36C24620R0152_3.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.

36C24620R0152 X 10-23-2020

TBD

558-17-233 Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton

VA

23667 Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton

VA

23667 Desiree Mills 757-728-7146 Request for Proposal Project Title: Renovate/Replace Pharmacy Air Handling Units (AHU) Project Number: 558-17-233 Project Location: Durham VA Medical Center 508 Fulton Street Durham, NC 27705

Magnitude of Construction: Between $1,000,000 and $5,000,000 This is a Total SDVOSB Set-Aside : Contractors must be registered in the Vendor Information Page to be elgible for award NAICS Code: 236220 | Size Standard : $39.5 Million Questions are due no later than 10/28/2020 at 12pm noon Eastern Standard Time -Email to desiree.mills-hicks@va.gov Proposals due no later than 11/23/2020 at 12pm noon Eastern Standard Time- Email proposals to desiree.mills-hicks@va.gov

X X 52.211-10 X 12 noon EST

EST

11-23-2020 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

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

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

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

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

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

TO SIGN

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

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

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

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

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

(Contractor is not required to sign this document.)

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

Line Item 0001: Renovate compounding pharmacies in F1204 and N1004 (the satellite pharmacy), including the replacement of the two Air Handling Units that serve them.

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton

VA

23667 Department of Veterans Affairs Financial Services Center

PO BOX 149971

Austin

TX

78714-9971

Table of Contents

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

A.3 STATEMENT OF WORK

Replace Pharmacy AHUs Renovate F1204 and N1004 Compounding Pharmacies

USP 797/800

Construction Project 558-17-233

Work includes the renovation of the compounding pharmacies in F1204 (the main pharmacy) and N1004 (the satellite pharmacy), including the replacement of the two Air Handling Units that serve them. Both pharmacies were expanded and reorganized to meet the requirements of USP 797, USP 800, and the VA Pharmacy Design Guide. F1204 is located on Level 1 of Building 1, and N1004 is located on Level 1 of Building 23, which connects to Building 1.

(a) Phasing: Project construction will be phased as indicated in drawings, narratives, and specifications and will have a minimum of two separate phases. Work will be scheduled to minimize the disruption to the medical center and other contractors. NTP will be issued within 15 days of contract award. All required submittals will need to be issued to the VA for approval within first two weeks of contract start date.

(b) Contract Duration: 200 calendar days from notice to proceed (NTP).

a. Site set up – 14 calendar days

b. Phase 1 construction – 75 calendar days

c. Phase 1 VA activation (no work performed) – 21 days

d. Phases 2 construction – 90 calendar days

(c) Magnitude of Contruction: Between $1,000,000 and $5,000,000.

(d) Place of Performance: Tasks will be performed at the VA Health Care System at 508 Fulton Street, Durham, NC. Work will be around an occupied healthcare facility in operation 24 hours a day. No onsite construction parking is provided or authorized.

(e) Hours of Performance: Construction will be during business hours 0730-1700, Monday through Friday with all federal holidays observed. Additional time outside of this these time and days may be authorized by the COR.

(f) Contract Performance: Contractor will be rated in CPARS every 60-90 days after contract award.

Page 1 of Page 1 of

A.4 WAGE DETERMINATION

"General Decision Number: NC20200028 08/14/2020

Superseded General Decision Number: NC20190028

State: North Carolina

Construction Type: Building

County: Durham County in North Carolina.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

INSTRUCTIONS TO OFFERORS

This section is for solicitation purposes only. This section will be physically removed from any resultant award but will be deemed incorporated by reference.

GENERAL INSTRUCTIONS

1. All proposal preparation cost will be the sole responsibility of the Offeror. The Government will not reimburse any firm for their proposal preparation cost.

2. The price, technical response, and past performance of each Offeror will be evaluated independently. Offerors shall separately document each of the three factors. Each of the three offer sections shall therefore be labeled with the Offerors name, business address and VA Solicitation Number.

3. To assure timely and equitable evaluation proposals, Offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including these instructions, the terms and conditions, representations and certifications, and technical and past performance requirements. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

The offer shall consist of three (3) separate parts:

· PART I – TECHNICAL CAPABILITY

· PART II – PAST PERFORMANCE

· PART III – PRICE

SPECIFIC INSTRUCTIONS

1. PART I – TECHNICAL PROPOSAL – Submit electronic PDF document(s) by email.

Qualified Personnel / Qualified Worker, and Corporate Experience.

Format as follows:

TAB A: GENERAL INFORMATION

· Cover page with Solicitation Number and Project Title

· Table of Contents

· Company information to include: DUNS Number, Cage Code, Tax ID Number, principle points of contact with addresses, phone numbers, and email addresses.

TAB B: TECHNICAL CAPABILITY

· Qualified Personnel / Qualified Worker – Subfactor 1

· Corporate Experience – Subfactor 2

2. PART II – PAST PERFORMANCE – Submit Past Performance Questionnaires to references.

· Past Performance Questionnaires: The contractor shall send out the enclosed past performance questionnaires to each of their references listed under the Corporate Experience technical factor or any other references that the Offeror deems necessary. The Government will evaluate the quality and extent of Offeror’s performance deemed relevant and recent to the requirements of this solicitation.

· The references must return the survey directly to the Government Contract Specialist listed on the survey, via email.

3. PART III – PRICE PROPOSAL – Submit electronic PDF document(s) by email.

TAB A: General Information

· Cover page with Solicitation Number and Project Title

· Table of Contents

· Company information to include: DUNS Number, Cage Code, Tax ID Number, principle points of contact with addresses, phone numbers, and email addresses.

TAB B: Offer, Guarantee, and Certifications

· Complete the SF 1442, Blocks 14, 15, 17, 19, 20a, 20b, 20c, and 30. An official having the authority to bind your company contractually must sign and date the SF 1442 Block 30b. One copy of the SF 1442 must bear an original, authorized signature. In doing so, the offeror accedes to the contract terms and conditions as written in the RFP. All sections of the RFP, excluding Instructions to Offerors and Evaluation Procedures Sections, constitute the model contract.

· All CLIN items to include base and alternates in the Price Schedule must include a price, to include Offerors cost breakdown in sufficient detail to permit a complete analysis of labor, burden, materials, equipment, transportation, supervision, and disposal. The total evaluated price will consist of the Offeror’s proposed price and the Government’s independent cost estimate. The Government may determine that an offer is technically acceptable; however, the prices are significantly unbalanced. Price reasonableness will be performed by the Contracting Officer if during evaluation, it is determined that discussions are necessary, Offerors’ Final Proposal Revisions after discussions will be considered in making the source selection decision.

· Complete 52.204-8 Annual Representations and Certifications, paragraph (d) applies to this contract. 52.209-5 complete (a)(1) and (2), and 52.209-7 paragraph (b). Print out these provisions in their entirety and submit it with the proposal. Offerors shall submit only those pages that require fill-in.

· Acknowledgement of Amendments

· Copy of VetBiz Registry printout showing your firm as a verified SDVOSB

GENERAL INFORMATION

1. Format for proposal PART I and II shall be as follows:

· A page is defined as one face of an 8 ½” x 11” sheet of paper containing information.

· Typing shall not be less than font size 11.

2. Offers shall be submitted via email to the Contract Specialist, Desiree Mills at desiree.mills-hicks@va.gov prior to the due date and time identified in the solicitation. Multiple emails will likely be required to submit all attachments. Server Compacity is 10MB for file attachments, per email.

3. Each response shall address each factor in the sequence listed and clearly identify which factor is being addressed.

4. There shall be no mention of costs in the Technical Proposal.

EVALUATION FACTORS FOR AWARD

THIS SECTION IS FOR SOLICITATION PURPOSES ONLY. THIS SECTION WILL BE PHYSICALLY REMOVED FROM ANY RESULTANT AWARD BUT WILL BE DEEMED INCORPORATED BY REFERENCE.

1. The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforms to the solicitation will be most advantageous to the Government, price and other factors considered. The following factor shall be used to evaluate offers:

PART I – TECHNICAL CAPABILITY

PART II – PAST PERFORMANCE

PART III – PRICE

2. BASIS FOR CONTRACT AWARD: This a competitive Best Value Trade Off (Trade Off) source selection in which technically acceptable competing Offerors will be assigned a Past Performance Confidence Assessment Rating and will then be evaluated for price fairness and reasonableness.

· All evaluation factors other than price, when combined are significantly more important than price alone. This solicitation lists the evaluation factors and subfactors in order of relative importance.

· The Government reserves the right to award a contract to other than the lowest priced offer if the lowest priced Offeror is determined to have a performance confidence assessment of “Satisfactory Confidence” or lower. In that event the Source Selection Authority shall make an integrated assessment best value award decision, where the perceived benefits of the higher priced proposal, and the rationale for tradeoffs, shall be documented in the contract file in accordance with FAR 15.406.

3. By submission of its offer, the Offeror accedes to all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in an offer being determined unacceptable. The evaluation process shall proceed as follows:

PART I – TECHNICAL CAPABILITY

Offers will first be evaluated for conforming to the solicitation requirements, by the Contract Specialist, without regard to evaluation of specific technical capability, past performance, or price factors. Exchanges may occur to identify/confirm missing documentation and a determination will be made regarding whether the Offeror should/can be allowed to submit any missing/deficient documentation. Offers conforming to the solicitation requirements will be provided to the Technical Evaluation Board (TEB) for the next evaluation stage. The technical capability of all offers will be evaluated on strengths and weaknesses. Qualified Personnel/Qualified Worker, and Corporate Experience.

NOTE: Those offers not meeting the minimum standard for acceptability will not be considered for award (i.e fail to meet minimum as defined by attached specifications). Qualified Personnel/Qualified Workers, and Corporate Experience sub-factors will be evaluated, and all areas must have an ACCEPTABLE rating. The technical capability sub-factors ratings of Acceptable will be required in order to considered for award.

Evaluators shall assign a rating based on the minimum requirements stated below.

SUB-FACTOR 1 – Qualified Personnel/Qualified Workers (Key Personnel)

Adjectival

1. Criteria: Offeror must provide an organizational chart identifying onsite project supervision / qualified personnel/ and qualified workers with a description of their work experience relating to projects similar in size and scope (minimum threshold: 5 years’ experience with work involving many construction trades including Electrical and Mechanical trades. Key personnel must also meet any requirements outlined in the Specifications. The key personnel required for this contract include the Offeror’s (1.) Project Manager, (2.) Site Superintendent, (3.) Quality Control Manager and (4.) Site Safety and Health Officer (SSHO). Key personnel shall be employees of the prime contractor. The Site Superintendent and Site Safety and Health Officer (SSHO) may be the same person if qualified in accordance with the Specifications.

2. Minimum Standard of Acceptability: The minimum standard of acceptability is met when the offer provides:

a. An organizational block identifying onsite project supervision / qualified personnel / qualified workers:

· Each individual’s name, title, duty, years of experience and experience level related to similar contracts in size and scope (minimum threshold: 5 years’ experience relevant experience)

· Narrative for the project supervision and qualified personnel showing project history with these personnel in relation to this project’s description.

Sub-Factor 2 – Corporate Experience

Adjectival

1. Criteria: Offerors must provide a minimum of three (3) and a maximum of five (5) references of their choice of completed projects, similar in size and scope (minimum threshold: 5 years’ experience high/medium voltage electrical projects at hospitals within the United States, with a total contract value $500,000) to the project being solicited.

2. Minimum Standard of Acceptability: The minimum standard of acceptability is met when the offeror provides a minimum of three (3) and a maximum of five (5) examples of their choice of completed projects or in progress of similar contracts in size and scope (minimum threshold: 5 years’ experience high/medium voltage electrical projects at hospitals within the United States, with a total contract value $500,000). In describing the construction experience, provide the following information:

· Project title, location and brief description of the project and contracting method (design build, design bid construct, CM at risk, Turnkey, etc).

· Project owner and name and telephone number of owner’s contact person.

· Indicate your firm’s role as a prime contractor or subcontractor, etc.

· Project Prime Contractor and Major Subcontractors and name and telephone of contact person(s).

· Project Statistics including start and completion dates (original vs. actual) for construction; cost (with brief explanation of what is included in the cost); square footage; and any awards received.

· Confirmation that the prime contractor and subcontractors are licensed for the work being performed in the state where the project is located, where specified, or otherwise in the state from which the contractor or subcontractor originates. Work requiring license in the State of North Carolina includes all Electrical work.

Sub-Factor 3 – Project Management Plan CRITERIA and SUBMISSION REQUIREMENTS: Please provide a brief project management plan, outlining the processes, methods and a brief, tentative schedule by which work would be completed. Limited to three pages (8.5” x 11”), single spaced line spacing, with 1” page margins. The project management plan will be evaluated for sufficient initiating, planning, executing, monitoring/controlling, and closing processes to satisfy the project specifications, including the offeror’s processes for controlling the quality and timely execution of subcontractor work. Discussions may be held to address any questions regarding how the work will be performed and/or negotiate the plan.

Sub-Factor 4 – Contractor Responsibility Items CRITERIA and SUBMISSION REQUIREMENTS: In accordance with VHA Directive 7715, Safety and Health During Construction, the offeror shall have 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, and a current Experience Modification Rate (EMR) equal to or less than 1.0. Offeror shall provide (1.) completed OSHA Form 300A for the three (3) year period, (2.) a memorandum statement regarding OSHA and EPA violations, and a (3.) letter from their worker’s compensation insurer disclosing their Experience Modification Rate (EMR) rating. Documentation submitted with the offer must be complete and must demonstrate compliance to be considered acceptable.

PART II – PAST PERFORMANCE

The Government will evaluate the offeror’s demonstrated past performance of recent and relevant projects, in order to determine the Offeror’s ability to perform the contract successfully and help determine responsibility. Past performance information shall include but not limited to evaluation of past performance of the firm having experience in high/medium voltage electrical construction projects in a hospital environment, quality, timely performance, management effectiveness, and safety. An overall Past Performance Confidence Assessment Rating will be assigned, but each past performance reference will first be evaluated for “recency” and “relevancy”. Therefore, the following ratings tables will be used. “Recent” past performance is defined as projects completed within the last five years, from the date of issuance of this solicitation. Past performance references meeting the “minimum threshold” criteria but not related to high/med voltage electrical construction projects will be rated at “Somewhat Relevant”. Past performance references meeting the “minimum threshold” criteria, which included high/med voltage electrical construction projects or with emphasis on high/med voltage electrical construction projects in a hospital setting will be assigned a relevancy rating based on the below rating definitions with regard to the tasks outlined in the Specification of similar scope and complexity.

Past Performance Relevancy Rating Method

Performance Confidence Assessment Rating Method

1. CRITERIA: Offerors must provide a minimum of three (3) and a maximum of five (5) references of their choice of completed project, similar in size and scope (minimum threshold: 5 years’ experience high/medium voltage electrical projects at hospitals within the United States, with a total contract value $500,000). The Offeror must provide for each reference’s company name, POCs, address, contact information to include phone number and email address, project description, dollar value, and period of performance. SEE NOTE BELOW, regarding the past performance questionnaire.

2. EVALUATION AND PERFORMANCE CONFIDENCE ASSESSMENT RATING: The Government will consider and evaluate the Offeror’s past performance information to include the references and completed surveys, which are deemed recent and relevant for the requirements of this RFP, including evaluation of the Offeror’s adherence to the period of performance/time of construction and construction according to contract specifications and design without deficiencies. The Government may also use information submitted by the Offeror and other sources such as other Federal Government Offices to include Past Performance Information Retrieval Systems (PPIRS), and commercial sources to assess performance. “Recent” past performance is defined as projects completed within the last five years, from date of issuance of solicitation.

3. Relevancy ratings and Performance Confidence Assessment Rating will be assigned as defined in the above tables.

NOTE: The contractor shall send out the attached past performance questionnaires to each of their references listed under the Corporate Experience technical factor or any other references that the offeror deems necessary. The Government will evaluate the quality and extent of Offeror’s performance deemed relevant and recent to the requirements of this solicitation.

The references must return the survey directly to the Government Contract Specialist identified on the survey, via email.

PART III – PRICE PROPOSAL

Finally, offers that are deemed technically acceptable, and assigned a Performance Confidence Assessment rating will be evaluated for fairness and reasonableness of price. The Offeror’s price proposal will be submitted in a separate volume. No price information is to be included in the technical sections of the proposal. Price will not receive a technical rating.

1. The Government will evaluate offers for award purposes by reviewing the total price offered for Line Item 0001. The Government will use the Government Estimate as the control amount for price evaluation. The Government Estimate is a source selection sensitive information and its release during evaluation and selection would negatively affect later negotiations, if held. (see FAR 36.203(c)).

2. The Government intends to evaluate proposals and award a contract 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. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

3. Each Offeror’s price proposal will be evaluated for fairness and reasonableness, using any of the methods identified at FAR 15.404-1(b)(2). Other than certified cost or pricing data may be requested if price fairness and reasonableness cannot be otherwise determined.

4. An Offeror’s proposal may be rejected if it is determined during exchanges that a significant element of work was omitted from the offeror’s price, where correction of the mistake would result in an increase of the offeror’s proposed price(s).

5. The Government intends to award a contract without exchanges with respective Offerors. Therefore, the Offeror’s initial offer should contain that Offeror’s best terms from a price and technical standpoint. The Government, however, reserves the right to conduct exchanges if deemed in its best interest. Prior to exchanges, a competitive range will be established and the Offerors within the competitive range will be part of the exchanges. The Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. Conducting ‘clarifications’ does not require establishment of a competitive range (see FAR 15.306(a)).

2.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Provision)

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 52.225-10 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)

2.6 52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3 Million, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of Provision)

2.7 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:

Desiree Mills

Hand-Carried Address:

Department of Veterans Affairs Contracting Office Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 Mailing Address:

Department of Veterans Affairs Contracting Office Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

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

(End of Provision)

2.8 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—

(c) Participants will meet at—

(End of Provision)

2.9 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)

(a) Any protest filed by an interested party shall—

(1) Include the name, address, fax number, email and telephone number of the protester;

(2) Identify the solicitation and/or contract number;

(3) Include an original signed by the protester or the protester’s representative and at least one copy;

(4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents;

(5) Specifically request a ruling of the individual upon whom the protest is served;

(6) State the form of relief requested; and

(7) Provide all information establishing the timeliness of the protest.

(b) Failure to comply with the above may result in dismissal of the protest without further consideration.

(c) Bidders/offerors and Contracting Officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.

(End of Provision)

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

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

REPRESENTATIONS AND CERTIFICATIONS

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

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(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…