36C25619R0152-050.docx

36C25619R0152 Section E

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.

36C25619R0152 X 11-07-2019 598-391 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 Jack Caperton 501-257-1067 A. Contractor shall furnish all supervision, labor, materials, tools, and equipment for the Corrective Action for OR 2F All work shall be conducted at the Central Arkansas Veterans Hospital in Little Rock, AR

B. Contractor shall use the enclosed US Department of LaborWage Determination AR20190032 08/09/2019 in accordance with the Davis Bacon Act.

C. The magnitude of construction is between $250,000 and $500,000. Bid bonds, payment, and performance bonds will be required.

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

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 toperform a minimum of 15.7% of the construction work on the project. This does not include paperwork, submittals, etc. The SDVOSB must be small under the relevant NAICS code.

Bidders submitting bids under a Joint Venture shall submit a copy of their Joint Venture agreement with their bid.

Joint Ventures shall comply with VA IL 049-06-4 found at http://www.va.gov/oal/docs/library/ils/il06-4.pdf

F. IMPORTANT: All SDVOSB contractors shall be Center for Veterans Enterprise (CVE) verified in order to receive contract award. Visit the following website for more information: HTTP://WWW.VA.GOV/OSDBU/VETERAN/VERIFICATION.ASP

G. All interested offerors are strongly encouraged to reviewsection "Instructions to Offerers" for required documents to be submitted with bids.

I. Site visit is scheduled for November 12, 2019, at 2 pm CST. We will meet at John L. McClellan Healthcare System, Red Atrium.

x x 52.211-10 X 12-10-2019 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 Brad Martin Contracting Officer

Table of Contents

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: Jack Caperton, Contract Specialist 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 Jack.Caperton@va.gov and Bradley.Martin@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: jack.caperton@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.

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INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFEROR

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PROPOSAL INFORMATION AND RELATED EVALUTION FACTORS, SUBFACTORS AND ELEMENTS

VOLUME I, TECHNICAL CAPABILITY (1 Original & electronic version): VOLUME I is obtained for the purpose of evaluation Performance Capability to include sub-factors and Past Performance as shown in table below.

See table below to summarize how to submit a proposal.

Factor I

Sub-Factor 1

Tab C

ReqDocs.doc/pdf

Complete in its entirety the “Offeror” portion of the Standard Form (SF) 1442. An official having the authority to contractually bind your company must sign the SF 1442 in accordance with FAR 4.102. One copy of the SF 1442 is required to have an original signature. Offerors shall provide all price information necessary to provide a meaningful basis for Government’s analysis and evaluation of price for the project set forth in Evaluation of Proposals and Basis for Award of this solicitation. The Government is not, and does not intend on, requesting certified cost or pricing data. Detailed requirements follow:

Insert the prices associated with the project in the Schedule.

Include an introductory page, Volume II, to include points of contact, authorized negotiators, contact phone, facsimile numbers and email addresses.

VOLUME 1 – FACTOR 1 – TECHNICAL

Volume I -Tab A – Sub-Factor 1- Capability - 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 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 recent (within last 5 years) 3 years 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 will 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 & PRESENT PERFORMANCE QUESTIONNAIRE for all the projects listed by offeror and submitted using EXHIBIT B PAST PERFORMANCE RELEVANCY. 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 , shall include a correct phone number, a correct email address and all requested information on the Past Performance Relevancy 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 Jack.Caperton@va.gov. The subject line shall state Contract No., Name of Project 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 Submit the properly filled out and executed SF1442, along with the CLIN Schedule, containing line item, total pricing, cost breakdown, sub-contractors & all disciplines on Price/Cost Schedule. Price proposals will be ranked according to price, from lowest to highest. Price will be evaluated to ensure price reasonableness, unbalanced pricing, and determine availability of funds. The government may use various price analysis techniques and procedures to make a price reasonableness determination.

Include an itemized cost estimate breakdown with your priced proposal (e.g. direct labor – sheet metal worker, engineer, direct material/equipment costs, demo, electrical, plumbing, HVAC, commissioning, other costs, overhead, G&A, profit and list discipline sub-contractors for each) Price proposals will be evaluated for unbalanced pricing in accordance with FAR 15.404-1(g).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.

EVALUATION OF PROPOSALS

In accordance with the Guidelines and Instructions to Offerors – Competitive Acquisition provision of this solicitation (FAR 52.215-1 Instruction to Offerors-Competitive Acquisition), the Government intends to evaluate proposals and award a contract without discussions with offerors. The Government intends to award a single contract to the offeror deemed responsible in accordance with the Federal Acquisition Regulation (FAR) whose proposal conforms to the RFP’s requirements and judged to represent the Best Value to the Government. The Best Value is the most beneficial (advantageous) offer, price and other factors considered, and consistent with the Government’s stated importance of evaluation criteria. This may result in award being made to a higher-rated, higher-priced offeror where the Contracting Officer determines that the Technical Evaluation of the higher-priced offeror outweighs the cost difference. To arrive at a Best Value decision, the Source Selection Evaluation Team (SSEB) shall integrate the evaluation of Technical Capability, Experience, Quality, Past Performance, and Price and Proposed Contract Duration/Summary Schedule. While the Government and the SSEB shall strive for maximum objectivity, the evaluation process, by its nature, is subjective and therefore, professional judgment is implicit throughout the entire evaluation process.

As such, offerors are encouraged to provide their best possible pricing initially as Final Proposal Revisions may not be requested. However, the Government reserves the right to request clarifications and/or conduct discussions if determined by the Contracting Officer to be in the best interest of the Government at any time leading up to contract award.

Award of a contract shall be made in accordance with FAR 15.304, all non-price factors, when combined, are significantly more important than Cost/Price; however, the offeror who demonstrates the best overall value to the government shall be selected. This process permits tradeoffs among cost or price and non-cost factors and allows the Government to accept other than the lowest priced proposal. Technical Experience is the most important non-priced factor. The 2nd most important non-priced factors are Past Performance. Within the technical factors, the technical sub-factors are listed with relative importance identified.

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

(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:

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—

12-13-2019 2:00 PM LST

(c) Participants will meet at— John L. McClellan Memorial Veterans Hospital (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)

PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:

Or for solicitations issued by the Office of Construction and Facilities Management:

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (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 applies 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, Biobased 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 Biobased 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.

3.2 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 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).