36C25223R0026_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)

1. 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.

36C25223R0026 X 05-18-2023 578-23-2-6907-0002 578-23-2-6907-0003 578-17-027 36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 115 S 84th Street, Suite 101 Milwaukee WI 53214-1476 Great Lakes Acquisition Center (GLAC) Department of Veteran Affairs 115 S 84th Street, Suite 101 Milwaukee WI 53214-1476 Kluck, Kristi 414-844-4879 PROJECT 578-17-027: REPLACE STEAM PIPE - SOUTH LEG at the Edward Hines, Jr. VA Hospital in Hines, IL

Contractors shall provide for and furnish all labor, materials, equipment, qualified supervision, and other items designated in this contract in accordance with the specifications and drawi ngs to complete the project indicted All work shall be performed in accordance with all current NFPA, federal, state, and local authorities.

NAICS: 238220 - Plumbing, Heating and Air Con ditioning Small Business Size Standard of $19.5 million.

Project Magnitude: Between $10,000,000 and $20,000,000

This procurement is a 100% set-aside for Service-Disabled, Veteran-Owned Small Business (SDVOSB) firms under NAICS 238220. In accordance with VAAR 819.7006(b), at the time of submission of offers/quotes, and prior to award of any contracts the offeror must represent to the Contracting Officer that it currently has been verified by the U.S.

Small Business Administration (SBA) as a SDVOSB firm under the assigned NAICS. Ref: https://veterans.certify.sba.gov/

CONTRACTORS SHALL INCLUDE A COMPLETED ATTACHMENT H WITH THEIR OF

FER. LACK OF SUBMISSION WILL DISQUALIFY OFFER.

Additionally, all eligible firms must be registered and current in the System for Award Management (SAM) database in order to be evaluated and eligible for contract award. If the firm is not registered in SAM, you may register at www.SAM.gov.

See FAR 52.236-27 for site visit details. Two organized site visits are scheduled as outlined below:

1.) Thursday May 25, 2023 at 10:00 a.m. CST.

2.) Thursday, June 1, 2023 at 11:00 a.m. CST.

Attendees will meet in Building 2, Conference Room 126.

NOTICE: VA and/or a third party (support contractor) will require access to VA contractor records to assess contract compliance with the limitations on subcontracting requirements in cluded in VAAR 852.219-75 LIMITATIONS ON

SUBCONTRACTING AND COMPLIANCE.

If submitting as a joint-venture, offerors must include a copy of the joint-venture agreement.

All offerors are responsible for monitoring and downloading all amendments from Contract Opportunities at the following at www.SAM.gov.

All questions regarding this solicitation shall be sent to Kristi.Kluck3@va.gov AND Anne.Vossler@va.gov. The deadline for que stions is June 9, 2023.

X 52.211-10 X 23:45

CDT

06-22-2023 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 offe rs 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 s ign this document.)

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

SEE ATTACHED "CLIN"

BREAKDOWN REQUIREMENT AND LUMP SUM TOTAL

36C252 Department of Veterans Affairs Great Lakes Acquisition Center

(GLAC)

115 S 84th Street, Suite 101 Milwaukee WI 53214-1476 Department of Veterans Affairs Financial Services Center PO Box 149971 Austin TX 78714-9971 877-353-9791 512-460-5540 X

CLIN Items 1, 2, 3, 4 and 5: Lump Sum Total:

OFFER SCHEDULE

Price Range Between $10,000,000 - $20,000,000

Contractor shall furnish all labor, materials, equipment, and supervision in accordance with contract documents, scope of work, drawings, and specifications to provide for Project 578-17-057 Replace Steam Line – South Leg at the Edward Hines, Jr. VA Hospital in Hines, IL

NET TOTAL (CLINs 0001 – 0005) $______________________ LUMP SUM

Table of Contents

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

(1) This solicitation & all associated offer documents are available to interested parties in electronic file format from www.SAM.gov. No hard copy documents will be provided by the government.

(2) 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 $4,000,000, 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 differ

(3) The offer to whom a contract is awarded will be required to furnish a Payment Bond, on form SF 25A, and a Performance Bond, on form SF 25. Each bond shall be issued for a penal sum equal to the value of the awarded contract. Copies of forms SF 25 and 25A may be obtained from the Contracting Officer upon request.

DESCRIPTION OF WORK:

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 CONTRACTING OFFICER’S SPECIAL INFORMATION AS FOLLOWS:

Requests for information or clarifications to solicitation documents shall be submitted to the contracting officer Kristi.Kluck3@va.gov no later than fourteen (14) calendar days prior to the solicitation closing date as shown in Block 13 of the Standard Form 1442.

After compiling all required information, submit the information in accordance with the "Offer Due Date" in Block 13 of the SF 1442. Return the original and specified number of copies to the issuing office listed in Block 8 of the SF 1442.

INQUIRIES:

Inquiries and all correspondence concerning this solicitation document should be submitted in writing to the Contracting Officer/Contract Specialist. YOU ARE INSTRUCTED SPECIFICALLY TO CONTACT ONLY THE CONTRACT SPECIALIST ISSUING THE SOLICITATION ABOUT ANY ASPECT OF THIS REQUIREMENT PRIOR TO CONTRACT AWARD.

CONTRACTOR'S SIGNATURE:

In accordance with Federal Acquisition Regulations Part 4, contractual documents (e.g. offer, proposals, awards, modifications, etc.) shall be completed and signed by the Contractor as follows:

(a) Individuals. Signed by the individual.

(b) Individual doing business as a firm. Signed by that individual, and the signature shall be followed by the individual's typed, stamped, or printed name and the words, "an individual doing business as __________________ (insert name of firm)".

(c) Partnership. Signed in the partnership name. Prior to award, provide list of all partners and designate which partners have authority to bind the partnership.

(d) Corporations. Signed in the corporate name followed by the word "by" and the signature, and title of the person authorized to sign. Prior to award, provide list of individuals who have authority to bind the corporation.

(e) Joint Ventures. Signed by each participant in the joint venture in the manner prescribed in (a) through (d) above.

(f) Agents. When an agent is to sign the contract, other than as stated in paragraph (a) through (e) above, the agent's authorization to bind the principal must be established by evidence satisfactory to the contracting officer.

(End of Provision)

36C25223R0026

2.2 SOLICITATION INSTRUCTIONS AND EVALUATION FACTORS

Project 578-17-027 Replace Steam Pipe – South Leg

This is a Request for Proposal (RFP) in accordance with FAR Part 15 Contracting by Negotiation and FAR 36.214 Special Procedures for Price Negotiations in Construction Contracting. The Government intends to award a contract resulting from this solicitation to the responsible offeror whose proposal represents the best value to the Government based on lowest price, technically acceptable source selection procedures.

A contract will only be awarded to a firm who is deemed responsible in accordance with FAR Part 9.

The Government reserves the right to award without discussions based upon the initial evaluation of the proposals, but reserves the right to open discussions, if determined necessary. All proposals shall be subject to evaluation by a team of Government personnel. The proposals will be evaluated in accordance with the content provided in the solicitation.

i. PART 1 – Experience in Similar Type of Work

(1) Subfactor A: High-Pressure Steam Distribution Construction Experience - This factor will be used to assess an offeror’s experience in constructing high-pressure steam distribution systems in a healthcare environment.

(i) Offeror shall have a minimum of five (5) years’ experience performing commercial high-pressure steam distribution construction in a healthcare environment and must provide example projects of comparable size and scope within the last five (5) years.

(ii) Offeror shall have a minimum of one (1) steam construction project during the last five (5) that was greater than $1 million in scope.

(iii) It is possible that a single project could qualify for both the high-pressure steam distribution work and the greater than $1 million in steam construction requirement.

(2) Subfactor B: Excavation Experience - This factor will be used to assess an offeror’s experience in performing commercial excavation work amongst active critical utilities.

(i) Offeror shall have a minimum of five (5) years’ experience performing commercial excavation around active utilities and must provide one (1) example of a successful project of comparable size and scope within the last five (5) years.

(ii) Offeror must also be capable of hydro-vac excavation and provide one (1) example of a successful project within the last five (5) years.

(iii) Offeror shall have a minimum of one (1) excavation project during the last five (5) years that was greater than $1 million in scope.

(iv) It is possible that a single project could qualify for the requirement for commercial excavation around active utilities, hydro-vac excavation, and the greater than $1 million in excavation construction requirement.

(3) Subfactor C: Specific Project-related Experience - This factor will be used to assess an offeror’s experience with underground concrete steam vaults, concrete steam box conduits, steam pipe racks, high-pressure steam pipe systems, masonry work, electrical work, and controls and automation systems.

(i) Offeror shall have a minimum of five (5) years’ experience installing underground concrete steam vaults and concrete steam box conduit systems and must provide an example project of comparable size and scope within the last five (5) years.

(ii) Offeror shall have a minimum of one (1) project during the last five (5) years that involved installing underground high-pressure steam pipe systems of comparable size and scope.

(iii) Offeror shall have a minimum of five (5) years’ experience with masonry construction and must provide an example project of comparable size and scope or greater within the last five (5) years.

(iv) Offeror shall have a minimum of five (5) years’ experience performing electrical work in a healthcare environment including underground electrical duct-bank construction, 480 VAC wiring, switchgear, panelboards, pump controls, electrical equipment installation, and BAS controls, and must provide an example project of comparable size and scope within the last five (5) years.

(v) Offeror shall have a minimum of one (1) project during the last five (5) years for this subfactor that was greater than $1 million in scope.

(vi) It is possible that a single project could qualify for the requirement for underground high pressure steam systems, steam systems on pipe racks, masonry construction, electrical work, and controls and automation systems, and the greater than $1 million in construction requirement.

ii. PART 2 – Past Performance

(1) Offeror shall have no negative findings in the CPARS-FAPIIS database during the last five (5) years.

(2) Offeror shall have no CPARS evaluations whereby the contracting officer would NOT recommend them for similar requirements due to the offer’s ability to perform in accordance with the contract’s most significant requirements database during the last five (5) years.

iii. PART 3 – Administrative Supporting Requirements

(1) Provides SF1442, signed and dated.

(2) Acknowledges all amendments.

(3) Provides acceptable offer guarantee bond.

(4) Provides required Representations and Certifications

i. FAR 52.204-8 DEV: Annual Representations and Certifications (Solicitation, Part 3).

ii. FAR 52.204-24: Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Solicitation, Part 3)

iii. FAR 52.209-7: Information Regarding Responsibility Matters (Solicitation, Part 3).

iv. VAAR 852.219-75 Certification Requirement (Solicitation attachment).

(5) Provides Contractor Information (Solicitation attachment).

(6) Provides Contractor EMR Safety Information (Solicitation attachment).

(7) Provides Financial Disclosure (Solicitation attachment).

(8) Provides proposal breakdown for each of the five CLIN items with a detailed labor, material and equipment cost breakdown (Quantity x Unit Rate) for major specification sections of work to provide a meaningful basis for Government analysis and evaluation. Overhead and profit should not be separate line items rather appropriately distributed within the five CLIN items. Breakdown sections listed below:

(i) Division 0 – General Requirements

(a) Project Management (HRS)

(b) Site Supervision (HRS)

(c) Site Quality Control (HRS)

(d) Site Safety Manager (HRS)

(e) Bonds (LSUM)

(f) Insurance (LSUM)

(g) Submittals (HRS)

(h) Site Mobilization, Security and Safety (LSUM)

(i) Site Demobilization and Restoration (LSUM)

(j) Small tools, toilets, safety and safety controls (LSUM)

(ii) Division 2 – Existing Conditions

(a) Site Surveys (LSUM)

(b) Demolition (LSUM)

(iii) Division 3 – Concrete

(a) Cast-in Place Concrete (CY)

(iv) Division 4 – Masonry

(a) Masonry Mortaring, Grouting, Unit Masonry (SF)

(b) Cast Stone Masonry (LF)

(v) Division 5 – Metals

(a) Structural Steel Framing (ton – weight)

(b) Cold-Formed Metal Framing (LF)

(c) Metal Fabrications (SF)

(vi) Division 6 – Thermal and Moisture Protection

(a) Thermoplastic Core Waterproofing (SF)

(b) Roofing and Siding Panels (SF)

(c) Asphalt Roofing (SF)

(vii) Division 9 – Finishes

(a) Gypsum Board (SF)

(b) Painting (SF)

(viii) Division 22 – Plumbing

(a) Underground Steam Piping (Diameter LF)

(b) Underground Condensate Piping (LF)

(c) Underground Pipe Insulation (LF)

(d) Above-Ground Steam Piping (LF)

(e) Above-Ground Condensate Piping (LF)

(f) Above-Ground Pipe Insulation (LF)

(g) Sump Pump Systems (per vault)

(ix) Division 23 – HVAC –

(a) BAS programming (man-hours)

(x) Division 26 – Electrical

(a) Underground Cable and Conduit (LF)

i. Wire size,

ii. Conduit size

(b) Electrical & Controls for Vaults (per vault)

(xii) Division 27 – Communications (include w/ electrical)

(xiii) Division 31 – Earthwork

(a) Excavation (CY)

(b) Backfill – Stone (CY)

(c) Backfill – Spoils (CY)

(d) Flowable Fill (CY)

(xiv) Division 32 Exterior Improvements

(a) Cement and Concrete for Exterior Improvements / Sidewalks (SF)

(b) Asphalt Paving (SF)

(c) Pavement Markings (LF)

(d) Chain Link Fencing and Gates (LF)

(e) Planting / grass (SF)

(xv) Division 33 – Utilities

(a) Water Utilities (LF)

(b) Sanitary Sewer Utilities (LF

(c) Storm Sewer Utilities (LF)

(9) Provide list of work with intended performance by SBA Service-Disabled, Veteran-Owned Small Businesses and work intended to be completed by businesses other than non-certified SBA Service-Disabled, Veteran-Owned Small Businesses.

(10) Simplified preliminary schedule demonstrating activities including to Notice to Proceed, submittals, material leads, divisional trade work installation, inspections, corrections of punch-list items and VA administrative closeout. All contract requirements up to the final invoices are a part of the 730 calendar-day period of performance.

2.3 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)

2.4 52.215-5 FACSIMILE PROPOSALS (OCT 1997)

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

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

(c) The telephone number of receiving facsimile equipment is: (email only) Kristi.Kluck3@va.gov.

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

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

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

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

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

(End of Provision)

2.5 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)

2.6 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)

2.7 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 City of Hines Cook County State of Illinois (End of Provision)

2.8 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)

2.9 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 $4,000,000, 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)

2.10 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)

2.11 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:

Kristi Kluck

Hand-Carried Address:

Department of Veteran Affairs

GLAC (36C252)

115 South 84th Street, Suite 101 Milwaukee WI 53214-1476

Mailing Address:

Department of Veterans Affairs

GLAC (36C252)

115 South 84th Street, Suite 101 Milwaukee WI 53214-1476

(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)

2.12 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— See page 1.

(c) Participants will meet at— See page 1.

(End of Provision)

2.13 52.236-28 PREPARATION OF PROPOSALS—CONSTRUCTION (OCT 1997)

(a) Proposals must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a proposal must initial each erasure or change appearing on any proposal form.

(b) The proposal form may require offerors to submit proposed prices for one or more items on various bases, including—

(1) Lump sum price;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of paragraphs (b)(1) through (b)(3) of this provision.

(c) If the solicitation requires submission of a proposal on all items, failure to do so may result in the proposal being rejected without further consideration. If a proposal on all items is not required, offerors should insert the words "no proposal'' in the space provided for any item on which no price is submitted.

(d) Alternate proposals will not be considered unless this solicitation authorizes their submission.

(End of Provision)

2.14 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)

2.15 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)

2.16 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 (MAR 2023)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238220.

(2) The small business size standard is $19.0 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 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.