36C25525R0129.docx

36C25525R0129

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.

36C25525R0129 X 10-18-2025 589A4-24-103 36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth

KS

66048 Y Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth

KS

66048 Mathena, Jeanette 913-946-1129 The Department of Veteran Affairs, NCO15, intends to award a Construction Contract for Project 589A4-24-103, Construct Womens Clinic located at the Harry S Truman Medical Center, Columbia, MO. This requirement 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 the Federal Acquisition FAR 15.103-2 Best Value Lowest Price Technically Acceptable (LPTA) source Selection process.

The NAICS code for this project is 236220. General Construction size standard is 45.0 Million.

Estimate of the construction magnitude for this project: $500,000.00 to $1,000,000.00.

VENDOR UEI CODE:______________________________

The Pre-Proposal meeting will be held at the Harry S. Truman VAMC, Columbia, Missouri on October 23, 2025 starting at 1:30 pm CDT with the walk-through for the project immediately following.

All contractors are to meet at the facilities Office Trailer, Building 22.

Questions for this project must be emailed to jeanette.mathena@va.gov and james.petrik@va.gov by 2:00PM on 10-30-2025.

All questions received will be posted to Sam.gov by Nov 7, 2025.

It is the contractor's responsibility to make sure proposal documents are received by the contracting officer.

It is the contractor's responsibility to monitor https://sam.gov for all amendments to the Solicitation.

Proposals must be e-mailed to jeanette.mathena@va.gov and james.petrik@va.gov by November 17, 2025, by 2:00 pm CT.

All contractor's and joint ventures must be registered in SAM and Certified in SBA VetCert by the proposal due date.

Proposals submitted by teaming arrangements other than SDVOSB SBA certified Joint Ventures will not be considered.

THE CONTRACTOR IS RESPONSIBLE TO INCLUDE ALL TAXES FOR LABOR, MATERIALS AND EQUIPMENT IN THEIR PROPOSAL.

Notice: Clause 52.222-37 Employment Reports on Disabled Veterans and Veterans is incorporated by reference in this Solicitation. Public Law (PL 105-339) Section 1354 providesthat no agency may enter 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).

The project Period of Performance is 214 calendar days after issuance of Notice to Proceed.

The Period of Performance includes all work, cleanup and closeouts documents.

52.211-10 X zero

2PM

CST

11-17-2025 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

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

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

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

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

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

TO SIGN

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

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

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

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

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

(Contractor is not required to sign this document.)

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

SEE PAGE 5 FOR LINE ITEMS

36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth

KS

66048 36C255 Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp Austin

TX

877-353-9791 512-460-5429 X Jeanette G Mathena

Table of Contents

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

589A4-24-103 Construct Women's Clinic.

BID ITEM I, GENERAL CONSTRUCTION: All scope communicated in the drawings and specifications. Work includes general construction, alterations, necessary removal of existing structures and construction and certain other items. To include all Structural, Mechanical, Electrical, Plumbing, Fire Protection, Technology and Furnishings and Equipment Items and Labor to complete the project. Period of performance will be 214 days.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 236220 - Commercial and Institutional Building Construction PRODUCT/SERVICE CODE: Z2DA - Repair or Alteration of Hospitals and Infirmaries

Page 1 of Page 1 of

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

PROPOSAL INSTRUCTIONS TO OFFERORS

FOR LOWEST PRICE TECHNICALLY ACCEPTABLE COMPETITION

SOLICITATION: 36C25525R0129

PROJECT: Construct Women’s Clinic, 589A4-24-103 LOCATION: Department of Veteran Affairs, Columbia, Missouri VAMC

1. PREPARATION AND SUBMITTAL OF PROPOSALS

a. GENERAL INFORMATION.

Selection of an offeror for contract award will be made based on 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. The Five (5) evaluation factors for determination of technical acceptability consist of:

1. RELEVANT PAST PERFORMANCE OF PRIME CONTRACTOR

1. TECHNICAL CONSTRUCTION EXPERIENCE OF PRIME CONTRACTOR.

1. TECHNICAL QUALIFICATIONS OF PROPOSED KEY PERSONNEL.

1. TECHNICAL CONSTRUCTION EXEPERIENCE OF THE DIRECT DIGITAL CONTROLS SUBCONTRACTOR

1. PRIME CONTRACTOR SAFETY PLAN

NOTE: Failure to comply with the RFP requirements may 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 Three volumes to the below e-mail address given in Block 8 of the Standard Form 1442. The package shall include:

(a) jeanette.mathena@va.gov and james.petrik@va.gov.

Volume 1 Technical Proposal and Appendix 2- VAAR 852.219-75 Volume 2 Price Proposal-1442, Amendments and Appendix 1 – Price Break-down sheet Volume 3 - Bid Bond

Marked: ORIGINAL - RESPONSE TO RFP – 36C25525R0129

This package is to contain the signed original copies of the documents.

2. DOCUMENTS TO SUBMIT.

The original documents to be included in the envelope identified above consist of:

a. STANDARD FORM 1442. Submit SF 1442 issued under this solicitation, with Blocks 10 (UEI Number) and Blocks 14 through 20 properly filled out by the Offeror. Include acknowledgment of any and all Amendments that may have been issued, either by: (1) listing them in Block 19 of the SF 1442, or (2) including copies of the Amendment document(s) (Standard Form 30) with Blocks 8 and 15 filled in and signed, or (3) including signed acknowledgement in the form of a separate letter that includes a reference to the solicitation and amendment numbers. NOTE: Failure to acknowledge any and all Amendments issued pursuant to this solicitation may be cause for rejection of your offer.

b. OFFER GUARANTEE (BID BOND). In accordance with solicitation provision 52.228-1, Bid Guarantee, failure to furnish a bid guarantee, in the proper form and amount, by the deadline established for submitting offers, may be cause for rejection of the offer.

c. DOCUMENTATION OF TECHNICAL ACCEPTABILITY. Proposals received in response to this solicitation will be evaluated in accordance with procedures outlined in Federal Acquisition Regulations (FAR) Part 15.101-2 for the Lowest Price Technically Acceptable (LPTA) Offer.

The following significant 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 KEY PERSONNEL.

4) TECHNICAL CONSTRUCTION EXEPERIENCE OF THE DIRECT DIGITAL CONTROLS SUBCONTRACTOR

5) PRIME CONTRACTOR 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 TWO (2), and no more than THREE (3), 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 involve:

1. Construction work, at an active hospital or medical facility, on or adjacent to an active clinic, as a prime contractor.

1. A dollar magnitude equal to, or greater than $500,000.00.

C. Work that was 100% completed within a 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.

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

(1) The name of the construction contract, and the contract ID number.

(2) The name of the contracting agency or organization the contract was awarded by.

(3) The date of the construction contract award and the contract award amount in dollars.

(4) The date of the construction contract completion, and the final contract amount, in dollars.

(5) A brief description of the construction contract scope of work; and

(6) Identification of at least one point-of-contact at the organization that awarded the submitted contract, including: the name of the point-of-contact; their current mailing address; phone number; and email address (if applicable).

Factor 1 SPECIAL NOTE 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. 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 they have the technical qualifications and experience needed to meet the technical performance requirements of this project. Offerors must submit no less than TWO (2) examples of their technical construction experience with projects that involved technical requirements similar to the requirements of this project. The construction project submitted must involve:

A. Work as a prime contractor under the same NAICS code as this solicitation (236220, Commercial and Intuitional Building Construction), that involved construction of an active hospital or medical facility, with emphasis on Medical Clinics or similar construction.

B Work of a dollar magnitude equal to, or greater than $500,000.00. If offering subcontracted work as proof of technical construction experience, offerors must submit evidence that supports the magnitude of the work they performed as a subcontractor.

C. Contractor must provide completed “852.219-75 VA Notice of Limitations on Subcontracting - Certificate of Compliance for Services and Construction” with technical proposal ( Appendix 2).

D Work that was of a similar nature to the scope of work for this project. This is defined as work performed in a medical clinic located in an active and occupied Hospital or Medical Facility. If an offeror chooses to submit experience that was not conducted at 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.

For each of the Technical Construction Experience projects submitted, provide the following information:

(1) The name and location of the construction project.

(2) The performance period, including the starting and completion dates.

(3) The total cost of the project is in dollars.

(4) The percentage of total labor self-performed by the offeror's employees.

(5) A brief description of the construction project scope of work, which explains how the project involved work as a prime contractor under NAICS Code 236220 involving construction work that was technically similar to the project work under this Solicitation.

FACTOR 3: TECHNICAL QUALIFICATIONS OF PROPOSED KEY PERSONNEL.

To be Technically Acceptable, qualified offerors must submit a detailed resume of each key individual. This will be evaluated to determine if they have the appropriate technical training and or previous construction experience to meet the technical requirements of a project of this nature. Project Manager and Superintendent cannot be the same person No one individual can perform more than two of the staffing positions below:

(a.) Project Manager – Must have a minimum of 5 years’ experience as a project manager must provide a minimum of 3 projects with similar scope of this project. Provide the name of the construction contract, and the contract ID number; The name of the contracting agency or organization the contract was awarded by; The date of the construction contract award and the contract award amount in dollars; The date of the construction contract completion, and the final contract amount, in dollars; A brief description of the construction contract scope of work; Identification of at least one point-of-contact at the organization that awarded the submitted contract, including: the name of the point-of-contact; their current mailing address; phone number; and email address (if applicable). Note: Project Manager will be required to attend weekly project meetings in person at the station facilities office.

(b). Quality Control manager – Provide a minimum of 3 projects with similar scope of this project that they have acted as the QC manager. Provide the name of the construction contract, and the contract ID number; The name of the contracting agency or organization the contract was awarded by; and the date of the construction contract award. A brief description of the construction contract scope of work and the QC program that was implemented.; Identify at least one point-of-contact at the organization that awarded the submitted contract, including: the name of the point-of-contact; their current mailing address; phone number; and email address (if applicable).

(c.) On Site Safety Officer; must have OSHA 30 training (must provide certificate) with a minimum of 5 years of experience as a safety officer.; provide a list of safety training, which includes at a minimum life safety, excavation safety, fall protection training, scaffold safety, crane/rigging safety. Provide a minimum of 3 projects with similar scope of this project. Provide the name of the construction contract, and the contract ID number; The name of the contracting agency or organization the contract was awarded by; Provide a brief description of the construction contract scope of work and how the safety program was implemented; Identify at least one point-of-contact at the organization that awarded the submitted contract, including: the name of the point-of-contact; their current mailing address; phone number; and email address (if applicable). Note: The on-site Safety Officer must be on site when work is being completed.

(d) On Site Superintendent: Must have a minimum of 5 years’ experience as a site superintendent and must have OSHA 30 training (must provide certificate).

Provide at least 3 projects as a site superintendent with similar scope of this project.

Provide the name of the construction contract, and the contract ID number.

The name of the contracting agency or organization the contract was awarded by.

The date of the construction contract award and the contract award amount in dollars.

The date of the construction contract completion, and the final contract amount in dollars.

A brief description of the construction contract scope of work; Identification of at least one point-of-contact at the organization that awarded the submitted contract, including:

the name of the point-of- contact; their current mailing address; phone number; and email address (if applicable). Note: On Site Superintendent will be required to attend weekly project meetings in person at the station facilities office and must be on site when work is being completed.

Special Note: When an offeror submits its proposal in response to this Request for Proposals, and the name and experience of a specific subcontractor is a required evaluation factor, then that subcontractor who is offered will be the same subcontractor who will actually perform the specified work on the project. If, during performance of the contract, it becomes necessary for the contractor to substitute a subcontractor 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 subcontractor. The Contracting Officer shall have the right to review the qualifications of the proposed substitute subcontractor and to approve or disapprove its qualifications. If the proposed substitute subcontractor's qualifications are disapproved by the Contracting Officer, the contractor will propose another subcontractor who does possess equivalent qualifications.

FACTOR 4: TECHNICAL EXPERIENCE OF THE DIRECT DIGITAL CONTROLS SUBCONTRACTOR.

Offerors must provide evidence that the Direct Digital Controls subcontractor has the technical qualifications to self-perform and experience needed to meet the technical performance requirements of this project. To be evaluated as technical experience the information submitted by offerors must involve the following:

A. Work under the NAICS code 238220, Plumbing, Heating, and Air- Conditioning Contractor.

B. Ability to meet the technical requirements of specification section 23 09 23, Direct-Digital Control system for HVAC.

C. Products or services of proposed manufacturer, suppliers and installers as follows:

1. Direct Digital Controls contractors are currently and regularly engaged in design, fabrication, and installation of HVAC control systems for hospital and/or medical centers usage.

2. Provide a list of two or more hospital and/or medical center installations where service-related fabrication & installation of direct digital controls systems, within the past five years. Include the names and addresses of the hospital and/or medical center and the point of contact

3. Directs Digital Controls contractor has technical qualifications of at least five years of experience. Provide certifications and Company Resume/Bio of trained supervisory personnel, installation personnel, and facilities used to complete installation of control systems as required by contract documents.

4. The proposed Direct Digital Controls contractor shall submit a list of two or more prior hospitals and/or medical center installations where all the contractor controls equipment they propose to furnish on this project has performed satisfactorily together under conditions of normal use. The list shall include projects that have been in operation for a period of not less than two years preceding the date of these specifications. Include the names and addresses of the hospital and/or medical center and the names of the hospital and/or medical center and the point of contact. Also included shall be project cost of direct digital control installation and project completion date.

5. Direct Digital Controls contractor shall submit proof of Tridium Niagara N4 and BACNET certifications by submitting training certification.

Special Note: When an offeror submits its proposal in response to this Request for Proposals, and the name and experience of a specific subcontractor is a required evaluation factor, then that subcontractor who is offered will be the same subcontractor who will actually perform the specified work on the project. If, during performance of the contract, it becomes necessary for the contractor to substitute a subcontractor 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 subcontractor. The Contracting Officer shall have the right to review the qualifications of the proposed substitute subcontractor and to approve or disapprove its qualifications. If the proposed substitute subcontractor's qualifications are disapproved by the Contracting Officer, the contractor will propose another subcontractor who does possess equivalent qualifications.

FACTOR 5: PRIME CONTRACTOR SAFETY PLAN

Offerors must provide a complete construction safety plan with their proposal which must cover the criteria below:

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 the 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 impact patient care and completing all work in accordance with all construction documents and all local/State/Federal rules and regulations.

d. PRICE PROPOSAL.

Price is to be submitted on page 5. Offerors must provide a price for each contract line item. In addition, offerors shall include a breakdown of material and labor costs, by specification division for each bid item. Overhead, profit and bond costs shall be added after a subtotal of materials and labor costs have been calculated see Appendix 1.

Note: It is intended that the award will be made on contract line-item 1.

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-cost 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.

C5. A Determination of Responsibility will be accomplished for the apparent awardee prior to processing the award. The above information, along with other information obtained from Government systems, such as the OSHA and EPA online inspection history databases, will be used to make the Determination of Responsibility. Failure to affirm being within the guidelines above or submit this information will result in a determination of “Non-Responsibility” for the bidder/offeror. NOTE: Any information received by the Government that would cause for a negative Determination of Responsibility will make the bidder/offeror ineligible for the award.

This requirement is applicable to all subcontracting tiers, and prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors.

(END OF INSTRUCTIONS TO OFFERORS)

Appendix 1- PRICE BREAKDOWN AND CALCULATION OF SELF-PERFORMED/SUBCONTRACTED WORK

Provide a breakdown of material and personnel costs, by specification division listed for the project. Home Office overhead, profit/fee and bond costs shall be added after a subtotal of personnel and material/Equipment costs has been calculated. Clearly identify the personnel costs you will be performing, and the personnel costs of other eligible service disabled veteran-owned small business concerns. Below is the required format.

THIS DOCUMENT MUST BE COMPLETED FOR EACH BID ITEM.

Division 01

Division 02

Division 03

Division 05

Division 06

Division 07

Division 08

Division 09

Division 10

Division 11

Division 14

Division 21

Division 22

Division 23

Division 26

Division 27

Division 28

l

Calculation of self-performed personnel costs:

1. Total personnel costs * both prime and all subcontractors: $_________________

2. Subtract all subcontractor personnel costs* that are not SDVOSB companies that will perform work on this contract: $__________________

3. Remainder is ‘Total amount of work to be self-performed under the Contract’: $__________________

4. Self-performed work = Line 3/Line 1 x 100 = __________%

I certify the above representations are true and correct to the best of my knowledge.

(Title of Authorized Representative)

APPENDIX 2- VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(l)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) [] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) [] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) [] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(3) If VA determines that an SDVOSB/ VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating 18 U.S.C. 1001.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee: ___________ Printed Title of Signee: _____________ Signature: ____________ Date: ______________ Company Name and Address: _______________ (End of Clause)

1.1 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)

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

(a) All actual and potential offerors are encouraged to provide feedback on the preaward and debriefing processes, as applicable. Feedback may be provided to agencies up to 45 days after award. The feedback is anonymous, unless the participant self-identifies in the survey. Actual and potential offerors can participate in the survey by selecting the following link: https:// www.acquisition.gov/360.

(b) The Contracting Officer will not review the information provided until after contract award and will not consider it in the award decision. The survey is voluntary and does not convey any protections, rights, or grounds for protest. It creates a way for actual and potential offerors to provide the Government constructive feedback about the preaward and debriefing processes, as applicable, used for a specific acquisition.

(End of Clause)

2.2 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: .

(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)

2.3 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)

2.4 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)

2.5 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)

2.6 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021)

(a) Offerors shall obtain from each person acting as an individual surety on a bid guarantee—

(1) A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203–1; and

(2) Standard Form 28, Affidavit of Individual Surety.

(b) The Offeror shall include with its offer the information required at paragraph (a) of this provision within the timeframe specified in the provision at FAR 52.228–1, Bid Guarantee, or as otherwise established by the Contracting Officer.

(c) The Contracting Officer may release the security interest on the individual surety’s assets in support of a bid guarantee based upon evidence that the offer supported by the individual surety will not result in contract award.

(End of Provision)

2.7 52.233-2 SERVICE OF PROTEST (SEP 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Hand-Carried Address:

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

Leavenw…