S02 36C25520R0115_2.docx

1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

Prescribed by GSA-FAR (48 CFR) 52.236-1(d)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SEALED BID (IFB)

NEGOTIATED (RFP)

11. The Contractor shall begin performance within ____________ calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See _____________________________).

YES

NO

a.

Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

b.

An offer guarantee is, is not required.

c.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d.

Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

36C25520R0115

X

589-701 00255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street

Leavenworth KS 66048-5012 Department of Veteran Affairs Network Contracting Office (NCO) 15

3450 S 4th Street Leavenworth KS 66048-5012

JACKSON, SEAN

913-946-1126 The Department of Veteran Affairs, NCO 15, intends to award a construction contract for project 589-701 Construct and Renovate Med/Surg Beds for Patient Privacy - B1 & B1C located at the Robert J.Dole VA Medical Center, 5500 East Kellogg Ave, Wichita, KS. This project is being solicited as a Service Disabled Veteran Owned Small Business (SDVOSB) set-aside.

Proposals received in response to this solicitation will be evaluated in accordance with procedures outlined in the the Federal Acquisition Regulation (FAR) Part 15.101-2 Best Value Lowest Price Technically Acceptable (LPTA) source selection process. Those offerors not providing the documentation outlined in the "instructions to Offerors" will be deemed unacceptable to the terms of the solicitation.

The NAICS code and size standard for this project are: NAICS 236220 - General Construction with a size standard of $36.5 Million. Estimate of construction magnitude for this project is between $5,000,000 and $10,000,000.

There will be one site visit for this project. The site visit is scheduled for November 17, 2020 at 9:00 A.M. CDT in Bldg 10 at the Wichita VA, 5500 E. Kellogg Ave. All questions pertaining to this project are due by November 20, 2020 at 2:00 P.M. CDT. Questions shall be emailed by SDVOSB bidders to sean.jackson@va.gov and Jennifer.sotomayor@va.gov. All others shall be rejected.

Provide Contractor Duns Number: __________________________ Contractors working on this project are exempt from state sales tax, and a project exemption certificate will be issued upon award of this contract.

Note: The term Offer and Bid are interchangeable within this solicitation.

**PHYSICAL COPIES OF PROPOSALS WILL NOT BE ACCCEPTED FOR THIS SOLICITATION.

ORIGINAL BID BONDS MUST BE POSTMARKED PRIOR TO THE SOLICITATION CLOSING AT:

ATTN: SEAN JACKSON, 3450 S. 4th STREET, LEAVENWORTH, KANSAS 66048.

HAND DELIVERED BID BONDS AND SOLICITATION RESPONSES SHALL NOT BE ACCEPTED

The Government intends to make a single award on the Base Bid (Bid Item I) but reserves the right to award on any bid item.

All contractors and joint ventures shall be verified in VetBiz and registered in SAM at the time of proposal due date, in order to be eligible for award.

NOTICE: Clause 52.222-37 Employment Reports on Disabled Veterans and Veterans is incorporated by reference in this solicitation. Public Law (P.L. 105-339), Section 1354 provides that no agency may ente into a contract with a contractor who has not filed a VETS 4212 report for the preceding fiscal year under Title 38 Section 4212 (d).

Failure to file a VETS 4212 report for the preceding year shall be reason to reject the proposal.

** PERIOD OF PERFORMANCE WILL VARY DEPENDING ON BID ITEMS AWARDED. See bid items page 3 or specifications 01 00 00 for periods of performance for respective bid items.

730**

X X

52.211-10 X

10 Calendar days Zero

2PM

CST

12-1-2020

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

FILL IN PRICING FOR BID ITEMS ON PAGE 3.

00255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street

Leavenworth KS 66048

00255 Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp

Austin TX 877-353-9791 512-460-5429

BID ITEMS

(Bid Item Descriptions can also be found in the 10 00 00 Specification)

A. BASE BID: Work includes general construction, alterations, roads, walks, grading, drainage, structure, mechanical & electrical systems, architectural finishes, necessary removal of existing structures and construction and certain other items. The period of performance for Base Bid is 730 days.

Price for BASE BID $______________

B. ALTERNATE NO. 1: All work in Base Bid with the following exception:

Change façade of new expansion from brick to metal panel. The basis of design for the metal panel is the Berridge FW-12 Panel, 22 gauge, Dark Bronze. Use the manufacturer’s typical details and construction. The period of performance of Alternate No. 1 is 723 days.

Price for ALTERNATE NO. 1 $______________

C. ALTERNATE NO. 2: All work in Alternate No. 1 with the following exception: Do not replace the air handler serving the existing 3rd Floor East Wing. Test and balance the existing unit. The period of performance for Alternate No. 2 is 716 days.

Price for ALTERNATE NO. 2 $______________

D. ALTERNATE NO. 3: All work in Alternate No. 2 with the following exception: For the 3rd Floor of B1C, fully build out rooms C306, C307, C309 and C310. The remainder of the interior space to be finished with carpet tile and paint with small power poles for electric and data. The HVAC to be reduced to 3 zones in this space. Fully build out the 2nd Floor. The period of performance for Alternate No. 3 is 686 days.

Price for ALTERNATE NO. 3 $______________

E. ALTERNATE NO. 4: All work in Alternate No. 3 with the following exception: For the 3rd Floor of B1C, fully build out rooms C306, C307, C309 and C310. For the 2nd Floor of B1C, fully build out rooms C207 and C208. The remainder of the interior spaces to be finished with carpet tile and paint with small power poles for electric and data. The HVAC to be reduced to 3 zones in each space. The period of performance for Alternate No. 4 is 656 days.

Price for ALTERNATE NO. 4 $______________

Table of Contents

PROPOSAL SUBMITTAL INSTRUCTIONS

SOLICITATION: 36C25520R0015

PROJECT: Construct and Renovate Med/Surg Beds for Patient Privacy, B1 and B1C, 589-701 LOCATION: Department of Veteran Affairs, Wichita, Kansas VAMC

1. PREPARATION AND SUBMITTAL OF PROPOSALS

a. GENERAL INFORMATION.

Selection of an offeror for contract award will be made on the basis of an assessment of each offeror’s response to the Request for Proposal (RFP). As a Request for Proposals (RFP) based on Lowest Price Technically Acceptable (LPTA) Source Selection Process, in accordance with Federal Acquisition Regulation (FAR) Part 15.101-2, the VA will make the award based on the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors.

NOTE: Failure to comply with the RFP requirements will be grounds to eliminate the proposal from further consideration for contract award.

b. THE OFFER.

The submission of the documentation specified below will constitute the Offeror’s acceptance of the terms and conditions of the RFP, including the Plans & Specifications for the construction of this project. These instructions prescribe the format for the proposal, and describe the approach for the development and presentation of proposal data. These instructions are designed to ensure the submission of necessary information to provide for the understanding and comprehensive evaluation of proposals.

c. AWARD BASED ON INITIAL OFFERS.

Pursuant to clause 52.215-1 (included by reference), the Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price, and technical qualifications standpoint. The VA reserves the right to conduct discussions if the Contracting Officer later determines such discussions to be necessary.

d. NUMBER OF COPIES TO SUBMIT. Offerors shall submit proposals electronically by email to the following addresses: jennifer.sotomayor@va.gov and Sean.Jackson@va.gov . The email(s) shall include the following as attachments:

The total size if any single email must be less than 10 megabytes. Use multiple emails if necessary and label each as 1 of 3, 2 of 3… An electronic copy of the Bid Bonds shall be included in the emailed proposal. Additionally, the original Bid Bonds must be mailed and postmarked prior to the solicitation closing date and time.

Bid Bond Package shall be marked as follows:

This package is only to contain the original signed copies of the bid bonds. Mail bid bonds to:

NCO 15 Construction ATTN: Sean Jackson/Jennifer Sotomayor 3450 S. 4th Street Leavenworth, Kansas 66048

Hand delivered Bid Bonds and Solicitation Responses shall not be accepted. Original bid bonds only need to be mailed and postmarked prior to the solicitation closing date and time.

COPIES OF SOLICITATION RESPONSE DOCUMENTS AND BID BOND DOCUMENTS SHALL BE EMAILED TO sean.jackson@va.gov and jennifer.sotomayor@va.gov . ONLY ELECTRONIC EMAIL RESPONSES FROM PRIME SDVOSB CONTRACTORS SHALL BE ACCEPTED.

2. DOCUMENTS TO SUBMIT.

The documents and information necessary to compete for the project and solicitation identified above consist of:

The following NON-COST Evaluation Factors will be used as the basis for determining Technical Acceptability:

1. Relevant Past Performance of Prime Contractor

2. Technical Construction Experience of Prime Contractor

3. Technical Qualifications of Proposed Staffing

4. Prime Contractor’s Safety Plan

NOTE: There is a realistic possibility that some offerors may choose to submit the same construction project as a qualifying example for both the past performance and the technical experience evaluation factors. This is not prohibited, but the supporting documentation must demonstrate that the submitted projects absolutely do comply with the specific minimal requirements, identified below, for each separate evaluation factor.

FACTOR 1: RELEVANT PAST PERFORMANCE OF PRIME CONTRACTOR.

To be technically acceptable, Offerors should identify no less than ONE (1), and no more than THREE (3), relevant, previously-awarded and completed construction contracts, which were issued by either: Federal, State, or Local Government Agencies; and/or Private Organizations. To be evaluated as Relevant Past Performance, the construction contracts submitted by offerors must reflect:

A. Construction work, at an active hospital or medical facility, as a prime contractor that is similar in scope and complexity to the work required under this contract; (NAICS Code: 236220– Commercial and Institutional Building Construction) that was equal to, or greater than $6,000,000.00. Substitution of subcontractor experience is not allowed. Offers which present subcontractor experience shall not be considered for award.

B. Work that was 100% completed within a time period of no more than FIVE (5) years prior to the date of submitting this proposal. If the contract/work is incomplete or was completed more than five years prior to the date of submitting this proposal, it will not be deemed relevant and shall not be considered.

C. To be considered Technically Acceptable, relevant past performance must be satisfactory or better.

For each of the submitted Relevant Past Performance contracts, provide the following information.:

Factor 1 SPECIAL NOTE 1 for Offerors That May Lack Past Performance Information: In accordance with FAR Part 15.305(a)(2), in the case of an offeror that is without a record of relevant past performance, or for whom information on past performance is not available, the offeror may not be evaluated favorably or unfavorably on past performance. Such offerors may submit relevant past performance information regarding: predecessor companies; key personnel who have relevant experience; or subcontractors that will be performing major or critical aspects of this requirement; provided that such information is relevant to the construction in this solicitation.

Factor 1 SPECIAL: NOTE 2 for Offerors that have Past Performance: Offerors may provide information on problems encountered on the identified contracts and the offeror’s corrective actions. The government also reserves the right to consider past performance information from all available sources, in addition to any information submitted by offerors.

FACTOR 2: TECHNICAL CONSTRUCTION EXPERIENCE OF PRIME

CONTRACTOR.

To be Technically Acceptable, offerors must provide evidence that the Prime Contractor has the technical qualifications and experience needed to meet the technical performance requirements of this project. Offerors must submit no less than TWO (2) and no more than FIVE (5), examples of their successful technical construction experience with projects that involved technical requirements similar in scope and complexity to the requirements of this project that were previously awarded and are 100% complete. The construction project submitted must demonstrate:

D. Work that was of a similar nature in scope and complexity of work for this project. This is defined as work performed at a Patient Care Area of an active and occupied Hospital or Medical Facility. If an offeror chooses to submit experience that was not conducted at Patient Care Area of a Hospital or Medical Facility, they must explain how the nature and complexity of the work conducted involved technical construction requirements equivalent to that described in the Plans & Specifications of this solicitation.

(Note: If submitting as a Prime/Sub teaming arrangement under FAR 9.601(2), the designated prime must meet the specific requirements of Factor 2A and 2B in order for the teaming arrangement to be deemed acceptable. Subcontractor experience will not be considered.)

FACTOR 3. TECHNICAL QUALIFICATIONS OF PROPOSED STAFFING.

To be Technically Acceptable, qualified offerors must submit a detailed resume of each key individual on the Prime contractor’s staff for his project. To promote maximum continuity on this project, key staffing positions are not to be subcontracted out. This factor will be evaluated to determine if they have the appropriate technical training and or previous construction experience to meet the technical requirements of the key staffing positions for a project of this nature. No one individual can perform more than two of the key staffing positions below:

(a) On-Site Superintendent – Must have minimum of 3 years of experience as a site superintendent and must have OSHA 30 training. Provide current documents/certificates showing completed training. Provide references (that can be contacted) for a minimum of 2 projects with similar scope and complexity to this project (include brief project description). To be considered for evaluation, the 2 projects must have been performed be within the last five years, be 100% complete, and valid contact information must be provided.

If Reference cannot be verified, then the proposal may not receive further consideration

(b) Quality Control Manager – Must have a minimum of 3 years of experience as a quality control manager. Provide references (that can be contacted) for minimum of 2 projects with similar scope and complexity to this project (include brief project description). To be considered for evaluation, the 2 projects must have been performed be within the last five years, be 100% complete, and valid contact information must be provided.

If Reference cannot be verified, then the proposal may not receive further consideration

(c) Safety Officer – Must have a minimum of 3 years of experience as a safety Officer on projects which are similar in scope and complexity to this project. Must provide a current OSHA 30 Certificate and a list of safety training that at a minimum includes “life safety, excavation safety, scaffold safety, fall protection training, crane/rigging safety”. Provide references (that can be contacted) for minimum of 2 projects with similar scope to this project (include brief project description). To be considered for evaluation the 2 projects must have been performed be within the last five years, be 100% complete, and valid contact information must be provided.

If Reference cannot be verified, then the proposal may not receive further consideration

Special Note: During the period of performance of the Contract, the Contractor shall make NO substitutions of the Staffing unless the substitution is necessitated by illness, death, or termination of employment. The contractor shall notify the contracting officer, in writing within five (5) calendar days after the occurrence of any of these events. Any replacement of Staffing shall have equal or better qualifications, subject to the approval by the contracting officer.

FACTOR 4: PRIME CONTRACTOR’S SAFETY PLAN

Offerors must provide a construction safety plan that meets the following requirements:

a. The contractor's Safety Plan shall be evaluated for their compliance with local/State/Federal rules and regulations and the company's consideration of safety of its employees and the general public. The contractor's Safety Plan at the minimum shall address their safety policy, commitment to safety, detailed disciplinary action to be taken with respect to employees violating safety requirements, personnel safety responsibilities, personnel safety training, personal protective equipment, accident / incident reporting procedure and investigations, emergency procedures guidelines.

b. The contractor’s Safety Plan shall address their plan for completing all contract work on and around an active hospital without impacting patient care and completing all work in accordance with all construction documents and all local/State/Federal rules and regulations.

If the Safety Plan is not deemed acceptable, then the proposal may not receive further consideration.

Note: It is intended that award will be made on the Base Bid; however, should bids exceed the funds available, award will be made to one of the Alternate NO. 1-4.

3. Basis of Award

VA will make the award based on the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-price factors. Note that offers that are not technically acceptable cannot be selected, regardless of price.

4. Special Contract Requirements

SUBSTITUTIONS OF SUBCONTRACTORS AND / OR KEY PERSONNEL

1. When an offeror submits its proposal in response to this Request For Proposals, and key personnel who are proposed to work on the project are required to be submitted, those personnel who are offered will be the same personnel who will actually perform on the project. If, during performance of the contract, it becomes necessary for the contractor to substitute personnel for one of those whose qualifications were the basis for evaluation of the offer and award of the contract, the contractor shall submit to the Contracting Officer the same information that was required in the initial proposal regarding the proposed substitute employee. The Contracting Officer shall have the right to review the qualifications of the proposed substitute employee and to approve or disapprove his or her qualifications. If the proposed substitute employee's qualifications are disapproved by the Contracting Officer, the contractor will propose another employee who does possess equivalent qualifications.

5. SAFETY OR ENVIRONMENTAL VIOLATIONS AND EXPERIENCE MODIFICATION RATE

1) All Bidders/Offerors shall submit the required information pertaining to their past Safety and Environmental record, see Appendix 2. The information shall contain, at a minimum, a certification that the bidder/offeror has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or any EPA violation(s) in the past three years.

2) All Bidders/Offerors shall submit information documenting that their current Experience Modification Rate (EMR) is equal to or less than 1.0. This information shall be obtained from the bidder’s/offeror’s insurance company and be furnished on the insurance carrier’s letterhead. Bidders/Offerors with an EMR of 1.0 or greater will be considered “Unacceptable”. Failure to affirm being within these guidelines or submit this information will result in a determination of unacceptability and the Bidder/Offeror will be ineligible for award.

3) Self-insured contractors or other contractors that cannot provide their EMR rating on insurance letterhead must obtain a rating from the National Council on Compensation Insurance, Inc. (NCCI) by completing/submitting form ERM-6 and providing the rating on letterhead from NCCI. Note: Self-insured contractors or other contractors that cannot provide EMR rating on insurance letterhead from the states or territories of CA, DE, MI, NJ, ND, OH, PA, WA, WY, and PR shall obtain their EMR rating from their state run worker’s compensation insurance rating bureau.

This requirement is applicable to all subcontracting tiers. Prospective prime contractors are responsible for determining the acceptability/compliance of their prospective subcontractors related to the EMR requirements of this solicitation.

Page 1 of Page 1 of

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

1.1 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)

1.2 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)

1.3 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)

1.4 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:

Sean Jackson

Hand-Carried Address:

Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway

Leavenworth KS 66048 Mailing Address:

Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway

Leavenworth KS 66048

(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)

1.5 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—November 17, 2020 at 9:00 AM CST

(c) Participants will meet at— Facilities Maintenance Services, Building 10, Wichita, KS VAMC 5500 E Kellogg Ave, Wichita, KS 67218 (End of Provision)

1.6 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)

1.7 52.215-1 INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITION (JAN 2017)

(a) Definitions. As used in this provision— Discussions are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer’s discretion, result in the offeror being allowed to revise its proposal.

In writing, writing, or written means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

Proposal modification is a change made to a proposal before the solicitation’s closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

Proposal revision is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

Time, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals.

(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show—

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, revision, and withdrawal of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall—

(1) Mark the title page with the following legend:

This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed—in whole or in part—for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of—or in connection with—the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend:

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award.

(1) The…