36C24623B0007_1.docx
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- Y1PZ--590-19-107 Replace Perimeter Fence
- Solicitation number
- 36C24623B0007
About this file
This document is an invitation for bids for a federal construction contract to replace perimeter fencing at the Hampton VA Medical Center in Hampton, Virginia. The contractor will provide all labor, materials, equipment, and expertise to remove existing fencing and install new fencing, gates, footings, and associated electrical work over a 560-day performance period. This procurement is set aside exclusively for service-disabled veteran-owned small businesses. Bids are due on February 17, 2023 and bid opening will be conducted virtually. The award will be made to the responsible bidder offering the lowest price.
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Other files
| File | Type | Posted |
|---|---|---|
| S07. Bid Abstract 36C24623B0007 - CO Signed.pdf | ||
| 36C24623B0007 0008.docx | DOCX document | |
| S05 Hampton Fence RFI Responses 3-1-2023.pdf | ||
| 36C24623B0007 0007.docx | DOCX document | |
| Fence Amendment Nine.pdf | ||
| 590-19-107 - Replace Perimeter Fence - Plan Revisions 1 - Combined Drawings.pdf | ||
| S04 Site Visit Participants Perimeter Fence.pdf | ||
| 36C24623B0007 0006.docx | DOCX document | |
| Perimeter Fence Sheet 5 CD101.pdf | ||
| 36C24623B0007 0005.docx | DOCX document | |
| 36C24623B0007 0004.docx | DOCX document | |
| Sheet 5 CD101.pdf | ||
| 36C24623B0007 0003.docx | DOCX document | |
| Attachment E Drawings-Replace Perimeter Fence.pdf | ||
| 36C24623B0007 0002.docx | DOCX document | |
| Attachment B Final Specifications Manual - Hampton VAMC - Construct Perimeter Fence.pdf | ||
| Attachment D - Itemized Schedule of Values Cost Breakdown Fence.xls | XLS spreadsheet | |
| S02 IFB PERIMETER FENCE Final.pdf | ||
| Attachment A - Submittal Log.pdf | ||
| Attachment C Wage Det VA20220022 Dated 12092022.pdf |
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Text version
See attached document: S02 IFB PERIMETER FENCE Final.
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.
36C24623B0007 X 01-11-2023
TBD
590-19-107 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 Stervon Johnson 757-315-3980 Project Title: Replace Perimeter Fence Project Number: 590-19-107 NAICS Code: 238990 - All other Specialty Trade Contractors Size standard 16.5 million IAW VAAR 836.204, Magnitude of construction is between: $1,000,000 and $5,000,000
Project Description: Replace Perimeter Fence Base Bid: Work includes general construction, alterations, This includes removal of existing fencing, posts, footers, concrete slabs and installing new fencing, footers, metal post, concrete slabs, brick columns, electrically powered vehicular gates, manually operated pedestrian gates, bollards, and all associated electrical work. The contractor shall manage and perform construction period services.
See the BASE BID ITEM LISTS with ALTERNATE DEDUCT, the Specifications, and the Drawings for additional descriptions.
THIS IS A 100% SERVICE DISABLED VETERAN OWNED SMALL BUSINESS (SDVOSB) SET-ASIDE IAW 38. U.S.C. 8127 (d).
The SDVOSB is required to perform a minimum of 25% of the construction work on the project with its own labor force.
This does not include paperwork, submittals, and project management.
This contract will be awarded IAW FAR 14 - Sealed Bidding
IAW established public law, all proposals are required to be registered and current in System for Award Management (SAM) at the time of award. The Official website of the U.S. Government at www.sam.gov.
Pre-Bid Conference / Site Visit: 1-24-2023 @ 10:00AM EST Building 27 if rain is 60%in Hampton VA 1/24 we will meet 1/25 same time. Cut-off date for questions: 2-1-2023 @ 3PM EST; all questions will be emailed to Stervon.Johnson@va.gov No telephone calls will be accepted; all answers will be provided to read all answers will be provided by amendment.
Bid Due Date: 2-17-2023 10AM EST; Opening bids will be emailed to Stervon.Johnson@va.gov and CC Nicholas.Ruppert@va.gov
Bids Opening will be a Teams Call 2-21-2023 @ 10AM EST (See IFB for Login Information)
Prime SDVOSB shall comply with subcontracting limitation as defined in 13 CFR 125.6 Bid Bond is required.
X X 52.211-10 X
(1) EMAILED
7AM
EST
01-16-2023 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
BASE BID
ALTERNATIVE I:
ALTERNATIVE II:
ALTERNATIVE III:
ALTERNATIVE IV:
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 512-460-5049 512-460-5221
Table of Contents
| PART I - THE SCHEDULE | 2 |
| SECTION A - SOLICITATION/CONTRACT FORM | 2 |
| A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair) | 2 |
| A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION, ALTERATION, OR REPAIR)– BACK | 3 |
| A.3 PRICE/COST SCHEDULE | 6 |
| ITEM INFORMATION | 6 |
| INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS | 14 |
| 2.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 21 |
| 2.2 52.216-1 TYPE OF CONTRACT (APR 1984) | 22 |
| 2.3 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) | 22 |
| 2.4 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999) | 23 |
| 2.5 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014) | 24 |
| 2.6 52.228-1 BID GUARANTEE (SEP 1996) | 25 |
| 2.7 52.233-2 SERVICE OF PROTEST (SEP 2006) | 25 |
| 2.8 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995) | 26 |
| 2.9 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020) | 26 |
| 2.10 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018) | 26 |
| 2.11 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018) | 27 |
| 2.12 VAAR 852.236-92 NOTICE TO BIDDERS—ADDITIVE OR DEDUCTIVE BID LINE ITEMS (APR 2019) | 27 |
| REPRESENTATIONS AND CERTIFICATIONS | 29 |
| 3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2022) (JUL 2020) (DEVIATION) | 29 |
| 3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) | 33 |
| 3.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 35 |
| 3.4 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—CERTIFICATION (NOV 2021) | 36 |
| 3.5 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND REPRESENTATION (JUN 2020) | 38 |
| GENERAL CONDITIONS | 40 |
| 4.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 40 |
| 4.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) | 43 |
| 4.3 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (OCT 2022) | 43 |
| 4.4 52.223-21 FOAMS (JUN 2016) | 45 |
| 4.5 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (OCT 2022) | 46 |
| 4.6 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020) | 50 |
| 4.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018) | 51 |
| 4.8 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (MAY 2020) | 51 |
| 852.219-73 VA Notice of Total Set-Aside for Verified Service-Disabled Veteran-Owned Small Businesses. | 52 |
| 4.9 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008) | 55 |
| 4.10 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) | 56 |
| 4.11 VAAR 852.232-70 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS– CPM) (NOV 2018) | 56 |
| 4.12 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 59 |
| 4.13 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019) | 60 |
| 4.14 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019) | 61 |
| 4.15 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019) | 61 |
| 4.16 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT ADMINISTRATION (OCT 2020) | 62 |
| 4.17 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 63 |
| 4.18 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT (SEP 2019) | 63 |
| 4.19 SUPPLEMENTAL INSURANCE REQUIREMENTS | 64 |
| 4.20 MANDATORY WRITTEN DISCLOSURES | 65 |
A.3 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1.00 |
| JB |
| __________________ |
| __________________ |
BID ITEM I (BASE BID): The contractor shall provide all tools, labor, materials, equipment, supervision, and expertise required to perform general construction of new fence, alterations, roads, walks, gates, security fencing, drainage, and removal of existing fence and certain other items, as indicated in the construction documents. This includes necessary removal of existing fencing, rails, posts, gates, footings, and certain other items.
Contract Period: Base POP Begin: 12-30-2022 POP End: 05-30-2025
| 1.00 |
| JB |
| __________________ |
| __________________ |
BID ITEM 2 All work as specified for Bid Item 1 minus the following: All work associated with the construction and demolition of approximately 288 LF from the fence in the woods off of MLK Jr. BLVD. Remove and replace all fence, rails, posts, gates, footings, etc. This information can be located on the “Replace Perimeter Fence” plans sheet CS116. (Time & Cost) Contract Period: Base
| 1.00 |
| JB |
| __________________ |
| __________________ |
BID ITEM 3 (DEDUCT ALTERNATE 2): All work associated with BID ITEM 2 to include all work associated with the demolition and construction of the eight (8) concrete pads located around the seawall. This information can be located on the “Replace Perimeter Fence” plans sheet CS106, CS107, and CS108. (Time & Cost) Contract Period: Base
| 1.00 |
| JB |
| __________________ |
| __________________ |
BID ITEM 4 (DEDUCT ALTERNATE NO.3): All work associated with BID ITEM 2, and BID ITEM 3 to include all work associated with the construction and demolition of approximately 667 LF of the 8’ tall, chain-link seawall fence from the boat house to the northeast corner of Building 15. This information can be located on the “Replace Perimeter Fence” plans sheet CS110. (Time & Cost) Contract Period: Base
| 1.00 |
| JB |
| __________________ |
| __________________ |
BID ITEM 5 (DEDUCT ALTERNATE NO.4): All work associated with BID ITEM 2, BID ITEM 3, and BID ITEM 4 to include all work associated with the demolition and construction of approximately 323 LF for the water tower fence. Remove and replace all fence, rails, posts, gates, footings, etc. This information can be located on the “Replace Perimeter Fence” plans sheet CS118. (Time & Cost).
Contract Period: Base
| GRAND TOTAL |
| __________________ |
STATEMENT OF WORK
Replace Perimeter Fence Project 590-19-107 Hampton VA Medical Center, Hampton, VA 23667
Scope:
The Contractor shall be responsible for performing all required work associated with the replacement of the perimeter fence as defined in the Specifications and Drawings. The contractor shall provide all tools, labor, materials, equipment, supervision, professional services, and expertise required to perform general construction, alterations, electrical work, concrete work, masonry work, grading, grubbing, seeding, necessary removal and disposal of existing trees, structures, and certain other items as indicated in the construction documents. This includes removal of existing fencing, posts, footers, concrete slabs and installing new fencing, footers, metal post, concrete slabs, brick columns, electrically powered vehicular gates, manually operated pedestrian gates, bollards, and all associated electrical work. The contractor shall manage and perform construction period services as further defined in the Contract to include, but not limited to, permitting, demolition, construction, construction management, submittals, equipment, scheduling, inspection and testing, environmental protection, recording of (As-Built) drawings and project closeout. The contractor shall also develop a schedule demonstrating fulfillment of the contract requirements such as: Project Schedule, Contractor Quality Control, Work Breakdown Structure (WBS) Plan, Environmental Plan and all other plans listed within this document to include deliverables. The Contractor shall keep the Project Schedule up to date in accordance with the requirements of the contract and shall utilize the plan for scheduling, coordinating, and monitoring work under this contract (including all activities of subcontractors, equipment vendors and suppliers).
(a) General: The following is a brief summary of the work:
STATEMENT OF BID ITEM(S)
1. BID ITEM I (BASE BID): The contractor shall provide all tools, labor, materials, equipment, supervision, and expertise required to perform general construction of new fence, alterations, roads, walks, gates, security fencing, drainage, and removal of existing fence and certain other items, as indicated in the construction documents. This includes necessary removal of existing fencing, rails, posts, gates, footings, and certain other items. (Completion time: 560 calendar days)
2. BID ITEM II (DEDUCT ALTERNATE NO. I): All work as specified for BID ITEM I minus the following: All work associated with the construction and demolition of approximately 288 LF from the fence in the woods off of MLK Jr. Blvd. Remove and replace all fence, rails, posts, gates, footings, etc. This information can be located on the “Replace Perimeter Fence” plans sheet CS116. (Completion time: 548 calendar days)
3. BID ITEM III (DEDUCT ALTERNATE NO. II): All work associated with BID ITEM II to include all work associated with the demolition and construction of the eight (8) concrete pads located around the seawall. This information can be located on the “Replace Perimeter Fence” plans sheet CS106, CS107, and CS108. (Completion time: 534 days)
4. BID ITEM IV (DEDUCT ALTERNATE NO. III): All work associated with BID ITEM II, and BID ITEM III to include all work associated with the construction and demolition of approximately 667 LF of the 8’ tall, chain-link seawall fence from the boat house to the northeast corner of Building 15. This information can be located on the “Replace Perimeter Fence” plans sheet CS110. (Completion time: 510 calendar days)
5. BID ITEM V (DEDUCT ALTERNATE NO. IV): All work associated with BID ITEM II, BID ITEM III, and BID ITEM IV to include all work associated with the demolition and construction of approximately 323 LF for the water tower fence. Remove and replace all fence, rails, posts, gates, footings, etc. This information can be located on the “Replace Perimeter Fence” plans sheet CS118. (Completion time: 500 calendar days)
(b) Place of Performance: Tasks will be performed at the Hampton VA Medical Center, Hampton, VA, 23667. Work will be around an occupied healthcare facility in operation 24 hours a day.
(c) Specific Requirements (see drawings for area of work):
a. DIVISION 01 – GENERAL REQUIREMENTS
i. General Requirements – section 01 00 00
ii. Security Spec. 1.5 and 1.6 – section 01 00 00A
iii. Construction Risk Assessment – section 01 00 00B
iv. Project Schedules (Small Projects – Design/Bid/Build) – section 01 32 16.15
v. Shop Drawings, Product Data, and Samples – section 01 33 23
vi. Safety Requirements – section 01 35 26
vii. Hampton VAMC Construction Safety Handbook – section 01 35 26A
viii. Reference Standards – section 01 42 19
ix. Testing Laboratory Services – section 01 45 29
x. Temporary Environmental Controls – section 01 57 19
xi. Construction Waste Management – section 01 74 19
xii. CWMP Required Appendix – section 01 74 19A
xiii. Sustainable Construction Requirements – section 01 81 13
b. DIVISION 02 – EXISTING CONDITIONS
i. Demolition – 02 41 00
c. DIVISION 03 – CONCRETE
i. (Short-Form) Cast-in-Place Concrete – section 03 30 53
d. DIVISION 04 – MASONRY
i. Masonry Mortaring – section 04 05 13
ii. Masonry Grouting – section 04 05 16
iii. Unit Masonry – section 04 20 00
e. DIVISION 05 – METALS
i. Metal Fabrications – section 05 50 00
f. DIVISION 06 – WOOD, PLASTICS AND COMPOSITES (NOT USED)
g. DIVISION 07 – THERMAL AND MOISTURE PROTECTION (NOT USED)
h. DIVISION 08 – OPENINGS (NOT USED)
i. DIVISION 09 – FINISHES
i. Schedule for Finishes – section 09 06 00
ii. Painting – section 09 91 00
j. DIVISION 10 – SPECIALTIES (NOT USED)
k. DIVISION 11 – EQUIPMENT (NOT USED)
l. DIVISION 12 – FURNISHINGS (NOT USED)
m. DIVISION 13 – SPECIAL CONSTRUCTION (NOT USED)
n. DIVISION 14 – CONVEYING EQUIPMENT (NOT USED)
o. DIVISION 21 – FIRE SUPPRESSION (NOT USED)
p. DIVISION 22 – PLUMBING (NOT USED)
q. DIVISION 23 – HEATING, VENTILATING, AND AIR CONDITIONING
(HVAC) (NOT USED)
r. DIVISION 25 – INTEGRATED AUTOMATION (NOT USED)
s. DIVISION 26 – ELECTRICAL
i. Requirements for Electrical Installations – section 26 05 11
ii. Low-Voltage Electrical Power Conductors and Cables – section 26 05 19
iii. Grounding and Bonding for Electrical Systems – section 26 05 26
iv. Raceway and Boxes for Electrical Systems – section 26 05 33
v. Underground Electrical Construction – section 26 05 41
t. DIVISION 27 – COMMUNICATIONS (NOT USED)
u. DIVISION 28 – ELECTRONIC SAFETY AND SECURITY (NOT USED)
v. DIVISION 31 – EARTHWORK
i. Earthwork (Short Form)
w. DIVISION 32 – EXTERIOR IMPROVEMENTS
i. Cement and Concrete for Exterior Improvements – section 32 05 23
ii. High Security Fences and Gates – section 32 31 40
x. DIVISION 33 – UTILITIES (NOT USED)
y. DIVISION 34 – TRANSPORTATION
i. Passive Vehicle Barriers – section 34 71 13
z. DIVISION 48 – ELECTRICAL POWER GENERATION (NOT USED)
(d) Period of Performance: Contractor shall commence work under this contract promptly after Notice to Proceed (NTP), execute the work diligently, and achieve final completion and acceptance including final cleanup of the premises within five hundred and sixty (560) calendar days including submittals.
(e) Specific Site Requirements: Contractor and all subcontractors shall obtain a PIV-I badge from the HR Badging Office (requires scheduling, fingerprinting, and providing two (2) forms of ID; one of which must be an approved photo ID), provide proof of completion from an approved OSHA 10-hour training course (30-hour for superintendent), complete and provide certificate of training for Integrity and Compliance Awareness Training for all Non-Revenue Staff (TMS course 43790), and shall abstain from smoking within the perimeters of the facility. All individuals that enter any VA patient care building(s) are required to be pre-screened for COVID-19 and required to wear a face mask; to include Veterans, employees, visitors, volunteers, and contractors. Contractors entering non-patient care buildings are required to wear a face mask. Contractors working outside within six (6) feet of one another, or any other individual, shall also be required to wear a face mask.
(f) Construction Safety Requirements: See Safety Requirements – section 01 35 26, and Hampton VAMC Construction Safety Handbook – section 01 35 26A.
(g) Submittals: See sections 01 00 00, 01 33 23, and all applicable trade sections.
(h) Quality Control: See section 01 45 00.
(i) Schedules: See section 01 32 16.15.
(j) Environmental and Waste Management: See sections 01 57 19, and 01 74 19.
VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors
1. Contractor employees who work in or travel to VHA locations must comply with the following:
a. Documentation requirements:
1) If fully vaccinated, shall show proof of vaccination.
i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.
2) If unvaccinated and granted a medical or religious exception, shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test.
3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.
4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.
2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.
a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.
3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS
1. SUBMISSION OF BIDS:
The bidder shall submit the following in response to this Invitation for Bids:
(a) A completed and signed Standard Form 1442. Contractor must acknowledge all amendments in block 19 at the time of the bid opening.
(b) A completed copy of the Representations and Certifications
(c) A fully executed bid bond.
(d) Documentation of safety record.
(e) Itemized Schedule of Values Cost breakdown
(f) Signed 52.219-28
(g) Signed 852-219-75 o NOTE 1: Offerors must submit an itemized breakdown of costs (Attachment A) to include an Itemized Schedule of Values Cost breakdown for Base Bid, Alternative 1, Alternative 2, and Alternative 3 in sufficient detail to permit a complete analysis of labor burden, materials, equipment, transportation, supervision, disposal costs, overhead and profit and shall cover all work involved in accordance with (IAW) Statement of Work (SOW). If Itemized Schedule of Values Cost breakdown is not provided, bidders/offerors’ bid could be deemed non-responsive.
o NOTE 2: Copies of all subcontractor quotes are required.
2. BID SUBMISSION: All bids shall be submitted by the prime contractor, through email to Stervon.Johnson@va.gov. Also, submit your bid via email to the Contract Specialist/Contracting Officer ONLY. All bids are due by 2/20/2023 07:00 AM, EST.
NOTE: To be considered and accepted as timely the bid must be uploaded in its entirety prior to the deadline. Failure to provide a bid in its entirety prior to the deadline will render the bid noncompliant.
NOTE 2: Due to Coronavirus (COVID-19), the Bid Opening will be conducted via MS Teams:
Microsoft Teams meeting Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 237 743 067 928 Passcode: KdyJMH Download Teams | Join on the web Or call in (audio only) +1 872-701-0185,,136699503# United States, Chicago Phone Conference ID: 136 699 503#
Learn More | Meeting options
3. BASIS FOR AWARD: The Government intends to award a contract to the responsible offeror with the lowest evaluated price. Offerors must submit a cost breakdown in sufficient detail to permit a complete analysis of labor, burden, materials, equipment, transportation, supervision, and disposal.
When price is the only factor considered, award will be based on the lowest reasonable price received. Award will be made to the responsible bidder (see FAR 9.1) whose bid is responsive to the terms of the invitation for bids and is most advantageous to the Government, considering only price and price relate factors included in the invitation, as provided in FAR subpart 14.4.
4. TECHNICAL BID: A technical bid is not required.
5. EVALUATION OVERVIEW: Bids will be evaluated and ranked according to price and price alone, from lowest to highest. All bids shall include a cost breakdown in sufficient detail to permit a complete analysis of labor, burden, materials, equipment, transportation, supervision, and disposal. The Government may use various price analysis techniques and procedures to make a price reasonableness determination. Bids unreasonably high or unrealistically low in price, when compared to the Government estimate, and market conditions evidenced by other competitive bids received, may be indicative of an inherent lack of understanding of the solicitation requirements and may result in bid rejection without discussion.
6. ATTACHMENTS:
A. Itemized Schedule of Values Cost Breakdown B. Specifications C. Drawings
SAFETY AND ENVIRONMENTAL RECORD: In order to be eligible for consideration and award, the contractor shall have no more than two serious, one repeat, or one willful OSHA or EPA Violation(s) in the past 5 years" to " SAFETY AND ENVIRONMENTAL RECORD: In accordance with VHA Directive 7715 the Contract Specialist and Contracting Officer will review the offeror’s safety and environmental record as part of their standard responsibility determinations in accordance with FAR 9.105.
All Bidders/Offerors shall submit: Should the offeror not meet the standard of having no more than two serious, or one repeat, or one willful OSHA or EPA violation(s) in the past 5 years and an Experience Modification Rate of equal to or less the 1.0, the Contracting Officer will follow the procedures from FAR 19.602-1 and refer the matter to the cognizant SBA Government Contracting Office.
Upon the conclusion of the bid opening Government may request the following:
1. A self-certification on company letterhead that the bidder has no more than two (2) serious, or one (1) repeat or one (1) willful OSHA or any EPA violation(s) in the past five years. Bidders shall submit copies of their OSHA logs (OSHA Form 300A) for the past three years with their bid. If the firm has been in business for less than three years, they shall submit copies of their OSHA logs for the period of time they have been in business.
2. Information regarding their current Experience Modification Rate (EMR) equal to or less than 1.0. This information shall be obtained from the bidder's/offeror's insurance company and be furnished on the insurance carrier's letterhead.
Self-insured contractors or other contractors that cannot provide their EMR rating on insurance letterhead must 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 shall obtain their EMR rating from their state-run worker's compensation insurance rating bureau.
Also take that note out as well. if the offeror fails to provide the information on the Experience Modification Rate, I would not be able to determine them responsible in which we will have to refer the matter to SBA.
TRAINING: All employees of the general contractor and subcontractors shall have the 10-hour OSHA certified construction safety course and/or other relevant competency training, as determined by the COR with input from the ICRA (Infection Control Risk Assessment) team. The General Contractor’s competent person shall have completed the 30-hour OSHA certified construction safety course. Documentation of training shall be submitted to the Contracting Officer for review and approval prior to any work being performed. No ID badge will be issued to an employee who does not provide this documentation. There shall be no exceptions to this requirement.
MAGNITUDE OF CONSTRUCTION: Range between $1,000,000 and $5,000,000
PLANS/DRAWINGS:
a. See Specifications.
DESCRIPTION OF WORK: Contractor shall provide all administration, supervision, labor, materials, tools, and equipment, and perform all operations necessary to install security fencing at the Hampton Veterans Affairs Medical Center in accordance with the plans and specifications. The project entails the installation of security fences around the perimeter of the Hampton Medical Center campus. Work will be performed according to project specifications and drawings. A security Accreditation Package is not required.
COMPLETION TIME: All work shall be completed within 560 calendar days from receipt of the Notice to Proceed.
SDVOSB SET-ASIDE: This procurement is 100% set-aside for Service-Disabled, Veteran-Owned Small Business (SDVOSB). Bids are solicited only from SDVOSB concerns and bids received from concerns that are not SDVOSB concerns shall be rejected. In order to be considered, the firm must be shown in the Center for Business Enterprise (VetBiz) website as verified at the time of submission of their bid.
CONTRACTOR RESPONSIBILITY: Contractor shall be required to complete all contract work and schedule a final inspection within the specified contract performance period. Should the Contractor fail to complete the contract work (including scheduling of the final inspection), and it is determined by the Government to be a Contractor-caused delay, the Contractor shall be in default status. If the Government determines it to be in the best interest of the Government to allow the Contractor to continue to perform contract work, the Contractor shall provide equitable consideration to the Government for additional time granted for completion of contract work. Such agreement shall not be deemed a waiver of the Government’s right to terminate this contract in the event the Contractor fails to complete the contract work (including scheduling of the final inspection) on or before the completion date.
TB TESTING: In accordance with VHA Directive 2011-036, CEOSH Construction Safety Guidebook, 2012 1.1.1 VHA Policy, CDC 2005 Guidelines for Preventing the Transmission of Mycobacterium tuberculosis in Health-Care Settings.
(a) The contractor must provide written certification that all contract employees assigned to the work site have had a pre-placement tuberculin screening within 90 days prior to assignment to the worksite and been found have negative TB screening reactions. Contractors will be required to show documentation of negative TB screening reactions for any additional workers who are added after the 90-day requirement before they will be allowed to work on the work site.
NOTE: This can be the Center for Disease Control (CDC) and Prevention and two-step skin testing or a Food and Drug Administration (FDA)-approved blood test.
(b) Contract employees manifesting positive screening reactions to the tuberculin must be examined according to current CDC guidelines prior to working on VHA property.
(c) Subsequently, if the employee is found without evidence of active (infectious) pulmonary TB, a statement documenting examination by a physician must be on file with the employer (construction contractor), noting that the employee with a positive tuberculin screening test is without evidence of active (infectious) pulmonary TB.
(d) If the employee is found with evidence of active (infectious) pulmonary TB, the employee would require treatment with a subsequent statement to the fact on file with the employer before being allowed to return to work on VHA property.
PRE-BID CONFERENCE: A pre-bid conference has been scheduled Weds January 24, 2023, at 10:00 a.m., in the building 27, Hampton VA Medical Center. If Hampton VA rain percentage is over 60% at 10am EST, we will complete site visit on Thurs January 25, 2023, 10 am Bldg. 27. This pre-bid conference will be the only opportunity for potential bidders to visit the site.
No more than two (2) representatives from each company and Contractor must submit their name(s) no later than Thursday January 19, 2023 @ 3:00 PM EST to Stervon.Johnson@va.gov.
NOTE: QUESTIONS REGARDING THIS SOLICITATION MUST BE SUBMITTED VIA E-MAIL TO Stervon.Johnson@va.gov; NO TELEPHONE QUESTIONS WILL BE ACCEPTED. CUT OFF FOR QUESTIONS IS 3:00 PM (LOCAL TIME), Wed February 1, 2023. NO FURTHER QUESTIONS WILL BE ADDRESSED AFTER THAT DATE/TIME.
KEYS: All keys provided the Contractor for use during the project shall be returned to the Contracting Officer's Representative (COR) at completion of the work or upon request. No keys shall be reproduced by the Contractor. There shall be a charge of $10.00 for each key that is lost or not returned to the COR. Payment shall be made to the VA Medical Center, Hampton VAMC upon receipt of a Bill of Collection.
PREPARATION OF BIDS/OFFERS/BIDS: Neither the VAMC nor the VISN 6 CAS will pay for any costs incurred in preparation and submission of bids or bids.
PRIVACY AND CONFIDENTIALITY: Contractors to the Department of Veteran Affairs may be unintentionally exposed to sensitive information. Information may be overheard, seen on documents or electronic devices, or observed that could potentially violate the privacy and confidentiality of our veterans, employees, volunteers, and their families. Regulations such as, but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Freedom of Information Act (FOIA) and Privacy Act of 1974 have been enacted to protect sensitive information from being improperly disclosed. Information should not be divulged or released to anyone unless specifically authorized by this contract or its’ attached documents in accordance with the contracted services. Failure to comply with applicable statutes and regulation can result in the termination of this contract and civil and criminal penalties, including fines and imprisonment. All suspected or actual breeches of privacy and confidentiality should be reported immediately to the Contracting Officer, Contracting Officer’s Representative (COR) or the Facility Privacy Officer.
VETS 100: 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. Submission of the VETS 100 reporting information can be done electronically at: <http://vets100.cudenver.edu>. Award cannot be made unless the awardee has filed their VETS 100 report. Therefore, all bidders/offerors are encouraged to file every year.
SYSTEM FOR AWARD MANAGEMENT (SAM): Federal Acquisition Regulations require that federal contractors register in the System for Award Management (SAM) database at http://www.sam.gov and enter all mandatory information into the system. Award cannot be made until the contractor has registered. Bidders are encouraged to ensure that they are registered in SAM prior to submitting their bid.
CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM:
(a) FAR 42.1502 direct all Federal agencies to collect past performance information on contracts. The Department of Veterans Affairs has implemented use of the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15
(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.
(c) Please furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm’s past performance evaluation(s) for the contract no later than 30 calendar days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.
(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, system requirements, and training information for CPARS are available at www.cpars.gov. The CPARS User Manual, registration for online training for Contractor Representatives may be found at this site.
(e) Within 60 calendar days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation and the report will be accessible at www.cpars.gov Contractor Representatives may then provide comments in response to the evaluation or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official’s narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1-17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection evaluations. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating, “No Comment” in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPARS within 30 days, it will automatically be returned to the Government and will be annotated: “The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment.” Your response is due within 30 calendar days after receipt of the CPARS.
(f) The following guidelines apply concerning your use of the past performance evaluation:
| (1) Protect the evaluation as “source selection information.” After review, transit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions. |
| (2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control. |
(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determination, production readiness reviews, or other similar purposes.
(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven calendar days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30-day review period.
(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been completed.
(End of Notice)
Award will be made to the responsible bidder (see FAR 9.1) whose bid is responsive to the terms of the invitation for bids and is most advantageous to the Government, considering only price and price relate factors included in the invitation, as provided in FAR subpart 14.4.
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)
| FAR Number |
| Title |
| Date |
| 52.204-7 |
| SYSTEM FOR AWARD MANAGEMENT |
| OCT 2018 |
| 52.204-16 |
| COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING |
| AUG 2020 |
| 52.204-22 |
| ALTERNATIVE LINE ITEM PROPOSAL |
| JAN 2017 |
| 52.211-6 |
| BRAND NAME OR EQUAL |
| AUG 1999 |
| 52.214-3 |
| AMENDMENTS TO INVITATIONS FOR BIDS |
| DEC 2016 |
| 52.214-4 |
| FALSE STATEMENTS IN BIDS |
| APR 1984 |
| 52.214-5 |
| SUBMISSION OF BIDS |
| DEC 2016 |
| 52.214-6 |
| EXPLANATION TO PROSPECTIVE BIDDERS |
| APR 1984 |
| 52.214-7 |
| LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS |
| NOV 1999 |
| 52.214-18 |
| PREPARATION OF BIDS—CONSTRUCTION |
| APR 1984 |
| 52.214-19 |
| CONTRACT AWARD—SEALED BIDDING—CONSTRUCTION |
| AUG 1996 |
| 52.214-34 |
| SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE |
| APR 1991 |
| 52.214-35 |
| SUBMISSION OF OFFERS IN U.S. CURRENCY |
| APR 1991 |
| 52.228-17 |
| INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) |
| FEB 2021 |
2.2 52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a Firm-Fixed-Price, Requirements 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:
| Goals for minority participation for each trade |
| Goals for female participation for each trade |
| 27.1 % |
| 6.9 % |
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 Hampton VA medical Center 100 Emancipation Drive Hampton, VA. 23667 (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…
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