36C24924R0080_1.docx

12/30/20

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.

36C24924R0080 X 08-06-2024 603-24-4-2330-0025 603-23-102 90C Department of Veterans Affairs Network Contracting Office 9 (90C)

NCO 9

1639 Medical Center Parkway, Suite 204 Murfreesboro

TN

37129 Robert Glenn Jr robert.glenn@va.gov

Robert Glenn Jr 615-225-3413 Furnish all labor, materials, supervision, equipment, and all other necessary items to Replace Electrical Main Feeders located at the Robley Rex VA Medical Center in Louisville, KY.

NAICS Code: 236220 Commercial and Institutional Building Construction Size Standard: $45M Set-Aside: 100% Service-Disabled Veteran Owned Small Business (SDVOSB) (see VAAR Clause 852.219-10) Magnitude of Construction: $1,000,000.00 to $2,000,000.00

See FAR 52.236-27 Site Visit (Construction) - for the date and time of the organized site visit. There will only be one (1) site visit on this project. Please make sure you bring any necessary items to properly inspect the site.

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 Robert.glenn2@va.gov. RFIs must be specific in identifying section, paragraph, and page number and must be in question format. All RFIs submitted shall include the project number and title, contractor name, city, state, phone number, date submitted and RFI questions. Questions received after 2:00 PM ET September 5, 2024, will not be answered unless determined to be in the best interest of the government. Telephone requests will NOT be accepted. All questions at the site visit MUST BE in writing and submitted as an RFI.

Offerors are to submit one (1) electronic copy of entire proposal along with an electronic copy of bid bond to Robert.glenn2@va.gov, on or before the due date/time statedin Block 13.

In accordance with P.L 109-461, 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 registered in the U.S. Small Business Administration (SBA) Veteran Small Business Certification (VetCert) site at the time of submission of proposal and award. Failure to be both VERIFIED by the SBA and VISIBLE on VetCert at the time of proposal submission and at time of award will result in the offeror’s proposal deemed technically unacceptable.

All offerors are urged to contact the SBA VetCert (https://veterans.certify.sba.gov) and submit the required documents to obtain verification of their SDVOSB status if they have not already done so.

Project will be procured under FAR 15.101-2 Lowest price Technically Acceptable. Evaluation factors are listed in the solicitation.

X X 52.211-10 X

2PM

EDT

09-05-2024 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

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

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

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

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

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

TO SIGN

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

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

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

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

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

(Contractor is not required to sign this document.)

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

Base Bid Item:

Bid Deduct 1:

90C Network Contracting Office 9 Department of Veterans Affairs Network Contracting Office (90C) 1639 Medical Center Parkway Suite 204 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 Matthew R. Whisman Contracting Officer

Table of Contents

ATTACHMENT

STATEMENT OF WORK

36C24924R0080 Page 1 of Page 1 of

STATEMENT OF WORK (SOW)

Department of Veterans Affairs Robley Rex VA Medical Center Louisville, KY Project- 603-23-102 Electrical Main Feeders and Switchgear

A. Introduction–This project will address facility condition assessment deficiencies for the primary electrical switchgear. Activities will replace individual switchgear components with new factory- reconditioned components, as required, to restore the equipment to reliable condition. The period of performance is 240 calendar days from the notice to proceed. If this statement of work should conflict with the contract specifications and drawings, the specifications and drawings shall take precedence.

B. Background– The main electrical substation is located on the west side of the Robley Rex campus. Deficiencies were identified in the most recent facility condition assessment, including the overall condition of the existing GE 13.8 kV walk-in powerhouse and associated main-tie- main and feeder breakers.

C. Scope of Work:

1. Contractor shall completely prepare the site for Replace Electrical Main Feeders and Switchgear at the Louisville VAMC. This includes furnishing labor and materials, associated demolition and construction as required by construction drawings and specifications.

2. Utilize the existing walk-in enclosure, metal-clad switchgear assembly and busway.

3. Replace only selective individual components with new or factory-reconditioned components, as required by the drawings, to restore the equipment to reliable condition. Only priority or high-risk components will be replaced within this work.

4. Retrofit new microprocessor-based protective relays and communication devices into the existing switchgear assembly and integrate with existing instrument transformers and control wiring.

5. Perform testing and maintenance for the remainder of the switchgear components within this scope according to the contract documents.

6. Upgrade Schneider Electric advanced metering to ensure remote monitoring capabilities by VA personnel.

7. All work shall be completed according to the contract specifications and drawings.

8. Work shall comply with all applicable codes and standards, as well as VA policy.

D. Statement of Bid Items BASE BID ITEM - Work includes general construction, alterations, and construction and certain other items. A testing and maintenance plan is provided within the contract documents for the switchgear components within this scope, with procedure requirements for the Contractor to submit work orders for additional maintenance required. Microprocessor-based protective relays and communication devices would be retrofitted into the existing switchgear assembly and integrated with existing instrument transformers and control wiring. All breakers, including feeders, mains, and the tie, will be provided with an individual microprocessor based protective relay and digital meter to replace the existing analog devices. The operational functionality of the switchgear will match existing. In addition, work includes evaluation and testing of the existing feeders connected to the primary substation. Feeders will be tested to ensure integrity. The advanced metering system will also be repaired under all options. Network communications shall be updated to ensure personnel are able to monitor the primary distribution system metering remotely. The base bid includes the upgrade of the doors and relays, along with refurbishment for the cabinets/breakers within this scope. The period of performance is 240 calendar days from the notice to proceed.

BID DEDUCT 1 - Bid deduct includes the removal of the maintenance and refurbishment of the cabinets/breakers that are not considered to be a priority under this work. The priority is determined by both the area served as well as lack of redundant power to the specified location. See Contract Documents drawings for additional information regarding both the base bid and the bid deduct. The period of performance is 240 calendar days from the notice to proceed.

E. Scheduling and Duration– All utility outages shall be completed outside of the normal business hours of the hospital (Monday-Friday, 7AM – 5PM). No outages will be permitted on government holidays. Coordinate with the Contracting Officer’s Representative (COR) at least 14 days in advance. On-site work shall be managed to minimize the effect on the medical center.

F. Inspections–The COR is responsible for the inspection of the work called for in this project. Inspections shall be requested at least 7 days in advance by the contractor, except the Final Acceptance Inspection, which shall be requested at least 14 days in advance. Inspections made by the COR are for the sole benefit of the Government and do not relieve the Contractor of any quality control responsibilities. All work shall be inspected by increments during installation and at final completion by the COR.

G. Warranty– All work, equipment, furnished material, and functionality shall be free from defects and shall remain so for a period of one year from the date of acceptance of the entire installation by the COR.

H. Delivery and Storage– The contractor is responsible for all transportation, deliveries and storage of materials and all associated costs. No onsite storage will be provided by the Government unless arranged by the VA COR.

I. Fees and Mark-up – The contractor’s price to the government shall be all-inclusive, including all associated fees/costs and services to complete the work and provide a certified, fully functional system.

J. Completion

1. Upon completing a segment of work (related to a location/task/objective), the Contractor shall leave the work area in a clean, neat, and orderly condition, satisfactory for use.

2. Upon completion of a segment of work, the Contractor shall demonstrate that all work is complete, and the system is fully functional.

3. Equipment shall comply with manufacturer’s requirements.

4. Contractor shall correct and reinspect any QC listed issues prior to requesting final inspection.

5. Contractor shall provide a stamped QC report and certification prior to requesting final inspection. Report shall document the work, inspections, corrective actions and approval of each assembly.

6. Contractor shall provide a signed final testing and certification report for all equipment, noting all corrections, and certifying the work/systems as complete, compliant, and fully functional.

END STATEMENT OF WORK

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Project 603-23-102 Replace Electrical Main Feeders and Switchgear. Design disciplines anticipated includes electrical, structural, and civil. Experience required in a 24/7 healthcare environment.

PRINCIPAL NAICS CODE: 238210 - Electrical Contractors and Other Wiring Installation Contractors PRODUCT/SERVICE CODE: Z1DA - Maintenance of Hospitals and Infirmaries

BID DEDUCT 1 - Bid deduct includes the removal of the maintenance and refurbishment of the cabinets/breakers that are not considered to be a priority under this work. The priority is determined by both the area served as well as lack of redundant power to the specified location.

PRINCIPAL NAICS CODE: 236220 - Commercial and Institutional Building Construction PRODUCT/SERVICE CODE: Y1DA - Construction of Hospitals and Infirmaries

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

36C24924R0080

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

Page 1 of

Page 1 of

This section describes the evaluation process, proposal preparation, the significant factors and sub-factors and criteria to be used in the evaluation process. This procurement action is a Lowest Price Technically Acceptable source selection process in accordance with FAR 15.101-2. Proposals will be evaluated for acceptability, but not ranked using the non-price factors/sub-factors. In order 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 Lowest Price Technically Acceptable (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 also be checked for an 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 have been met. Once these requirements have been satisfied, the Contracting Officer will select and submit for review to the Technical Evaluation Board (TEB) the technical proposal of the lowest priced offeror for consideration. 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 set forth 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 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 information is applicable to more than one evaluation factor, it must be repeated for each factor, unless stated otherwise.

Complete proposals (a. Technical & b. Price) are to be submitted via email to the Contract Specialist, Robert Glenn, to the address. Hard copy proposals don’t have to be submitted for this solicitation.

EMAIL: robert.glenn2@va.gov

FAR 52.209-7 Information regarding responsibility Matters (b) shall be marked. If not marked, the proposal is technically unacceptable and cannot be considered for award.

Technical and Price sections of an Offeror’s proposal will be evaluated independently. All pages containing text shall be consecutively numbered, type-written on 8-1/2x11 inch paper with margins of at least once inch and created using a Times New Roman 12-point font. The submitted proposals should contain two (2) sections, each section being one (1) attachment: 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 25 pages inclusive of the bid bonds required. The Offeror is hereby advised that the attached “Pricing Schedule” worksheet shall be considered as 20 pages, regardless of the overall total. Each section must therefore be labeled with the following:

1. Construction Company Name

2. Physical Address of the Company

3. Telephone Number

4. Email address

5. VA Project Number (Project 603-23-102)

6. VA Project Name (Replace Electrical Main Feeders and Switchgear)

7. Solicitation number (36C24924R0080)

The Technical Evaluation Board (TEB) shall evaluate the offeror’s proposal against all non-price factors/sub-factors using “ACCEPTABLE” or “UNACCEPTABLE” ratings based upon the standard of acceptability that follows each factor/sub-factor below. In order 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 technical approach. There will be no public opening of offers.

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

FACTOR 1 – Hospital/Healthcare Construction Management The offeror shall provide a narrative that describes the Offeror’s overall organization, organizational chart, as well as number of personnel and the duties of proposed technical staff to determine if 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 Prime Contractor shall provide demonstrated experience in new construction, renovation or the addition 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 $1,000,000.00. The subject project must have consisted of multiple trades to demonstrate the management and coordination of trades by the Prime Contractor.

Standard for Acceptability: The Prime Contractor shall provide project title, location, start and completion dates, contract price, along with a written narrative of the scope of work that clearly demonstrates new construction, renovation or the addition of a hospital/medical center and/or health care facility. Prime Contractor must show experience in performing this type of requirement for two (2) completed projects within the past five (5) years with a contract value equal to or greater than $1,000,000.00.

Sub-Factor 1b - Key Personnel: Provide the names of the Prime Contractor’s project manager and on-site superintendent, including name with title, years with prime contractor, and total work experience as it relates to the new construction, renovation or the addition 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, renovation or construction additions with a project magnitude equal to or greater than $1,000,000.00 or more over the past five (5) years.

Standard for Acceptability: Project manager and the on-site superintendent must have a minimum of five (5) or more years of experience managing new hospital construction, renovation and/or construction additions in a hospital or medical center environment.

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 project time was achieved; provide a Gantt chart of contract times broken into schedule of values by trade discipline and by General Wage Decision (formerly Davis-Bacon Act). Offeror must include identification of proposed personnel for project management, site superintendence, and quality control, including role in commissioning, safety during construction, and in-house trade capabilities.

Standard for Acceptability: Gantt chart achieving successful project completion in 240 calendar days, with all requirements met for contract. Technical narrative always demonstrates sound logic with minimal disruption to medical center operations.

Sub-Factor 2b-Change Order Management: Explain methods for identifying changes along with company procedures for managing changes, regardless of if unforeseen site conditions or owner-initiated changes. Methods and procedures for handling changes are to be based on your experience in hospital construction of a project of this magnitude and scope, involving multiple trades and the coordination of trades. Discuss any potential changes or unforeseen conditions that could result from this project along with how those would be handled both internally as a company and with the VA.

Standard for Acceptability: This factor will be considered acceptable if the information provided demonstrates adequate procedures for identifying and handling changes as stated above.

FACTOR 3 - Past Performance: Offeror shall list three (3) only prior clients for completed projects of new construction, renovation or new addition of hospital/healthcare facility, medical clinics where the projects dollar magnitude equal to or greater than $1,000,000.00 within the last five (5) years on the VA Past Performance questionnaire and ask the client to forward directly to the Contract Specialist via email at Robert.glenn2@va.gov no later than September 2, 2023, at 2:00 PM EST.

Standard for Acceptability: This factor is met when up to a minimum of three (3) past performance questionnaires with a rating of satisfactory or above that the offeror has worked with in the past five (5) years are received and are determined to be relevant to the subject procurement, and recent regarding the timeframe-within the past five (5) years. The past performance information to be evaluated includes, timeliness of delivery/performance, including adherence to contract schedules and timely submission or performance of submittals; the offeror’s ability to comply with the terms and conditions of the contract; the overall quality of the work performed on the contract; the offeror’s managerial performance; and whether the reference would enter into a contract with the offeror again.

NOTE: The past performance evaluation results is 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 pertain 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) other sources known to the Government.

Price: The offeror shall provide pricing for the stated offer item. The Government will evaluate offers for award purposes.

The price proposal must include the Pricing Schedule worksheet, the signed SF 1442, with acknowledgment of any amendments, plus the Offeror’s Bid Guarantee documents.

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:

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— 14 August 2024 at 11:00 AM EST

(c) Participants will meet at— Building T-20 Rm 115, Robely Rex VAMC, Louisville, KY (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):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Provision)

2.10 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)

2.11 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) 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 (FEB 2024)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $19 Million.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services—Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with…