36C24718R0118-002.docx

36C24718R0118

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.

36C24718R0118 X 557-18-2-5926-0001 557-16-102 36C247 Department of Veterans Affairs VISN 7 Network Contracting Office LaVista Business Park - Bldg A 2008 Weems Road Tucker GA 30084

SEE PROPOSAL SUBMISSION

INSTRUCTIONS

Elissa Goodman 404.996.7389 PROJECT: Install Emergency Power Generator, Project #557-16-102

PROJECT

AND SITE VISIT

LOCATION: Carl Vinson VAMC, 1826 Veterans Blvd, Dublin GA 31021

GENERAL DESCRIPTION: The scope of this project consists of complete preparation of the site for building operations, including demolition and removal of existing structures, and furnish labor and materials and perform work for the installation of a new generator, fuel tank, transformer, and medium voltage switchgear.

Work will be performed for the project in accordance with the attached design and specifications.

SET-ASIDE INFORMATION: This solicitation will be issued pursuant to the authority under Public Law 109-461 (38 U.S.C. 8127) and is a 100% Set-Aside for Service-Disabled Veteran-Owned Small Business (SDVOSB). The SDVOSB must be a small business under the relevant North American Industrial Classification Standard (NAICS) code and MUST be registered and verifiable at http://www.vip.vetbiz.gov and www.sam.gov to be eligible for award. Offerors MUST ensure registration in these websites are accurate, complete and have not expired prior to proposal due date.

NAICS CODE: The applicable NAICS code is 238210 and the small business size standard is $15.0 Million.

MAGNITUDE OF CONSTRUCTION: Between $2,000,000.00 and $5,000,000.00

Request for Information (RFI): RFI are due by /20/18 at 4:00 pm EST by e m ail to elissa.goodman@va.gov. Late RFIs may not be accepted and offerors are responsible of ensuring questions are received by the Contracting Officer.

Site Visit: Only one site visit will be conducted and is scheduled for /13/18 at 10 AM EST, Bldg 29 Conference Room.

Information provided at the site visit shall not alter the terms and conditions of the solicitation and specifications.

Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing.

Contractors are required to submit all questions in writing to the Contracting Officer following the site visit.

All questions and responses will be posted on fedbizops web site.

X X 52.211-10 X 1 Electronic

4:00 PM

3/2/2018 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

Department of Veterans Affairs VISN 7 Network Contracting Office LaVista Business Park - Bldg A 2008 Weems Road Tucker GA 30084 Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 Elissa Goodman

NCO815L2-1503

Table of Contents

A.1 PRICE OFFER SCHEDULE

ITEM 1: Complete preparation of the site for building operations, including demolition and removal of existing structures, and furnish labor and materials and perform work for the installation of a new generator, fuel tank, transformer, and medium voltage switchgear, as required by drawings and specifications for Project #557-16-102 entitled “Install Emergency Power Generator”.

SEE SECTION 1.2 OF ATTACHED SPECIFICATIONS FOR STATEMENT OF BID ITEMS

The Period of Performance for the base proposal is established as 360 Calendar days and includes the completion of all punch list items.

ATTACH YOUR ITEMIZED COST BREAKDOWN

***Offerors are to include a cost breakdown to include a detailed line item cost breakdown (materials, labor, and equipment) by trade, include overhead, profit, bond costs and breakdown of G&A expenses inclusive of all Project Staff and General Requirements OF THE PRIME CONTRACTOR, which exhibits the 25% of contract performance that will be incurred for SDVOSB personnel in accordance with FAR 52.219-27 – Limitations on Subcontracting. Failure to do so may render proposal non-responsive***

A.2 SCOPE OF WORK SYNOPSIS

November 8, 2017 Subject: 557-16-102 Install Emergency Power Generator

Scope of Work Synopsis: This project will consolidate and complete the emergency backup generation system for the Medical Center, supplementing the work performed under previous projects 557-09-109 and 557-10-101. The result of the project will be the ability to generate 100% emergency power for the campus should the main Georgia Power electrical feed go down. It will also correct a number of FCA deficiencies related to the transformers, and primary and secondary distribution systems. This project will replace much of the aging equipment in our substation and prepare the substation to receive emergency power backup from two 1 MW generators, one already existing at the site and one to be installed in this project. To accomplish this goal, four main breakers feeding the four main electrical runs will be replaced, as well as one spare breaker. One tie breaker will be installed to properly control the flow of power in the event of a utility outage.

Completion Timeframe: The project is expected to have a 12-month duration (360 calendar days).

1.2 STATEMENT OF BID ITEM(S)

ITEM I, GENERAL CONSTRUCTION: Complete preparation of the site for building operations, including demolition and removal of existing structures, and furnish labor and materials and perform work for the installation of a new generator, fuel tank, transformer, and medium voltage switchgear, as required by drawings and specifications for Project #557-16-102 entitled “Install Emergency Power Generator appurtenances.

Work to be completed in accordance with the attached specifications and drawings.

A.3 PROPOSAL PREPARATION, EVALUATION, AND BASIS FOR AWARD

PROPOSAL SUBMISSION AND EVALUATIONS

This part describes proposal submission instructions, description of evaluation factors, and basis for award for Project #557-16-102, entitled “Install Emergency Power Generator

1. PROPOSAL SUBMISSION INSTRUCTIONS:

Prospective offerors must submit:

ONE (1) ELECTRONIC copy to elissa.goodman@va.gov no later than time and date specified in solicitation or as amended.

Interested firms are responsible for ensuring electronic delivery of submission by the time and the date specified. It will be highly recommended interested firms confirm electronic submissions have been received by the Contracting Officer.

Prospective offerors will be advised that Size limits of e-mails are restricted to 5MB.

Prospective offerors will not be expected to provide hardcopies of proposal; however, the original bid guarantee must be provided to the contracting officer. Bid Guarantee should be mailed to the following address:

Network Contracting Office 7 LaVista Business Park – Bldg A Attn: Elissa Goodman 2008 Weems Road Tucker GA 30084

All offers shall clearly identify the procurement number, project title and subject line of their electronic submission, and will be responsible for ensuring electronic delivery of offers.

To assure timely and equitable evaluation of proposals, offeror must follow the instructions contained herein. Proposals must be complete, self-sufficient, and respond directly to the requirement of this solicitation.

Offerors must provide all requested information for each factor and sub-factor. Proposals must separately address each element of each factor and sub-factor as applicable to be considered responsive to this RFP. Factor and sub-factors headings must be highlighted in yellow or typed in bold text for identification. It is the contractor’s responsibility to ensure the submitted proposal is in the proper format, the provided information is clearly understood and free of ambiguities.

Offerors proposals shall consist of both a technical and price proposal, as described below, and shall be submitted by email to: elissa.goodman@va.gov.

A. TECHNICAL PROPOSAL - Technical proposal shall be submitted separately from the price proposal of the solicitation requirements identified below. The following format shall be used:

TAB A. General Information

· Cover Page with Solicitation Number, Project Title,

· Table of Contents

· Company Particulars to include DUNS Number, Cage Code, Tax ID number, principal points of contact, address, phone numbers, etc.

TAB B: Technical Evaluation Factors:

· Factor 1 - Relevant Management and Technical Experience – See attachment 1

· Factor 2 - Key Personnel

· Factor 3 - Past Performance – See attachment 2

· Factor 4 - Project Schedule

B. PRICE PROPOSAL – Price proposal shall be submitted separately from the technical proposal of the solicitation requirements identified below: The following format shall be used:

TAB A: General Information, Cover Sheet

· Page with Solicitation Number, Project Title,

· Table of Contents

· SF 1442 Signed offer/Amendments – Complete Blocks 17-20C

· Vet Biz Certification

· Offer Guarantee Bond

· Acknowledgement of Amendments

· Certifications

· General Contractor License

· EMR - See attachment 3 TAB B: Price Offer Schedule

2. TECHNICAL EVALUATION FACTORS:

A. Factor 1 - Relevant Management and Technical Experience Provide details of prime contractor’s experience of at least two (2) relevant construction projects above $1,000,000. Contractor experience form shall be completed and submitted with proposal and will be used to verify award/completion date. See attachment 1.

1) In order to be considered “Technically Acceptable”, the relevant construction projects submitted shall have a value greater than $1,000,000.

2) In order to be a relevant construction project and considered “Technically Acceptable” a minimum of one (1) construction project submitted shall be an electrical utility installation project having a greater value than $1,000,000, with at least 75% of the project being electrical utility installation or upgrades.

3) In order to be technically acceptable the relevant construction projects submitted shall have been awarded and completed within the last 5 years from the date of issuance of this solicitation.

4) In order to be technically acceptable the relevant construction projects submitted must have been completed by the contractor submitting the proposal in response to the solicitation. The Dun & Bradstreet Number (DUNS) of the contractor submitting the proposal in response to the solicitation shall be the same as the primary contractor used on the relevant construction projects submitted.

5) Prime Contractor key employees’ experience will be accepted as a substitute for Prime contractor experience; however, key personnel must be current full time employees of the Prime Contractor. Key personnel experience must be identified on the attached Contractor Experience Form, which include managers within the prime contractor’s organization to include, but not limited to project executives, operations manager, and vice presidents. The offeror SHALL provide documentation identifying key employees as a current full-time employee of the Prime Contractor or a Letter of Intent signifying their employment working on this specific project. Documentation of full-time employment can be provided by a current paystub, employee hire form, or an affidavit signed by the Prime Contractor CEO, president, or owner attesting to the key person’s employment status. The identified key employees must be used on the project. Any substitution of these persons will not be permitted without prior approval of the Contracting Officer. Leased employees will not be considered as full time employees of prime. Additionally, a simple statement attesting to employment status will not be accepted. Actual Documentation of employment must be provided.

6) Failure to submit all the data indicated in this section will be cause for determining a proposal incomplete. Incomplete proposals will not be considered for evaluation and rejected as unacceptable for failure to submit all material requirements of proposal.

B. Factor 2 - Key Personnel

Provide resumes for the following key personnel which must include/show the minimum requirements as stated for each as follows:

1) Project Manager (Overall Manager for the Project – onsite 25%) shall have:

(a) 5 years’ experience as a Project Manager.

(b) Attach documentation identifying person is a current full-time employee of the Prime Contractor or a letter of intent signifying their employment for this project.

2) Construction Superintendent (onsite full time) shall have:

(a) 3 years of experience as a Construction Superintendent.

(b) Attach documentation identifying person is a current full-time employee of the Prime Contractor or a letter of intent signifying their employment for this project.

3) The offeror SHALL provide documentation identifying each person as a current full-time employee of the Prime Contractor or a Letter of Intent signifying their employment for this project. Documentation of full-time employment can be provided by a current paystub, employee hire form, or an affidavit signed by the Prime Contractor CEO, president, or owner attesting to the key person’s employment status. Leased employees will not be considered as full time employees of prime. Additionally, a simple statement attesting to employment status will not be accepted. Actual Documentation of employment must be provided.

4) Failure to provide current, accurate, and verifiable data will render the resume as unacceptable. The identified personnel must be used on the project. Any substitution of these persons will not be permitted without prior approval of the Contracting Officer. Identification of two individuals proposed for a single position will result in the evaluation of the least-qualified person.

5) Failure to submit all the data indicated in this section will be cause for determining a proposal incomplete. Incomplete proposals will not be considered for evaluation and rejected as unacceptable for failure to submit all material requirements of proposal.

C. Factor 3 - Past Performance - The offeror shall provide past performance information for in one of two formats.

1) A completed Past Performance Questionnaire (PPQ) must be provided per the following guidance. See attachment 2.

(a) The respondent must be familiar with the project, but not affiliated with the offeror.

(b) The respondent must be able to provide an independent evaluation of the offeror’s performance on the referenced project.

(c) The completed PPQ must be returned to the Government directly by the respondent to the email address identified in the Due Date & Point of Contract (POC) block of the PPQ. Completed PPQs submitted directly by the offeror or included in the offeror’s proposal will not be evaluated.

It is the offeror’s responsibility to ensure the Government will be able to contact the POCs using the contact information provided. Offerors are encouraged to send their request to the POC as soon as possible once a project is identified for experience under Factor 1.

OR

2) Copies of Contractor Performance Assessment Reports (CPARs - previously referred to as CCASS reports) for projects performed for the U.S. Government. If the project provided has a CPAR, it must be used by the offeror to demonstrate past performance. If CPAR submission is used to validate past performance, it will be the most recent evaluation in the system (i.e. for projects submitted as completed, the final 100% completed CPAR will be provided). If the offeror submits a CPAR, they are not required to submit a separate Past Performance Questionnaire for the specific project.

(a) If the CPAR is used, the Government reserves the right to check the Past Performance Information Retrieval System (PPIRS) to verify the accuracy of the CPAR submitted. CPARs submitted by the offeror which do not match those in the system, or for which there is a more current CPAR available, may cause the offeror to receive an “Unacceptable” for this factor.

(b) The Government reserves the right to use past performance information obtained from sources other than those identified by the offeror.

(c) The Government may not obtain information from any or all of the listed contract references and/or may not contact all of the identified POCs

In order to receive an “Acceptable” rating from the evaluation team, the offeror’s past performance submitted to the Contracting Officer in response to factor 3 must show an overall rating equivalent to satisfactory or higher (See note below).

Offeror’s past performance submitted to the Contracting Officer in response to factor 3 which show an overall rating equivalent to marginal/fair or lower will receive a rating of “unacceptable” by the evaluation team.

Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a) (2) (iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

D. Factor 4 - Project Schedule In order to be technically acceptable the contractor shall submit with the proposal a “draft” project schedule which shall include the following:

1) 360 calendar day period of performance submitted in a Gantt chart format.

2) Include at a minimum – Submittals, mobilization, temporary environmental control installation, site work, concrete, electrical, communication, and final punch list.

3. BASIS FOR CONTRACT AWARD

A. Source Selection Using Lowest Price Technically Acceptable Process (LPTA): This will be a competitive Request for Proposal (RFP) that represents the best value to the Government conducted under FAR Part 15.102-2 Lowest Price Technically Acceptable (LPTA) source selection process. Award will be made on the basis of the lowest evaluated price proposal meeting or exceeding the acceptability standards for non-cost factors.

B. Evaluation Overview:

1) The Government reserves the right to evaluate only the technical proposal of the lowest price offeror. Proposals will be evaluated and ranked according to price, from lowest to highest. Other technical proposals may not be evaluated unless the Government determines the lowest price offeror to be unacceptable or non-responsive. In the event the Government determines the lowest price offeror to be unacceptable, the technical proposal of the next lowest price offeror will be evaluated. This process will continue until a technical proposal is determined to be acceptable.

2) This is a firm-fixed price award. It is the Offeror’s responsibility to ensure the submitted cost proposal includes all costs for total project requirements and completion in accordance with the specifications and drawings herein. The Offeror assumes all risk for omissions in subcontractor proposals.

3) Technical acceptability is an assessment of each offeror’s ability to successfully accomplish the technical requirements. The technical acceptability factors shall be rated as acceptable or unacceptable based on the information submitted by the offeror in response to the criteria of the evaluation factor. Note: All factors must be rated acceptable in order to be considered technically acceptable. If one factor is rated unacceptable, then the government will move onto the next proposal. The Government expects a qualified team to provide project management oversight, quality assurance, and monitor safety compliance for timely completion of all tasks.

4) Offerors must provide all requested information for each sub-factor. Proposals must separately address each element of the sub-factors as applicable to be considered responsive to this RFP. Sub-factors headings must be highlighted in yellow or typed in bold text for identification. Recommend each titled sub-factor heading in the submitted proposal be stated in the chronological order shown below. This format establishes a direct correlation between the information provided and the sub-factor for evaluation. It is the contractor’s responsibility to ensure the submitted proposal is in the proper format, the provided information is clearly understood and free of ambiguities.

5) Award will result in a firm-fixed price contract. It is the Offeror’s responsibility to ensure the submitted price proposal includes all costs for total project requirements and completion in accordance with the specifications and drawings herein. The Offeror assumes all risk for omissions in subcontractor proposals.

6) The Government evaluation team will consider all information provided in the proposal individually. Once these individual analyses are completed, the team will meet and determine a rating by consensus decision.

7) Exceptions to the contractual terms and conditions of the solicitation (e.g., standard company terms and conditions) may result in a determination to reject a proposal.

8) Failure to submit all the data indicated in this section will be cause for determining a proposal incomplete. Incomplete proposals will not be considered for evaluation and rejected as unacceptable for failure to submit all material requirements of proposal.

C. SDVOSB Verification- The Government will review VetBiz (https://www.vip.vetbiz.gov/) to confirm Service Disabled Veteran-owned Small Business (SDVOSB) status verification for the submitted proposals. Evaluations will be performed on proposals submitted by verified SDVOSBs only. Subsequent confirmation of SDVOSB verification status will be performed for the apparent award.

D. EMR Rating: As indicated above, as part of the technical proposal, the offeror must provide documentation to substantiate a current EMR rating of 1.0 or less. Failure to do so may result in the overall proposal being considered non-responsive. See attachment 3.

E. Discussions: The Government intends to evaluate proposals and award a contract without discussions. Communication between the Government and offerors will be limited to exchanges for clarification as described in FAR 15.306(a). The Government reserves the right to enter into discussions if necessary. Thus, an offeror’s proposal should contain the offeror’s best terms from a price and technical standpoint. Communication conducted to resolve minor or clerical errors would not constitute discussions and the Contracting Officer reserves the right to award a contract without the opportunity for proposals revisions or discussions.

F. Contract Type: Any resultant contract awarded in response to this solicitation will be firm-fixed price. It is the offeror’s responsibility to ensure the submitted cost proposal includes all costs for total project requirements and completion in accordance with the specifications and drawings herein. The offeror assumes all risk for omissions in subcontractor proposals.

G. Responsibility Determination: A Determination of Responsibility will be accomplished for the apparent awardee prior to processing the award. The above information, along with other information obtained from Government and commercial systems, such as EXPERIAN, will be used to make the Determination of Responsibility. Any information received by the Government that would be cause for a negative Determination of Responsibility will make the offeror ineligible for award.

H. Public Announcement of Contract Award: Offerors submitting price proposals in response to this solicitation do so with the complete and full understanding that the Government reserves the right to publically announce the total contract award amount.

4. PERSONAL IDENTITY VERIFICATION: FAR 52.209-4, Personal Identity Verification of Contractor Personnel (Jan 2011), is incorporated into this solicitation by reference with the same force and effect as if given in full text. The full text of a clause may be accessed electronically at http://www.acquisition.gov/far/index.html.

A. Upon Contract Award, all key personnel shall be subject to the appropriate type of background investigation or screening per VA Handbook 0710 and mush receive a favorable adjuration from CCA Personnel Security Specialist or VA Security and Investigations Center (SIC) depending on investigation or screening required. This requirement is applicable to all subcontract personnel. If the investigation or screening is not completed prior to the start date of the contract, the Contractor will be responsible for the actions of those individual they provide to perform work for the VA.

B. In accordance with FAR 52.204-9 and VA Directive 0735, prior to providing services under the contract, each contract person will be asked to provide two (2) forms of identification from the accepted identification documentation list to the appropriate VA representative in order to obtain a proper VA issued identification card.

C. The contractor shall submit the required forms for background investigation for the Site Superintendent, Project Manager, and any staff that routine access to the VA facility grounds for 45 calendars days or at the discretion of the VA. Required forms shall be submitted within 10 calendar days of receipt of the Notice to Proceed.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of Provision)

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

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

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

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

(End of Provision)

2.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is 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 Laurens County

(End of Provision)

2.4 52.222-58 SUBCONTRACTOR RESPONSIBILITY MATTERS REGARDING COMPLIANCE WITH LABOR LAWS (EXECUTIVE ORDER 13673) (DEC 2016)

(a) Definitions.

Administrative merits determination, arbitral award or decision, civil judgment, DOL Guidance, enforcement agency, labor compliance agreement, labor laws, and labor law decision as used in this provision have the meaning given in the clause in this solicitation entitled 52.222-59, Compliance with Labor Laws (Executive Order 13673).

(b) Subcontractor representation. (1) The requirements of this provision apply to all prospective subcontractors at any tier submitting an offer for subcontracts where the estimated subcontract value exceeds $500,000 for other than commercially available off-the-shelf items. The Offeror shall require these prospective subcontractors to represent, to the Offeror, to the best of the subcontractor’s knowledge and belief, whether there have been any administrative merits determinations, arbitral awards or decisions, or civil judgments for any labor law violation(s) rendered against the prospective subcontractor during the period beginning October 25, 2015 to the date of the offer, or for three years preceding the offer, whichever period is shorter.

(2) A contractor or subcontractor, acting in good faith, is not liable for misrepresentations made by its subcontractors about labor law decisions or about labor compliance agreements.

(c) Subcontractor responsibility determination. If the prospective subcontractor responded affirmatively to paragraph (b) of this provision and the Offeror initiates a responsibility determination, the Offeror shall follow the procedures in paragraph (c) of 52.222-59, Compliance with Labor Laws (Executive Order 13673).

Note to 52.222-58: By a court order issued on October 24, 2016, 52.222-58 is enjoined indefinitely as of the date of the order. The enjoined section will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(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 $3,000,000, 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 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

(a) Method of payment. (1) All payments by the Government under this contract shall be made by electronic funds transfer (EFT), except as provided in paragraph (a)(2) of this clause. As used in this clause, the term "EFT" refers to the funds transfer and may also include the payment information transfer.

(2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either—

(i) Accept payment by check or some other mutually agreeable method of payment; or

(ii) Request the Government to extend the payment due date until such time as the Government can make payment by EFT (but see paragraph (d) of this clause).

(b) Contractor's EFT information. The Government shall make payment to the Contractor using the EFT information contained in the System for Award Management (SAM) database. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the SAM database.

(c) Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR part 210.

(d) Suspension of payment. If the Contractor's EFT information in the SAM database is incorrect, then the Government need not make payment to the Contractor under this contract until correct EFT information is entered into the SAM database; and any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply.

(e) Liability for uncompleted or erroneous transfers. (1) If an uncompleted or erroneous transfer occurs because the Government used the Contractor's EFT information incorrectly, the Government remains responsible for—

(i) Making a correct payment;

(ii) Paying any prompt payment penalty due; and

(iii) Recovering any erroneously directed funds.

(2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and—

(i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or

(ii) If the funds remain under the control of the payment office, the Government shall not make payment, and the provisions of paragraph (d) of this clause shall apply.

(f) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System.

(g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment, that the assignee shall register separately in the SAM database and shall be paid by EFT in accordance with the terms of this clause. Notwithstanding any other requirement of this contract, payment to an ultimate recipient other than the Contractor, or a financial institution properly recognized under an assignment of claims pursuant to subpart 32.8, is not permitted. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (d) of this clause.

(h) Liability for change of EFT information by financial agent. The Government is not liable for errors resulting from changes to EFT information made by the Contractor's financial agent.

(i) Payment information. The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing. However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government shall mail the payment information to the remittance address contained in the SAM database.

(End of Clause)

2.8 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:

Elissa Goodman Department of Veterans Affairs LaVista Busines Park - Bldg A 2008 Weems Road Tucker GA 30084

(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)

2.9 52.236-27 SITE VISIT…