36C25023B0012_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.

EMAIL ADDRESS

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

EMAI

L:

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.

of 6 36C25023B0012 X 01-30-2023 552-23-2-6932-0003 552-22-203 36C250 Department of Veterans Affairs Network Contracting Office (NCO) 10 3140 Governor’s Place Blvd. Suite 210 Kettering OH 45409-1337

Matthew Curtis matthew.curtis1@va.gov PROJECT 552-22-203 REPAIR SIDEWALKS, MANHOLE, and PAVING

The Contractor shall furnish all labor, materials, and equipment to remove and replace concrete sidewalks, drive aprons, asphalt pavement, concrete pavement, and pavement marking. Work to be performed at the Dayton Veterans Affairs Medical Center, located at 4100 West Third Street, Dayton, OH 45428.

Period of performance for this project is 120 calendar days after receipt of Notice to Proceed (NTP).

All work shall be conducted in accordance with the Statement of Work (SOW) and Terms of the Contract.

All work shall be coordinated with the Contracting Officer (CO) and the Contracting Officer's Representative (COR).

The project magnitude is between $500,000 and $1,000,000.

The NAICS Code for this project is 238990. The Business Size Standard is $15 Million.

This is a 100% set aside to Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns. Bidders must be verified in the VIP database (https://vetbiz.va.gov/vip/) at the time of bid submission in order to be considered for award. An award will only be made to an eligible SDVOSB firm listed in the VIP database at the time of award.

A one-time site visit will be conducted on February 9, at 10:00 A.M. (ET). See FAR 52.236-27 for details.

SITE VISIT INSTRUCTIONS: Face masks are required and shall be worn throughout all buildings of the Dayton VA Campus.

Contractors are asked to bring their own procedural mask, or one will be provided for you. No cloth masks or gaiters.

Health screening may or may not be required. No additional site visits will be scheduled. Although not mandatory, attendance is highly encouraged.

Cut-off date and time to submit electronic Request for Information (RFIs) is 4:00 P.M. (

ET

) on February 16, 2023.

Submit all RFIs to matthew.curtis1 @va.gov. No telephonic RFIs will be entertained/responded to. Responses to the RFIs will be made via an amendment and posted on SAM.gov.

Bid Opening will be held at Network Contracting Office 10, 3140 Governor's Place Blvd., Kettering, OH 45409.

On Page 2 of the SF1442, insert the Cage Code Number and fill in the Bid Prices in the appropriate blocks.

NOTE: All Bidders are required to complete the Certification in VAAR 852.219-7 5.

Failure to comp l ete the certification shall deem the proposal to be non-responsive and the proposal will not be considered.

X X

FAR 52.211-10

X

10:00AM

ET

03-01-2023 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

Bid Item #1 (Base Bid): ___________________ Bid Alternate (Deduct 1): ___________________

CAGE: _______________________________

Unique Entity ID

(UID)

36C250 Department of Veterans Affairs Network Contracting Office (NCO) 10 3140 Governor's Place Blvd. Suite 210 Kettering OH 45409-1337 Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 Myron Carson Contracting Officer

Table of Contents

STATEMENT OF WORK

PROJECT 552-22-203: REPAIR SIDEWALKS, MANHOLE, PAVING

DAYTON VETERANS’ AFFAIRS MEDICAL CENTER

4100 WEST THIRD STREET

DAYTON, OHIO 45428

1. General

1.1. Contractor shall provide complete services to remove and replace concrete sidewalks, drive aprons, asphalt pavement, concrete pavement, and pavement marking. Work to be performed at the Dayton Veterans Affairs Medical Center, located at 4100 West Third Street, Dayton, OH 45428.

2. Scope

2.1. All work shall comply with State of Ohio Department of Transportation (ODOT) Construction and Material Specifications, latest edition. All removed spoils to be removed off site. Contractor shall conform to road, sidewalk, and curb and gutter details outlined in the VA Technical Information Library, unless otherwise specified herein. The standard working week is defined as Monday-Friday, 7:30am-5:30pm; work shall be accomplished during this timeframe unless otherwise identified. Some work may be required to be performed during evenings and weekends and will need to be coordinated with the COR. The contractor shall have 120 calendar days to complete this project.

2.2. Disturbed grounds: Grade all disturbed areas adjacent to new work with topsoil and hydro-seed. Contractor shall water grass until the preponderance is 3” high, with no bare spots.

2.3. Concrete Work: Minimum 4000psi strength, quick set.

2.3.1. Existing Sidewalk: Remove existing deteriorated nominal 4”-6” thick concrete sidewalk. Remove existing joint material between curb-to-remain and demolished sidewalk. Compact the existing subgrade material with vibrating plate compactor. Install new 6” thick concrete sidewalk, to include 6”x6” welded wire fabric (WWF) reinforcement. WWF shall be placed in the upper third to upper half of sidewalk thickness. If subgrade material is unsatisfactory, contractor shall coordinate with COR; subsequently, remove existing unsatisfactory material and provide and compact new 6” crushed rock subgrade. Sidewalk slabs to match existing in size and finish, with all control joints to be saw cut. Tool joints/edges same as adjacent existing sidewalk areas. Fill joints between any existing adjacent concrete and new sidewalk with backer rod and top with low-viscosity joint sealer. Apply curing compound and concrete per manufacturer instructions.

2.3.2. Existing Apron: Remove existing deteriorated nominal 6”-8” thick concrete apron. Compact the existing subgrade material with vibrating plate compactor. Install new 8” thick concrete apron, to include 6”x6” welded wire fabric (WWF) reinforcement. WWF shall be placed in the upper third to upper half of apron thickness. If subgrade material is unsatisfactory, contractor shall coordinate with COR; subsequently, remove existing unsatisfactory material and provide and compact new 6” crushed rock subgrade. Apron slabs to match existing in size and finish, with all control joints to be saw cut. Fill joints between any existing adjacent concrete and new apron with backer rod and top with low-viscosity joint sealer. Apply curing compound and concrete per manufacturer instructions.

2.3.3. Handicap access ramps: Shall remain passable by wheelchairs (When ramp work interfaces with the road pavement, the finished area will allow passage of a wheelchair without excessive ridges, dips, or bumps that will interfere with wheelchair movement and the COR has determined the work is acceptable). This applies to ramp work completed before the associated road is paved and fully completed ramp work. Curb ramps shall be non-slip tactile style and dyed brick color to match existing.

2.4. Asphalt Paving: 2” of ODOT Item #448 Type 1 surface asphalt.

2.4.1. Roads: Contractor shall control one side of a road at a time and will provide traffic control personnel to manage traffic flow.

2.4.2. Tack Coat Item #407: Apply at a minimum rate of 0.075 gal/sq yd.

2.4.3. Rolling: Roll paving until the surface is hard, smooth, unyielding, and true to 2” thickness. Roll in at least two directions until no roller marks are visible. Leave no depressions which will retain standing water.

2.4.4. Crack Sealing: Use a single component, hot-applied, rubberized asphalt crack, and joint sealant. Before applying the hot sealant, clean cracks per manufacturer’s recommendation to remove dust, dirt, moisture, vegetation, and other foreign material. Keep the cracks clean and dry until all sealing operations are completed. For cracks greater than 3/4” deep, fill with sand to within 1/2" of the surface prior to sealant placement.

2.4.5. Surface Coat: Use a coal tar emulsion sealer or similar commercial product. Apply only to existing pavement. Apply two coats if recommended by manufacturer. Crack sealing to be accomplished prior to any surface coat requirements.

2.5. Pavement Marking

2.5.1. Install the international symbol of accessibility/wheelchair emblem at each parking space designated as handicapped or disability parking. Each symbol shall have blue background, with border and wheelchair emblem in white. All symbols shall be sized to match existing and/or as appropriate for the application.

2.5.2. Repaint road lines and parking lots to comply with ODOT-approved traffic paint.

2.5.3. Install symbols (arrows, stop bars, crosswalks, lines, etc.…) for purpose of guiding, warning, or regulating traffic. Symbols shall be sized to match existing (approximately 4 feet). This applies to any existing symbols removed during repaving processes.

2.6. Traffic control: Contractor shall be responsible for the safety of the job site, to include traffic control. Contractor shall provide a minimum of five working days notification prior to any work that will close a lane of traffic or a parking lot for a period of at least four hours. The contractor shall provide work area specific signage, traffic cones, traffic barricades, and traffic control personnel as discussed during the pre-work site visit.

3. Quality Control

3.1. The contractor shall submit and maintain a quality assurance/quality control (QA/QC) plan which meets Federal Acquisition Regulation “Inspection of Constructions” requirements.

3.2. Contractor shall only use wet saws when saw cutting concrete or asphalt. Contractor shall notify COR three business days in advance of any saw cutting activity to allow time for relocation of vehicles in and around the scheduled area of work.

3.3. Contractor shall remove all waste/demolished material from the DVAMC. COR shall identify a location for cement truck wash-out.

3.4. Environmental Protection: Contractor shall assist the VA with completion of a National Environmental Policy Act (NEPA) assessment as required by the Dayton VAMC. If the NEPA assessment results in potential environmental impacts, the Contractor shall be responsible for completing any auxiliary documentation required per PG-18-17 NEPA Interim Guidance for Projects located on the TIL (http://www.cfm.va.gov/til/etc/NEPAGuidance.pdf). Additional requirements may include, but are not limited to, Environmental Assessment, Environmental Impact Statement, and Record of Decision. The NEPA analysis and concluding documentation must be completed by the Final Bid Documents submittal. Site Work: The contractor shall produce a project specific Storm Water Pollution Prevention Plan (SWPPP) as part of the contract document package. The contract documents shall require the construction contractor to acquire the required EPA permit and file the Notice of Termination at the completion of the project. The SWPPP included in the contract documents shall be utilized by the construction contractor to acquire the required EPA permit.

4. Submittals

4.1. The Contractor shall provide submittals for review and approval by the COR for all materials to be used.

4.2. Pricing shall be submitted in units as identified below.

4.3. The Government reserves the right to reject any submissions that do not conform as indicated above.

5. Priorities (Base Bid)

5.1. Repair and replace three (3) sections of Massachusetts Ave. Asphalt will be removed, underlayers shall be corrected, filled in, and tamped, then replace new asphalt and stripping in the 3 sections. COR will verify direct locations, contractor to verify field measurements.

5.2. Remove and repair concrete at B330 loading dock area. All locations and measurements shall be field verified by the contractor with the COR. This priority shall be completed in two (2) phases to insure mobility of delivery trucks throughout the business day. Concrete strength, depth, and rebar mats to match existing in the dock area.

5.3. Remove and replace existing concrete sidewalk along Maine Ave. New sidewalk will match existing curb. COR to verify end location with contractor on sidewalk replacement.

5.4. Backfill, and finish sidewalk at CLC. Contractor will also add one (1) ADA tactile mat at the end of sidewalk. Contractor will replace and reform concrete curbing for wheelchair access. Contractor must control existing slope of sidewalk to meet ADA standards for slope on finished sidewalk.

5.5. Install new sidewalk on West side of B302. Sidewalk will connect to rear sidewalk, and front patio. COR to verify exact location, contractor to field verify measurements. Sidewalk to be installed according to para. 2.3.

5.6. Remove and replace approximately 135’ of curb and gutter at Rhode Island Ave. COR to verify exact location, contractor to field verify all measurements. New curb and gutter will match existing shape and elevation.

5.7. Replace concrete ring on catch basin on Michigan Ave. COR will verify catch basin. Existing catch basin cover will be reused.

5.8. Remove and replace steps and handrail at B127 North side. Steps to be replaced. Deck to be removed and replaced. Upon removal of concrete deck, underneath area is to be backfilled with gravel. There is an existing dead drain line that will be threaded and capped. Opening in wall of steps is to be filled in with concrete. Also install new continuous handrail that matches handrail at B320.

5.9. Remove and replace loading dock ramp at B127. Handrail is also to be replaced with continuous handrail that matches B320. The new continuous handrail will also copy existing handrail in that intermediate pieces shall be removable for loading/ unloading.

6. Bid Alternate Deduct 1:

6.1. All priorities excluding para 5.9 Remove and Replace loading dock ramp at B127.

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

(a) Bidding materials consisting of drawings and specifications and contract forms may be obtained by qualified General (Prime) Contractors interested in submitting bids direct to the Department of Veterans Affairs directly from the website at sam.gov.

(b) A bid guarantee is required in an amount not less than 20 percent of the bid price but shall not exceed $3,000,000.00. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for opening of bids, will require rejection of the bid in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then.

(c) If the contract will exceed $150,000.00 (see FAR 28.102-1 for lesser amount), the bidder to whom award is made will be required to furnish two bonds, a Payment Bond, SF 25A, and a Performance Bond, SF 25, each in the penal sum as noted in the General Conditions of the Specification. Copies of SFs 25 and 25A may be obtained upon application to the issuing office.

Project magnitude: Between $500,000 and $1,000,000

In Block 18 of the Purchase Order (1449), it states that you will be paid by:

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 https://www.fsc.va.gov/einvoice.asp

Vendor Electronic Invoice Submission Methods

1. VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission.

Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

2. A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI).

The X12 EDI Web site: http://www.x12.org

After you have submitted your invoice to the above - you may inquire status by:

Vendor Inquiry System (VIS) (VIS helpdesk: 1-877-353-9791) was designed to help our vendors identify previous, current, and future payments. Vendors can inquire on the status of payments by accessing VIS at https://www.vis.fsc.va.gov/login.aspx?ReturnUrl=%2fDefault.aspx.

Points of contact Tungsten:

· Tungsten e-Invoice Setup Information: 1-877-489-6135

· Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com VA Financial Services Center:

· FSC e-Invoice Contact Information: 1-877-353-9791

· FSC e-invoice email: vafsccshd@va.gov

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 FAR 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 FAR 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 FAR 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 State of Ohio County of Montgomery City of Dayton (End of Provision)

2.4 FAR 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 FAR 52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of Provision)

2.6 FAR 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 FAR 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:

Matthew Curtis Contract Specialist

Hand-Carried Address:

Department of Veterans Affairs Network Contracting Office (NCO) 10 3140 Governor's Place Blvd. Ste 210 Kettering OH 45409

Mailing Address:

Department of Veterans Affairs Network Contracting Office (NCO) 10 3140 Governor's Place Blvd. Ste 210 Kettering OH 45409

(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 FAR 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— February 9, 2023 at 10:00AM (Local)

(c) Participants will meet at— Dayton VA Medical Center Engineering, Building 128 4100 West Third Street Dayton, OH 45428

(End of Provision)

2.9 FAR 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)

2.10 VAAR 852.209-70 ORGANIZATIONAL CONFLICTS OF INTEREST (OCT 2020)

(a) It is in the best interest of the Government to avoid situations which might create an organizational conflict of interest or where the Offeror’s performance of work under the contract may provide the Contractor with an unfair competitive advantage. The term ‘‘organizational conflict of interest’’ means that because of other activities or relationships with other persons, a person is unable to render impartial assistance or advice to the Government, or the person’s objectivity in performing the contract work is or might be otherwise impaired, or the person has an unfair competitive advantage.

(b) The Offeror shall provide a statement with its offer which describes, in a concise manner, all relevant facts concerning any past, present, or currently planned interest (financial, contractual, organizational, or otherwise) or actual or potential organizational conflicts of interest relating to the services to be provided under this solicitation. The Offeror shall also provide statements with its offer containing the same information for any consultants and subcontractors identified in its proposal and which will provide services under the solicitation. The Offeror may also provide relevant facts that show how its organizational and/or management system or other actions would avoid or mitigate any actual or potential organizational conflicts of interest.

(c) Based on this information and any other information solicited or obtained by the Contracting Officer, the Contracting Officer may determine that an organizational conflict of interest exists which would warrant disqualifying the Contractor for award of the contract unless the organizational conflict of interest can be mitigated to the Contracting Officer’s satisfaction by negotiating terms and conditions of the contract to that effect. If the conflict of interest cannot be mitigated and if the Contracting Officer finds that it is in the best interest of the United States to award the contract, the Contracting Officer shall request a waiver in accordance with FAR 9.503.

(d) Nondisclosure or misrepresentation of actual or potential organizational conflicts of interest at the time of the offer or arising as a result of a modification to the contract, may result in the termination of the contract at no expense to the Government.

(End of Provision)

2.11 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)

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 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008) The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the Web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer.

[Contracting officer shall list all FAR and 48 CFR Chapter 8 (VAAR) provisions and clauses incorporated by reference that must be completed by the offeror or prospective contractor and submitted with the quotation or offer.] (End of Provision)

REPRESENTATIONS AND CERTIFICATIONS

3.1 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2022) (JUL 2020) (DEVIATION) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238990.

(2) The small business size standard is $15 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 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 19.000(b)(1)(ii).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and 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 19.000(b)(1)(ii).

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates II and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.

(C) If the acquisition value is $92,319 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[X](i) 52.204-17, Ownership or Control of Offeror.

[X](ii) 52.204-20, Predecessor of Offeror.

[](iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

[](iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Certification.

[](v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Certification.

[](vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products…