36C25620R0055.docx

36C25620R0055

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.

Of 36C25620R0055 X 06-16-2020 586-18-103 Department of Veterans Affairs Network Contracting Office 16 715 S. Pear Orchard Road Ridgeland MS 39157 Department of Veterans Affairs Network Contracting Office 16 Michael E. DeBakey VA Medical Center 2002 Holcombe Blvd.

Houston TX 77030 John Moua

(713) 794-8548 A. Contractor shall furnish all labor, material, tools, equipment, transportation and supervision to Renovate 1st Floor CLC at The G.V. (Sonny) Montgomery VAMC (GVMVAMC) located at 1500 E. Woodrow Wilson Dr., Jackson, MS. 39216.

B. Contractor shall use the attached US Department of Labor Wage Determinations MS20200051 in accordance with the Davis Bacon Act.

C. The magnitude of construction is between $5,000,000 and $10,000,000 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 $39.5 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 Tuesday, June 30, 2020 at 10:30am CST. Meeting will be held at FMS Office RM I101 on the GVMVAMC Campus at 1500 E.Woodrow Wilson Dr., Jackson, MS. 39216.

No questions will be answered during the site visit.

H. Questions/inquires shall be submitted in writing to John.Moua@va.gov by July 7, 2020, no later than 11:00am CST.

Questions/inquires submitted after the prescribed date and time will not be considered.

I. 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.

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 the cost of each deduct.

x x 52.211-10 X four (4)

10:00 AM CST

07-21-2020 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 Network Contracting Office 16 715 S. Pear Orchard Road Ridgeland MS 39157 Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971

Table of Contents

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Base work: Contractor shall provide all material, labor and equipment for the renovation specified per the statement of work (SOW), specifications, drawings and related documents.

Deduct 1: Remove residential appliances.

Deduct 2: Change Porcelain tile (PT-1) to Armstrong Luxury Vinyl tile (LVT-2).

Deduct 3: Remove security systems equipment scope of work.

Deduct 4: Remove door access controls equipment scope of work.

Deduct 5: Change automatic flush valves to manual flush valves.

Deduct 6: Remove Patient Lift System scope of work.

Deduct 7: Remove Pneumatic Tube System scope of work.

Page 1 of

CONTINUATION OF SF 1442 BLOCK # 17 CONTINUED

Project: Renovate 1st Floor CLC, Jackson MS

Date:

SUBTOTAL COST:

GENERAL LIABILITY / INSURANCE:

OVERHEAD & PROFIT:

BOND:

PROJECT TOTAL COST:

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

1. 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, “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 including deducts and submit a completed divisions sheet. 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 formatted as follows:

1. Two-sided (meaning printed on front and back side of page)

2. 12-point font, in a legible font style

3. Single-space

4. 20 pages maximum (meaning physical paper) for Technical Proposal

5. No page limit for Price Proposal

6. No page limit for Past Performance

The proposal shall be arranged in the following order:

1. Vol I: Technical Proposal, Vol II: Past Performance, Vol III: Price Proposal.

2. 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.betaSAM.gov for amendments to this solicitation if any and acknowledge them in accordance with the requirements stipulated in this solicitation and amendments.

3. 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.

4. 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.

5. Acknowledgement of ALL Amendments

6. Proof VETS 100 has been filed for 2019 / 2020

7. 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 Network Contracting Office 16 Michael E. DeBakey VA Medical Center Attn: John Moua, Contract Specialist Mail Code 90C, RM 4B-313 2002 Holcombe BLVD.

Houston, TX. 77030

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 Benjamin.DuFour@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.betaSAM.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.

1.1. BASIS FOR CONTRACT AWARD:

This is a competitive Request for Proposal (RFP) that represents the best value to the Government conducted under FAR Part 15.101-1, Tradeoff Procedure.

The government intends to evaluate proposals and award a contract without discussions with offerors unless holding discussion is determined by the Source Selection Authority (SSA) to be in the best interest of the government. All offerors are encouraged to provide their best proposal upfront. There is no guarantee that discussions will be held. 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 Firm-Fixed Price Tradeoff Procedure. All evaluation factors other than cost or price, when combined, are significantly more important than cost or price. An award will be made to the most highly qualified offeror whose proposal yields the best technical qualities and experiences that ensures the project runs smoothly; and whose price is fair and reasonable, reflecting fair market value and when combined resulted in the overall best value to the government. The Government reserves the right to accept other than the lowest priced offer or to reject all offers as listed in this solicitation. The Government shall not award a contract to an Offeror whose proposal contains a deficiency, as defined in FAR 15.001. If there is a lower priced, conforming offer(s), the SSA will decide on whether the added value of a more expensive proposal would justify award to that offeror.

The Government reserves the right to limit, for purposes of efficiency, the number of proposals in the competitive range to the greatest number that shall permit an efficient competition among the most highly rated proposals (10 U.S.C.2305(b)(4) and 41 U.S.C. 253b(d)). If the SSA decides that an offeror’s proposal should no longer be included in the competitive range, the proposal shall be eliminated from consideration for award and written notice of the decision shall be provided to the unsuccessful offeror in accordance with FAR 15.503.

VOLUME 1 – FACTOR 1 – TECHNICAL ACCEPTABILITY

Technical Acceptability/Technical 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. 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.

Subfactor: 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/Nursing Home 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.

Subfactor: 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 provide a preliminary schedule and 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 their technique(s) for maintaining quality control for workmanship.

Subfactor: Management Approach – Offers shall provide a list of all ongoing projects within their company. The list shall include dollar value, contract completion date, current completion date or projected completion date, construction bonding level per contract and aggregate construction bonding level (expressed in dollars), current projects against their aggregate bonding, and percentage of completion on current projects.

(1) Contractor shall provide detailed management plan of how they intend to keep the project on budget.

(2) Contractor shall provide detailed management plan of how they intend to keep the project on time given all other contractual obligations.

(3) If a projected completion date or completion date differs from the original contract completion date as contracted, the contractor shall provide a detailed explanation of the situation and their course of action to meet their contractual obligations.

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

(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 to arrive not later than the closing date/time for receipt of proposals shown on the SF1442. Completed questionnaires shall be sent via email to john.moua@va.gov. The email subject line shall state “‘36C256-20-R-0055 – Renovate 1st CLC at G.V. (Sonny) Montgomery VAMC 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.

VOLUME 2 - PRICE

Proposals are to contain price on the CLIN Schedule, containing line item, total pricing, cost breakdown, sub-contractors & disciplines on Price Schedule. Price will be evaluated per FAR 15.305(a)(1). The government may use various price analysis techniques and procedures to make a price reasonableness determination.

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

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 price (i.e., equipment, materials, labor, disciplines) 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.

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 Jackson, MS

(End of Provision)

2.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American—Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

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

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

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

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.5 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:

Benjamin DuFour, ContractingOfficer John Moua, Contract Specialist

Hand-Carried Address:

Department of Veterans Affairs Network Contracting Office 16 Michael E. DeBakey VA Medical Center 2002 Holcombe BLVD Houston TX 77030

Mailing Address:

Department of Veterans Affairs Network Contracting Office 16 Michael E. DeBakey VA Medical Center 2002 Holcombe BLVD Houston TX 77030

(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— June 30, 2020 @ 10:30AM CST

(c) Participants will meet at— GVMVAMC, FMS Office RM I101 (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 52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.

(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.

(End of Provision)

2.10 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) Prime contractors are encouraged to assist service-disabled veteran-owned and veteran-owned small business potential subcontractors in obtaining bonding, when required. Mentor firms are encouraged to assist protégé firms under VA's Mentor-Protégé Program in obtaining acceptable bid, payment, and performance bonds, when required, as a prime contractor under a solicitation or contract and in obtaining any required bonds under subcontracts.

(End of Clause)

2.11 VAAR 852.232-70 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS– CPM) (NOV 2018) The clause FAR 52.232–5, Payments Under Fixed-Price Construction Contracts, is implemented as follows:

(a) Retainage.

(1) The Contracting Officer may retain funds—

(i) Where performance under the contract has been determined to be deficient or the Contractor has performed in an unsatisfactory manner in the past; or

(ii) As the contract nears completion, to ensure that deficiencies will be corrected and that completion is timely.

(2) Examples of deficient performance justifying a retention of funds include, but are not restricted to, the following—

(i) Unsatisfactory progress as determined by the Contracting Officer;

(ii) Failure to meet schedule in Schedule of Work Progress;

(iii) Failure to present submittals in a timely manner; or

(iv) Failure to comply in good faith with approved subcontracting plans, certifications, or contract requirements.

(3) Any level of retention shall not exceed 10 percent either where there is determined to be unsatisfactory performance, or when the retainage is to ensure satisfactory completion. Retained amounts shall be paid promptly upon completion of all contract requirements, but nothing contained in this paragraph (a)(3) shall be construed as limiting the Contracting Officer’s right to withhold funds under other provisions of the contract or in accordance with the general law and regulations regarding the administration of Government contracts.

(b) The Contractor shall submit a schedule of cost to the Contracting Officer for approval within 30 calendar days after date of receipt of notice to proceed. Such schedule will be signed and submitted in triplicate. The approved cost schedule will be one of the bases for determining progress payments to the Contractor for work completed. This schedule shall show cost by the work activity/event for each building or unit of the contract, as instructed by the resident engineer.

(1) The work activities/events shall be subdivided into as many sub-activities/events as are necessary to cover all component parts of the contract work.

(2) Costs as shown on this schedule must be true costs and the resident engineer may require the Contractor to submit the original estimate sheets or other information to substantiate the detailed makeup of the schedule.

(3) The sums of the sub-activities/events, as applied to each work activity/event, shall equal the total cost of such work activity/event. The total cost of all work activities/events shall equal the contract price.

(4) Insurance and similar items shall be prorated and included in the cost of each branch of the work.

(5) The cost schedule shall include separate cost information for the systems listed in the table in this paragraph (b)(5). The percentages listed in the following table are proportions of the cost listed in the Contractor’s cost schedule and identify, for payment purposes, the value of the work to adjust, correct and test systems after the material has been installed. Payment of the listed percentages will be made only after the Contractor has demonstrated that each of the systems is substantially complete and operates as required by the contract.

VALUE OF ADJUSTING, CORRECTING, AND TESTING SYSTEM

(c) In addition to this cost schedule, the Contractor shall submit such unit costs as may be specifically requested. The unit costs shall be those used by the Contractor in preparing its bid and will not be binding as pertaining to any contract changes.

(d) The Contracting Officer will consider for monthly progress payments material and/or equipment procured by the Contractor and stored on the construction site, as space is available, or at a local approved location off the site, under such terms and conditions as the Contracting Officer approves, including but not limited to the following—

(1) The materials or equipment are in accordance with the contract requirements and/or approved samples and shop drawings;

(2) The materials and/or equipment are approved by the resident engineer;

(3) The materials and/or equipment are stored separately and are readily available for inspection and inventory by the resident engineer;

(4) The materials and/or equipment are protected against weather, theft and other hazards and are not subjected to deterioration; and

(5) The Contractor obtains the concurrence of its surety for off-site storage.

(e) The Government reserves the right to withhold payment until samples, shop drawings, engineer’s certificates, additional bonds, payrolls, weekly statements of compliance, proof of title, nondiscrimination compliance reports, or any other requirements of this contract, have been submitted to the satisfaction of the Contracting Officer.

(f) The Contracting Officer will notify the Contractor in writing within 10 calendar-days of exercising retainage against any payment in accordance with FAR clause 52.232–5(e). The notice shall disclose the amount of the retainage in value and percent retained from the payment, and provide explanation for the retainage.

(End of Clause)

2.12 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:

2.13 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…