36C24921R0141_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.

36C24921R0141 X 12-15-2021 626-22-1-4205-0001 626A4-20-104 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) c/o Craig Ziegemeier 1639 Medical Center Parkway, Suite 400 Murfreesboro TN 37129 Craig Ziegemeier 615-225-5437 Project 626A4-20-104, Upgrade Nurse Call System at Tennessee Valley Healthcare System, 3400 Lebanon Road, Murfreesboro, TN 37129 and 1310 24th Avenue South, Nashville, TN 37212. The contractor shall furnish all labor, material, equipment and supervision to perform the required electrical and low voltage work to upgrade the Nurse Call System.

Project Specifications and Drawings are provided herein.

NAICS 236220 with a small business standard of $39.5M applies to this project.

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

See FAR 52.236-27 for the date and time of the organized site visit. There will only be one (1) site visit per locations Per current VA and federal regulations, please make sure you wear a face mask during the entire site visit.

1310 24th Avenue South, Nashville, TN 37212 at the parking lot between VA and parking garage December 20, 2021 @ 9AM CT.

3400 Lebanon Road, Murfreesboro, TN 37129 in front of Building 6 on December 21, 2021 @ 9AM CT.

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 Craig Ziegemeier, Contracting Officer at Craig.Ziegemeier@va.gov and Teresa Rogofsky, Contract Specialist at Teresa.Rogofsky@va.gov . RFIs must specifically identify the page number, section, and paragraph and must be formed as a question using the attached RFI form. All RFIs shall include the Project number, project title, contractor name, contact information (city, state, phone, email), date submitted, and RFI question(s). Questions received after 12:00 CT on December 28, 2021 will not be answered unless it is determined to be in the best interest of the government. Telephone requests will NOT be accepted.

NOTE: Please add Craig Ziegemeier at Craig.Ziegemeier@va .gov to all RFI and proposal submissions.

This is a 100% set-aside for Service-Disabled Veteran-Owned Small Business (SDVOSB) concerns.

To be eligible for award the contractor must be listed and have an active viewing in the Vendor Information Pages at https://vip.vetbiz.va.gov/ . All offers submitted will be checked when the offer is submitted and again prior to award (if applicable). all prospective offerors must have an active SAM's registration at the time of offer submission and at time of award.

This project is procured under FAR 15.101-2 Lowest Price Technically Acceptable. Evaluation Factors are listed in this solicitation.

Submit one (1) electronic copy of proposals and bid bonds before due date/time (Block 13).

Any hard copy proposal received (other than the bond requirement) will be deemed technically unacceptable outright and the bidder shall not be considered for award.

X X 52.211-10 X 1 electronic

12PM

CT

01-19-2022 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

See Schedule page 6.

The offeror must provide an offer response to the base offer and all alternate deducts. Failure to do so will result in a rejection of the offers.

626-3620162-4205-854200-3220 23NR0JA07

X 90C Network Contracting Office 9 Department of Veterans Affairs c/o Craig Ziegemeier 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 Craig Ziegemeier

Table of Contents

A.3 STATEMENT OF WORK

A. GENERAL INFORMATION

1. Title of Project: Project# 626A4-20-104 “Upgrade Nurse Call System”

2. Scope of Work: The contractor shall furnish all labor, material, equipment and supervision necessary to completely prepare site for building operations as required per drawings and specifications at both campuses of the Tennessee Valley Healthcare System, 3400 Lebanon Road, Murfreesboro, TN 37129 and 1310 24th Avenue South, Nashville, TN 37212.

3. Statement of Offer item(s)

Base Offer Item 1: GENERAL CONSTRUCTION: Work includes general construction, electrical work; includes all labor, material, equipment and supervision to perform the required electrical and low voltage work to upgrade the Nurse Call System. Includes all work per drawings and specifications.

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

Alternate Deduction Offer 1: Includes all work in Base Offer Item 1, but exclude all work shown on sheets 17TD111 and 17TN111.

Period of Performance: 355 calendar days from the issuance of the Notice to Proceed.

Alternate Deduction Offer 2: Same as Alternate Deduction Offer 1 but exclude all work in Building 106 on Sheet 106TN111.

Period of Performance: 350 calendar days from the issuance of the Notice to Proceed.

Alternate Deduction Offer 3: Same as Alternate Deduction Offer 2, but exclude all work associated with room labeled “Exam” within the defined limits on sheet 117TN111.

Period of Performance: 345 calendar days from the issuance of the Notice to Proceed.

B. GENERAL REQUIREMENTS

1. All work including materials will be warranted for a period of one year unless otherwise indicate in specifications.

2. Normal working hours are Monday thru Friday from 7 a.m. to 4:30 p.m.

All other work that may be required to be performed outside of established hours will need to be approved and coordinated with the Contracting Officer’s Representative (COR) 10 working days in advance. The schedule shall be coordinated with the COR prior to submission.

National holidays observed by the Federal Government are as follows:

Note: If a holiday falls on a Saturday or Sunday, then coordinate with the COR as to the next possible workday.

3. Contractor will be required to work some nights and or weekends to perform this work (i.e. removal and installation activities) and maintain functionality of affected areas, and to minimize disruptions to the Medical Centers operations. Weekend and evening work shall be identified on the project schedule submitted by the contractor and approved by the VA before work begins.

4. Any hard drives from de-installed servers shall remain on-site.

5. See drawings and specifications for additional requirements.

A.4 PRICE/COST SCHEDULE

ITEM INFORMATION

Base Offer 1: Project# 626A4-20-104 "Upgrade Nurse Call System" The contractor shall furnish all labor, material, equipment and supervision necessary to completely prepare site for building operations as required per drawings and specifications at both campuses of the Tennessee Valley Healthcare System, 3400 Lebanon Road, Murfreesboro, TN 37129 and 1310 24th Avenue South, Nashville, TN 37212.

LOCAL STOCK NUMBER: 626A4-20-104

Alternate Deduction Offer 1: Includes all work in Base Offer Item 1, but exclude all work shown on sheets 17TD111 and 17TN111

Alternate Deduction Offer 2: Same as Alternate Deduction Offer 1, but exclude all work in Building 106 on Sheet 106TN111

Alternate Deduction Offer 3: Same as Alternate Deduction Offer 2, but exclude all work associated with room labeled “Exam” within the defined limits on sheet 117TN111

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

This section describes the evaluation process, proposal preparation, the significant factors and sub-factors and criteria to be used in the evaluation process. This section is titled “Instructions, Conditions, and Other Statements to Bidder/Offeror” in the solicitation document. The subject procurement action shall be a Lowest Price Technically Acceptable (LPTA) source selection process per Federal Acquisition Regulation (FAR) Part 15.101-2. Award will be made to the offeror whose proposal conforms to the solicitation and is determined to be “Technically Acceptable” for all Non-Cost/Non-Price Evaluation Factors. Proposals will be evaluated for acceptability, but not ranked using the non-price factors/sub-factors. To be considered for award, an offeror must have an “acceptable” rating in every non-price factor/sub-factor under consideration.

The Government intends to award a single contract to a qualified Service-Disabled Veteran Owned Small Business (SDVOSB) determined responsible in accordance with the Federal Acquisition Regulation (FAR), whose proposal conforms to all the requirements in this solicitation and is further determined to meet or exceed the standards of acceptability at the lowest offered price. The Government intends to evaluate proposals and award a contract without discussions with Offerors. Therefore, the Offeror’s initial proposal should contain the Offeror’s best terms from both a technical and cost standpoint.

The evaluation of offers submitted in response to this Request for Proposal (RFP) solicitation will be conducted utilizing the LPTA selection process. Utilization of this source selection process may result in not all offers being evaluated. The Contracting Officer upon receipt of offers, will determine eligibility and compliance to the solicitation requirements. The Vendor Information Pages (VetBiz registry) will be checked to ensure that any offeror submitting a proposal to perform the work is both listed and verified. All proposals received will be checked for active registration in the System for Award Management (SAM). Thereafter, the Contracting Officer will review all proposals to ensure that the minimum proposal submission requirements (i.e. technical and price proposals and bid bonds) have been met. Once these requirements have been satisfied, the Contracting Officer will select and submit for review to the TEB the technical proposal of the lowest-priced offeror for consideration. The Government reserves the right to evaluate and award any of the four bid line items. Initially, the TEB will not receive any pricing information, only the technical portion of the Offeror’s proposal. The Offeror’s proposal will be rated against each evaluation factor as outlined in this solicitation.

If the selected Offeror’s proposal is determined to be acceptable based on the standards of acceptability, and that Offeror’s price is the lowest of all offers submitted, then no further evaluation of offers shall occur, and the Contracting Officer will document these findings and proceed with the responsibility determination of the offeror. Pricing information will only be provided to the TEB upon notification to the Contracting Officer that the technical proposal as submitted meets or exceeds the acceptability standard necessary to fulfill the objective of the requirement.

Should the initial Offeror’s proposal be determined to be unacceptable according to the standards of acceptability, then the TEB will be required to provide to the Contracting Officer a summary evaluation sheet that documents how the Offeror’s proposal fails to meet the standards of acceptability, and request to the Contracting Officer that another selection be made for consideration of an award. This process shall continue until such time that an award is made.

Offerors shall respond in writing to the evaluation factors listed below, in the same order as they appear in this solicitation document. Failure to provide all information will adversely affect the evaluation of an offer. The information contained in the technical proposal should be complete, concise, and address each factor. If the information applies to more than one evaluation factor, it must be repeated for each factor, unless stated otherwise.

Technical and Price sections of an offeror’s proposal will be evaluated independently. The offeror shall separately group each section. All pages containing text shall be consecutively numbered, type-written on 8-1/2 x 11-inch paper (or electronic equivalent) with margins of at least once inch with Times New Roman 12-point font. The submitted package should contain two separate sections: a.) Technical Proposal & b.) Price Proposal. The offeror’s Technical proposal shall be no more than 50 pages total, which is not inclusive of the solicitation and any amendments issued thereof. The Offeror’s Price Proposal shall be no more than 50 pages inclusive of the bid bonds required. A proposal which does not include a bid bond is nonresponsive (technically unacceptable) and cannot be made responsive by the submission of the bond after bid opening. Any submissions over the 50-page limit will result in the proposal being “Technically Unacceptable” outright and shall not be considered for award. In addition, the Offeror is hereby advised that the “Price Schedule” attached worksheet shall be considered as 20 pages, regardless of the overall total. Each section must be labeled with the following:

Company Name:

Physical Address of the Company:

Telephone Number:

Email address:

VA Project Number: Project 626A4-20-104 VA Project Name: Upgrade Nurse Call System Solicitation number: 36C24921R0141

The Technical Evaluation Board (TEB) shall evaluate the Offeror’s proposal against all non-price factors/sub-factors to determine whether the proposal is acceptable or unacceptable, using the “ACCEPTABLE” or “UNACCEPTABLE” ratings based upon the standard of acceptability that follows each factor/sub-factor below. To obtain an “ACCEPTABLE” rating an offeror must meet the standard of acceptability that is listed for each factor/sub-factor.

The evaluation process and criteria stated in this section will be strictly adhered to. Evaluators will make no assumptions regarding an Offeror’s proposal. Therefore, an Offeror must demonstrate understanding by the thoroughness, soundness, comprehensiveness, and price reasonableness of the technical approach. There will be no public opening of offers.

The following evaluation factors and sub-factors will apply to this procurement:

EVALUATION FACTORS

FACTOR 1 – Hospital/Healthcare Construction Management The offeror shall provide a narrative that describes the offeror’s overall organization, organizational chart, as well as the number of personnel and the duties of proposed technical staff to determine if the offeror can manage multi-discipline projects without significant difficulty. The proposal narrative must adequately address functions, responsibilities, and authorities for performing such duties as overall project management, site superintendence, quality control, safety, administration, and in-house trade capabilities.

Sub-Factor 1a – Relevant Experience: The offeror shall provide demonstrated experience in new construction or renovation of a hospital/medical center and/or health care facility for two (2) completed projects within the past five (5) years with a contract value equal to or greater than $5,000,000.00. The subject projects must have consisted of multiple trades to demonstrate the management and coordination of trades by the prime contractor.

Standard for Acceptability: The offeror must provide two projects, each with a complete project title, location, start and completion dates, contract price, and trades involved. Provide a descriptive narrative of work indicating how the offeror can manage multi-discipline projects without significant difficulty and provide a reference for verification. Each project magnitude must be at least $5,000,000.00 and must have been completed within the past five (5) years.

Sub-Factor 1b - Key Personnel: Provide the names of the offeror’s project manager and on-site superintendent, including name with title, years with the prime contractor, and total work experience as it relates to the new construction or renovation of a hospital/medical center and/or health care facility. Both project manager and site superintendent must demonstrate (by way of professional resume) experience in managing and providing oversight with new hospital construction or construction additions with a project magnitude equal to or greater than $5,000,000.00 or more over the past five (5) years.

Standard for Acceptability: The project manager and the on-site superintendent must have a minimum of five (5) or more years of experience managing new hospital construction and/or construction renovation in a hospital or medical center environment. Project magnitude experience must be $5,000,000.00 or more. All requirements within FACTOR 1 must be met or the proposals will be technically unacceptable and will not be considered for award.

**note**- failure to provide verifiable information shall deem this factor as “unacceptable”

FACTOR 2 - Technical Management Approach: The offeror shall provide a narrative that outlines the proposed technical approach for this project, including assumptions and rationale for choosing the preferred approach.

Sub-Factor 2a - Project & Construction Quality Control: Include a discussion of how the duration of this project time/schedule will be achieved; provide a Gantt chart of contract times broken into a schedule of values by trade discipline and by General Wage Decision (formerly Davis-Bacon Act). The offeror must include identification of proposed personnel for project management, site superintendence, and quality control, including roles in commissioning, safety during construction, and in-house trade capabilities.

Standard for Acceptability: Gantt chart demonstrating successful project completion in 365 calendar days or less, with all requirements met for the contract. The technical narrative must demonstrate a realistic timeline and logical flow of construction processes with minimal disruption to medical center operations.

Sub-Factor 2b – Project Management: Discuss and provide examples to address managing multiple project disciplines, unrealized cost and schedule efficiencies, change orders, and construction procedures specific to working hospital operations. This will be based on the offeror’s experience in hospital construction of a project of this magnitude and scope, involving multiple trades and the coordination thereof, the commissioning of various systems involved in the construction of a facility, review of the project specifications, and the proposed work viewed at the site visit.

Standard for Acceptability: The offeror demonstrates the capability to manage multiple project disciplines, realize more efficient processes, understands the change order process, and shows the capability to conduct construction processes appropriately in a hospital environment.

FACTOR 3 - Past Performance: Offeror shall provide up to three (3) prior clients on the VA Past Performance questionnaire for completed projects of construction or renovation of hospital/healthcare facilities and/or medical clinics where each project dollar magnitude was equal to or greater than $5,000,000.00 within the last five (5) years of the solicitation due date. Offerors must ask their clients to forward completed questionnaires directly to the Contracting Officer via email at craig.ziegemeier@va.gov and Contract Specialist via email at teresa.rogofsky@va.gov and must be received at that email address no later than January 13, 2022 at 12:00 PM CT.

Standard for Acceptability: This factor is met when up to three (3) past performance questionnaires have been submitted, and the Government has a reasonable expectation the offeror will be able to complete the requirement based on the questionnaire results. The offeror must have worked with the questionnaire respondent within the past five (5) years, and the evaluated project must be at least $5,000,000.00. The Government will evaluate the relative merits of each project listed under past performance as well as verify the information provided through direct contact, as well as other Government websites that display past performance information. An offeror without a record of relevant past performance or for whom information on past performance is not available may not be evaluated favorably or unfavorably on past performance and will be rated as “acceptable”. All requirements within FACTOR 3 must be met or the proposals will be technically unacceptable and will not be considered for award.

NOTE: The past performance evaluation results are an assessment of the Offeror’s probability of meeting the minimum past performance solicitation requirements. This assessment is based on the Offeror’s record of relevant and recent past performance information that pertains to the products and/or services outlined in the solicitation requirements. The Government may also obtain past performance information through the Past Performance Information Retrieval System (PPIRS) and other sources known to the Government.

FACTOR 4 - Price: The offeror shall provide prices for all offer items provided, as well as the deduct alternates in the schedule. The Government will evaluate offers for award purposes by the base offer item 1 and three (3) alternate deducts. The Government may determine that an offer is unacceptable if the additional offer line items and deduct alternates are significantly unbalanced.

The price proposal must include the Price Proposal template, the signed SF 1442, with acknowledgment of any amendments, plus the Offeror’s Bid Guarantee documents.

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

The proposed price will be analyzed for reasonableness. It may also be analyzed for the different divisions of work to be performed, reflects a clear understanding of the requirement; and is consistent with the Offeror’s Technical Proposal. A detailed price breakdown will be required, and Offerors shall provide a detailed breakout of pricing on the “Price Schedule” worksheet provided with the solicitation.

If a detailed price breakdown is not included in the Offeror’s price proposal, the contractor may be excluded from further consideration of contract award. Pricing will be evaluated in accordance with FAR 15.4 to determine reasonableness and evaluate potential performance risks. In this context, reasonableness will be determined by comparing offered prices with the government estimate. This factor will be evaluated as either reasonable or unreasonable. The Government reserves the right to cancel subject RFP and re-solicit via another mechanism should a fair and reasonable price not be achieved, or reasonableness of price cannot be determined.

2.1 52.211-6 BRAND NAME OR EQUAL (AUG 1999)

(a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation.

(b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must—

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by—

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation.

(End of Provision)

2.2 52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of Provision)

2.3 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

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

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

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

(End of Provision)

2.4 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

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

(End of Provision)

2.5 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014) ALTERNATE II (JUN 2009)

(a) Definitions. "Bahrainian, Mexican, or Omani construction material," "commercially available off-the-shelf (COTS) item," "construction material," "designated country 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 Under Trade Agreements" (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination 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 FAR clause 52.225-11 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 materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(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 construction material, except foreign construction material from a designated country other than Bahrain, Mexico, or Oman that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material other than Bahrainian, Mexican, or Omani 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 FAR clause 52.225-11 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 FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material other than Bahrainian, Mexican, or Omani 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 3,000,000.00, 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:

Craig Ziegemeier

Hand-Carried Address:

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

Mailing Address:

Department of Veterans Affairs Network Contracting Office 9 1639 Medical Center Parkway, Suite 400 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)

2.9 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

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

(b) An organized site visit has been scheduled for—

(c) Participants will meet at—

1310 24th Avenue South, Nashville, TN 37212 at the parking lot between VA and parking garage December 20, 2021 @ 9AM CT.

3400 Lebanon Road, Murfreesboro, TN 37129 in front of Building 6 on December 21, 2021 @ 9AM CT.

2.10 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/ https://beta.sam.gov/ (End of Provision)

2.11 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) Prime contractors are encouraged to assist service-disabled veteran-owned and veteran-owned small business potential subcontractors in obtaining bonding, when required. Mentor firms are encouraged to assist protégé firms under VA's Mentor-Protégé Program in obtaining acceptable bid, payment, and performance bonds, when required, as a prime contractor under a solicitation or contract and in obtaining any required bonds under subcontracts.

(End of Clause)

2.12 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

(a) As an alternative to filing a protest with the Contracting Officer, an interested party may file a protest by mail or electronically with: Executive Director, Office of Acquisition and Logistics, Risk Management and Compliance Service (003A2C), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420 or Email: EDProtests@va.gov.

(b) The protest will not be considered if the interested party has a protest on the same or similar issue(s) pending with the Contracting Officer.

(End of Provision)

2.13 VAAR 852.223-70 INSTRUCTIONS TO OFFERORS—SUSTAINABLE ACQUISITION PLAN (SEP 2019) Offerors shall include a Sustainable Acquisition Plan in their technical proposals. The plan must describe the approach and quality assurance mechanisms for applying FAR subpart 23.1, Sustainable Acquisition Policy and other Federal laws, regulations and Executive Orders governing sustainable acquisition. The plan shall clearly identify those products and services included in the proposal.

(End of Provision)

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

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

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

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

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

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

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

(6) State the form of relief requested; and

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

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

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

(End of Provision) PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:

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

REPRESENTATIONS AND CERTIFICATIONS

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

(…