36C25622R0127 Water Tank Pump.docx

36C25622R0117

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 ___10______ 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.

36C25622R0127

X

598-22-4-8847-0003

598-22-157

Department of Veterans Affairs Veterans Health Administration Network Contracting Office 16 2575 Keystone Crossing Fayetteville AR 72703 Department of Veterans Affairs

SEE INSTRUCTIONS TO OFFERORS

Andrew Misfeldt andrew.misfeldt@va.gov A. This project is to replace the water tower pump on site and follow all specifications in the SOW unless officially modified. Contractor will be responsible for all labor, materials, transportation, special equipment and must meet the specifications required. All work shall be performed per the contract specifications, drawings and attached documents herein.

B. Contractor shall use the attached Us Department of Labor Wage Determination in accordance with the Davis Bacon Act.

C. The magnitude of construction is between $100,000 and $250,000 per FAR 36.204 and VAAR 836.204. Bid bonds, payment bonds and performance bonds are required.

D. NACIS 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 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 Center for Verification and Evaluation (CVE) verified with the assigned NAICS code in order to receive contract award. Visit the following website for more information:

information: https://www.vip.vetbiz.va.gov/

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

H. Deadline for solicitation inquires is 7/29/2022 by 1000 AM CST. Questions shall be emailed to Andrew.Misfeldt@va.gov

I. An organized pre-proposal site visit is scheduled for 7/18/22 at 1000 AM CST.

J. All RFP documents must be emailed to andrew.misfeldt@va.gov prior to the deadline in block 13.

X

52.211-10 X

See Instructions

1000 AM

CDT

07-29-2022

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 Veterans Healthcare System of the Ozarks Network Contracting Office 16 2575 Keystone Crossing Fayetteville AR 72703

FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 invoice must be submitted electronically 1-877-489-6135

Table of Contents

A.3 PRICE/COST SCHEDULE

The Base Offer for CLIN 0001 includes all materials, labor, equipment, and supervision to Complete the project as stated by the attached specifications. All work shall meet code and be performed in accordance with the contract and any applicable drawings and specifications.

The government intends to make a single award on the Base Bid, CLIN 0001 without discussions to the offeror whose proposal conforms to the solicitation requirements and is determined to be the lowest price technically acceptable in accordance with Federal Acquisition Regulation (FAR) Part 15. The Government reserves the right to cancel this action is in its entirety or to reject any or all offers if such action is in the Government's best interest.

PERIOD OF PERFORMANCE – 120 CALENDAR DAYS AFTER RECEIPT OF NOTICE TO PROCEED.

CLIN 0001: BASE OFFER ITEM - GENERAL CONSTRUCTION: The Contractor shall provide all labor, equipment, materials, testing, site investigations, supervisory, and professional services to perform all work associated with replacing the water tower pump and completing all the

CLIN 0001, Base Bid – General Construction: $______________________________ ** Offeror shall complete a price breakdown by Specification Divisions for CLIN 0001

ITEM INFORMATION

GENERAL REQUIREMENTS

SITEWORK PREP

VALVES/PIPES

PUMP

DESIGN FOR CONNECTIONS

TANK DEPTH GAUGE

SPECIALTIES

ELECTRICAL

SPECIAL CONSTRUCTION

PLUMBING

HEAT TRACE/WEATHER SEALING

General Liability Insurance Overhead and Profit Bond

Page 1 of Page 1 of

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

(a) All offer materials will be posted on https://beta.sam.gov/ (System for Award Management). No hard copies will be available.

(b) An offer guarantee is required in an amount not less than 20 percent of the offer price but shall not exceed $250,000. Failure to furnish the required offer guarantee in the proper form and amount, by the time set for opening of offers, will require rejection of the offer in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then.

(c) The offeror to whom award is made will be required to furnish two bonds, a Performance Bond, SF 25, and a Payment Bond, SF 25A, each in the penal sum of 100% of the award amount.

(End of Clause)

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

GENERAL PROPOSAL INFORMATION

GENERAL PROPOSAL INFORMATION

Project: 598-22-157 – Water Tank Pump Issuing Office: NCO 16 Location of Project: Veterans Medical Center, Little Rock, AR Point of Contact: Andrew Misfeldt, Contract Specialist, NCO 16 E-mail: Andrew.misfeldt@va.gov

a. Service-Disabled Veteran-Owned Small Business Verification: This action is a 100% set aside for verified Service Disabled Veteran Owned Small Businesses (SDVOSB). The award of this solicitation shall not be delayed due to loss of SDVOSB verification. Proposals submitted by non-verified SDVOSB shall be excluded from award consideration. Offerors must be registered and verified as a SDVOSB in the VetBiz.gov Vendor Information Pages (VIP) at http://www.vetbiz.gov/. Offerors received from contractors who are not verified as a SDVOSB in VetBiz at the time of offer submission and at the time of contract award will be considered non-responsive and will not be considered for award.

b. SYSTEM FOR AWARD MANAGEMENT (SAM): SAM has replaced the Central Contractor Registration (CCR), Online Representations and Certifications Application (ORCA) and the Excluded Parties List System (EPLS). Federal Acquisition Regulations require that federal contractors register in the SAM database at https://www.sam.gov and enter all mandatory information into the system. Award cannot be made until the contractor has registered. Offerors are encouraged to ensure that they are registered in SAM prior to submitting their bid. Completion of Representations and Certifications shall consist of completion of annual representations and certifications electronically via SAM. It is not necessary to complete and return as a part of the offer package FAR 52.204-8, Annual Representations and Certifications, contained in this solicitation unless offeror identifies changes in FAR 52.204-8(d).

c. VETS-4212: Title 38, USC Section 4212(d) and Public Law 105-339, requires that federal contractors report, at least annually, the number and category of veterans who are within their workforce. This VETS-4212 report can be submitted per the instructions at https://www.dol.gov/agencies/vets/programs/vets4212. For assistance contact VETS-4212 customer support at 1-866-237-0275 or vets4212-customersupport@dolncc.dol.gov. For procurement awards in excess of $150,000, this report must be completed and accepted prior to any Federal contract award. Therefore, all potential contractors are encouraged to file every year.

d. Past Safety Record: VHA DIRECTIVE 2011-036 SAFETY AND HEALTH DURING CONSTRUCTION requires that Contracting Officers evaluate and consider past safety records of prospective contractors in awarding contracts. OFFERORS SHALL SUBMIT CONTRACTOR EVALUATION FORM CONSTRUCTION SAFETY AS A PART OF THE OFFER PACKAGE.

All offerors shall submit information pertaining to their past Safety and Environmental record using the attached Contractor Safety Form. The information must show that the offeror has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA violation(s) in the past three years. If those totals are exceeded, the offeror shall attach an explain why and submit as much information as possible regarding the circumstances of its past safety and environmental record, including the number of EPA violations and/or the number of serious, repeat, and/or willful OSHA violations, along with a detailed description of those violations.

All offerors shall submit information regarding their current Experience Modification Rate (EMR). This information shall be obtained from the offeror’s insurance carrier and be furnished on the insurance carrier’s letterhead. If an offeror’s EMR is above 1.0, offeror must attach a written explanation of the EMR from its insurance carrier furnished on the insurance carrier’s letterhead, describing the reasons for the EMR, and the anticipated date the EMR may be reduced to 1.0 or below.

Self-insured contractors or other contractors that cannot provide their EMR rating on insurance letterhead must obtain a rating from the National Council on Compensation Insurance, Inc. (NCCI) by completing/submitting form ERM-6 and providing the rating on letterhead from NCCI. Note: Self-insured contractors or other contractors that cannot provide EMR rating on insurance letterhead from the states or territories of CA, DE, MI, NJ, ND, OH, PA, WA, WY, and PR shall obtain their EMR rating from their state run worker’s compensation insurance rating bureau.

If the NCCI cannot issue an EMR because the offeror lacks insurance history, offeror shall submit a letter indicating so from its insurance carrier furnished on the insurance carrier’s letterhead, and include a letter from the NCCI indicating that is has assigned offeror a Unity Rating of 1.0.

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

The above information, along with other information obtained from Government systems, such as the OSHA and EPA online inspection history databases, will be used to make an initial Determination of Responsibility.

OFFERORS WHO FAIL TO SUBMIT THE REQUIRED INFORMATION AS A PART OF THEIR PROPOSAL PACKAGE WILL BE EXCLUDED FROM AWARD CONSIDERATION IF AWARD IS MADE WITHOUT DISCUSSIONS.

e. Site Visit: An organized site visit is scheduled as shown in clause 52.236-27. Only one site visit will be conducted. Attendance at the site visit is not mandatory, but highly suggested for proper proposal preparation. Information provided at the site visit shall not alter the terms and conditions of the solicitation and specifications. Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing.

f. Requests for Information (RFIs): RFI’s are due no later than (NLT) 1000 AM CDST Time 22 July 2022 or as amended and will not be accepted after this date. RFI’s should be submitted by email to the Contract Specialist, at andrew.misfeldt@va.gov. Responses will be provided by amendment to the solicitation in a question and answer format within 7 days of RFI submission due date. Example: Subject Line of the RFI e-mail should be as follows: Company Name, RFI #1, 36C256-22-R-0127 and Project Title.

g. Proposal Due Date: Proposals are due NLT the date/time shown in Block 13a of Standard Form (SF) 1442. All proposals will be submitted by email to andrew.misfeldt@va.gov.

h. Magnitude of Construction: Pursuant to VAAR 836.204 the magnitude of construction is between $100,000.00 and $250,000.00.

i. North American Industry Classification (NAICS) code: The applicable NAICS code for this procurement is 236220 Construction. The Small Business size standard is $39.5 Million.

j. Wage Determination (WD): The applicable Davis Bacon WD for this solicitation is incorporated as an attachment to this solicitation.

k. Period of Performance: The successful offeror shall begin performance within 10 calendar days after receiving the notice to proceed and complete all work within the time specified in the award. All punch list items must be completed during the established period of performance.

l. Funding: Award is contingent upon the availability of appropriated funds. The Government does not compensate vendors for proposal development and submission.

m. Superintendence: The offeror shall provide, from his own staff, a competent 30 hour OSHA certified superintendent. This individual shall be 100% full time dedicated to supervision and assigned to this project while work is being performed on site. The offeror shall not divide or split up their superintendence duties among multiple projects at the same facility. Each project stands alone and requires a dedicated superintendent to be allocated and funded to that particular project.

n. Holidays: The following federal holidays are observed:

Any other holiday proclaimed by the President as a Federal Holiday.

When a holiday falls on a Sunday, the following Monday will be observed as a legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed by U.S. Government agencies.

o. Contractor Performance Assessment Reporting System (CPARS):

Upon completion of contract performance and annually if performance is longer than 365 days, the Contracting officer will evaluate contractor performance for use in future contract award decisions. The Contractor shall be provided an opportunity to comment on the contracting officer’s evaluation. If you wish to familiarize yourself with this system, you can find it at https://www.cpars.gov/.

The government retains the evaluations, contractor responses, and review comments, if any, as part of the contract file. The evaluations are available for Federal Agencies for support of future award decisions through CPARS.

The contractor must provide the contracting officer with the name and email address of the contractor CPARS POC. This is the person responsible for responding to these evaluations. This person will be granted access to CPARS during the award and assigned the system role of contractor representative (CR).

STATEMENT OF WORK (SOW)

1. SEE ATTACHED STATEMENT OF WORK for the Water tower pump replacement.

A. The General Contractor (GC) is responsible for ensuring that the specifications are tailored to the specific requirements of the project and are compatible with the current contract provision.

B. GOVERNMENT FURNISHED INFORMATION

The following is a list of government furnished information found on the VA’s Technical Information Library website (http://www.cfm.va.gov/TIL/) to be used for this project, as applicable. Sections named on (5.1.02.A) are within below VA standards.

· VA Physical Security and Resiliency Design Manual

2. PERIOD OF PERFORMANCE

The project start date shall be within ten days after notice to proceed work. If lead time is needed for material the request needs to be brought up during Pre-Construction meeting or before. The period of performance for construction is 120 days. If for any reason a deliverable cannot be delivered as scheduled, the Contractor is required to submit a request for a time extension to the Contracting Officer and the COR. The request must include the reason(s) for the delay, the impact on the overall project, and the impact on the cost of the project. The Contracting Officer will consider each request based on its merits and will, if approved, issue a modification to the contract. The Contractor is required to proceed as originally scheduled until such modification is issued. The Contracting Officer is the only official authorized to make changes to the contract.

3. TYPE OF CONTRACT

This is a firm fixed price contract.

4. COR Authority In no event is the COR empowered to change any of the terms and conditions of the contract. All changes, to any section of this contract, shall be made only by the Contracting Officer pursuant to a properly executed modification. The types of actions within the purview of the COR’s authority are to ensure that the Contractor performs the technical requirements of the contract, and to notify the Contracting Officer of any deficiencies observed. A Letter of Designation shall be issued to the COR and a copy shall be sent to the Contractor at the time of contract kickoff meeting or post-award conference setting forth in full the responsibilities and limitations of the COR.

5. CONTRACT AWARD MEETING

The Contractor shall not commence performance on this contract until the Government has received submittals and acceptance by the COR, conducted a contract kickoff meeting, post-award conference or the COR has advised the Contractor that a kickoff meeting is waived.

6. CHANGES TO REQUIREMENT

Any changes to this solicitation shall be approved through written correspondence from the Contracting Officer.

7. SPECIAL CONSIDERATION

All contractors and visitors are required to adhere to Central Arkansas Veterans Healthcare System (CAVHS) Masking requirements:

· Contractors shall wear FDA approved facemask over their mouth and nose while in any CAVHS building.

· Daily healthcare screening is required before entrance to VA facilities due to COVID-19.

· No one with a cold or flu like symptoms will be allowed on VA property. In the event that symptoms occur while on site, the contractor will notify the COR immediately. The individual(s) maybe required to be COVID tested and quarantine until released by Infection Control to return to site.

PROPOSAL PREPARATION AND EVALUATION INFORMATION

This part describes the precise mechanism for evaluating and selecting offers for this procurement for:

PROJECT NO. 598-22-157 Water Tower Pump Project To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Proposals must be complete, self-sufficient, and respond directly to the requirements of this solicitation. Offerors are required to meet all solicitation requirements. The Government reserves the right to make a final determination on a proposal’s acceptability/ unacceptability solely on the basis of the proposal submitted and to proceed without requesting additional information. Failure to meet a requirement may result in an offer being removed from consideration for award.

Offeror’s proposal should contain the offeror’s best terms from a price standpoint. Offerors are cautioned to submit sufficient information and in the format specified in the proposal instructions. 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 or discussions.

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. The offeror shall submit two (2) separate proposals: Price and Technical/Past Performance and identified accordingly.

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 Contract Opportunities 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 and have an active account in SAM. 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 2021

6. Experience Modification Rate (EMR) Proposals shall be submitted via email to andrew.misfeldt@va.gov and copied to Robert.arabie@va.gov no later than the closing date and time of the solicitation. The subject of the email must include: “36C25622R0127 - 598-22-157 – Water Tower Pump”. Hard copies of Bid Bonds must 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:

Veterans Health Care System of the Ozarks Network Contracting Office 16 Attn: Andrew Misfeldt 1100 N. College Ave Fayetteville, AR 72703

It is solely the responsibility of the offerors to ensure the Government receives the proposal and bid bond before or on the exact due date and time set forth in this solicitation.

All inquiries about this solicitation shall be directly submitted in writing via email to the Contract Specialist: andrew.misfeldt@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 Beta.SAM Contract Opportunities. All interested offerors including those submitting inquiries are required to monitor the above website for any posted amendments and acknowledge them in accordance with the instructions provided in the amendments as well as in this solicitation.

BASIS FOR CONTRACT AWARD:

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.

SOURCE SELECTION USING THE LOWEST PRICE TECHNICALLY ACCEPTABLE PROCESS (LPTA): 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 from a price and technical standpoint. Offerors are cautioned to submit sufficient information and in the format specified in the instructions to offerors section of this solicitation. Communication conducted to resolve minor or clerical errors would not constitute discussions and the Contracting Officer reserves the right to award a contract without the opportunity for proposal revisions. There will be no public bid opening.

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.

PRICE EVALUATION:

Price proposals will be evaluated and ranked according to price, from lowest to highest. Price will not be evaluated other than to ensure price reasonableness. The Government may use various price analysis techniques and procedures to make a price reasonableness determination. Note: Offers that are not technically acceptable cannot be selected, regardless of price. Offerors submitting price proposals in response to this solicitation do so with the complete and full understanding that the Government reserves the right to publicly announce the total contract award amount.

PAST PERFORMANCE:

Past performance will be rated in accordance with FAR 15.305 utilizing CPARS reports. In addition, pursuant to FAR 9.103 prescribing that purchases shall be made from, and contracts shall be awarded to, responsible prospective contractors only, the Government will perform the determination of responsibility on the apparently lowest offeror whose proposal is deemed technically acceptable. The Government’s determination of responsibility will be performed in accordance with FAR 9.1 and will include but not limited to the review of all federal excluded or debarred lists from different U.S. departments, and from the Federal Awardee Performance and Integrity Information System (FAPIIS), available at www.ppirs.gov. Since this solicitation is set aside 100% for Service-Disabled Veteran-Owned Small Business (SDVOSB), the Government will refer the matter to the Small Business Administration which will decide whether to issue a Certificate of Competency if the Government deems a potential SDVOSB awardee non-responsible.

TECHNICAL EVALUATION:

The Technical evaluation factors consist of two separate elements: Experience and Performance Schedule. Technical proposals will be judged on a ‘pass/fail’ basis. Each element must receive a ‘pass’ in order for the proposal to be deemed technically acceptable.

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 52.219-27 NOTICE OF SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (SEP 2021)

(a) Definition. "Service-disabled veteran-owned small business concern"—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) "Service-disabled veteran" means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(b) Applicability. This clause applies only to—

(1) Contracts that have been set aside or for service-disabled veteran-owned small business concerns;

(2) Part or parts of a multiple-award contract that have been set aside for service-disabled veteran-owned small business concerns;

(3) Orders set aside for service-disabled veteran-owned small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F); and

(4) Orders issued directly to service-disabled veteran-owned small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii).

(c) General.

(1) Offers are solicited only from service-disabled veteran-owned small business concerns. Offers received from concerns that are not service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation will be made to a service-disabled veteran-owned small business concern.

(d) A joint venture may be considered a service-disabled veteran owned small business concern if—

(1) At least one member of the joint venture is a service-disabled veteran-owned small business concern, and makes the following representations:

(i) That it is a service-disabled veteran-owned small business concern, and

(ii) That it is a small business concern under the North American Industry Classification Systems (NAICS) code assigned to the procurement;

(2) Each other concern is small under the size standard corresponding to the NAICS code assigned to the procurement;

(3) The joint venture meets the requirements of 13 CFR 121.103(h); and

(4) The joint venture meets the requirements of 13 CFR 125.15(b).

(End of Clause)

2.3 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)

2.4 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 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021)

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

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

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

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

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

(End of Provision)

2.6 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— 7/18/2022 at 10:00 AM CST.

(c) Participants will meet at— Veterans Medical Center Little Rock AR – Water Tower outside of Building B-81 (End of Provision)

2.7 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)

(a) Any protest filed by an interested party shall—

(1) Include the name, address, fax number, email and telephone number of the protester;

(2) Identify the solicitation and/or contract number;

(3) Include an original signed by the protester or the protester’s representative and at least one copy;

(4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents;

(5) Specifically request a ruling of the individual upon whom the protest is served;

(6) State the form of relief requested; and

(7) Provide all information establishing the timeliness of the protest.

(b) Failure to comply with the above may result in dismissal of the protest without further consideration.

(c) Bidders/offerors and Contracting Officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.

(End of Provision)

2.8 VAAR 852.223-71 SAFETY AND HEALTH (SEP 2019)

(a) To help ensure the protection of the life and health of all persons, and to help prevent damage to property, the Contractor shall comply with all Federal, State, and local laws and regulations applicable to the work being performed under this contract. These laws are implemented or enforced by the Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA) and other regulatory/enforcement agencies at the Federal, State, and local levels.

(1) Additionally, the Contractor shall comply with the following regulations when developing and implementing health and safety operating procedures and practices for both personnel and facilities involving the use or handling of hazardous materials and the conduct of research, development, or test projects:

(i) 29 CFR 1910.1030, Bloodborne pathogens; 29 CFR 1910.1450, Occupational exposure to hazardous chemicals in laboratories. These regulations are available at https://www.osha.gov/.

(ii) Nuclear Regulatory Commission Standards and Regulations, pursuant to the Energy Reorganization Act of 1974 (42 U.S.C. 5801 et seq.) Copies are available from the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

(2) The following Government guidelines are recommended for developing and implementing health and safety operating procedures and practices for both personnel and facilities:

(i) Biosafety in Microbiological and Biomedical Laboratories, Centers for Disease Control and Prevention (CDC), available at http://www.cdc.gov/biosafety/publications/index.htm.

(ii) Prudent Practices in the Laboratory, National Research Council, National Academy Press, Washington, DC 20001, available at http://www.nap.edu.

(b)(1) The Contractor shall maintain an accurate record of, and promptly report to the Contracting Officer, all accidents or incidents resulting in the exposure of persons to toxic substances, hazardous materials; the injury or death of any person; or damage to property incidental to work performed under the contract resulting from toxic or hazardous materials and resulting in any or all violations for which the Contractor has been cited by any Federal, State or local regulatory/enforcement agency.

(2) The report shall include a copy of the notice of violation and the findings of any inquiry or inspection, and an analysis addressing the impact these violations may have on the work remaining to be performed. The report shall also state the required action(s), if any, to be taken to correct any violation(s) noted by the Federal, State, or local regulatory/enforcement agency and the time frame allowed by the agency to accomplish the necessary corrective action.

(c) If the Contractor fails or refuses to comply with the Federal, State or local regulatory/enforcement agency's directive(s) regarding any violation(s) and prescribed corrective action(s), the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action (as approved by the Federal, State, or local regulatory/enforcement agencies) has been taken and documented to the Contracting Officer. No part of the time lost due to any such stop work order shall form the basis for a request for extension or costs or damages by the Contractor.

(d) The Contractor shall insert this clause in each subcontract involving toxic substances or hazardous materials. The Contractor is responsible for the compliance of its subcontractors with the provisions of this clause.

(End of Clause)

2.9 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.