36C24225R0007.docx

36C24225R0007

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.

36C24225R0007 X 11-26-2024 632-16-101 36C242 Department of Veterans Affairs Network Contracting Office 2 Franklin D. Roosevelt VA Medical Center 2094 Albany Post Road Montrose

NY

10548 Les Griffith via email at lester.griffith@va.gov

GRIFFITH, LES

914-501-0175 General Description: Contractor to provide all labor, equipment, supervision, and materials to upgrade the emergency generators at the Northport VA Medical Center located at 79 Middleville Road Northport, NY 11768.

Project number: 632-16-101 Set-aside: 100% SDVOSB - This is a Small Business set aside procurement.

Project Magnitude: between $20,000,000 and $50,000,000.

NAICS: 236220 Commercial and Institutional Building Construction NAICS small business size standard: $45M Completion Time is 575 calendar days from the issuance of the Notice to Proceed.

All prospective bidders must be registered in SAM (www.sam.gov) under NAICS 236220, and verified/visible/certified in SBA at the time of offer submission and before award of this procurement.

Failure to be verified by SBA prior to contract award will result in the offerors proposal being deemed non-compliant.

All offerors are urged to contact SBA and submit documents to obtain verification of the Small Business status if they have not already done so. In accordance with FAR 52.204-7, prospective contractors shall be registered in the SAM database prior to award of a federal contract. All offerors must submit their VETS-4212 report.

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

Offerors are required to complete the Buy American Certification and the Limitations on Subcontracting Certification.

The Architect-Engineer that designed this project cannot be awarded the construction contract.

Site visit: December 09, 2024, at 11:00 AM ET. Location: Northport VAMC at 79 Middleville Northport, NY 11768.

Request for Information (RFI) deadline: December 19, 2024.

X X 52.211-10 X 11:00

EST

01-07-2025 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

36C242 Department of Veterans Affairs James J. Peters VA Medical Center Network Contracting Office 2 130 West Kingsbridge Road Bronx

NY

10468-3904 Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/

Table of Contents

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

GENERAL PROPOSAL INFORMATION

1. 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.

1. If an 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 proposal 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 offers, 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.

1. 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.

1. 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.

1. 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.

1. 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 SDVOSB will be excluded from award consideration.

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

1. 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.

1. Proposals that contain 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.

PROJECT PROPOSAL ITEMS

See procedures for submittal of offers and proposal evaluation criteria.

ADDITIONAL SUBMISSION DOCUMENTS

The following documents are to be included with the proposal submission:

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

1. 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.

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

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

1. One (1) signed Buy American Certificate

1. 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.

1. 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.

1. 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.

1. Offerors are responsible for ensuring and verifying their offer and all required proposal documents are received at lester.griffith@va.gov and by the date and time specified in block thirteen (13)a of the SF 1442 solicitation (subject to amendment).

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

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 to Upgrade Emergency Generators Phase 1.

The Government intends to use the “Best Value” tradeoff process source selection approach in accordance with FAR 15.101-1. Award will be made to the responsive responsible offeror whose offer in conformance with this solicitation, results in the best value to the Government, price plus other factors considered. 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. Innovative, creative or cost-saving proposals that meet or exceed the requirements should be clearly noted and justified in the proposal.

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 – 3 Volume I: Sections 1-3 shall be submitted in .pdf format. Proposals should be typed using 11- point Times New Roman font. 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 4 Volume II: Section 4 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:

lester.griffith@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: Technical Capability, Past Performance, Schedule and Price Evaluation.

3.2.1 Schedule, Management approach Evaluation and technical: 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 or exceed the project’s requirements as identified in the SOW, and those proposals demonstrating an ability to exceed specified requirements may be rated higher in those areas than proposals demonstrating only the ability to meet requirements. Offerors are reminded to include their best technical and price terms in their initial offer and not assume that they will have an opportunity to participate in discussions or be asked to submit a revised offer.

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

5. EVALUATION FACTORS:

5.1 Evaluation Factor 1 - Technical Capability: Offerors shall submit a clear and concise narrative not to exceed 25 pages (front and back side use of a single page will count as 2 pages). This page limit excludes the Organizational Chart (with brief relevant details of individuals' experiences/qualifications), Tentative Schedule, Quality Control Plan synopsis. Company advertising literature shall not be included. The narrative shall address the two (2) sub-factors detailed herein. The sub-factors, listed under Evaluation Factor 1, are of equal importance. An overall rating will be assigned at the Factor Level only based on all reviewers' ratings. The Government will evaluate the offeror's answers for information and completeness.

Sub-factor 1: Management Approach.

Using the information submitted in response to the solicitation, the Government will evaluate the offeror’s ability to successfully manage the project.

1. Offerors shall identify key personnel proposed for the project and their documented experience on successful completion of other similar projects. Emphasis shall be placed on projects with construction occurring in fully active and sensitive hospital departments with multiple phasing requirements.

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

3. Offerors shall describe in detail the management techniques they will implement to ensure this project is completed timely and successfully. The project has very complicated phasing and coordination requirements within an active hospital affecting departments that must remain operational at all times. How subcontractors will be managed through the phased approach is to be clearly detailed. An understanding of the phasing requirements shall be presented with emphasis on timely completion while performing risk management and control of the project.

Sub-factor 2: Experience.

The offeror shall discuss their technical expertise and experience with successfully performing construction work in a fully active hospital environment. Expertise in quality control, successful implementation of a construction phasing schedule, experience in coordinating multiple discipline subcontractors working day, evening and overnight shifts concurrently, all while maintaining without interruption hospital department operations. The information provided should be for the offeror, not for proposed subcontractors.

5.2 Evaluation Factor 2 - Contractor's Past Performance

Submission Requirements: Contractor Past Performance - Project Recency and Relevancy

Using the information submitted in response to the solicitation, the Government will evaluate the offeror’s technical expertise to determine acceptability. The past performance section shall not exceed four (4) pages and shall be rated based on recent and relevant project submittals. To be evaluated favorably the offeror must provide details of three (3) previous similar contracts within the past three (3) years including:

1) Project description, at a minimum, the description should include scope, size and dollar value of the project and can include photographs, to determine recent and relevant past performance.

2) Show the participation of key personnel (identified previously with resume) in the listed projects. The offeror can also include the subcontractors by company name. Including subcontractors may be beneficial to show the experience of the company in addition to the key personnel.

3) Include customer's point of contact (name, title, phone number, and email).

In accordance with FAR 15.306(a)(2), if award will be made without conducting discussions, offerors may be given the opportunity to clarify certain aspects of their proposals, e.g., the relevance of an offeror's Past Performance information and adverse Past Performance information to which the offeror has not previously had an opportunity to respond, or to resolve minor clerical errors.

Evaluation Criteria Contractor Past Performance - Project Recency and Relevancy The SSEB will evaluate the Project Recency and Relevancy based on the information provided by the contractor.

Evaluation Criteria Contractor Past Performance - Confidence The SSEB will evaluate the degree of successful completion of the recent and relevant past performance identified in the proposal in response to Volume I, Section 2, Past Performance, for the prime contractor past performance along with the designated team of subcontractors. Documentation of satisfactory performance of projects similar in size, scope, and dollar value will be considered to have met the minimum requirements of the RFP. Projects that are not determined similar in size, scope and dollar value may not be considered. Past performance will be evaluated in accordance with FAR 15.305(a)(2). Evaluations may include past performance information regarding predecessor companies, key personnel who have relevant experience or subcontractors that will perform major or critical aspects of the requirement. Offerors without a record of relevant past performance or for whom information on past performance is not available may not be evaluated favorably or unfavorably on past performance and shall receive a neutral rating for Past Performance. Offerors may provide information on problems encountered on the identified contracts and the corrective action taken, if desired. This shall be rated based on the confidence portrayed for each of the projects submitted.

A neutral rating is given when no current and/or relevant performance record is identifiable upon which to base a meaningful performance risk prediction. Government Personnel were unable to identify any relevant Past Performance information for the offeror or key team members/subcontractors or their key personnel. This is neither a negative or positive assessment and represents and unknown risk.

This information shall be submitted for this procurement using Exhibit C, Past Performance Questionnaire, transmitted via Exhibit B, Sample Transmittal Letter and past Performance Evaluation Questionnaire.

5.3 Evaluation Factor 3 - Contractor's Schedule

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 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:

Construction Period: Mobilization; abatement; demolition method and sequencing; phasing; provisions for overtime or shift work; site and building utilities interruption, commissioning; punch list; final inspection; demobilization.

General Project Delivery Schedule and Narrative: Show relationships between construction activities for (at a minimum), phases of the work as detailed in the design documents.

The Offeror shall specify how much allowance has been made for bad weather in the schedule, interruption of work due to relocation of occupants or phase task dependency, the allowable days of the week and the hours of construction operations during each phased sequence of the work, and the percentage of contract completion that will be achieved at the end of each month of the contract.

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.

5.4 Evaluation Factor 4 - Volume II - Price Information

The offeror shall complete and submit Standard Form 1442. The offeror shall submit a price based on divisions that are further broken down by the line items. See attached division cost breakdown template. Note: If discussions or negotiations occur, the Government may require additional cost information.

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

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

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

(End of Clause)

2.2 52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of Provision)

2.3 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

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

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

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

(End of Provision)

2.4 52.222-23 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)

2.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Les Griffith via email at lester.griffith@va.gov Hand-Carried Address:

N/A

Mailing Address:

N/A

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

2.6 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for— December 09, 2024 at 11:00am

(c) Participants will meet at— Northport VAMC main lobby (End of Provision)

2.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Provision)

2.8 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

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

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

(End of Provision)

2.9 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) Prime contractors are encouraged to assist service-disabled veteran-owned and veteran-owned small business potential subcontractors in obtaining bonding, when required. Mentor firms are encouraged to assist protégé firms under VA's Mentor-Protégé Program in obtaining acceptable bid, payment, and performance bonds, when required, as a prime contractor under a solicitation or contract and in obtaining any required bonds under subcontracts.

(End of Clause)

2.10 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)

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

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

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

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

(i) Is otherwise eligible for award; and

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

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

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

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

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

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

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

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

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

2.12 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008) The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the Web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer.

[Contracting officer shall list all FAR and 48 CFR Chapter 8 (VAAR) provisions and clauses incorporated by reference that must be completed by the offeror or prospective contractor and submitted with the quotation or offer.] (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 236220.

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

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

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

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

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

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

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

[ ] (i) Paragraph (d) applies.

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

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

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

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

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

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

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

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

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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