36C25619R0111-002.docx

36C25619R0111

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.

36C25619R0111 X 1-2019 598-19-114 Department of Veterans Affairs Chief, A&MM (90C/NLR) Central Arkansas Veterans HCS 2200 Fort Roots Drive, Bldg 41, Room 200 North Little Rock AR 72114 1706 Department of Veterans Affairs Chief, A&MM (90C/NLR) Central Arkansas Veterans HCS 2200 Fort Roots Drive, Bldg 41, Room 200 North Little Rock AR 72114 1706 John Moua 713-794-8548 A. Contractor shall furnish all labor, material, tools, equipment, transportation and supervision to Replace Nurse Call System at The John L. McClellan VAMC (JLMVAMC) and The Eugene J. Towbin Healthcare Center (CAVHS) in Little Rock, AR and North Little Rock, AR respectively.

B. Contractor shall use the attached US Department of Labor Wage Determinations AR20180032 in accordance with the Davis Bacon Act.

C. The magnitude of construction is between $2,000,000 and $5,000,000 per FAR 36.204 and VAAR 836.204. Bid bonds, payment, and performance bonds are required.

D. NAICS code for this project is 236220 with a small business size standard of $36.5 million.

E. This is a total Service-Disabled Veteran-Owned Small Business (SDVOSB) set-aside competitive procurement pursuant to Public Law 109-461 (38 USC 8127). The SDVOSB is required to perform a minimum of 15% of the construction work. The SDVOSB must be a small business under the relevant NAICS code. Vendors submitting proposals under a Joint Venture shall submit a copy of their Joint Venture agreement with their offer. Joint Ventures shall comply with VAAR 819.7003 ( c )

F. IMPORTANT: All SDVOSB contractors shall be Centered for Veteran Enterprise (CVE) verified with the assigned NAICS code in order to receive contract award. Visit the following website for more information:

HTTP://WWW.VA.GOV/OSDBU/VETERAN/VERIFICATION.ASP

G. Pre-proposal site visit is scheduled for Wednesday, Aug 7, 2019 @ 10:00AM CST. Meeting will begin at 1 Circle Drive, North Little Rock, AR 72114. Second Pre-Proposal site visit is scheduled for Thursday, Aug 8, 2019 @ 10:00AM CST. Meeting will begin at the Main Lobby entrance of the JLMVAMC in Little Rock, AR.

*Each site visit day will focus on one campus. Contractors are encouraged to come both days to view both sites.

H. Offerors shall be registered in SAM and be verified in VetBiz at the time offers are due. Offers may be rejected if they do not comply with this requirement.

I. Deadline for solicitation inquiries is Wednesday, Aug 14, 2019, at 1:00PM CST. Inquries submitted after the prescribed date and time will not be considered.

J. Deducts are in descending order. The Government may deduct Line Items in order to meet budget requirements.

In addition to overall price breakdown, Offerors shall breakdown each deduct Line Items.

x x 52.211-10 X two (2)

1:00PM CST

08-30-2019 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

Department of Veterans Affairs Chief, A&MM (90C/NLR) Central Arkansas Veterans HCS 2200 Fort Roots Drive, Bldg 41, Room 200 North Little Rock AR 72114 1706 Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971

Table of Contents

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

0.00

Base: Replace Nurse Call System for North Little Rock and LIttle Rock VA Medical Centers.

*Offerors shall complete the Price Breakdown document

0.00

Base less deduct all costs associated with the installation of Patient Care boards for Pods 1D, 1E and 3C at Eugene J. Towbin Healthcare Center

0.00

Base less deduct all the costs associated with the installation of a Nurse Call system for Pods 4B & 4C at John L McClellan VA Medical Center.

0.00

Base less deduct associated with the installation of a Nurse Call system for Pods 1B and 1E at Eugene J. Towbin Healthcare Center

Page 1 of

CONTINUATION OF SF 1442 BLOCK # 17 CONTINUED

Project: Nurse Call System Replacement in Little Rock and North Little Rock, Arkansas Date:

SUBTOTAL COST:

GENERAL LIABILITY / INSURANCE:

OVERHEAD & PROFIT:

BOND:

PROJECT TOTAL COST:

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

Offerors shall follow the instructions contained herein. These instructions prescribe the proposal format and describe the approach for development and presentation of the proposal. These instructions are designed to ensure the submission of necessary information. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications. The Contracting Officer has determined there is a high probability of adequate competition in this acquisition. Interested offerors shall be solely responsible for all costs associated with this solicitation including but not limited to the preparation of proposals.

The Government plans to make an award without discussions. Therefore, each initial offer shall contain the offeror’s best terms from a price and technical standpoint. The Government reserves the right to conduct discussions, if it is determined to be necessary.

Price proposals and Technical proposals of each offeror will be evaluated independently. Offerors shall submit as separate attachments titled, “Price Proposal” and “Technical Proposal”. Each attachment must contain a cover sheet with the offerors name, business address, and VA Solicitation Number.

Proposal shall be (1) submitted on the forms furnished by the Government or on copies of those forms; and (2) manually signed. The person signing the proposal shall initial each erasure or change appearing on any proposal form. Offerors shall submit proposed prices for ALL priced line items as listed in the schedule. Failure to submit proposed prices for ALL bid items will result in the proposal being rejected as unacceptable without further consideration.

Alternate proposals will NOT be considered. The following documents shall be submitted to the Contract Specialist on the due date and time listed on the SF 1442. Electronic proposals transmitted through an electronic commerce method including but not limited to telegraph, fax, or email are NOT authorized under this solicitation and will NOT be accepted. The offeror shall submit two (2) separate proposals: Price and Technical/Past Performance and identified accordingly. Price proposal shall be submitted in one (1) original hard copy. Technical proposal shall be submitted in one (1) original and two (2) hard copies.

The proposal shall be arranged in the following order:

1. 2-page SF1442 completed and signed by the signatory authority. All blocks under section “OFFER” on page 2 of SF1442 (Item 14 thru 20C) shall be completed. Offerors shall be solely responsible for monitoring Government’s website www.fbo.gov for amendments to this solicitation if any and acknowledge them in accordance with the requirements stipulated in this solicitation and amendments.

2. Duly executed Bid Bond/Guarantee: Offerors shall use form SF24 Bid Bond. Bid bonds that are found noncompliant with bid guarantee requirements may result in the rejection of the bid. See clause 52.228-1 Bid Guarantee for additional information on the compliance with bid guarantee requirements.

3. To be eligible for award, Offerors are required to be CVE SDVOSB certified. Offerors must register their businesses at http://www.vetbiz.gov/ and https://www.sam.gov/portal/public/SAM/ and complete the ORCA. Upon request by the Government, Offerors shall submit a printout of their ORCA.

4. Acknowledgement of ALL Amendments

5. Proof VETS 100 has been filed for 2018

6. Experience Modification Rate (EMR) Proposals shall be submitted in a sealed envelope and delivered to the address below by or on the due date set forth in this solicitation, page 1, form SF1442, block 13:

Department of Veterans Affairs Chief, A&MM (90C / NLR) Attn: Bradley Martin, Contracting Officer 2200 Fort Roots Drive, Bldg. 41, Room 200 North Little Rock, AR 72114-1706 It is solely the responsibility of the offerors to ensure the Government receives the proposal before or on the exact due date and time set forth in this solicitation. Offerors shall provide the Contracting Officer/Contract Specialist confirmation of delivery via email to Bradley.Martin@va.gov and John.Moua@va.gov prior to the closing date if the offeror uses a mail carrier, such as FedEx, UPS, or USPS. Tracking number and the name of the person who signed for the package is required.

All inquiries about this solicitation shall be directly submitted in writing via email to the Contract Specialist: john.moua@va.gov. No phone or faxed inquiry will be accepted. Deadline for all inquiries for this solicitation is listed on the SF 1442.

Government’s responses to inquiries will be issued in the form of Amendment(s) to be posted on the same website where this solicitation is posted: www.fbo.gov. All interested offerors including those submitting inquiries are required to monitor the above website for any posted amendments and acknowledge them in accordance with the instructions provided in the amendments as well as in this solicitation.

BASIS FOR CONTRACT AWARD:

This is a competitive Request for Proposal (RFP) that represents the best value to the Government conducted under FAR Part 15, Tradeoff source selection process.

The Government intends to evaluate proposals and award a contract without discussions. Therefore, the offeror’s initial proposal shall contain the offeror’s best terms from a price and technical standpoint. Offerors are cautioned to submit sufficient information and in the format specified in the instructions to offerors section of this solicitation. Communication conducted to resolve minor or clerical errors would not constitute discussions and the Contracting Officer reserves the right to award a contract without the opportunity for proposal revisions. There will be no public bid opening.

A single award will be made to a Service-Disabled Veteran-Owned Small Business (SDVOSB) using best value Past Performance/Price tradeoff process considering all non-price factors and allows the Government to accept other than the lowest price proposal or other than the highest technically rated offer and award to the responsible offeror whose proposal the SSA has determined conforms to the solicitation, is fair and reasonable, represents fair market value and offers the best overall value to the Government.

VOLUME 1 – FACTOR 1 – TECHNICAL ACCEPTABILITY

Volume I – Technical Acceptability/Technical Capability-Factor I/Sub-Factor 1 - Provide a project-specific narrative that describes the offeror’s organization and intended technical approach to executing this contract per the detailed requirements herein. Clearly but concisely describe the organizational and technical approach execution. Offeror shall provide proof which demonstrates their technical capability and/or their Subcontractors of the requirements identified in the (SOW) Statement of Work. This should include proof of the contractor’s technical capability of the evaluation factors that consist of four separate elements: Technical Capability, Experience, Quality and Past Performance. Technical proposals will be rated using color rating for each factor/sub-factor. Proposals must separately address each sub factor or each element for rating. The proposal should not simply restate the government’s requirements, but it should describe, in detail, how the offeror intends to meet the requirements.

Volume 1-Tab B – Sub-Factor 2- Experience – Offers shall address the following in narrative. Offers that do not describe each topic in enough detail or provide the requested documentation may be color rated unsatisfactory.

(1) Provide experience documentation of the Prime Contractor and/or their sub-contractors of specific projects (minimum of three) relating to statement of work specifications and drawings of this solicitation; successfully completed or in progress, that was coordinated and performed in the last 5 years of a similar size and magnitude, scope and complexity. Contractor shall provide the following information for each contract/project submitted for evaluation:

· Company Name/Address Phone number/Email Address

· Project Title

· Contracting Office/Government Agency

· Contract Number

· Total Contract Amount

· Period of Performance

· Contracting Officer (CO) name, Phone Number and Email

· Contracting Officer’s Representative (COR) Name, Phone number, and email address

· Brief Description of the Project /Requirements and number of personnel assigned to the project.

(2) Provide the names of the general contractor’s proposed project management personnel (i.e. Site Superintendent, Project Manager,) along with a description of the individual’s experience (i.e. certifications, resumes, training) and a list of successfully completed projects of similar size as stated in scope, and complexity (in a Hospital facility or similar working conditions) within the last 5 years. Superintendent shall have a minimum of three (3) years of experience. Identify experience managing or supervising projects of similar size and scope.

(3) Offerors shall provide a list of sub-contractors that you intend to use for this proposed project and include all recent (within last 5 years) and relevant experience of the sub-contractors working on projects of similar size, scope, and complexity.

(4) Offerors shall provide information about the business or firm’s resource capabilities to ensure successful completion of this requirement.

Volume 1-Tab C – Sub-Factor 3- Quality - Offers shall address in narrative the following. Offers that do not describe each topic in enough detail may be rated unsatisfactory.

(1) Contractor shall explain how the project will be accomplished with no interruptions of services in adjacent patient care areas; experience with projects. (See statement of work)

(2) Contractor shall demonstrate a clear understanding of the project requirements including critical milestones, critical path and long lead time items. Demonstrate techniques for maintaining on-time schedule performance.

(3) Contractor shall provide a detailed explanation as to how the project will be implemented and managed through to ensure compliance with all OSHA Construction Standards, and Fire and Life Safety issues, and security measures.

(4) Contractor shall provide a site specific Quality Control Plan describing techniques for maintaining quality control for workmanship.

Volume 1 - Tab D – Factor II-Past Performance Past performance will be evaluated for quality, schedule (recent), price control, business relations, management, relevance. If no past performance information is readily available, the offeror may not be evaluated favorably or unfavorably on past performance. FAR 15.305 will be used to evaluate past performance of prospective offerors. Responsibility determination will be made in accordance with FAR 9.1 Responsible Prospective Contractors.

(1) Provide completion of at least three (3) projects within the last 5 years ongoing or completed in direct performance of work similar in size, scope, magnitude and complexity to this requirement (prime and sub-contractors). The offeror shall have demonstrated ability to perform successfully in accordance with approved progress schedules under previous construction projects.

(2) Offerors shall prepare and forward to prior client(s) for submission to Contracting Office EXHIBIT C PAST AND PRESENT PERFORMANCE QUESTIONNAIRE for all the projects listed by offeror and submitted using EXHIBIT B PERFORMANCE RELEVANCY SURVEY. This includes correspondence explaining the requirement to obtain an independent evaluation of prior contract performance and the Past and Present Performance Questionnaire for use in evaluating Past Performance. Proposals that do not include a “completed” past performance survey shall be rated neither favorably nor unfavorably. The performance risk shall be considered unknown and rated “neutral”. In order to be a “completed “past performance survey, shall include a correct phone number, a correct email address and all requested information on the Survey Form Exhibit.

(3) Completed Past Performance Questionnaires shall be submitted to the Contracting Office so as to arrive not later than the closing date/time for receipt of proposals shown on the SF1442. Completed questionnaires shall be forwarded via email to john.moua@va.gov. The subject line shall state 36C25619R0111 REPLACE NURSE CALL SYSTEM LR/NLR Past Performance for (Name of Company.) NOTE: Offeror shall not review the Past Performance Questionnaire prior to submission. Past Performance Questionnaire must be submitted by the client/evaluator directly to the Contracting Office. It is the Offeror’s responsibility to verify with each of their customers to ensure the completed questionnaire was provided to the Contracting Officer by proposal due date and time for receipt of offers.

Note: The government will research information and data bases to aid in establishing contractor’s responsibility and ability to perform. The databases include, but are not limited to PPIRS, EPLS, VetBiz and SBA.

Volume 2 - Tab A – Factor III-Price Price proposals are to contain cost on the CLIN Schedule, containing line item, total pricing, cost breakdown, sub-contractors & disciplines on Price/Cost Schedule. Price proposals will be ranked according to price, from lowest to highest. Price will not be evaluated other than to ensure price reasonableness and determine availability of funds. The government may use various price analysis techniques and procedures to make a price reasonableness determination.

In addition, a separate itemized cost estimate breakdown with the priced proposal (e.g. direct labor – sheet metal worker, engineer, direct material/equipment costs, other costs, overhead, G&A, profit and list discipline sub-contractors for each) shall be included.

The Government shall review the proposals and rate the quality of each evaluation factor and sub-factor (if any). The SSEB shall rate each proposal against the specified evaluation criteria.

The price evaluators shall also check for appearance of unbalanced line item prices. Offerors are cautioned to distribute direct costs such as material, labor, equipment, subcontracts and to evenly distribute indirect costs such as job overhead, home office overhead, and bonding to the appropriate contract line items. Both parties shall presume that field overhead costs through the proposed contract duration are inclusive in the offered price for the contract.

The Government shall evaluate offers for award purposes based on CLINS or any alternate deduct items as determined by the Government based on the availability of funding.

Each offeror’s price shall be evaluated in accordance with FAR 15.4 to determine reasonableness and evaluate potential performance risks. In this context, each offeror shall include breakdown of item cost (i.e., equipment, materials, labor, disciplines) in order for fair and reasonable pricing to be determined when comparing offered price with the government estimate. This factor shall be evaluated as either reasonable or unreasonable. The offeror who demonstrates the best overall value to the government shall be selected for award.

Definitions Deficiency: A material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

Weakness: A flaw in the proposal that increases the risk of unsuccessful contract performance.

Significant Weakness: A flaw in the proposal that appreciably increases the risk of unsuccessful contract performance.

Strength: Any aspect of a proposal that, when judged against a stated evaluation criterion, enhances the merit of the proposal or increases the probability of successful performance of the contract.

Significant Strength: A significant strength appreciably enhances the merit of a proposal or appreciably enhances the probability of successful contract performance.

Uncertainly: Any aspect of the proposal for which the intent of the offeror is unclear because there may be more than one way to interpret the offer or because inconsistencies in the offer indicate that there may be an error, omission, or mistake.

Deviation: Proposal implies or specifically offers a deviation below the specified criteria. The offeror may or may not have called the deviation to the Government’s attention. A deviation is a deficiency. The proposal must conform to the solicitation requirements for award.

Evaluation Rating System General: The Government shall review the proposals and rate the quality of each evaluation factor and sub-factor (if any). The SSEB shall rate each proposal against the specified evaluation criteria in the Solicitation requirements. They shall not compare proposals. After all proposals are rated, the Government shall determine which proposal in the Government’s estimation, provides the greatest overall benefit in response to the requirement.

Review Write-Up: The Government shall support each rating with a narrative, separately listing all strengths or advantages, weaknesses or disadvantages, deficiencies and required clarifications.

Rating System: After listing proposal strengths, weaknesses and deficiencies, the SSEB shall assign a color rating of “Blue”, “Green”, “Yellow”, “Orange”, or “Red” to each factor and sub-factor, which reflect the Government’s confidence in each offeror’s ability, as demonstrated in its proposal, to perform the requirements stated in the Solicitation. The color ratings shall be assigned using the following criteria, which incorporate a proposal risk assessment:

Blue: Outstanding - A comprehensive and thorough proposal of exceptional merit with one or more significant strengths. Proposal greatly exceeds the contract requirements and has significant strengths and no significant weaknesses or deficiencies. High chance of success.

Green: Excellent - Proposal exceeds the contract requirements. Has strengths and no weaknesses or deficiencies. Offers a substantial chance of success.

Yellow: Satisfactory - Proposal meets the contract requirements and includes minor deficiencies or weaknesses. Has an adequate chance of success.

Orange: Marginal - Proposal marginally meets contract requirements and includes significant weaknesses and deficiencies. Has low probability of success.

Red: Unsatisfactory - Proposal doesn’t meet or satisfy contract requirements. Major weaknesses and deficiencies have no chance to be corrected. Has no chance of success. Rejected in initial evaluation process.

Past Performance Ratings Ratings shall be done for each Past Performance factor. Past Performance Ratings assess the risks associated with each offeror’s likelihood of success in performing the requirements stated in the RFP based on offeror’s demonstrated performance on recent contracts. SSEB members and the SSA may use personal knowledge or information from other sources in its evaluation of an offeror’s past performance, provided such information is consistent with the established evaluation criteria of the RFP. Offeror’s that have no relevant performance record shall be given a “neutral/unknown” rating for these factors.

Blue: Outstanding - Little doubt exists, based upon the Offeror’s performance record, that the Offeror can perform the proposed effort.

Green: Excellent - Some doubt exists, based on the Offeror’s performance record, that the Offeror can successfully perform the proposed effort.

Yellow: Satisfactory - Significant doubt exists, based on the Offeror’s performance record, that the Offeror can successfully perform the proposed effort.

Orange: Marginal - Based on the offeror’s performance record, substantial doubt exists that the offeror shall successfully perform the required effort.

Red: Unsatisfactory - Based on the offeror’s performance record, extreme doubt exists that the offeror shall successfully perform the required effort.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

(End of Provision)

2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of Provision)

2.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the—

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is North Little Rock, AR and Little Rock, AR

(End of Provision)

2.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014) ALTERNATE I (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 shall submit the request with its offer, including the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9.

(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 construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.5 52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

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

(c) The amount of the bid guarantee shall be 20 percent of the bid price or 3,000,000.00, whichever is less.

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

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

(End of Provision)

2.6 52.233-2 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:

Bradley Martin, Contracting Officer

Hand-Carried Address:

Department of Veterans Affairs Chief, A&MM (90C/NLR) Central Arkansas Veterans HCS 2200 Fort Roots Drive, Bldg. 41,Room 200 North Little Rock AR 72114-1706 Mailing Address:

Department of Veterans Affairs Chief, A&MM (90C/NLR) Central Arkansas Veterans HCS 2200 Fort Roots Drive, Bldg. 41,Room 200 North Little Rock AR 72114-1706

(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)

2.7 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— Aug 7, 2019 @ 10:00AM CST & Aug 8, 2019 @ 10:00AM CST

(c) Participants will meet at— Respectively, North Little Rock, AR & Little Rock, AR (End of Provision)

2.8 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)

2.9 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)

2.10 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:

2.11 VAAR 852.236-92 NOTICE TO BIDDERS—ADDITIVE OR DEDUCTIVE BID LINE ITEMS (APR 2019)

(a) Additive or deductive line items in the bid schedule shall be evaluated to determine the low offeror and the items to be awarded. The evaluation shall be made as follows—

(1) Prior to the opening of bids, the Government will determine the amount of funds available for the project.

(2) The low bid shall be the Bidder that—

(i) Is otherwise eligible for award; and

(ii) Offers the lowest aggregate amount for the first or base line item, plus or minus (in the order stated in the list of priorities in the bid schedule) those additive or deductive line items that provide the most features within the funds determined available.

(3) All bids shall be evaluated on the basis of the same additive or deductive line items.

(i) If adding another item from the bid schedule list of priorities would make the award exceed the available funds for all offerors, the Contracting Officer will skip that item and go to the next item from the bid schedule of priorities; and

(ii) Add that next item if an award may be made that includes that line item and is within the available funds.

(b) The Contracting Officer will use the list of priorities in the bid schedule only to determine the low offeror. After determining the low offeror, an award may be made on any combination of items if—

(1) It is in the best interest of the Government;

(2) Funds are available at the time of award; and

(3) The low offeror’s price for the combination to be awarded is less than the price offered by any other responsive, responsible offeror.

(c) Example: ‘‘The amount available is $100,000. Offeror A’s base bid and four additives (in the order stated in the list of priorities in the bid schedule) are $85,000, $10,000, $8,000, $6,000, and $4,000. Offeror B’s base bid and four additives are $80,000, $16,000, $9,000, $7,000, and $4,000. Offeror A is the low offeror. The aggregate amount of offeror A’s bid for purposes of award would be $99,000, which includes a base bid plus the first and fourth additives. The second and third additives were skipped because each of them would cause the aggregate bid to exceed $100,000.’’ (End of Clause)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)

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

(2) The small business size standard is $36.5 Million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(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.