36C24725R0080_1.docx

1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

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

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

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

9. FOR INFORMATION

CALL:

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

SEALED BID (IFB)

NEGOTIATED (RFP)

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

YES

NO

a.

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

b.

An offer guarantee is, is not required.

c.

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

d.

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

36C24725R0080 X 04-17-2025 534-25-1-5788-0006 534-19-101 36C247 Department of Veterans Affairs VISN 7 Network Contracting Office William Jennings Bryan Dorn VAMC 6439 Garners Ferry Rd Columbia

SC

29209-1639 Email proposals to: ZAIRE.NAYLOR@VA.GOV Department of Veterans Affairs Ralph H. Johnson VA Medical Center 109 Bee St.

Charleston

SC

29401-5799 Zaire Naylor

(803) 599-0248 Project Number: 534-19-101: Project Title: Correct Utility Infrastructure and Distribution and Collection System

Project Scope: The contractor shall provide all supervision, labor, equipment, and materials needed to complete work for project 534-19-101 Correct Utility Infrastructure and Distribution and Collection System per the provided drawings, specifications, and this statement of work.

Project Location: Ralph H. Johnson VA Medical Center, 109 Bee Street, Charleston, SC 29401

This acquisition is 100% Set-aside for Service-Disabled Veteran Owned Small Businesses (SDVOSBs) only.

The offeror is required to complete VAAR 852.219-75 - Limitation on Subcontracting (See Attachment).

MAGNITUDE OF CONSTRUCTION: Between $1,000,000 and $5,000,000.

NAICS Code: 236220; Small Business Standard: $45 Million.

To be eligible for award, the offeror MUST be registered at the following websites: System for Award Management at sam.gov with completed electronic annual representations certifications, VetCert at veterans.certify.sba.gov and comply with VETS 4212, Federal Contractor Veterans Employment Report. Offerors MUST ensure registration in these websites are accurate, complete, and have not expired prior to proposal due date or thereafter.

Offerors who are NOT already registered in the VA financial database must complete form VA10091 prior to award (See Attachment).

An organized site visit is scheduled for, 23 April 2025, at 10:00AM Eastern. Only one site visit will be conducted.

Participants are to meet at the Ralph H. Johnson VA Medical Center (Charleston, SC) Engineering Conference Room G206K.

Site visit POC can be reach at phone number (843) 789-6176.

Requests for Information (RFIs) - Due Date: 7 May 2025 at 4:00 pm ET via email Zaire.Naylor@VA.GOV.

Late RFIs may not be accepted and offerors are responsible of ensuring questions are received on time.

Responses to RFI’s will be provided in an amendment posted on SAM.gov

***NOTICE TO OFFERORS***

The Government shall NOT be responsible for payment of any stored materials. Payment for material will not be made until the material has been installed and confirmed to meet the technical standards required under this contract.

X X 52.211-10 X 1 Emailed

4:00PM

EDT

05-30-2025 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

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

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

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

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

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

TO SIGN

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

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

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

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

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

(Contractor is not required to sign this document.)

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

36C247 Department of Veterans Affairs W.J.B. Dorn VA Medical Center 6439 Garners Ferry Road Columbia

SC

29209-1639 Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin

TX

78714-9971 Zaire Naylor

Table of Contents

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Base Bid: The contractor shall provide all supervision, labor, equipment, and materials needed to complete work for project 534-19-101 Correct Utility Infrastructure and Distribution and Collection System per the provided drawings, specifications, and this statement of work.

Project Description

Construction impacts shall be minimized and mitigated in a way that limits disruption to the functioning of the Ralph H. Johnson Veterans Affairs Health Care System (VAHCS).

Scheduling and coordination with the VAHCS will be critical and must be approved by Contracting Officer’s Representative (COR) prior to work.

Contract Period: Base POP Begin: 06-11-2025 POP End: 07-12-2027

A.4 DELIVERY SCHEDULE

1.00

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SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

INSTRUCTIONS TO OFFERORS

Section L - Instructions, Conditions and Notices to Bidders Instructions, Conditions, and Notices to Offerors

1. GENERAL PROPOSAL PREPARATION INSTRUCTIONS

SECTION L

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

These instructions prescribe the format of the proposal and describe the approach for the development and presentation of proposal data. The instructions are designed to ensure the submission of all necessary information.

To ensure timely and equitable evaluation of the proposal, the offeror must follow the instructions contained herein. The proposal must be complete, self-sufficient and respond directly to the requirements of this solicitation. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications and all identified evaluation factors. Failure to meet a requirement may result in an offer being ineligible for award. The response shall consist of three (3) separate parts:

Volume I – Price and Contract Forms Volume II – Technical Proposal Volume III – Past Performance

Offerors shall submit one (1) electronic proposal of Volumes I, II and III. The offeror shall prepare the proposal as set forth in the volume submission requirements Table below. The titles and contents of the volumes shall be as defined in this table, all which shall be within the required page limitation and with the number of copies as specified. Pages exceeding the page limitations set forth in the section will be removed from the proposal and will not be read or evaluated.

Volume Submission Requirements

1.2. This is an all-electronic solicitation release. Hard copies are not available. The Government will post amendments to the solicitation to government point of entry (GPE) at https://sam.gov. If an amendment is issued, normal procedures relating to the acknowledgment and receipt of any such amendment as described in contract clause 52.215-1, Instructions to Offerors-Competitive Acquisition, of this Request for Proposal (RFP) shall apply. It is the responsibility of each offeror to review the web page for notice of amendments, updates, or changes to current information.

To aid in the evaluation process, proposals shall be complete, comprehensive, clearly presented, indexed (cross-indexed as appropriate), and assembled in an orderly manner. Elaborate artwork, expensive paper/binding, and expensive visual and other presentation aids are neither necessary nor desired. All pages of each Volume shall be appropriately numbered and identified with the Request for Proposal (RFP) number. Include only information that is relevant to this source selection. Pages in excess of the maximum will be removed from the proposal and will not be evaluated.

1.3. Offers MUST be submitted by email in response to this solicitation. Facsimile submissions will not be accepted. The offer must arrive by 30 May 2025, 4:00pm, eastern standard time (EST) to the following email address: Zaire.Naylor@va.gov. If document size limitations occur, proposal may be split over multiple e-mails. If sending multiple e-mails, ensure subject line contains how many emails have been sent with the text to be used as follows: “E-mail X of Y” (1 of 4, 2 of 4, etc.)

Late proposals will be processed in accordance with FAR 15.208, “Submission, modification, revision, and withdrawal of proposals.”

The response shall consist of three (3) separate Volumes; Volume I - Price, Volume II – Technical Proposal, and Volume III – Past Performance.

2. SPECIFIC PROPOSAL PREPARATION INSTRUCTIONS:

2.1. VOLUME I - PRICE:

i. Provide an introductory page to include SAM unique ID, CAGE Code, DUNS number, points of contact, and contact information.

ii. Offerors must provide a copy of there current SDVOSB certification AND accepted VET4212 filing compliance reports to Department of Labor

i. Complete blocks 14, 15, 19 (as needed for any and all amendments), and 20 A-C of the SF 1442, Solicitation, Offer, and Award. An authorized official of the firm submitting the offer must sign and date the SF 1442 in block 30 A-C. (In doing so, the Offeror agrees to the contract terms and conditions as written in the RFP.

ii. Insert proposed prices in Section A.3 (Price/Cost Schedule) for Base item Number 0001.

iii. Complete the necessary fill-ins and certifications in all sections.

iv. The Contracting Officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the Contracting Officer will review this determination and if, in the Contracting Officer's opinion, adequate price competition exists no additional cost information will be requested and certification under FAR 15.406-2 will not be required. However, if at any time during this competition the Contracting Officer determines that adequate price competition no longer exists; Offerors may be required to submit information other than cost or pricing data to support a determination of price reasonableness.

v. Complete VA Notice of Limitations on Subcontracting certificate of Compliance For Services and Construction (Attachment 3)

vi. At a minimum the offeror MUST provide the cost of the items listed below for each item number listed in Section A.3 in their price proposal.

2. VOLUME II – TECHNICAL

Submit original plus one (1) sanitized copy with SAM Unique Entity ID only.

* The sanitized copy will remove all information that could tie a quotation to a specific Offeror, with the exception of the SAM unique ID. The sanitized copy will be utilized by the source selection team for evaluation purposes only.

i. The technical proposal shall include a brief narrative of work.

ii. Offerors technical proposal should clearly identify ALL of the following.

(1) Construction Approach to include:

a. Replacement of basement sewer main piping and removal of Asbestos-Containing Materials (ACM) as specified in the contract documents

b. Description of your QC system and Safety Plan

c. Coordination between subcontractors

d. Construction data management and reporting requirements.

(2) Conceptual Schedule Management to include:

a. Sequencing and managing important construction activities and milestones that demonstrates a firm understanding of how to schedule and manage the project’s construction and data management.

b. The schedule must include durations in calendar days that meets the contract requirements. (Note: this is a concept schedule used to assure the contractor understands the scope and sequencing of the project and is not considered a post award construction submittal).

c. Coordination between features of construction/sequencing work/staging.

(3) Staffing and Management Plan to include:

a. Management organization chart of proposing firm (prime contractor) and Key Staff including Construction Project Manager, Quality Control Manager (CQC System Manager), Site Superintendent, and Site Safety & Health Officer (SSHO).

b. Key subcontractors

c. Work assignments of specialized skills and trades.

3. VOLUME III – PAST PERFORMANCE

(a) Offerors shall provide a Performance Relevancy Questionnaire (PRQ), Attachment 1 Attachment 1 shall be used to provide information that demonstrates a history of performance on contracts that are similar in scope, complexity, and cost magnitude to the present project drawings and specifications. Prepare no more than five (5).

Offers should consider the recency, complexity, and relevancy of the past performance information to be considered, the performance must have been completed during the past five (5) years. The period begins five (5) years prior to the solicitation release date and includes current performance. More Current performance may have greater impact than older performance.

Explain what aspects of the contract the offeror finds relevant to the proposed effort and identify how each contract ranks, in terms of relevancy, with respect to the other contracts addressed in the proposal.

In determining relevancy to the solicitation requirement, offerors should consider the similarity of construction methods employed, size, scope, cost magnitude, location, client type (e.g. public or private) and complexity of work performed to those required for the proposed effort.

(b) Offerors shall prepare and submit to prior customers (of all the projects listed on your Attachment submission) a Past Performance Questionnaire (PPQ), Attachment 2.

Offerors shall instruct their references to email all questionnaires directly to the contract officer at Zaire.Naylor@va.gov. The Government will use the PPQ to evaluate the recency and relevancy of the offeror’s past performance.

Offerors are advised that the Government may use all data provided by the offeror in this volume and data obtained from any other sources, to include, but not limited to, data independently obtained from other Government or commercial sources; from any other sources available to the Government, to include, but not limited to, the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Contractor Performance Assessment Reporting System (CPARS), or other databases; interviews with Program/Project Managers, Contracting Officers or rely upon personal business experience with the offeror. The Government reserves the right to obtain and evaluate past performance information from any source it deems appropriate. While the Government may elect to consider data obtained from other sources, the burden of providing current, accurate, and complete past performance information rests upon the offeror.

(c) A listing of the PPQ references shall be included in the Past Performance Volume III.

36C24725R0080 Section L

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SECTION M - EVALUATION FACTORS FOR AWARD

Section M - Evaluation Factors for Award

M-1 EVALUATION BASIS FOR AWARD

1. Basis for Contract Award: The Government intends to award a Firm Fixed Price contract to a qualified offeror deemed responsible in accordance with the Federal Acquisition Regulation (FAR) FAR 9.104, whose proposal conforms to all RFP requirements and is determined to represent the lowest price technically acceptable (LPTA), with appropriate consideration to: Volume I – Price and Contract Forms, Volume II – Technical Proposal – Volume III Past Performance. The Government will utilize The Lowest price technically acceptable (LPTA) source selection process IAW FAR 15.101-2, as supplemented by Veterans Affairs Acquisition Regulations VAAR 815.

Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors.

2. Discussions: The Government intends to make the award without conducting discussions with any offerors. However, the Government reserves the right to conduct discussions if, during the evaluation period it is determined to be in the best interest of the Government to do so. Discussions, if necessary, will be conducted in accordance with FAR 15.306. The Government also reserves the right to conduct exchanges with some, all or none of the offerors.

3. Evaluation: After the receipt of the proposal, the contracting officer will check for timeliness and validate the offerors SDVOSB status. If a proposal was not received on time, it may be deemed unresponsive. If it does not include a SDVOSB certification the proposal will not be considered for further evaluation.

Proposals will be evaluated for the following factors: (1) Price (2) Technical Proposal (3) Past Performance. Failure to address any of these factor(s) and/or submitting an incomplete package will result in the proposal being removed from further consideration for award.

3.1. Factor 1 – Price: The Government will evaluate the lump sum proposed price inserted in Section A.3 for each item number. If offeror does not provide a proposed price for an item number, the offeror will not be considered for award of THAT item. At a minimum the offeror must provide the cost of the items listed below for each item number listed in Section A.3.

· Direct-Labor Dollars (labor hours and rates

· Direct Material (material quantities and prices

· Indirect Costs;(overhead)

· Other Direct Cost (ODC)

· Subcontract Cost:

· Profit or Fee:

The Government reserves the right to obtain additional information concerning the price as necessary to obtain a better understanding of the price proposed. No proposal revisions will be allowed under these conditions. Request for such information is for clarification purposes only.

a) Fair and Reasonable Determination: The Government reserves the right to use one or more of the price analysis techniques defined in FAR 15.404, in order to determine fairness and reasonableness. The price evaluation will document fairness and reasonableness of the proposed price. Offers that include unreasonable, unbalanced, or incomplete pricing may not be considered for award.

b) Completeness: A proposal is complete when all pricing information required by the solicitation is provided in the format prescribed.

3.2. Factor 2 – Technical Proposal:

The Government's technical evaluation team will evaluate the technical proposals on an acceptable or unacceptable basis, assigning one of the ratings described below. Offeror must receive a technical rating of Acceptable to be considered for award

Any Technical Proposal evaluated as "unacceptable" will render the entire proposal unacceptable and, therefore, not eligible for award. Only those proposals determined to be technically acceptable, will be considered for award. However, the offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussion.

TECHNICAL PROPOSAL

Offerors technical proposal MUST clearly identify ALL of the following to be considered for award

3.2.1 Construction Approach to include:

e. Replacement of basement sewer main piping and removal of Asbestos-Containing Materials (ACM) as specified in the contract documents

f. Description of your QC system and Safety Plan

g. Coordination between subcontractors

h. Construction data management and reporting requirements.

Conceptual Schedule Management to include:

d. Sequencing and managing important construction activities and milestones that demonstrates a firm understanding of how to schedule and manage the project’s construction and data management.

e. The schedule must include durations in calendar days that meets the contract requirements. (Note: this is a concept schedule used to assure the contractor understands the scope and sequencing of the project and is not considered a post award construction submittal).

f. Coordination between features of construction/sequencing work/staging.

Staffing and Management Plan to include:

d. Management organization chart of proposing firm (prime contractor) and Key Staff including Construction Project Manager, Quality Control Manager (CQC System Manager), Site Superintendent, and Site Safety & Health Officer (SSHO).

e. Key subcontractors

f. Work assignments of specialized skills and trades.

3.3. Factor 3 – Past Performance: The Past Performance factor will receive one of the performance confidence assessments described in the Confidence Assessment table. To be eligible for award offeror MUST receive a confidence assessment rating of Satisfactory Confidence or Substantial Confidence.

The following two elements will be considered when performing the past performance assessment.

a) Recency Assessment: An assessment of the past performance information will be made to determine if it is recent. The time period during which past performance references are considered relevant for this solicitation is five (5) years prior to the release date of this solicitation.

b) Relevancy Assessment: The Government will conduct an in‐depth evaluation of the past performance information submitted and the information obtained through other sources to determine how closely the past projects relate to the Specifications of the requirement.

The past performance information and information obtained from other sources will be used to establish the degree of relevancy of past performance. The Government will use the relevancy definitions and matrix below.

RELEVANCY ASSESSMENT

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.”

c) Confidence Assessment: The confidence rating represents an overall evaluation of the contractor’s past performance, that establishes the confidence level of the Government in obtaining a successful performance.

CONFIDENCE ASSESSMENT

36C24725R0080 Section M

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INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

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

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

(End of Clause)

2.2 52.215-5 FACSIMILE PROPOSALS (OCT 1997)

(a) Definition. "Facsimile proposal," as used in this provision, means a proposal, revision or modification of a proposal, or withdrawal of a proposal that is transmitted to and received by the Government via facsimile machine.

(b) Offerors may submit facsimile proposals as responses to this solicitation. Facsimile proposals are subject to the same rules as paper proposals.

(c) The telephone number of receiving facsimile equipment is: No Facsimile Proposals will be accepted.

(d) If any portion of a facsimile proposal received by the Contracting Officer is unreadable to the degree that conformance to the essential requirements of the solicitation cannot be ascertained from the document—

(1) The Contracting Officer immediately shall notify the offeror and permit the offeror to resubmit the proposal;

(2) The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the offeror; and

(3) The resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timeliness, provided the offeror complies with the time and format requirements for resubmission prescribed by the Contracting Officer.

(e) The Government reserves the right to make award solely on the facsimile proposal. However, if requested to do so by the Contracting Officer, the apparently successful offeror promptly shall submit the complete original signed proposal.

(End of Provision)

2.3 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)

2.4 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)

2.5 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 (TWENTY) percent of the bid price or $3,000,000.00, 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 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021)

(a) Offerors shall obtain from each person acting as an individual surety on a bid guarantee—

(1) A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203–1; and

(2) Standard Form 28, Affidavit of Individual Surety.

(b) The Offeror shall include with its offer the information required at paragraph (a) of this provision within the timeframe specified in the provision at FAR 52.228–1, Bid Guarantee, or as otherwise established by the Contracting Officer.

(c) The Contracting Officer may release the security interest on the individual surety’s assets in support of a bid guarantee based upon evidence that the offer supported by the individual surety will not result in contract award.

(End of Provision)

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:

Hand-Carried Address:

Department of Veterans Affairs W.J.B. Dorn VA Medical Center 6439 Garners Ferry Road Columbia SC 29209-1639 Mailing Address:

Department of Veterans Affairs W.J.B. Dorn VA Medical Center 6439 Garners Ferry Road Columbia SC 29209-1639

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

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

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

(End of Provision)

2.10 VAAR 852.214-71 RESTRICTIONS ON ALTERNATE ITEM(S) (MAY 2018)

Bids on will be considered only if acceptable bids on are not received or do not satisfy the total requirement.

(End of Provision)

2.11 VAAR 852.214-72 ALTERNATE ITEM(S) (MAY 2018)

Bids on will be given equal consideration along with bids on and any such bids received may be accepted if to the advantage of the Government. Tie bids will be decided in favor of .

(End of Provision)

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

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

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

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

(i) Is otherwise eligible for award; and

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

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

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

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

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

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

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

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

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

2.13 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (NOV 2021)

(a) Definitions. As used in this clause— Agent means any individual, including a director, an officer, an employee, or an independent Contractor, authorized to act on behalf of the organization.

Full cooperation—

(1) Means disclosure to the Government of the information sufficient for law enforcement to identify the nature and extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete response to Government auditors' and investigators' request for documents and access to employees with information;

(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not require—

(i) A Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine; or

(ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; and

(3) Does not restrict a Contractor from—

(i) Conducting an internal investigation; or

(ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

Subcontractor means any supplier, distributor, vendor, or firm that furnished supplies or services to or for a prime contractor or another subcontractor.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Code of business ethics and conduct.

(1) Within 30 days after contract award, unless the Contracting Officer establishes a longer time period, the Contractor shall—

(i) Have a written code of business ethics and conduct;

(ii) Make a copy of the code available to each employee engaged in performance of the contract.

(2) The Contractor shall—

(i) Exercise due diligence to prevent and detect criminal conduct; and

(ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law.

(3)(i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector General (OIG), with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed—

(A) A violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code; or

(B) A violation of the civil False Claims Act (31 U.S.C. 3729-3733).

(ii) The Government, to the extent permitted by law and regulation, will safeguard and treat information obtained pursuant to the Contractor's disclosure as confidential where the information has been marked "confidential" or "proprietary" by the company. To the extent permitted by law and regulation, such information will not be released by the Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C. Section 552, without prior notification to the Contractor. The Government may transfer documents provided by the Contractor to any department or agency within the Executive Branch if the information relates to matters within the organization's jurisdiction.

(iii) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the Contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract.

(c) Business ethics awareness and compliance program and internal control system. This paragraph (c) does not apply if the Contractor has represented itself as a small business concern pursuant to the award of this contract or if this contract is for the acquisition of a commercial product or commercial service as defined at FAR 2.101. The Contractor shall establish the following within 90 days after contract award, unless the Contracting Officer establishes a longer time period:

(1) An ongoing business ethics awareness and compliance program.

(i) This program shall include reasonable steps to communicate periodically and in a practical manner the Contractor's standards and procedures and other aspects of the Contractor's business ethics awareness and compliance program and internal…