36C25624R0045 - SOLICITATION.docx

36C25624R0045

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.

36C25624R0045 X 03-22-2024 598-24-1-8854-0001 598-22-102 Department of Veterans Affairs Network Contracting Office 16 Alexandria VA Health Care System 2495 Shreveport Hwy 71 N Pineville LA 71360 Department of Veterans Affairs Network Contracting Office 16

SEE INSTRUCTIONS

FELICIA LOVELADY

FELICIA.LOVELADY@VA.GOV

A. This project is to completely prepare site for building operations, including demolition, removal of existing structures, furnish labor and materials, and to perform the work in accordance with the plans and specifications for Fisher House Site Prep Utilities 598-22-102 at the John L. McClellan VA Memorial Veterans Hospital (JLM) located at 4300 W. 7th St., Little Rock, AR, 72205. This project is to provide all utility needs of Fisher House Facility in the Northwest corner of the patient parking lot of JLM.

B. Contractor shall use AR20240032 US Department of Labor Wage Determination dated 01/05/2024 in accordance with the Davis Bacon Act.

C. The magnitude of construction is between $1,000,000 and $2,000,000 per FAR 36.204 and VAAR 836.204.

Bid bonds, payment bonds, and performance bonds are required.

D. NAICS code for this project is 236220 with a small business size standard of $45 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 toperform 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 certified by SBA with the assigned NAICS code in order to receive contract award. Visit the following website for more information: https://veterans.certify.sba.gov/.

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

H. Deadline for solicitation inquiries is April 9, 2024 at 14:00 CT unless changed by amendment.

Questions shall be emailed to felicia.lovelady@va.gov and will be answered via formal amendment to the solicitation.

I. An organized pre-proposal site visit is scheduled for April 2, 2024 at :00 am CT.

X x 52.211-10 X see instructions 14:00

CDT

04-22-2024 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 Central Arkansas Veterans HCS 2200 Fort Roots Drive, Bldg 41, Room 200 North Little Rock AR 72114 1706 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 Tabitha Contreras Contracting Officer

SCHEDULE OF OFFER ITEMS

The Base Offer for CLIN 0001 includes all materials, labor, equipment and supervision to provide all utility needs of Fisher House Facility in the Northwest corner of the patient parking lot of the John L. McClellan VA Memorial Veterans Hospital (JLM) located at 4300 West 7th Street, Little Rock, Arkansas 72205. Work includes prepare site for building operations, including demolition, removal of existing structures, furnish labor and materials, and to perform the work in accordance with the plans and specifications for project 598-22-102. Contractor shall furnish all materials, equipment, and labor to perform all required work as specified in the Statement of Work. All work shall meet code and be performed in accordance with the contract and any applicable 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 the best value to the Government in accordance with Federal Acquisition Regulation (FAR) Part 15. In the event offers for CLIN 0001 exceed the Government’s budget for this acquisition, offers for CLIN 0002 will be evaluated. 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 – 260 CALENDAR DAYS AFTER RECEIPT OF NOTICE TO PROCEED.

CLIN 0001: BASE OFFER ITEM - GENERAL CONSTRUCTION: The Contractor shall provide all necessary tools, labor, materials, equipment, permits, license, and supervision for “Fisher House Utilities Site Prep”, Project Number 598-22-102, located at the Central Arkansas Veterans Healthcare System (CAVHS) John L. McClellan VA Memorial Veterans Hospital (JLM) in Little Rock, AR, in accordance with the Statement of Work, drawings, specifications. Work includes general construction, alterations, roads, walks, grading, drainage, necessary removal of existing structures and construction and certain other items.

CLIN 0001, Base Bid – General Construction: $______________________________ ** Offeror shall complete the price breakdown on Page 4 for CLIN 0001** CLIN 0002: ALTERNATE NO. 1– All work in CLIN 0001 except the purchase and install of the generator as shown in project drawings. The undersigned hereby agrees to deduct from the Base Bid the sum of:

($ ___________________________ ) New Total Amount: $___________________________

Page 1 of

Page 1 of Page 1 of

CONTINUATION OF SF 1442 BLOCK # 17 CONTINUED

Project: 598-22-102 – FISHER HOUSE UTILITIES SITE PREP

Date:

SUBTOTAL COST:

GENERAL LIABILITY / INSURANCE:

OVERHEAD:

PROFIT:

BOND:

PROJECT TOTAL COST:

Table of Contents

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

PROPOSAL PREPARATION AND EVALUATION INFORMATION

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

PROJECT NO. 598-22-102 – FISHER HOUSE UTILITIES SITE PREP

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.

Offerors must provide all requested information for each factor. Proposals must address each element of the factors as applicable to be considered responsive to this solicitation. Factor headings should be highlighted in yellow or typed in bold text for identification. It is the offeror’s responsibility to ensure the submitted proposal is in the proper format and the provided information is clear and free of ambiguities.

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.

Evaluations: - Factor 1 (Technical Factor) is more important than Factor 2 (Past Performance). All Non-Priced Factors (Technical and Past Performance), when combined, are more important than Price (Factor 3).

THE GOVERNMENT RESERVES THE RIGHT TO AWARD TO OTHER THAN THE OFFEROR WITH THE LOWEST PRICED PROPOSAL OR HIGHEST RATED TECHNICAL PROPOSAL. Offers will be evaluated using the evaluation factors listed. It is the offeror's responsibility to ensure the completeness of the proposal.

It is the Government’s intent to award without discussions (See FAR 52.215-1) unless it is determined to be in the best interest of the government by the Contracting Officer. In accordance with FAR 15.306(b)(1)(i), communications may be held with offerors before establishment of the competitive range if the offerors past performance information is the determining factor preventing them from being placed within the competitive range. If discussions are required, the CO will establish a competitive range of the most highly rated proposals and will then enter into negotiations and will allow for Final Proposal Revisions. Final proposal revisions shall be submitted as specified except as noted below and will be due at a time and place to be determined.

EVALUATION FACTORS

Factor 1— Technical: Construction Management Technical Evaluation for Construction Management will be based on the following significant subfactors which are of equal importance:

SUBFACTORS:

Subfactor 1a. Corporate Construction Project Experience;

Subfactor 1b. Key Project Personnel Construction Experience;

Subfactor 1c. Subcontractors’ Experience; and Subfactor 1d. Technical/Management Approach

1a. Corporate Construction Project Experience: The offeror shall demonstrate relevant corporate construction project experience, primarily involving Site Utilities or Underground Utilities. Provide a list of at least three (3) site utilities projects or projects involving underground utilities successfully complete or substantially complete (90% or more) by the offeror of similar size, scope, and complexity within the last 5 years of solicitation issuance date.

1b. Key Project Personnel Construction Experience: Provide the names of the offeror’s proposed project management personnel (i.e. Site Superintendent, Project Manager, Competent Person for Safety) with a description of the individual’s experience and a list of successfully completed projects of similar size, scope, and complexity within the last 5 years from solicitation issuance date. Key Personnel shall have a minimum of one completed site utilities project or project involving underground utilities of similar size and scope within in the last 5 years.

1c. Subcontractors’ Experience: Offerors must provide a list of subcontractors that your firm intends to use for this project and include the subcontractor’s company name, and the number of years’ experience in their trade with construction projects of similar scope and complexity to this acquisition's project. Minimal experience required for all subcontractors is three years in their trade from the date this solicitation was issued.

1d. Technical/Management Approach: Offers shall include the general contractor’s project schedule for this solicitation’s proposed project to showcase, at a minimum, completing the project within the mandatory time-frame of 260 calendar days. Offers shall demonstrate a clear understanding of the project requirements including critical milestones and critical path. Demonstrate techniques for maintaining on-time schedule performance. Provide a detailed explanation as to how the project will be implemented and managed to ensure compliance with all OSHA Construction Standards, Fire and Life Safety issues, and security measures. Contractor shall provide a site-specific Quality Control Plan describing techniques for maintaining quality control for workmanship.

Factor 2 — Past Performance:

The Offeror shall demonstrate recent (within the last five years from solicitation issuance date) successful performance under contracts (successfully complete or substantially complete at 90% or more) which are similar in scope, magnitude, and complexity to the subject requirement via submission with Past Performance Proposal of EXHIBIT A - PERFORMANCE RELEVANCY SURVEY. SUBMIT EXHIBIT A ON ALL PROJECTS PROVIDED FOR FACTOR 1A.

Offers shall include the following information for each contract/project submitted for evaluation:

a. Company Name/Address Phone number/Email Address

b. Project Title

c. Contracting Office/Government Agency

d. Contract Number

e. Original and Final Total Contract Amount

f. Period of Performance

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

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

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

j. Information on problems encountered and corrective actions.

The Government may evaluate Past Performance information through the use of Exhibit A, CPARS, information obtained from the offeror's references; use data independently obtained from other Government or commercial sources, including, but not limited to, Government databases; and/or rely upon personal business experience with the offeror. The evaluation may take into account Past Performance information regarding predecessor companies, key personnel who have relevant experience, and/or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to this acquisition. Past Performance information on contracts not listed by the offeror, or that of planned subcontractors, may also be evaluated. The Government may contact references and contact parties other than those identified by the offeror, and information received may be used in the evaluation of the offeror’s Past Performance. While the Government may elect to consider data obtained from other sources, the burden of providing current accurate and complete Past Performance information rests with the offeror. The Government reserves the right to obtain and evaluate Past Performance information from any source it deems appropriate.

Offerors without a record of relevant past performance will be assigned a neutral rating in accordance with FAR 15.305(a)(2)(iv). However, the proposal of an offeror with no relevant Past Performance history, while rated “Neutral” in Past Performance, may not represent the most advantageous proposal to the Government and thus, may be an unsuccessful proposal when compared to the proposal of other offerors.

In accordance with FAR 15.306(a)(2), if award will be made without conducting discussions, an offeror may be given the opportunity to clarify certain aspects of their proposal (i.e. the relevance of an offeror's past performance information) as related to this acquisition, address adverse past performance information to which the offeror has not previously had an opportunity to respond or to resolve minor clerical errors.

Please note that the Government may contact the references supplied for projects submitted. Each reference may be asked the following:

Was the Contractor cooperative, capable, and effective in prosecuting the work?

Did Contractor’s performance conform to the terms and conditions of the contract?

Once completed, did the project require unexpected maintenance activity?

Have any latent defects been found?

Was the staffing level consistent with the project size and complexity?

Would the client use this firm again? Why or why not?

2. Factor 3 — Price:

The purpose of the price evaluation is to provide an assessment of the completeness and reasonableness of the proposed price in relation to the solicitation requirements. Offerors shall submit pricing in the Schedule and on the SF1442 Back as a part of their price proposal. Price proposals will be evaluated to determine if the prices and support costs areas are:

(1) Complete – The proposal contains costs to perform all tasks required by the Scope of Work (SOW), Specifications, and Design Drawings if provided.

(2) Reasonable – The price is determined fair and reasonable using price analysis techniques described in FAR 15.404.

Each proposal will be evaluated to determine whether it complies with the stated criteria. Those proposals evaluated as not satisfying all the price criteria may be eliminated from consideration for award.

BASIS FOR CONTRACT AWARD: The Government intends to award without discussions to the offeror whose proposal conforms to the solicitation requirements and is determined to provide the "Best Value" to the Government in accordance with Federal Acquisition Regulation (FAR) Part 15. The Government reserves the right to reject any or all offers if such action is in the Government's best interest.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

GENERAL PROPOSAL INFORMATION

GENERAL PROPOSAL INFORMATION

Project: 598-22-102 – FISHER HOUSE UTILITIES SITE PREP Issuing Office: NCO 16 Location of Project: LITTLE ROCK, AR Point of Contact: Felicia Lovelady, Contract Specialist, NCO 16 – Pineville, LA E-mail: Felicia.lovelady@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. Offers received from contractors who are not certified as a SDVOSB in SBA VetCert at the time of offer submission and at the time of contract award 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 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 while submission of subcontractors’ EMR is not required as part of this proposal, 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 ADDITIONAL REQUIRED INFORMATION AS A PART OF THEIR PROPOSAL PACKAGE MAY 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 mandatory 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) 2:00 PM CST Time 9 April 2024 or as amended and will not be accepted after this date. RFI’s should be submitted by email to the Contracting Officer, Felicia Lovelady at felicia.lovelady@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, 36C25624R0045 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 felicia.lovelady@va.gov

h. Magnitude of Construction: Pursuant to VAAR 836.204 the magnitude of construction is between $1,000,000 and $2,000,000.

i. North American Industry Classification (NAICS) code: The applicable NAICS code for this procurement is 236220 Commercial and Institutional Building Construction. The Small Business size standard is $45 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: The Government does not compensate vendors for proposal development and submission.

m. Superintendence: The offeror shall provide, from their 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).

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

Little Rock, North Little Rock, AR

(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 52.233-2 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:

TABITHA CONTRERAS

CONTRACTING OFFICER

Hand-Carried Address:

Department of Veterans Affairs

MICHAEL E DEBAKEY VAMC

CONTRACTING - NCO 16

2002 HOLCOMBE BLVD

HOUSTON TX 77030

Mailing Address:

Department of Veterans Affairs

MICHAEL E DEBAKEY VAMC

CONTRACTING - NCO 16

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)

2.6 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—

APRIL 2, 2024 @ 8:00AM LOCAL TIME

(c) Participants will meet at— Meet at the corner of Hooper and West 7th in the patient parking lot.

SEE ATTACHED SITE MAP

(End of Provision)

2.7 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 https://www.va.gov/oal/library/vaar/

(End of Provision)

2.8 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)

2.9 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)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2024)

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

(2) The small business size standard is $45M

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519 if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(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) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations.

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

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

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

(x) 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.

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

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(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.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

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

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those…