36C25619R0118-001.docx

36C25619R0118

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.

1 of 36C25619R0118 X 08-16-2019 598-19-3-8733-0025 598-18-101 Department of Veterans Affairs Chief, A&MM (90C/NLR) Central Arkansas Veterans HCS 2200 Fort Roots Drive, Bldg. 41, Rm. 208 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, Rm. 208 North Little Rock AR 72114-1706 Renardo Hollowell 501-257-1338 A. Contractor shall furnish all labor, material, tools, equipment, transportation and supervision to remove existing and install new Heating, Ventilation, and Air Conditioning (HVAC) system to repair building 7, slate roof in compliance Arkansas Historic Preservation Program (AHPP) at the JLM VA Medical Center located in Little Rock, AR.

B. Contractor shall use the attached US Department of Labor Wage Determinations AR20190032 dated 5/3/2019 in accordance with the Davis Bacon Act.

C. The magnitude of construction is between $500,000 and $1,000,000 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 25% 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 the Eligibility Requirements found in VAAR 819.7003(c).

F. IMPORTANT: All SDVOSB contractors shall be Center for Veterans 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 August 27, 2019, @ 9:00 am (CST). Meeting will begin in Building 1, Conference Room.

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. Solicitation inquiries deadline is Tuesday, September 3, 2019, at 4:30pm Central.

X X 52.211-10 X one (01) 1:00 pm 09-17-2019 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

See Block 17 continuation sheet for price schedule

598-36X0162-8733-854200-2670 23NR8PC15

X Department of Veterans Affairs Chief, A&MM (90C/NLR) Central Arkansas Veterans HCS 2200 Fort Roots Drive, Bldg. 41, Rm. 208 North Little Rock AR 72114-1706 Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-8972

RENARDO HOLLOWELL

Table of Contents

2.1 CONTINUATION OF SF 1442 BLOCK #17

DESCRIPTION OF WORK: The contractor shall furnish all material, labor, tools, expertise, and supervision to upgrade the HVAC system within the Clean Utility and Soiled Utility rooms; bringing each room into compliance with VHA Joint Commission Standard. The contractor shall conduct a survey of the rooms listed on the attached documents to determine the requirement necessary to bring each room to the desired standard. All work shall be performed at the John L. McClellan (JLM) Medical Center located at 4300 West 7th Street, Little Rock, AR. 72205-5446. All work shall be performed in accordance to the Statement of Work- SOW, project drawings and specifications.

BASIS OF AWARD: A single award will be made on Line Item No. 1 based on available funding. Offerors shall provide a total contract price on the listed line item. The government shall have the right to cancel this procurement in its entirety, should offers exceed acceptable funding limits.

PROJECT DURATION: (240-calendar days) after receipt of Notice to Proceed Description Unit Amount

LINE ITEM NO. 1: Base - Includes all work as indicated on the SOW, drawings and the specifications to upgrade JB $___________________ the HVAC system within the Clean Utility and Soiled Utility rooms; bringing each room into compliance with VHA Joint Commission Standard.

The period of performance is 240-calendar days.

Total Contract Amount: $_________________________

*Offeror shall complete a price breakdown by Specification Divisions as shown on page # 6

CONTINUATION OF SF 1442 BLOCK # 17 CONTINUED

Project: 598-18-101 CLEAN-DIRTY HVAC CONTROL

Date:

SUBTOTAL COST:

GENERAL LIABILITY / INSURANCE:

OVERHEAD & PROFIT:

BOND:

PROJECT TOTAL COST:

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

Bid Bond, Payment and Performance Bonding required. (see SF 1442, Block 10, item c).

2.2 PROPOSAL SUBMISSION INSTRUCTIONS

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, “Cost Proposal, Capability, Past Performance, and Schedule Proposal”. Each attachment must contain a cover sheet with contractor’s overall business name, 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 and provide a price breakdown. Failure to submit proposed prices for ALL bid items and/or the price breakdown will result in the proposal being rejected as nonresponsive without further consideration.

Alternate proposals will NOT be considered. The following documents shall be submitted to the Contracting Officer 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 as indicated above to include Cost Proposal, Capability, Past Performance, and Schedule Proposal” and identified accordingly. All volumes shall be submitted in one (1) original, one (1) paper copy and one (1) copy in pdf format.

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 proposal. 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 at the time proposals are due and at the time of award. Offerors shall have the NAICS code listed on the SF1442 in their CVE certification or will be considered ineligible for award. Offerors must register their business at https://www.vip.vetbiz.va.gov/ and https://www.sam.gov/SAM/ (Previously known as www.ccr.gov) and complete the ORCA. Upon request by the Government, Offerors shall submit a printout of their ORCA.

4. Acknowledgement of ALL Amendments

5. Proof VETS4212 has been filed for 2018.

Technical proposal shall include your firm’s responses to all evaluation factors listed starting on page 10 of the solicitation.

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 Medical Center NCO 16 Contracting, (90C) Rm 208 Attn: Renardo Hollowell 2200 Fort Roots Drive 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 confirmation of delivery via email to renardo.hollowell@va.gov prior to the closing date if the offeror uses FedEx as the mail carrier. 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 Contracting Officer: renardo.hollowell@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.

3.0 INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

All proposals submitted on time and in accordance with provision 52.215-1 will be evaluated for the conformance to all requirements of this solicitation. Any proposal that fails to conform to the requirements of this solicitation will be rejected as nonresponsive.

BASIS FOR CONTRACT AWARD:

SOURCE SELECTION SHALL UTILIZE LOWEST PRICE TECHNICAL ACCEPTABLE (LPTA) METHOD TO SELECT AWARDEE: This is a competitive Request for Proposal (RFP) that represents the best value to the Government conducted under FAR Part 15, Lowest Price Technically Acceptable (LPTA) source selection process. Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors.

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 in response to ALL evaluation factors. Offerors are cautioned to submit sufficient information 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.

Award will be made to the responsible, lowest price technically acceptable offeror that meets or exceeds the acceptability standards for all non-cost factors. Lowest price offer will be determined by the Government by comparison method of all offers received. A single award will be made as described in the Price Offer Schedule that is most advantageous to the Government.

EVALUATION OVERVIEW:

Proposals will be evaluated and ranked according to price, from lowest to highest. The Government reserves the right to evaluate only the technical proposal of the lowest price offeror. Other technical proposals may not be evaluated unless the Government determines the lowest priced offeror to be unacceptable. In the event the Government determines the lowest priced offeror to be unacceptable, the technical proposal of the next lowest price offeror will be evaluated. This process will continue until a technical proposal is determined to be acceptable.

The lowest offeror deemed acceptable in all non-cost factors shall be the apparent awardee.

The Government intends to award a firm-fixed price contract in accordance with all terms, conditions, provisions, and specifications of the solicitation.

3.1 EVALUATION FACTORS

I: COST

Offers shall provide best proposal meeting or exceeding the government requirement and performance period. Price proposals will be evaluated according to price, from lowest to highest. Price will be evaluated 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.

II: TECHNICAL/EXPERIENCE CAPABILITY

1.1 The Technical evaluation factors consist of five separate elements: Cost, Capabilities = Technical/Experience, Past Performance and Schedule. Capability =Technical/Experience proposals will be rated either acceptable or unacceptable. Each element must be rated acceptable to receive an overall acceptable technical rating. Proposals must separately address each sub factor of each element to be considered acceptable.

1.2 Capability =TECHNICAL/EXPERIENCE – Offers shall address the following eight sub-factors in narrative form. Offers that do not describe each topic in enough detail or provide the requested documentation will be rated unacceptable.

1. Provide documentation of specific projects (minimum of three) relating to HVAC and/or construction in a hospital environment; successfully completed or in progress, that was coordinated and performed by the general contractor in the last 5 years of a similar size ($500,000 to $1M), scope and complexity.

2. Contractor shall provide the following information for each contract/project submitted for evaluation:

a. Company Name/Address Phone number/Email Address

b. Project Title

c. Contracting Office/Government Agency

d. Contract Number

e. Total Contract Amount

f. Period of Performance

g. Contracting Officer (CO) name, Phone Number and Email

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

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

3. Demonstrate a clear understanding of your company’s experience and means to meet the critical milestones and critical path related to the SOW, Drawings & Specification related to requirement “Clean-Dirty HVAC Control Room”. Include examples of the company’s management approach addressing time, labor, materials and supervision.

4. Provide a list of key personnel names (i.e. Site Superintendent, Project Manager, [5yrs experience or more] along with a description of the individual’s experience and a list of successfully completed projects (three no more than five) of similar size, scope, and complexity (in a Hospital facility or similar working conditions) within the last 5-years. Include all certifications, licenses, and specialized training such as OSHA’s 30-hour construction safety courses.

5. Contractor shall provide a detailed explanation as to how the project will be implemented and managed through to ensure compliance with all applicable OSHA standards.

6. Provide the means in which your projected performance schedule will be maintained.

7. Provide information about the business or firm’s resource capabilities to ensure successful completion of this project.

8. Provide Experience Modification Rate (EMR) https://safetymanagementgroup.com/emr-experience-modification-rate/

III PAST PERFORMANCE

Past Performance is one indicator of an offeror’s ability to perform the contract successfully and determine responsibility. The Prime Contractor shall coordinate with previous customers to submit to Renardo.hollowell@va.gov a minimum of two no more than four recent and relevant projects completed as the general contractor (See attachment C of solicitation). The Government shall consider the offeror’s past performance based on submitted projects. Recent is defined as a construction project completed within the last 5 years. Relevant is defined as a construction project for a similar type project in size, scope, complexity and value ($500,000 to $1M). The contractor may identify contracts that include Federal, State, and local government and private for efforts similar to the government requirement. The Offerors shall complete the Past Performance Questionnaire (PPQ) listed as attachment C and return it with your proposal to the Contracting Officer. Proposals that do not include a “completed” past performance questionnaire may be considered non-responsive.

In order to be a “completed “past performance questionnaire, the “PPQ” shall include correct phone number, correct email address and all requested information on the Questionnaire Form.

NOTE SUBCONTRACTOR’S CONSENT – Past performance information pertaining to a subcontractor cannot be disclosed to the prime offeror without the subcontractor’s consent. Provide with their proposal, a letter of consent from referenced subcontractors authorizing release of their past performance information for this requirement.

IV SCHEDULE

The Contractor shall submit to the Contracting Officer a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period.

4.0 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)

4.1 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 Little Rock, AR (Pulaski County)

(End of Provision)

4.2 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)

4.3 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)

4.4 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:

Renardo Hollowell Contracting Officer

Hand-Carried Address:

Department of Veterans Affairs Chief, A&MM (90C/NLR) NCO16 Contracting, Bldg. 41 Room 208 2200 Fort Roots Drive North Little Rock AR 72114-1706

Mailing Address:

Department of Veterans Affairs Chief, A&MM (90C/NLR) NCO16 Contracting, Bldg. 41 Room 208 2200 Fort Roots Drive 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)

4.5 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— August 27, 2019 at 9:00 am (CST)

(c) Participants will meet at— CAVHS, Building 1, Engineering Conference Room (End of Provision)

4.6 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)

REPRESENTATIONS AND CERTIFICATIONS

4.7 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. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

(vii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

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

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

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

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

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

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

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

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

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

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

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

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.

(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.

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

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

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

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

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

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

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

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

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

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

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

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

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

[](vii) 52.227-6, Royalty Information.

[](A) Basic.

[](B) Alternate I.

[](viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of Provision)

4.8 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision— "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

"Federal contracts and grants with total value greater than $10,000,000" means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of Provision)

4.9 52.209-13 VIOLATION OF ARMS CONTROLS TREATIES OR AGREEMENTS—CERTIFICATION (JUN 2018)

(a) This provision does not apply to acquisitions below the simplified acquisition threshold or to acquisitions of commercial items as defined at FAR 2.101.

(b) Certification. [Offeror shall check either (1) or (2).]

(1) The Offeror certifies that—

(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President’s or Secretary of State’s determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available via the internet at https://www.state.gov/t/avc/rls/rpt/;and

(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President’s or Secretary of State’s determination that a foreign country is in violation of its obligations…