36C24421R0079.pdf

1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION 3. DATE ISSUED PAGE OF PAGES

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014) STANDARD FORM 1442

Prescribed by GSA-FAR (48 CFR) 52.236-1(d)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION SOLICITATION

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SEALED BID (IFB)

NEGOTIATED (RFP)

11. The Contractor shall begin performance within ____________ calendar days and complete it within ____________ calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See _____________________________).

YES NO

a. Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

b. An offer guarantee is, is not required.

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

1 18

36C24421R0079 07-20-2021

529-21-4-565-0030 529-14-102

00244

Department of Veterans Affairs Network Contracting Office 4

Jeffrey Zbezinski 353 North Duffy Road Butler, PA 16001

Jeffrey Zbezinski 724-282-5581

Request for Task Order Repave Hospital Roads Project 529-14-102

Only one award will be made as a result of this solicitation and is subject to the availability of funds.

This project is being solicited only to MATOC contractors that have a Multiple Award Task Order Contract (MATOC) with the Pittsburgh, Erie, Butler VA Medical Centers. This request will result in a stand alone task order that will incorporate all terms and conditions from your base contract and require your signature.

Site visits are to be from 08/02/2021 to 08/06/21 between 8:00 am and 3:00pm.

Site Visits can be scheduled from issuance of solicitation,all site visits must be prescheduled with Ryan Gallagher at 724-285-2477 or 724-496-7348 OR Charles Lynch 724-285-2523 or 724-496-3765 .

Only prime contractors are to pre-register on or before Friday July 30, 2021 at 3PM E.D.T. NO EXCEPTIONS Time slots on a first-come, first-served basis.

Disclosure of Magnitude for this Project - Estimated price range between $1,000,000.00 and $5,000,000.00 NAICS code 237310 Highway, Street, and Bridge Construction $39.5 Million

Questions EMAIL ONLY to: Jeffrey.Zbezinski@va.gov will be due 8/12/21 at Close of Business -See Instructions to Offerors A preproposal teleconference scheduled Wednesday July 28, 2021 at 1 - 2:00PM E.D.T. to review project requirements.

Site visits are located at the Butler 325 New Castle Road campus (see 52.236-27).

ALL must adhere to Centers for Disease Control and Prevention and current PA COVID-19 guidelines to attend.

At the time of submission all MATOC Offerors must be a SDVOSB concern, verified and active in VETBIZ VIP Database for eligibility.

As per FAR 15.101-2 Lowest price technically acceptable source selection process will be used and all responsive offers will be evaluated to determine the most highly qualified offerors. The lowest priced contractor with an acceptable or higher rating will obtain the award of the task order. Offerors with a rating of lower than acceptable will not be eligible for award. The Best Value Offer must be verified and will be considered for an award.

Attached Davis Bacon Wage Determination PA2020079 is a requirement for the award and will apply for the duration of the contract.

15 330

X X 52.211-10

X 15 see instructions 4:30PM EDT

08-23-2021

X

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

00244

Department of Veterans Affairs Network Contracting Office 4

Austin Payment Center Department of Veterans Affairs

PO Box 149971 Austin TX 78714-9971

(877) 353-9791 (512) 460-5429

Jeffrey Zbezinski Contracting Officer

36C24421R0079

Table of Contents

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

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

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

ALTERATION, OR REPAIR)– BACK

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

2.2 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

(JUL 2020) (DEVIATION)

2.3 52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (SEPT 2000)

2.4 VAAR 852.219-76 SUBCONTRACTING PLANS MONITORING AND

COMPLIANCE (JUL 2018)

2.5 RECORDS CREATED BY VA

2.6 RECORDS MANAGEMENT OBLIGATIONS

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

1.00 JB ________________

Item 1: Repave Hospital Roads This project will include demolition, asphalt pavement reconstruction of Hospital Road between Evans City Road and B Street, reconstruction of building 46 Parking Lot, First Street, concrete curbs and gutters. Additionally pavement mill/overlay, curbing sidewalk improvements, ramp improvements, parking lot and road striping, grading, drainage and storm water improvements, utility improvements, lighting relocation and associated electrical work including wiring, conduits, light poles, light bases, light f ixtures, and connection to existing circuits, relocation of solar emergency communication boxes, laboratory equipment, landscaping and lawn restoration.

Please see the specifications for complete descriptions of each item.

Alternate Price 1: Remove Work associated with the reconstruction of Hospital Road between Evans City Road and B Street.

Alternate Price 2: Remove work associated with the reconstruction of building 46 Parking Lot.

Alternate Price 3: Remove work associated with the reconstruction of First Street, west of Hospital Road between buildings 6, 7, 8 and 46 including all improvements west of the deduct line shown on the plans.

Alternate Price 4: Remove work associated with the reconstruction of concrete curb and gutter along the south side of Hospital Road between station 31+50 and station 33+30.

Project: Repave Hospital Roads, Project # 529-14-102

Location: As shown in the drawing package - Butler VAMC 325 New Castle Road Butler, PA 16001.

Completion time: 330 calendar days.

This project will be a Request for Proposal (RFP), this solicitation set-aside 100% for Service-Disabled Veteran Owned Small Business (SDVOSB). The Butler VA anticipates awarding a task order contract utilizing ONLY one of the current Multiple Award Task Order Contracts (MATOC) for the Pittsburgh, Erie, Butler VA Medical Centers. To be awarded this contract it requires that the contractor MUST BE a certified Service-Disabled Veteran Owned Small Business when the proposal is submitted.

Description: This project will include demolition, asphalt pavement reconstruction, pavement mill/overlay, curbing and gutters, sidewalk improvements, ramp improvements, parking lot and road striping, grading, drainage and stormwater improvements, utility improvements, lighting relocation and associated electrical work including wiring, conduits, light poles, light bases, light fixtures, and connection to existing circuits, relocation of solar emergency communication boxes, laboratory equipment, landscaping and lawn restoration.

A detailed Statement of Work is provided within the Specifications and Drawing package.

Anticipated Trades:

• Laborers

• Carpenters

• Operating Engineers

• Electricians

• Concrete Finishers

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE

AND BONDS

(a) Proposal materials consisting of drawings, specifications and contract forms will ONLY be provided to (prime) MATOC contractors that have a Multiple Award Task Order Contracts (MATOC) for the Pittsburgh, Erie, Butler VA Medical Centers. Request for Proposal number 36C24421R0079 will contain plans, specifications and amendments

(b) A bid bond guarantee is required in an amount not less than 20 percent of the offer price but shall not exceed $3,000,000.00 Bid Bond is to be executed on a SF 24. Failure to furnish the required bid bond guarantee on the proper form and amount, by the time set for the 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.

(c) The offeror to whom award is made will be required to furnish two (2) bonds, a Payment Bond to be executed on the SF 25A and a Performance Bond to be executed on the proper SF 25, each in the penal sum as noted in the General Conditions of the Specification. Copies of the SF 25 and SF 25A can be obtained upon application to the issuing office

(d) Disclosure of the magnitude of construction: Between $1,000,000 and $5,000,000

ACKNOWLEDGMENT OF AMENDMENT(S) ____, ____, ____, ____, _____,

COMPANY NAME: ___________________________________________________________________

MATOC CONTRACT NUMBER: 36C24420D______.

CONTRACTORS SIGNATURE & DATE: _________________________________________________

IT IS ANTICIPATED THAT THIS TASK ORDER WILL BE AWARDED BY September/October 2021.

1. THE FOLLOWING DOCUMENTS MUST BE RETURNED TO THE CONTRACTING

OFFICE AS PART OF THEIR PROPOSAL Offer

2. Package, all items must be /accepted by COR and CO to be considered RESPONSIVE

/RESPONSIBLE:

a. RFP pages (ALL).

b. Contractors shall ensure all items AND (Schedule) item (s) are completed.

c. Acknowledgment of any and all amendments.

d. Provide your Company Name.

e. Provide your Companies MATOC Contract Number.

f. Sign and Date on the spaces provided.

g. CURRENT Safety or Environmental Violations and Experience Modification

Rate.

h. Exhibit C – Calculation of Self-Performed Work

i. Must have valid registration in https://sam.gov/content/home and https://www.vetbiz.va.gov/ under NAICS code 237310 at time of offer.

https://sam.gov/content/home https://www.vetbiz.va.gov/

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO

BIDDERS/OFFERORS

A Scope

1. This Request for Proposal (RFP) is issued and contractor’s offer SHALL BE evaluated as technically acceptable to be considered the Best Value in accordance with FAR part 15.101-2 Lowest price technically acceptable source selection process. The lowest price technically acceptable source selection process is being used, and the best value to the government is expected to result from selection of the technically acceptable proposal with the lowest evaluated price.

2. This project is for Repave Hospital Roads, which is located on the Butler VAMC Campus at 325 New Castle Road, Butler, PA 16001. The Statement of Work (SOW) fully along with Specifications and Drawings describes the requirement.

B Source Selection Procedures

1. Source Selection Overview: In accordance with FAR 15.3, the objective of source selection is to select the proposal that represents the best value to the Government. A contracting officer is designated as the source selection authority (SSA), unless the agency head appoints another individual. The SSA establishes an evaluation team that includes appropriate contracting, legal, and technical expertise to ensure a comprehensive evaluation of offers. The award decision is based on evaluation factors and significant sub-factors that are tailored to the acquisition. The factors represent the key areas of importance and emphasis to be considered in the source selection decision; and support meaningful comparison and discrimination between and among competing proposals.

2. Evaluation: The proposal evaluation is an assessment of the proposal and the offeror’s ability to perform the prospective contract successfully. The technical, price, and source selection boards will evaluate competitive proposals and then assess their qualities solely on the factors and sub-factors specified in the solicitation. Evaluations may be conducted using any rating method or combination of methods, including color or adjectival ratings, numerical weights, and ordinal rankings. The relative strengths, deficiencies, significant weaknesses, and risks supporting proposal evaluation shall be documented in the contract file.

3. Past Performance: Past performance information is one indicator of an offeror’s ability to perform the contract successfully. The currency and relevance of the information, source of the information, context of the data, and general trends in contractor’s performance shall be considered.

4. SSA’s Final Decision: The SSA’s decision shall be based on an assessment of proposals against all source selection criteria in the solicitation. While the SSA may use reports and analyses prepared by technical experts, the source selection decision shall represent the SSA’s independent judgment. The source selection decision shall be documented, and the documentation shall include the rationale for any business judgments made by the SSA.

Although the rationale for the selection decision must be documented.

C Source Selection for this procurement:

The is a lowest price technically acceptable source selection best value process. The items listed below MUST BE considered technically acceptable proposal with the lowest evaluated price. Proposals are evaluated for acceptability by the Source Selection Evaluation Board (SSEB). Only those offerors receiving an “acceptable” will be considered for award. Award will be made to the offeror who provided a technically acceptable rating with the lowest price, determined to be fair and reasonable.

1. Project Experience and Past Performance, Similar Like projects as SOW.

Basis of Evaluation: Contractor shall show that they have completed projects that have included, demolition, asphalt pavement reconstruction, pavement mill/overlay, curbing and gutters, sidewalk improvements, ramp improvements, parking lot and road striping, grading, drainage and stormwater improvements, utility improvements, lighting relocation and associated electrical work including wiring, conduits, light poles, light bases, light fixtures, and connection to existing circuits, relocation of solar emergency communication boxes, laboratory equipment, landscaping and lawn restoration. Major Subcontractors to be named and/or Teaming Partner identified, VA Standard forms for past performance on projects – (Exhibits A & B)

No more than three projects submitted Projects must be within last five years.

2. COVID 19 Written Plan Basis of Evaluation: Written plan shall meet current CDC and Pennsylvania State Requirements.

Plan shall also detail Employee Protection requirements in accordance with CDC.

Procedures for sick employees both on and off the job and their return to work policy.

3. Price.

Basis of Evaluation: Offerors shall provide all price information necessary to provide a meaningful basis for Government's analysis and evaluation of price for the project. The Government is not and does not intend to request certified pricing data. Offerors may be required, during the evaluation process to provided sufficient price information that will enable the Government to perform an accurate evaluation. If an offeror proposes an unusually low price, the offeror shall also provide rationale to justify the price. Detailed requirements follow:

a. Offer – Complete in its entirety the “Offeror” portion of the Standard Form (SF) 1442.

b. Exhibit C – Include exhibit C, Calculation of Self Performed Work

c. 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.

NOTE: The Government reserves the right to reject any or all proposals at any time prior to award; open negotiations, request clarifications with any or all offerors. The offeror submitting the lowest total price may not be permitted to correct items deemed to be unacceptable. An award would be made to the offeror submitting the proposal determined to be considered by the

Source Selection Evaluation Board (SSEB) technically acceptable and Source Selection Authority(SSA) the best value offer for the Government. Offerors are advised an award may be made without discussion or any contact concerning the proposals received. Offerors should not assume that they would be contacted or afforded an opportunity to qualify, discuss, or revise their proposals. However, the Government reserves the right to clarify certain aspects of proposals or conduct discussions providing an opportunity for the offeror to revise its proposal, ONLY if determined to be in the best interest of the Government.

PART III – PROPOSAL REQUIREMENTS

A. General

1. Offerors Total Page count NOT to exceed 40 double sided (equal to 80 singled sided pages; Font, Times New Roman, 11 point. Exhibit pages are NOT counted toward the total page count limitation.

2. Proposals shall be based on solicitation documents and amendments issued for RFP Solicitation Number 36C24421R0079.

a Proposals shall be received, unless amended, by Close of Business August 23, 2021.

Proposals that are received after this time shall be late and may not be considered.

b All offers/proposals (MUST be submitted electronically via email) to:

Jeffrey Zbezinski Jeffrey.Zbezinski@va.gov Subject line: Proposal 36C24421R0079 Repave Hospital Roads c HAND CARRIED OFFERS WILL NOT BE ACCEPTED – NO EXCEPTIONS.

d Your email proposal submission must not exceed 15MB.

e Contractor is responsible to verify proposal has been received on time by contacting

Jeffrey Zbezinski 724-282-5581 and/or Jeffrey.Zbezinski@va.gov

B Proposal Revisions (FAR 52.215-1)

If determined to be necessary, proposal revisions may be requested from the offerors determined to be in the competitive range. The Contracting Officer will identify those offerors in accordance with the selection criteria identified in the request for proposal. Revised proposals request (an amendment will be issued) will be due at a time and place to be determined.

Please be advised that the Government intends to evaluate and award a task order without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

mailto:Jeffrey.Zbezinski@va.gov

2.1 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—

325 New Castle Road Butler, PA 16001

(c) Participants will meet at—

COVID Site Plan - confirm with COR location when scheduling

(End of Provision)

2.2 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR

2020) (JUL 2020) (DEVIATION)

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

(2) The small business size standard is $39.5 Million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

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

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

[ ] (i) Paragraph (d) applies.

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

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

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

(A) The acquisition is to be made under the simplif ied 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 simplif ied 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 simplif ied acquisition threshold.

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

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

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

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

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

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

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

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

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

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

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

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

(xviii) 52.223-4, Recovered Material Certif ication. 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 Certif icate. 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 $83,099, the provision with its Alternate II applies.

(C) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan— Certif ication. 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.

[X](vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

[](vii) 52.227-6, Royalty Information.

[](A) Basic.

[](B) Alternate I.

[](viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

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

https://www.sam.gov/

FAR Clause # Title Date Change

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

(End of Provision)

2.3 52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (SEPT 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $302.25 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of Clause)

FAR

Number

Title Date

52.232-18 AVAILABILITY OF FUNDS APR 1984

2.4 VAAR 852.219-76 SUBCONTRACTING PLANS MONITORING AND

COMPLIANCE (JUL 2018)

(a) This solicitation includes FAR 52.219-9, Small Business Subcontracting Plan, and VAAR 852.219-9, VA Small Business Subcontracting Plan Minimum Requirement.

(b) Accordingly, any contract resulting from this solicitation will include these clauses, unless the contract is awarded to a small business concern. The Contractor is advised in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) to assist in assessing the Contractor's compliance with the plan, including reviewing the Contractor's accomplishments in achieving the subcontracting goals in the plan.

To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor compliance with the subcontracting plan.

(End of Clause)

2.5 RECORDS CREATED BY VA

2.6 RECORDS MANAGEMENT OBLIGATIONS

A. Applicability

This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions

"Federal record" as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. includes Department of Veterans Affairs records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their Department of Veterans Affairs contract.

4. may include deliverables and documentation associated with deliverables.

C. Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law.

Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. The Department of Veterans Affairs and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of the Department of Veterans Affairs or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to the Department of Veterans Affairs. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the purchase order. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government's behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to the Department of Veterans Affairs control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand-carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the Purchase Order.

Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and the Department of Veterans Affairs guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with the Department of Veterans Affairs policy.

8. The Contractor shall not create or maintain any records containing any non-public Department of Veterans Affairs information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The Department of Veterans Affairs owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which [Agency] shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with or otherwise handle records are required to take [Agency]-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

D. Flowdown of requirements to subcontractors

1. The Contractor shall incorporate the substance of this clause, its terms, and requirements including this paragraph, in all subcontracts under Purchase Order, and require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

(END OF CLAUSE)

See attached document: 529 14 102 Final Bid Submission ConstructionPlans 4 of 6.

See attached document: 529 14 102 Final Bid Submission ConstructionPlans 6 of 6.

See attached document: 529 14 102 Final Bid Submission ConstructionPlans 1 of 6.

See attached document: 529 14 102 Final Bid Submission ConstructionPlans 2 of 6.

See attached document: 529 14 102 Final Bid Submission ConstructionPlans 3 of 6.

See attached document: 529 14 102 Final Bid Submission ConstructionPlans 5 of 6.

See attached document: 529 14 102 Final Bid Submission Specifications.

See attached document: EXHIBIT A Past Performance Relevancy Questionnaire.

See attached document: EXHIBIT B Subcontractor Information and Consent Form.

See attached document: EXHIBIT C Calculation of Self Performed Work.

See attached document: EXHIBIT D Sample Transmittal Letter for Past Performance Evaluation Questionnaire .

See attached document: EXHIBIT E Past Performance Questionnaire.

See attached document: Wage Rate PA20210079.

See attached document: COVID Site Plan.

End of Document