.

· Include response to FAR 52.204-8(2) (i) or (ii) Annual Representations and Certifications

· Response to FAR 52.209-13(b)(1) or (2) Violation of Arms Controls Treaties or Agreements

(b) Acknowledgment of all amendments must be accomplished either via entering data in block nineteen (19) of the SF1442 or completing blocks fifteen (15) a, b, and c of the amendment and attaching it to the SF 1442 Offer page.

(c) One (1) original completed/signed SF24 Bid Bond and Power of Attorney as required.

(d) One (1) signed VA Notice of Limitations on Subcontracting - Certificate of compliance for services and Construction.

(e) One (1) signed Buy American Certificate

(f) Safety or Environmental Violations and Experience Modification Rate:

1) All Offerors shall submit the following information pertaining to their past Safety and Environmental record. The information shall contain, at a minimum, a certification that the Offeror has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or any EPA violation(s) in the past three years.

2) All Offerors shall submit information regarding their current Experience Modification Rate (EMR). This information will be obtained from the offeror’s insurance company and be furnished on the insurance carrier’s letterhead.

3) Self-insured contractors or other contractors that cannot provide their EMR rating on insurance letterhead may obtain a rating from the National Council on Compensation Insurance, Inc. (NCCI) by completing/submitting form ERM-6 and providing the rating on letterhead from NCCI. Note: Self-insured contractors or other contractors that cannot provide EMR rating on insurance letterhead from the states or territories of CA, DE, MI, NJ, ND, OH, PA, WA, WY, and PR will obtain their EMR rating from their state-run worker’s compensation insurance rating bureau.

(g) Offerors are responsible for ensuring and verifying their offer and all required documents are received by Veronica Baldwin at Devan.Bertch@va.gov by the date and time specified in block thirteen (13a) of the SF 1442 solicitation (subject to amendments)

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

GENERAL INTENTION

Contractor will provide services to include all tools, labor, materials, equipment, services, and supervision necessary for the “MILLING AND PATCHING ROADWAYS-BATH AND CANANDAIGUA” at 400 Fort Hill Avenue in Canandaigua, N.Y. 14424, and 76 Veterans Avenue in Bath, NY 14810. The period of performance is a firm 60 calendar days from issuance of the notice to proceed (NTP).

SITE VISIT

Offerors are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of performing these services. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

There will only be one (1) organized site visit for each site. It will be held on Tuesday, July 9th, 2024@ 10:00am EST at the Bath VA Medical Center B29A conference room for the Bath portion of the project and Tuesday, July 9th, 2024 @ 1:30pm EST at the Canandaigua VA Medical Center B118 Conference Room for the Canandaigua portion of the project.

Attendance is not mandatory; however, all bidders are strongly encouraged to attend.

REQUESTS FOR INFORMATION (RFI):

To obtain clarifications and/or additional information concerning the contract requirements or specifications, submit a written RFI via email to Veronica.Baldwin1@va.gov.

RFIs will be responded to as necessary in amendment format which will be posted on https://beta.sam.gov/.

The deadline for submission of RFIs for this solicitation is Friday, July 12th, 2024 @ 4:00pm EST. No questions will be answered after this date/time unless determined to be in the best interest of the Government as determined by the Contracting Officer. Telephone RFIs will not be accepted or returned.

RESPONSIBILITY REQUIREMENTS

A Determination of Responsibility shall be accomplished for the apparent awardee prior to processing the award. The above information, along 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 or submit this information may result in a determination of “Non-Responsibility” for the bidder/offeror. NOTE: Any information received by the Government that would cause for a negative Determination of Responsibility may make the bidder/offeror ineligible for award.

This requirement is applicable to all subcontracting tiers, and prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors.

36C24224R0066

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MILLING AND PATCHING ROADWAYS-BATH AND CANANDAIGUA

PROJECT WORK SCOPE DESCRIPTION

Existing Conditions:

The Canandaigua Veterans Affairs Medical Center (VAMC) is located at 400 Fort Hill Avenue, Canandaigua NY 14424, and the Bath Veterans Affairs Medical Center (VAMC) is located at 76 Veterans Avenue, Bath, NY 14810. Both campuses have a series of asphalt roads, parking areas and pedestrian paths that are in various conditions and require repair.

Scope of Work:

1. Contractor is to provide pavement maintenance services as follows:

a. Mill existing asphalt surface to a depth of 2 inches. Material generated by milling activities to be turned over to the VA at a location directed by the Contract Officers Representative (COR).

b. Placement of 2” of 12.5 F3 Top Course Asphalt with series 80 compaction.

2. Locations (to be confirmed with COR prior to starting work):

a. Canandaigua Station:

i. 238’ x 31’ (7,380SF) at the rear entrance

ii. 360’ x 24’ (13,500SF) on the loop road near Building 4

iii. 71’ x 9’ (639 SF) patch on loop road near Building 37

iv. 15’ x 12’ (91 SF) radius on lot 7 exit

b. Bath Station:

i. 70’x4’ (280SF) at the entrance apron to Parking Lot 4.

ii. 265’ X 9’ (2,235SF) pedestrian path by tennis courts.

iii. Building 92 rear access drive (5,250SF) and parking area (7,000SF).

iv. 10’ x 55’ (550SF) patch near Building 16

v. 60’ x 22’ (1,320SF) patch in lot 12 near Building 14

Specifications: Methods and materials for placement of the asphalt shall comply with specifications contained in Appendix A (BATH AND CANANDAIGUA- PM PROJECT).

General Requirements:

A. The contractor shall review the contract documents for conflicts. Where conflicts exist work shall not proceed until the COR has been notified and has given direction.

B. Where incidental work is required to accomplish work shown on the drawings, this work is shall be included as part of the base bid.

C. Prior to work commencing in an area, the contractor shall notify the COR of his intention to work in the area and shall schedule a walkthrough with the COR to determine existing conditions.

D. After the work, the existing work areas shall be returned to their original state before final approval shall be given. After the completion of construction, the contractor shall completely clean all surfaces of construction debris.

E. The contractor shall receive all deliveries of materials, equipment, tools, or other goods off station, and bring them to the job site. The Canandaigua VAMC and Bath VAMC shall not accept deliveries for project purposes.

F. The contractor shall not proceed with any on-site work without approval to proceed from the Contract Officer (CO) and COR. Not less than 14 calendar days shall be planned for COR review of each submittal. Re-submittals shall be provided as required by the COR, and shall be treated as a new, separate submittal.

G. Any non-lead time materials will only be paid for when installed.

H. Any items identified as punch list items will be fixed prior to project closeout.

I. Special care will be taken to secure tools and construction equipment during construction as this facility has patients in it.

J. Work cleanliness must be adhered to throughout the project.

K. Sounds and vibrations must be kept to a minimum to avoid patient disruption. The COR reserves the right to stop work if sound and vibrations are impacting patient living or employees.

L. Off tour work may be required to minimize impact to Veterans and employees.

M. The contractor shall warranty all work including for 1 year from the date of acceptance. Warranty shall include any labor or parts necessary to ensure complete functionality of the new area.

Submittals:

Submittals are not required for this project. Materials are to be consistent with the information listed on the submitted quote forms.

Project Duration:

The total project duration for this project is not to exceed 60 days. This includes all processes starting with contract award and ending with final punch list completion.

Security:

The C&A requirements do not apply, and that a Security Accreditation Package is not required. However, vendor must check in with COR upon arrival at Canandaigua and Bath VAMC’s at the start of each workday before work commences.

PROCEDURES FOR SUBMITTAL OF OFFERS AND PROPOSAL EVALUATION CRITERIA

1. Basis for award.

The intent of this solicitation is to select one contractor to provide professional construction services in accordance with the Statement of Work (SOW), drawings, and specifications for the Milling Patching Roadways Bath and CN.

The Government intends to use the Lowest price technically acceptable source selection process in accordance with FAR 15.101-2. Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors. The Contracting Officer will award a firm fixed price contract to the responsive responsible offeror whom the Source Selection Authority determines conforms to the solicitation, is fair and reasonable and offers the best overall value to the Government, all factors considered. The Government reserves the right to accept other than the lowest priced offer or to reject all offers.

2. Submittal of offers.

2.1 Offerors must provide all requested information for each factor. Proposals must address each element of the factors as indicated to be considered responsive to this solicitation. Factor headings should be typed in bold text for identification. It is the offeror’s responsibility to ensure the submitted proposal is in the proper format and the provided information is clear and free of ambiguities. Proposals should follow in the order of sequence set forth in the Request for Proposal (RFP). Information provided out of sequence may not be evaluated and may result in the offeror's disqualification from award. Requirements stated in this RFP are minimums.

2.2 Offerors shall comply with the detailed instructions for the format and content of the proposal. Proposals that do not comply with the detailed instructions for the format and content of the proposal may be considered unacceptable and may render the Offeror ineligible for award.

2.3 All proposal materials shall be submitted in separate .pdf documents with a table of contents and tabbed section dividers. The sections should match the submission requirements identified below.

Volume I: Sections 1 – 2 Volume I: Sections 1-2 shall be submitted in .pdf. Proposals should be typed. Packages that are handwritten will not be evaluated. Failure to place the required submission information under the appropriate tab (factor or sub factor) and format may result in a lower rating if the evaluators cannot readily find the appropriate information.

Volume I Sections are to be prepared as follows:

Volume II: Section 3 Volume II: Section 3 shall be submitted as a .pdf and shall be submitted as a separate document, included with the proposal package. It shall include the following: Standard Form 1442, completed divisional cost break down sheet, any additional submission documents such as reps and certs, bid bond, Limitations on subcontracting certificate, Buy American Certificate, OSHA or EPA violation certification and EMR rating document (See additional submission documents).

2.4 All proposals shall be submitted in .pdf version to:

Devan.Bertch@va.gov

3. Proposal Evaluation Process.

3.1 A Source Selection Evaluation Board (SSEB) comprised of representatives of the Department of Veterans Affairs will evaluate the proposals. The identities of the SSEB personnel are confidential, and any attempt by the offerors to contact these individuals is prohibited. The evaluation will be based on the content of the proposal and any subsequent discussions, if necessary, as well as information obtained from other sources, e.g. past performance information.

3.2 The proposal evaluation consists of four parts: Prior experience, Schedule and Price Evaluation.

3.2.1 Prior experience, Schedule: Proposals will be evaluated against the Evaluation Factors and Criteria as identified in paragraphs below.

3.2.2 Price Evaluation: After the SSEB completes the Technical evaluation the Contracting Officer will evaluate Volume II price proposals.

4.2. As demonstrated in their proposals, offerors will be evaluated in terms of the offeror’s ability to meet the requirements identified below.

The Government intends to make award to a responsible offeror submitting a conforming proposal without discussions, if deemed to be in the best interest of the Government

Submission Requirements: Contractor Schedule The SSEB will evaluate the degree of presentation and understanding of the offeror’s proposed Schedule.

The progress schedule will be in a time scaled bar graph format. The horizontal axis will be scaled for time beginning with the tentative Notice to Proceed of and concluding with contract completion. The vertical axis will show the milestones and major portions of the contract work including all phasing. All schedule items will show a start date and a completion date. The detailed schedule will indicate specific tasks with dates for each step of the process including:

Short Schedules - The Offeror must provide for completion within the time frame (number of days after receipt of the Notice to Proceed). The maximum anticipated days of completion for this project is indicated on the Standard Form 1442 Construction, Offer and Award (Construction, Alteration or Repair. This duration shall establish the contract completion date. Short schedules will not be accepted. Critical path activity durations shall total the number of days indicated on Standard Form 1442.

Assume that the notice to proceed could be sent by July 26th,2024 and the project must be completed by October 31st, 2024 due to concerns with weather.

*An ‘acceptable’ score for factor 2 will be a submitted schedule that shows knowledge of the project requirements in the details, has a start date in August 2024 and a completion date in October 2024, and does not exceed the period of performance.

5.4 Evaluation Factor 3 - Price Information

The offeror shall complete and submit Standard Form 1442. This price will be all inclusive. Technical evaluation for fair and reasonable will be performed against an independent government estimate and will only be considered if evaluation factor 1 and 2 have been deemed acceptable.

Discounts: Prompt payment discounts will not be considered in the evaluation of offers

In the event 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 or the Contracting Officer determines discussions are required.

Discussions Government intends to make award to a responsible Offeror submitting a conforming proposal without discussions if deemed to be in the best interest of the Government.

2.1 52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of Provision)

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

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

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

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

(End of Provision)

2.3 52.222-23 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

(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 52.236-27 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— July 9th, 2024 @ 10am and 1:30pm

(c) Participants will meet at— Bath VA @10am and Canandaigua VA @1:30pm (End of Provision)

2.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Provision)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2024)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310.

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

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

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

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

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

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services—Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of biobased products in USDA-designated product categories; or include the clause at 52.223-2, Reporting of Biobased Products Under Service and Construction Contracts.

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

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

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

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

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

(B) If the acquisition value is $50,000 or more but is less than $100,000, the provision with its Alternate II applies.

(C) If the acquisition value is $100,000 or more but is less than $102,280, 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) 52.227-6, Royalty Information.

[] (A) Basic.

[] (B) Alternate I.

[] (vii) 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…