36C24921R0069_1.docx

36C24921R0069

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.

36C24921R0069 X 03-22-2021 626-21-2-4219-0010 626-108-203 Department of Veterans Affairs Network Contracting Office 9 (90C)

NCO 9

1639 Medical Center Parkway, Suite 400 Murfreesboro TN 37129 Department of Veterans Affairs Network Contracting Office 9 (90C)

NCO 9

1639 Medical Center Parkway, Suite 400 Murfreesboro TN 37129 Teresa Rogofsky 615-605-6954 Project# 626-18-203, Upgrade Electrical Paralleling System at Tennessee Valley Healthcare System (TVHS), 1310 24th Avenue South Nashville, Tennessee 37212.

TVHS has a requirement for construction services for contractor to provide all labor, materials, equipment, and expert supervision required to Upgrade Electrical Paralleling System. This project includes general construction, electrical, plumbing, and architectural improvements. Project specifications and Drawings are provided herein.

NAICS Code 238210 is applicable for this project. The small business standard is $16.5M.

Project Magnitude is between $5,000,000.00 and $10,000,000.00.

See FAR Part 52.236-27 for the date and time of the organized site visit. There will only be one (1) site visit on this project. Please allow extra time for COVID screening.

To obtain clarifications and/or additional information concerning the contract requirement, specifications, and/or Drawings; submit a written Request for Information (RFI) via email to Teresa Rogofsky, Contracting Officer, at teresa.rogofsky@va.gov. RFI's must be specific in identifying section, paragraph, page number, must be in question format, and on the attached form provided. All RFI's submitted shall include the project number and title, contractor name, city and state, phone number, and email address, date submitted and RFI question(s).

RFI Questions received after 1:00 PM CST, April 12, 2021 will not be answered unless it is determined to be in the best interest of the government as deemed by the CO. Telephone requests will NOT be accepted.

In accordance with P.L. 1090461, this acquisition is 100% set-aside for Service-Disabled Veteran Owned Small Business (SDVOSB) concerns. In order to be eligible to receive an award under this solicitation, the SDVOSB contractor must be listed and viewable in the Vetbiz Registry located at www.vipvetbiz,va.gov at the time of offers due and at time of the award. In accordance with FAP Part 52.204-7 System for Award Management (SAM), all prospective offerors must have an active SAM's registration at the time of offer submission.

This project will be procured under FAR Part 15.101-1 - Trade-Offs. Proposals will be evaluated in accordance to the evaluation factors listed in the solicitation.

Proposal, acknowledged amendments, and a copy of the bid bond must be received electronically at teresa.rogofsky@va.gov. A hard copy Bid Bond Hard copy bid bond with raised seal must be received via US Mail on or before the closing date.

X 52.211-10 X

2:00 PM

CDT

04-21-2021 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

626-3610162-4219-854200-3220 23NR9JA16

X 90C Network Contracting Office 9 Department of Veterans Affairs Network Contracting Office (90C) 1639 Medical Center Parkway Suite 400 Murfreesboro TN 37129 90C FSC e-Invoicing Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 Invoice must be submitted electronically

Setup 1-877-489-6135 X Teresa A. Rogofsky Contracting Officer

Table of Contents

STATEMENT OF WORK

Department of Veterans Affairs TVHS, Nashville Campus Requirements for Construction Services Project 626-18-203

A. GENERAL INFORMATION:

The contractor shall furnish all labor, material, equipment and supervision necessary to accomplish the work for Project# 626-18-203, Upgrade Electrical Paralleling System at the Tennessee Valley Healthcare System, VA Medical Center, 1310 24th Ave., S., Nashville, TN 37212 in accordance with the specifications and drawings titled “Upgrade Electrical Paralleling System.”

B. SUPPORTING INFORMATION:

1. Place of Performance: Tennessee Valley Healthcare System (TVHS), VA Medical Center, 1310 24th Ave., S., Nashville, TN 37212.

2. Scheduling: Normal working hours are Monday thru Friday from 7 a.m. to 3:30 p.m.

Contractor shall also be required to work nights and weekends to perform work to maintain functionality of affected areas and minimize disruptions to TVHS Nashville VA Medical Center operations. Weekend and evening work shall be identified on the project schedule submitted by the contractor and approved by the Contracting Officer’s Representative (COR) before work begins.

National holidays observed by the Federal Government are as follows:

C. BID ITEM(S):

1. ITEM I. BASE OFFER

Period of Performance: 365 calendar days from the issuance of the Notice to Proceed.

Work includes demolition and new construction, including, but is not limited to general construction, structural, mechanical, plumbing, electrical, fire alarm, low voltage controls, programming, infection control measures, necessary removal of existing structures and construction, and certain other items. The contractor shall provide all tools, labor, material, equipment, and supervision necessary to perform all work as required by the contract bid documents for project 626-18-203, Upgrade Electrical Paralleling System.

D. GENERAL REQUIREMENTS

1. All work including materials shall be warranted for a period of one year, or as noted in project specifications, and/or drawings.

2. Normal working hours are Monday thru Friday from 7 a.m. to 3:30 p.m.

3. Portions of work that require shutdowns, excessive noise, or interrupt adjacent service operations will be performed on nights and/or weekends between 6:00pm Friday evening to 9:00pm Sunday evening; Contractor must maintain functionality of affected areas to minimize disruptions to the Medical Centers operations. Weekend and evening work must be identified on the project schedule submitted by the contractor and approved by the VA before work begins.

4. Contractor shall coordinate all work through the VA COR.

5. The contractor superintendent must be on site at all times during the performance of work associated with this contract.

6. All labor, materials, equipment to perform the job; When “furnish”, “provide”, “install” or similar term is used, it shall mean a complete installation, ready for use.

7. The contractor shall identify all employees that shall be working under the awarded contract. Contractor personnel shall include employees, sub-contractors, suppliers and delivery personnel entering the medical center. Those employees shall bring photo ID to obtain a VA Contractor identification badge that shall be worn above the belt at all times while on medical center property. Contractor’s employees shall return all I.D. badges to designated personnel at the end of the period of performance of the contract. Lost badges shall result in a surcharge.

8. The safety manager is responsible for safety inspections of all contract operation and shall be identified to the contractor. All VA and OSHA safety regulations shall be observed during the performance of work identified on this contract. Provide signage and barricades, as required, to maintain safety and protection of work around project work site.

9. The contractor must visit the job site to thoroughly familiarize himself with all the details of this work and working conditions. The contractor shall also verify all dimensions in the field and shall advise the Contracting Officer and COR of any discrepancy before performing any work. The contractor shall be specifically responsible for the coordination and proper relation of his work to the building, structure, phasing and ensure the safety of employees and workmen.

10. Contractor shall not allow smoking in any building as the hospital is a smoke free campus

11. Contractor must take adequate precautions to protect all adjacent equipment, concrete pads and walkways in the work area from spills, drips, runs and damage from the use of power tools.

12. The Contractor does not have assigned parking and is responsible for parking in authorized locations only. Drivers should be particularly concerned with Pedestrian traffic; yield to pedestrians in crosswalks. Seat Belt use is mandatory on all VA grounds.

13. The Contractor shall at all times keep the work area, including any areas where materials/equipment is being stored, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work and premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of the Government.

14. Equipment (building service equipment and systems) must be provided by nationally recognized manufacturers that produce and distribute mechanical products across the United States for over 5 years. Manufacturers shall have local vender representatives.

15. Due to space limitations, contractor may or may not be provided limited space for a staging area. For equipment/material that is no longer needed, the contractor is responsible for disregarding all waste. Staging areas will be determined by the COR.

16. Where items are being removed, remove all appurtenances related or connected to the items being removed or demolished. Utilities must be removed back to the source or active main / branch. Do not leave any abandoned utilities/lines or dead-end lines.

17. Type of controls throughout project work must be consistent. Controls must be of the same manufacturer and type.

E. EVALUATION FACTORS

Trade-Off Process: Project #626-18-203, Upgrade Electrical Paralleling System All evaluation factors are of equal importance. The evaluation factors are:

1.) Qualifications, 2.) Technical Approach, Methods & Procedures 3.) Previous Experience 4.) Past Performance 5.) Construction Management 6.) Proposed Construction Schedule 7.) Price FACTOR 1: Qualifications

1.1 Sub-factor: Licensure

The Prime Contractor must possess a current and valid state Electrical Contractor License. The Prime Contractor and/or the subcontractor must possess a current and valid state General Contractor License.

Standard for Acceptability: This standard is met when the Offeror can provide a current and valid General and Electrical Contractor license from Tennessee and any of the other 49 states.

1.2 Sub-factor: Eligibility

Provide evidence of contractor’s CVE verification from the Center of Veteran Enterprises, indicating the offeror’s status as a verified Service-Disabled Veteran Owned Business.

Standard for Acceptability: This standard is met when the Offeror submits with its offer the acceptance letter from the Center of Veteran’s Enterprise, indicating the company’s designation as a verifiable Service Disable Veteran Owned Business. The date of the letter must indicate that the Prime Contractor‘s status is current; and the Contracting Officer has determined that the contractor is both listed and viewable in the Vendor Information Pages at www.vip.vetbiz.va.gov.

FACTOR 2: Technical Approach, Methods and Procedures Provide a narrative on the technical approach, methods and procedures that you intend to use to accomplish the requirements of this project. Offeror shall demonstrate that it and any significant subcontractor used have knowledge of applicable standards including, but not limited to Joint Commission on Accreditation of Hospitals Organization (JCAHO), National Fire Protection Association (NFPA), National Electric Code (NEC), ILSM, asbestos abatement, safety, and ICRA. Offeror shall address its understanding of the scope of work to include the recognition of the critical areas of the requirement, and proposed methods of accomplishing the requirement. It shall include the approach to acquisition of labor, resources, materials, facilities, and equipment and description of same to be used in accomplishing the requirements of the scope of work.

Standard for Acceptability: This standard is met when the Offeror demonstrates a commitment to accomplish all the work in accordance with the solicitation requirements, committing to the schedule as provided in Factor 6 below, and when the Offeror provides a logical, concise and detailed understanding of factor 2 requirements listed above.

FACTOR 3: Previous Experience Contractor must provide technical narrative demonstrating completion of three or more projects greater than $4,000,000.00 dollars by the company in the last five (5) years similar in scope, magnitude and complexity of the construction/installation of medium voltage electrical systems, Low voltage emergency distribution systems comprised of generators and automatic transfer switches at a VA Medical Center or a hospital/medical type facilities. Listing shall include project scope, initial award amount, description of the work self-performed by the Prime Contractor, related client identification and contact information, project schedule, and delivery dates. Offeror shall also indicate for each project listed, whether or not any changes occurred, and whether these changes were the result of differing site conditions, owner direction, or change initiated by the contractor. The offeror’s electrical contractors previous experience will be evaluated on quality of product and service, cost and schedule management including the following: functional final product, quality control, timeliness of performance, schedule management, warranty response, safety, customer commitment and satisfaction, reasonable and cooperative performance. Projects referenced for this factor shall also be used in Factor 4 and are required to be referenced in Sub-Factor(s) 3.1 & 3.2 below.

Standard for Acceptability: This standard is met when the Offeror can provide a technical narrative of construction experience similar in scope, size and magnitude as the subject project, demonstrating the construction installation of the construction/installation of medium voltage electrical systems, Low voltage normal and emergency distribution systems comprised of generators and automatic transfer switches at a VA Medical Center or a hospital/medical type facilities, and when the Offeror provides a logical, concise and detailed understanding of factor 3 requirements listed above.

3.1 Sub-factor: Compliance with Contract Requirement (VAAR 852.219-10) Describe and identify medium voltage electrical work as well as emergency distribution systems with power coordination studies performed with a minimum of two completed projects within the past five (5) years.

Standard for Acceptability: This standard is met when the Offeror can provide a minimum of three projects within the past five (5) years where medium voltage electrical work as well as emergency distribution systems with power coordination studies was performed.

3.2 Sub-factor: Coordination of Contract Work

Provide and describe where your company engaged in special coordination of installation timelines so as not to interrupt services or operations of facilities, including required overnight and evening installation.

Standard for Acceptability: This standard is met when the Offeror can provide a narrative of verifiable evidence where the coordination of various and/or multiple trades occurred so as not to interrupt facility or hospital services. The coordination of work must have been performed in one of the projects listed for evaluation factor #3.

FACTOR 4: Past Performance Provide narrative information on five (5) projects within the past five (5) years where the scope of work involved major electrical upgrade systems consisting of medium voltage switchgear, low voltage electrical systems, emergency distribution systems consisting of generators and automatic transfer switches, power coordination studies, and power monitoring systems. The electric offeror’s and sub-contractor’s past performance will be evaluated. Information provided for this factor must include the following information: Primary Project Point of Contact (Full Name, Title, Telephone Number and Email Address) Information listed for this factor cannot be restated from Factor 3 above. Projects referenced in Factor 4 are required to be referenced in Factor 5 below.

Standard for Acceptability: This standard is met when the Offeror can provide a narrative on five (5) projects, that is subsequently verified by the Contracting Officer, where the Offeror was the Prime Contractor and the project work involved major electrical upgrade systems consisting of medium voltage switchgear, low voltage electrical systems, emergency distribution systems consisting of generators and automatic transfer switches, power coordination studies, and power monitoring systems

FACTOR 5: Construction Management

5.1 Sub-factor: Troubleshooting/Problem Solving

Identify at least three (3) common and/or typical problems that a facility can experience as a result of a major electrical upgrade project and describe actions that can be taken to remedy such problems.

Standard for Acceptability: This standard is met when the Offeror can provide at least three common problems typical in a major electrical upgrade.

5.2 Sub-factor: Safety Procedures

Offeror must submit a complete Safety & Infection Control Plan which describes the following:

· Methods to be used to ensure that an OSHA certified Competent Person will maintain a presence at the work site whenever work is being done (See General Requirements 010000)

· Methods to be used to ensure all workers shall have received the required minimum 10-hour OSHA training (See General Requirements 010000)

· Measures to be taken to protect VA Patients, Personnel, Visitors, and the General Public under this contract.

· Measures to be taken to provide security of the construction area to protect from theft and vandalism, and unauthorized entry.

· Their continuing education program(s) for personnel assigned to perform services under this contract.

· Their current insurance Experience Modification Rate and discuss their experience with on-the-job injuries during the last two calendar years.

· Knowledge of and experience with the American Society of Healthcare Engineer’s (ASHE) and/or Healthcare Contractor Certification Program.

· Familiarity with Healthcare Construction, infection control procedures, Interim life safety measures, along with applicable JCAHO standards, AIA guidelines, ASHRAE guidelines, EPA IAQ guidelines, and CDC guidelines.

Standard for Acceptability: This standard is met when the Offeror provides a complete Safety Plan, where the standards listed above have been clearly listed within the plan as submitted.

5.3 Sub-factor: Quality Control & Risk Assessment

Offeror must submit a written plan which:

· Demonstrates the ability to complete the project and all requirements within the contract terms and conditions

· Demonstrates techniques to maintain quality control for workmanship, material, and work progress

· Demonstrates in detail office procedures that ensure all contractual requirements will be completed on time and all written documents and records (e.g., payrolls, daily logs, submittals, insurance certificates, payments, change orders, supplemental agreements, correspondence, etc.) are easily accessible.

· Demonstrates techniques for work coordination with Subcontractors. Describe what is in place to monitor performance of Subcontractors and guarantee performance. Describe how contract requirements flow down to the lowest level of Subcontractor.

· Demonstrates in detail a written Risk Assessment on this project to include an understanding of the site conditions and plans to deal with varying elements and factors affecting the work (e.g, weather, local obstacles, public access and other conditions, inflation, cost of fuel, length of contract performance as it relates to offering a firm-fixed-price without the ability to make inflationary adjustments). The Risk Assessment shall include what contingencies are being anticipated and what plans are proposed to address them.

Standard for Acceptability: This standard is met when the Offeror can provide at least three common problems typical in a major electrical upgrade.

FACTOR 6: Proposed Construction Schedule Provide a realistic schedule for this project based on a Notice to Proceed date of May 10, 2021. Offeror shall demonstrate a detail phasing plan and schedule to accomplish work and minimize disruption to the medical center’s Electrical Distribution and Paralleling System. Schedule must include critical paths, indicating all aspects of the work to be performed under this project.

Standard for Acceptability: This standard is met when the Offeror submits a realistic schedule, detailing phasing plan and schedule that shows the work being completed within the period of performance (360 calendar days), with minimal disruption to the medical center’s normal and emergency electrical distribution systems.

FACTOR 7: Price The proposed price will be analyzed for reasonableness. It may also be analyzed to determine whether it is realistic for the work to be performed, reflects a clear understanding of the requirements; and is consistent with the Offeror’s Technical Proposal. Divisional Price line items will also be analyzed to determine if unbalanced pricing exists. See attached Price Proposal Template.

Standard for Acceptability: This standard is met when the Offeror submits a price proposal consistent with the Independent Government Estimate; and when analyzed by each price line item, broken down by division, is determined to be consistent with the work required.

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

1.00

JB

The contractor shall furnish all labor, material, equipment and supervision necessary to accomplish the work for Project# 626-18-203, Upgrade Electrical Paralleling System at the Tennessee Valley Healthcare System, VA Medical Center, 1310 24th Ave., S., Nashville, TN 37212 in accordance with the specifications and drawings titled "Upgrade Electrical Paralleling System." Work includes demolition and new construction, including, but not limited to: general construction, structural, mechanical, plumbing, electrical, fire alarm, low voltage controls, programming, infection control measures, and necessary removal of existing structures and construction and certain other items. The contractor shall provide all tools, labor, material, equipment, and supervision necessary to perform all work as required by the contract bid documents for project 626-18-203, Upgrade Electrical Paralleling System. POP IS 365 DAYS.

LOCAL STOCK NUMBER: 626-18-203

GRAND TOTAL

Page 1 of Page 1 of

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

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 actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the—

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is

(End of Provision)

2.4 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)

2.5 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 $3,000,000.00, 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)

2.6 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)

2.7 52.233-2 SERVICE OF PROTEST (SEP 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Teresa Rogofsky Contracting Officer

Hand-Carried Address:

Department of Veterans Affairs Network Contracting Office - 9 3400 Lebanon Pike Murfreesboro TN 37129

Mailing Address:

Department of Veterans Affairs Network Contracting Office - 9 3400 Lebanon Pike Murfreesboro TN 37129

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

(End of Provision)

2.8 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for Tuesday, March 30, 2021 at 9:00 AM CST. Please allow extra time to answer COVID questions prior to entering VA Hospital grounds.

(c) Participants will meet at Nashville VAMC Conference Room F-207 in the ACRE Building.

IMPORTANT NOTE: Contractors that plan on attending need to send an email to Marques Santiago, COR/Engineer, at marques.santiago@va.gov stating their company name so they can gain entry. This needs to be done 48 hours in advance.

If you have any questions about the site visit, please contact Marques at marques.santiago@va.gov.

(End of Provision)

2.9 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

2.10 52.244-2 SUBCONTRACTS (JUN 2020)

(a) Definitions. As used in this clause— "Approved purchasing system" means a Contractor's purchasing system that has been reviewed and approved in accordance with Part 44 of the Federal Acquisition Regulation (FAR).

"Consent to subcontract" means the Contracting Officer's written consent for the Contractor to enter into a particular subcontract.

"Subcontract" means any contract, as defined in FAR Subpart 2.1, entered into by a subcontractor to furnish supplies or services for performance of the prime contractor a subcontract. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(b) When this clause is included in a fixed-price type contract, consent to subcontract is required only on unpriced contract actions (including unpriced modifications or unpriced delivery orders), and only if required in accordance with paragraph (c) or (d) of this clause.

(c) If the Contractor does not have an approved purchasing system, consent to subcontract is required for any subcontract that—

(1) Is of the cost-reimbursement, time-and-materials, or labor-hour type; or

(2) Is fixed-price and exceeds—

(i) For a contract awarded by the Department of Defense, the Coast Guard, or the National Aeronautics and Space Administration, the greater of the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award, or 5 percent of the total estimated cost of the contract; or

(ii) For a contract awarded by a civilian agency other than the Coast Guard and the National Aeronautics and Space Administration, either the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award, or 5 percent of the total estimated cost of the contract.

(d) If the Contractor has an approved purchasing system, the Contractor nevertheless shall obtain the Contracting Officer's written consent before placing the following subcontracts:

(e)(1) The Contractor shall notify the Contracting Officer reasonably in advance of placing any subcontract or modification thereof for which consent is required under paragraph (b), (c), or (d) of this clause, including the following information:

(i) A description of the supplies or services to be subcontracted.

(ii) Identification of the type of subcontract to be used.

(iii) Identification of the proposed subcontractor.

(iv) The proposed subcontract price.

(v) The subcontractor's current, complete, and accurate certified cost or pricing data and Certificate of Current Cost or Pricing Data, if required by other contract provisions.

(vi) The subcontractor's Disclosure Statement or Certificate relating to Cost Accounting Standards when such data are required by other provisions of this contract.

(vii) A negotiation memorandum reflecting—

(A) The principal elements of the subcontract price negotiations;

(B) The most significant considerations controlling establishment of initial or revised prices;

(C) The reason certified cost or pricing data were or were not required;

(D) The extent, if any, to which the Contractor did not rely on the subcontractor's certified cost or pricing data in determining the price objective and in negotiating the final price;

(E) The extent to which it was recognized in the negotiation that the subcontractor's certified cost or pricing data were not accurate, complete, or current; the action taken by the Contractor and the subcontractor; and the effect of any such defective data on the total price negotiated;

(F) The reasons for any significant difference between the Contractor's price objective and the price negotiated; and

(G) A complete explanation of the incentive fee or profit plan when incentives are used. The explanation shall identify each critical performance element, management decisions used to quantify each incentive element, reasons for the incentives, and a summary of all trade-off possibilities considered.

(2) The Contractor is not required to notify the Contracting Officer in advance of entering into any subcontract for which consent is not required under paragraph (b), (c), or (d) of this clause.

(f) Unless the consent or approval specifically provides otherwise, neither consent by the Contracting Officer to any subcontract nor approval of the Contractor's purchasing system shall constitute a determination—

(1) Of the acceptability of any subcontract terms or conditions;

(2) Of the allowability of any cost under this contract; or

(3) To relieve the Contractor of any responsibility for performing this contract.

(g) No subcontract or modification thereof placed under this contract shall provide for payment on a cost-plus-a-percentage-of-cost basis, and any fee payable under cost-reimbursement type subcontracts shall not exceed the fee limitations in FAR 15.404-4(c)(4)(i).

(h) The Contractor shall give the Contracting Officer immediate written notice of any action or suit filed and prompt notice of any claim made against the Contractor by any subcontractor or vendor that, in the opinion of the Contractor, may result in litigation related in any way to this contract, with respect to which the Contractor may be entitled to reimbursement from the Government.

(i) The Government reserves the right to review the Contractor's purchasing system as set forth in FAR Subpart 44.3.

(j) Paragraphs (c) and (e) of this clause do not apply to the following subcontracts, which were evaluated during negotiations:

(End of Clause)

2.11 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (FEB 2021)

(a) Definitions. As used in this clause— Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

Component means any article, material, or supply incorporated directly into construction material.

Construction material means an…