36C25625R0001 RFP.docx
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- Solicitation number
- 36C25625R0001
About this file
This is a Request for Proposals (RFP) issued by the Department of Veterans Affairs Network Contracting Office 16 for Project #502-17-102 to replace the roof and HVAC system on Building 9 at the Alexandria VA Health Care System in Pineville, LA. The project is a total Service-Disabled Veteran-Owned Small Business (SDVOSB) set-aside with an estimated value between $5-10 million.
The RFP requires contractors to begin work within 10 calendar days of the notice to proceed and complete all work within 780 calendar days. A site visit is scheduled for December 10, 2024 at 9:00 AM CT. Proposals are due by 2:00 PM CST on January 3, 2025. The anticipated notice to proceed date is January 31, 2025. Evaluation factors include Technical Approach/Schedule/Quality Management (Factor 1), Professional Qualifications & Experience (Factor 2), and Past Performance (Factor 3), which are equal in importance and together are significantly more important than Price (Factor 4). A bid guarantee of 20% of the bid price or $3M (whichever is less) is required. The NAICS code is 236220 with a size standard of $45M.
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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.
36C25625R0001 X 12-03-2024
TBD
502-25-1-5707-0002 502-17-102 00502
DEPARTMENT OF VETERANS AFFAIRS
NETWORK CONTRACTING OFFICE 16
ALEXANDRIA VA HEALTH CARE SYSTEM
2495 Shreveport HWY, 71N
PINEVILLE LA 71360-4004
DEPARTMENT OF VETERANS AFFAIRS
NETWORK CONTRACTING OFFICE 16
ALEXANDRIA VA HEALTH CARE SYSTEM
2495 Shreveport HWY, 71N
PINEVILLE LA 71360-4004
JB Herbst - jennings.herbst@va.gov 318-466-4884 VAAR Clause 852.219-75 (included herein) is required to be completed and returned with each proposal. Proposals without a completed VAAR Clause 852.219-75 will be considered ineligible for evaluation and award
This procurement is a total Service Disabled Veteran Owned Small Business (SDVOSB) set-aside under Public Law 109-461.
Offerors must be registered and certified as a SDVOSB in the SBA Veteran Small Business Certification site at https://veterans.certify.sba.gov. Proposals received from contractors who are not certified as a SDVOSB at the SBA site shall not be considered for evaluation and award. This includes Joint Ventures. Joint Venture Agreements must be submitted with proposal to be considered. Contract award shall not be delayed due to loss of SDVOSB certification.
Verification showing seal shall be included with proposal (pricing volume).
SITE VISIT: AN ORGANIZED SITE VISIT WILL BE HELD AT THE DATE/TIME/LOCATION SHOWN IN FAR
52.236-27 SITE VISIT
(CONSTRUCTION) ALTERNATE I. THIS WILL BE THE ONLY SITE VISIT CONDUCTED FOR THIS PROCUREMENT.
INFORMATION PROVIDED AT THE SITE VISIT SHALL NOT ALTER THE TERMS AND CONDITIONS OF THE SOLICITATION. TERMS OF THE SOLICITATION REMAIN UNCHANGED UNLESS THE SOLICITATION IS AMENDED IN WRITING. CONTRACTORS ARE REQUIRED TO SUBMIT ALL QUESTIONS IN WRITING, USING EXHIBIT F, (EMAIL IS ACCEPTABLE) TO THE CONTRACT SPECIALIST SHOWN ABOVE NO LATER THAN NOON CT 14 CALENDAR DAYS PRIOR TO THE DATE/TIME SET FOR RECEIPT OF PROPOSALS.
SEE BLOCK 13A FOR SOLICITATION CLOSING DATE.
PER FAR 36.204 THE ESTIMATED MAGNITUDE OF THIS PROJECT ISBETWEEN $5,000,000 AND $10,000,000
IN NEGOTIATED SOLICITATIONS “BID” AND “BIDDER” MEAN “OFFER”AND “OFFEROR”
NAICS CODE: 236220 SIZE STANDARD: $45M
GEOGRAPHICAL AREA WHERE WORK IS TO BE PERFORMED: Pineville,Rapides Parish (71360), Louisiana
This project is not tax exempt.
Base Offer Item: furnish all labor, tools, materials, equipment and supervision necessary to perform all work associated with Project #502-17-102, Replace Roof & HVAC BLDG 9, located at the Alexandria VA Health Care System, 2495 Shreveport HWY, 71N, Pineville, LA 71360.
X X 52.211-10 X One (1) Email 14:00
CST
01-03-2025 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)( U.S.C. 8127 (d
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
Please see Schedule of Offer Items & Continuation of SF 1442 (Divisions) located in Sections A.3 and A.4 x 00502
DEPARTMENT OF VETERANS AFFAIRS
NETWORK CONTRACTING OFFICE 16
ALEXANDRIA VA HEALTH CARE SYSTEM
2495 SHREVEPORT HIGHWAY
PINEVILLE LA 71360-4004
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 X JB Herbst VA-VHA-RPOC-2023-0125 Contracting Officer
Table of Contents
| PART I - THE SCHEDULE | 1 |
| SECTION A - SOLICITATION/CONTRACT FORM | 1 |
| A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair) | 1 |
| A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION, ALTERATION, OR REPAIR)– BACK | 2 |
| A.3 PRICE/COST SCHEDULE | 6 |
| ITEM INFORMATION | 6 |
| A.4 Continuation of SF 1442 Block # 17 | 7 |
| A.5 General Proposal Information | 8 |
| A.6 Proposal Preparation | 11 |
| INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS | 17 |
| 2.1 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023) | 17 |
| 2.2 52.216-1 TYPE OF CONTRACT (APR 1984) | 17 |
| 2.3 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) | 17 |
| 2.4 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999) | 18 |
| 2.5 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014) ALTERNATE II (NOV 2023) | 19 |
| 2.6 52.228-1 BID GUARANTEE (SEP 1996) | 20 |
| 2.7 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021) | 20 |
| 2.8 52.233-2 SERVICE OF PROTEST (SEP 2006) | 21 |
| 2.9 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995) | 21 |
| 2.10 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 22 |
| 2.11 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020) | 22 |
| 2.12 VAAR 852.209-70 ORGANIZATIONAL CONFLICTS OF INTEREST (OCT 2020) | 23 |
| 2.13 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018) | 23 |
| 2.14 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018) | 24 |
| 2.15 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008) | 24 |
| REPRESENTATIONS AND CERTIFICATIONS | 26 |
| 3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2024) | 26 |
| 3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) | 30 |
| 3.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023) | 32 |
| 3.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 34 |
| 3.5 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—CERTIFICATION (NOV 2021) | 35 |
| GENERAL CONDITIONS | 38 |
| 4.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ALTERNATE I (APR 1984) | 38 |
| 4.2 52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022) | 38 |
| 4.3 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (FEB 2024) | 40 |
| 4.4 52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (NOV 2023) ALTERNATE I (NOV 2023) | 43 |
| 4.5 52.227-4 PATENT INDEMNITY—CONSTRUCTION CONTRACTS (DEC 2007) ALTERNATE I (DEC 2007) | 49 |
| 4.6 SUPPLEMENTAL INSURANCE REQUIREMENTS | 50 |
| 4.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 50 |
| 4.8 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020) | 53 |
| 4.9 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022) | 53 |
| 4.10 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018) | 54 |
| 4.11 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (MAY 2020) | 54 |
| 4.12 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018) | 54 |
| 4.13 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION) | 54 |
| 4.14 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (NOV 2022) | 57 |
| 4.15 VAAR 852.223-71 SAFETY AND HEALTH (SEP 2019) | 59 |
| 4.16 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008) | 60 |
| 4.17 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) | 60 |
| 4.18 VAAR 852.232-70 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS– CPM) (NOV 2018) | 61 |
| 4.19 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 64 |
| 4.20 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019) | 65 |
| 4.21 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019) | 66 |
| 4.22 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019) | 66 |
| 4.23 VAAR 852.236-90 RESTRICTION ON SUBMISSION AND USE OF EQUAL PRODUCTS (APR 2019) | 66 |
| 4.24 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT ADMINISTRATION (OCT 2020) | 67 |
| 4.25 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 68 |
| 4.26 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT (SEP 2019) | 68 |
| 4.27 SC-0001 Contractor Performance Assessment Reporting System (CPARS) | 70 |
| 5.0 List of Attachments | 72 |
| See attached document: 36C25625R0001 Brand Name JA 10182024 Signed v2_Redacted. | 72 |
| See attached document: 36C25625R0001 EXHIBIT A. | 72 |
| See attached document: 36C25625R0001 EXHIBIT B. | 72 |
| See attached document: 36C25625R0001 EXHIBIT C. | 72 |
| See attached document: 36C25625R0001 EXHIBIT D. | 72 |
| See attached document: 36C25625R0001 EXHIBIT E. | 72 |
| See attached document: 36C25625R0001 EXHIBIT F. | 72 |
| See attached document: 36C25625R0001 Drawing 1 - Copy. | 72 |
| See attached document: 36C25625R0001 Drawing 2 - Copy. | 72 |
| See attached document: 36C25625R0001 Drawing 3 - Copy. | 72 |
| See attached document: 36C25625R0001 Drawing 4 - Copy. | 72 |
| See attached document: 36C25625R0001 Drawing 5 - Copy. | 72 |
| See attached document: 36C25625R0001 Drawing 6 - Copy. | 72 |
| See attached document: 36C25625R0001 Drawing 7 - Copy. | 72 |
| See attached document: 36C25625R0001 Drawing 8 - Copy. | 72 |
| See attached document: 36C25625R0001 Drawing 9 - Copy. | 72 |
| See attached document: 36C25625R0001 Drawing 10 - Copy. | 72 |
| See attached document: 36C25625R0001 Drawing M111.4 - Copy. | 72 |
| See attached document: 36C25625R0001 Drawing M122.3 - Copy. | 72 |
| See attached document: 36C25625R0001 Drawing M401 - Copy. | 72 |
| See attached document: 36C25625R0001 Drawing M402 - Copy. | 72 |
| See attached document: 36C25625R0001 Drawing M403 - Copy. | 72 |
| See attached document: 36C25625R0001 Drawing M404 - Copy. | 72 |
| See attached document: 36C25625R0001 Drawing M405 - Copy. | 72 |
| See attached document: 36C25625R0001 Drawing M501 - Copy. | 72 |
| See attached document: 36C25625R0001 Drawing M502 - Copy. | 72 |
| See attached document: 36C25625R0001 PRA - Copy. | 72 |
| See attached document: 36C25625R0001 SOW 11222024 - Copy. | 72 |
| See attached document: 36C25625R0001 Specifications 06192024 . | 73 |
| See attached document: 36C25624R0001 WD LA30240051 Mod 2 07192024. | 73 |
A.3 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1.00 |
| JB |
| __________________ |
| __________________ |
BASE OFFER ITEM - GENERAL CONSTRUCTION: Furnish all labor, tools, materials, equipment and supervision necessary to perform all work associated with Project #502-17-102.
PRINCIPAL NAICS CODE: 236220 - Commercial and Institutional Building Construction PRODUCT/SERVICE CODE: Z1DZ - Maintenance of Other Hospital Buildings
| GRAND TOTAL |
| __________________ |
A.4 Continuation of SF 1442 Block # 17
| MATERIAL |
| LABOR |
| EQUIPMENT |
| TOTAL |
| DIVISION 01: |
| GENERAL REQUIREMENTS |
| DIVISION 02: |
| EXISTING CONDITIONS |
| DIVISION 03: |
| CONCRETE |
| DIVISION 04: |
| MASONRY |
| DIVISION 05: |
| METALS |
| DIVISION 06: |
| WOOD, PLASTICS & COMPOSITES |
| DIVISION 07: |
| THERMAL & MOISTURE PROTECTION |
| DIVISION 08: |
| OPENINGS |
| DIVISION 09: |
| FINISHES |
| DIVISION 10: |
| SPECIALTIES |
| DIVISION 11: |
| EQUIPMENT |
| DIVISION 12: |
| FURNISHINGS |
| DIVISION 13: |
| SPECIAL CONSTRUCTION |
| DIVISION 14: |
| CONVEYING EQUIPMENT |
| DIVISION 21: |
| FIRE SUPPRESSION |
| DIVISION 22: |
| PLUMBING |
| DIVISION 23: |
| HVAC |
| DIVISION 25: |
| INTEGRATED AUTOMATION |
| DIVISION 26: |
| ELECTRICAL |
| DIVISION 27: |
| COMMUNICATIONS |
| DIVISION 28: |
| ELECTRONIC SAFETY AND SECURITY |
| DIVISION 31: |
| EARTHWORK |
| DIVISION 32: |
| EXTERIOR IMPROVEMENTS |
| DIVISION 33: |
| UTILITIES |
| DIVISION 34: |
| TRANSPORTATION |
| DIVISION 48: |
| ELECTRICAL POWER GENERATION |
SUBTOTAL COST:
GENERAL LIABILITY / INSURANCE:
OVERHEAD & PROFIT:
BOND:
PROJECT TOTAL COST:
A.5 General Proposal Information
Project: 502-17-102 Issuing Office: NCO 16 Location of Project: AVAHCS, Pineville, LA 71360.
Point of Contact: JB Herbst, Contract Specialist, NCO 16 – Pineville, LA E-mail: Jennings.herbst@va.gov
1. JOINT VENTURE: Any offeror submitting a proposal as a joint venture must provide a certification from each SDVOSB joint partner, signed by an authorized official of each partner to the joint venture, stating that the parties to the joint venture (1) have entered into a joint venture agreement that fully complies with paragraph (c) of 13 CFR § 128.402 and (2) will perform the contract in compliance with the joint venture agreement. Failure to submit the certification with the offeror’s proposal will render the offeror ineligible for award.
1. 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.
2. Past Safety Record: VHA DIRECTIVE 7715 SAFETY AND HEALTH DURING CONSTRUCTION requires that Contracting Officers evaluate and consider past safety records of prospective contractors in awarding contracts. OFFERORS SHALL SUBMIT EXHIBIT D CONTRACTOR EVALUATION FORM CONSTRUCTION SAFETY AS A PART OF THE PRICE PROPOSAL.
All offerors shall submit, as part of their price proposal, information pertaining to their past Safety and Environmental record using Exhibit D. 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 EXHIBIT D AND EXHIBIT E (SURETY FORM) (AND THE ASSOCIATED ADDITIONAL REQUIRED INFORMATION) AS A PART OF THEIR PROPOSAL PACKAGE WILL BE RATED LOWER THAN AN OFFEROR THAT DOES PROVIDE.
1. Site Visit: An organized site visit is scheduled as shown in clause 52.236-27 (Alternate I). Only one site visit will be conducted. Attendance at the site visit is not mandatory, but highly suggested for proper proposal preparation.
1. Requests for Information (RFIs): RFIs are due, utilizing Exhibit F, no later than (NLT) 12:00 PM CST 14 calendar days prior to the date set for receipt of proposals or as amended and will not be accepted after this date. RFIs should be submitted by email to the Contract Specialist, JB Herbst at jennings.herbst@va.gov. Responses will be provided by amendment to the solicitation in a question and answer format. Example: Subject Line of the RFI e-mail should be as follows: Company Name, RFI #1, 36C25625R0001 and Project #502-17-102.
1. Proposal Due Date: Proposals and Bid Bonds are due NLT the date/time shown in Block 13a of Standard Form (SF) 1442. A hard copy bid bond must be received NLT date/time shown in Block 13A and sent to the below address. All proposals will be submitted by E-Mail (all volumes & a copy of the Bid Bond) and received NLT date/time shown in Block 13A:
· Department of Veterans Affairs
· Network Contracting Office 16 (NCO 16)
· ATTN: JB Herbst (BLDG 5)
· 2495 Shreveport HWY, 71N
· Pineville, LA 71360
5. NOTE: It is the Offeror’s Responsibility to ensure proposals/bid bonds are received by the time/date established in Block 13A on SF 1442.
1. Magnitude of Construction: Pursuant to FAR 36.204 the magnitude of construction is between $5,000,000.00 and $10,000,000.00.
1. 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.
1. Wage Determination (WD): The applicable Davis Bacon WD for this solicitation is incorporated as an attachment to this solicitation.
1. 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.
1. Funding: Award is contingent upon the availability of appropriated funds. The Government does not compensate vendors for proposal development and submission.
1. Superintendence: The offeror shall provide, from their own staff, a competent 30-hour OSHA certified superintendent. This individual shall be 100% full time dedicated 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.
12. Holidays: The following federal holidays are observed:
| New Year's Day | Martin Luther King Jr.’s Birthday | President's Day |
| Memorial Day | Independence Day | Labor Day |
| Columbus Day | Veterans Day | Thanksgiving Day |
Christmas Day Juneteenth National Independence Day
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.
A.6 Proposal Preparation
This part describes the precise mechanism for evaluating and selecting offers:
· 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 I (Approach – Schedule – Quality Management Technical Factor), Factor II (Professional Qualifications & Specialized Experience Technical Factor), and Factor III (Past Performance) are equal in importance. Factors I, Factor II, and Factor III when combined, are significantly more important than Factor IV (Price).
· THE GOVERNMENT RESERVES THE RIGHT TO AWARD TO OTHER THAN THE OFFEROR WITH THE LOWEST PRICED PROPOSAL OR TO THE OFFEROR WITH THE 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. The SSEB will evaluate solely on the information provided in the initial proposal and will not assume that an offeror possesses any capability that is not specifically identified in the proposal.
· The objective of the source selection is to select the offer that represents the best value to the Government. In order to select the offeror representing the best value, the Government will rate the offers by conducting an evaluation of all acceptable offers against source selection criteria in the solicitation.
PROPOSAL FORMAT AND EVALUATION:
· Format: The offer, including title page, detailed table of contents, and preface shall be submitted in one (1) PDF document and shall not exceed THRITY-FIVE (35) pages via a single email.
· Page formatting restrictions do not apply to the draft schedule, but each page does apply to the page count. Submission of the draft project schedule can be submitted utilizing larger paper of 11 x17 inches. Pages submitted in excess of the page count will not be evaluated.
· Page size for all proposal documents will be 8.5 x 11 inches, with 1-inch margins around the page perimeter. Proposal size will be limited as shown and font/size shall be no smaller than Arial 11.
· Page limits are for single sheets of paper and may be double-sided. Title pages/exhibits do not count towards the page limitations. If these page limits are exceeded, the pages in excess of the limit will not be read or considered.
· Use graphic presentations where such use will contribute to the compactness and clarity of the proposal.
| Volume |
| Title |
| Page Limitations |
| Submitted in one email with a one (1) PDF |
| 1 |
| Factor 1 |
| 15 |
| 2 |
| Factor 2 |
| 10 |
| 3 |
| Factor 3 |
| 10 |
| 4 |
| Factor 4 |
| None |
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: The proposal shall address the following evaluation factors. The following factors are in descending order of importance.
FACTOR 1— Approach - Schedule – Quality Management Technical Factor
Evaluations will be based on the following. Subfactors are listed in descending order of importance:
Subfactor 1a Management Approach Narrative:
Instructions:
· Offeror shall demonstrate/explain how this project will be accomplished, based on the Offeror’s best interpretation of the solicitation documents.
· Offeror shall provide a phasing plan and sequencing of work in an effort to minimize impacts to patient care.
· Offeror shall provide techniques for maintaining on-time schedule performance and 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.
Subfactor 1b – Schedule:
Instructions:
· Offeror shall provide a Draft Project Schedule, with a 01/31/2025 Notice to Proceed fictitious Start Date (for purposes of the Proposed Draft Schedule only). The provided schedule shall be all inclusive from the pre-construction conference, Pre-construction period to include Submittal #1 (detailed in SOW), construction period of preparation of the site & mobilization, critical milestones of completing the project, punch list items, demobilization, to closeout while adhering to the period of performance.
· The provided schedule shall be consistent with subfactor 1a (i.e., how the project will be accomplished & phasing).
Subfactor 1c – Quality Management:
Instructions:
· Offeror shall specify the roles/positions responsible for quality management & explain the authority those individual(s) have to ensure quality work is provided.
· Offeror shall provide a detailed explanation of proposed quality control techniques for compliance with the solicitation requirements.
· Offeror shall provide a narrative on how quality issues are managed and resolved for construction projects.
Evaluation Methodology: The VA will evaluate Management Approach, Schedule, and Quality Management to determine if the Offeror understands the complexity and risk mitigation of performing all the required tasks included in this construction project. This technical factor will be evaluated for the Offeror’s interpretation of the solicitation technical areas outlined in the Drawings, Specifications, SOW, and evaluation factor criteria. The Offeror’s narratives should provide enough detail to demonstrate that the scope and complexity of the project requirements are understood and will be successfully completed.
Factor 2— Professional Qualifications & Experience Technical Factor
Evaluations will be based on the following. Subfactors are listed in descending order of importance:
SUBFACTORS:
· Subfactor 2a. Key Prime Contractor Staff
· Subfactor 2b. Subcontractors
Subfactor 2a – Key Prime Contractor Staff:
Instructions:
· Offeror shall provide projected personnel names on an Organizational Chart (structured with the proposed Subcontractors projected in subfactor 2b).
· Offeror shall provide resumes of the Offeror’s proposed project management personnel (i.e., Site Superintendent, Project Manager, Quality Control Manager (consistent with subfactor 1c), etc.) complete with education, qualifications, and experience.
· Each resume shall include current workload and the projected workload to cover the projected period of performance.
· Project Manager and Site Superintendent shall each have a minimum of five (5) years of experience managing or supervising multiple projects of similar size, scope, and complexity (or greater). If the person listed as proposed Project Manager or Site Superintendent is not a current employee of the Offeror but intends to become one upon award of the contract, OFFEROR SHALL SUBMIT A COPY OF A COMMITMENT LETTER FROM THAT PERSON AS A PART OF THE TECHNICAL PROPOSAL to verify Offeror will be hiring him/her and he/she intends to accept the position.
Offeror shall provide a narrative description of how the proposed project management personnel will be best utilized to obtain project completion with the proposed subcontractors.
Advisory Note: if key personnel change, post award, that were originally evaluated during this source selection - replacement personnel qualifications and experience must meet or exceed what was originally evaluated and will need to be approved by the COR and the CO prior to work being performed.
Subfactor 2b – Subcontractors:
Submission Requirement:
1) Exhibit C – Offeror shall provide a completed Exhibit C and incorporate the below criteria into a narrative format to support this evaluation.
2) If an Offeror intends to self-perform then the offerors proposal must clearly annotate this intent.
· Offeror shall provide the names of projected key subcontractors and the subcontractor’s associated socioeconomic status for the chosen project.
· Offeror shall provide subcontractor narratives for each of the projected key subcontractors.
· Each narrative shall include the subcontractor’s locality and experience with construction at medical centers.
· Each narrative shall include the subcontractor’s projected workload to cover the projected period of performance.
· Offeror shall provide resumes of the projected key subcontractor’s proposed project management personnel, complete with education, qualifications, and experience.
· Each resume shall include current workload and the projected workload to cover the projected period of performance.
Evaluation Methodology: The VA will evaluate Key Prime Contractor Staff and Subcontractors to determine if the Offeror understands the complexity and risk mitigation tasks to successfully manage and superintend the project consistent with solicitation requirements/documents. Key personnel experience and subcontractors will be evaluated for experience and qualifications associated with the type/kind/trade of work being performed. The Offeror’s narratives should provide enough detail to demonstrate that the scope and complexity of the project requirements can be successfully achieved with its proposed personnel.
Factor 3— Past Performance:
Submission Requirement:
1) Offeror Shall provide a minimum of one (1) and a maximum of five (5) projects completed within the last five (5) years similar in size, complexity, and scope to this project.
2) Exhibit A – Offeror shall provide a completed Exhibit A to satisfy evaluation criteria below or may be used for consideration of current project examples (the form must clearly annotate what it is being used for).
3) Exhibit B –This exhibit is to be completed by an end user and submitted to contracting separately from an offeror’s proposal. Exhibits received will be used for as part of the evaluation – If Exhibit B is not received by an end user, offerors will not be penalized.
4) Exhibit C – (if applicable) to be used for subcontractor past performance if the prime intends to use subcontractor past performance to support this evaluation.
***Definitions*** ***Recent-with in past five (5) years from the date of solicitation issuance*** ***Relevant- For purposes of this evaluation, a relevant project is defined as “construction completed in a clinical, hospital or other medical related use space similar in size and scope to this project.” ***
· Projects must demonstrate an offeror’s experience as a prime contractor managing multiple subcontractors.
· Project (s) shall have a minimum Construction value of between $2,000,000 and $10,000,000 and be 100% completed/or ongoing (>50% complete).
· The Offeror’s submission should include at a minimum:
· Project Title.
· Project Location (Physical Address)
· Contract Type (Example: Design-Build, Design-Bid-Build)
· Project Owner’s Name & Current Contact Information
· Brief Description of the Scope of Work (highlight recent/relevant factors)
· Identify Project Prime Contractor and Major Subcontractors
· Project Start & Completion Date
· Project Original Contract Award Amount & Final Award Amount
· For multiple award and indefinite delivery/indefinite quantity type contracts, the whole contract shall not be submitted as a project; rather Offerors shall submit the work performed under a single task order as a project to demonstrate recent/relevancy.
· If the Offeror is a Joint Venture (JV), relevant past performance should be submitted for projects completed by the Joint Venture entity. If the Joint Venture does not have shared past performance, projects shall be submitted for each Joint Venture partner. Offerors who fail to submit past performance for all Joint Venture partners may be rated lower.
· Performance Relevancy Survey (Exhibit A): Utilizing Performance Relevancy Survey (Exhibit A). The Offeror shall demonstrate completed/or ongoing (>50% complete) recent and relevant projects at a hospital/ medical center (Federal or other than Federal) project of this same size, scope, and complexity (or greater). Note: Clearly identify those examples where an Offeror’s proposed Subcontractor was the Prime (or the Subcontractor) on the Project Examples if utilizing Subcontractor Construction Project Capability.
· Past Performance Questionnaire (PPQ-Exhibit B): – Offerors shall prepare and forward to prior client(s) for submission to the Contracting Office EXHIBIT B PAST AND PRESENT PERFORMANCE QUESTIONNAIRE for all the projects listed by Offeror and submitted using EXHIBIT A PERFORMANCE RELEVANCY SURVEY. Exhibit B 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. ***PPQ may have been completed be no later than one (1) year prior to the effective date of this action*** If an Offerors Exhibit B is not received by the Contracting Officer, Offerors will not be penalized.
· An offeror with limited or no past performance may receive a rating based on the evaluation of its subcontractors and/or key personnel, provided an EXHIBIT C SUBCONTRACTOR INFORMATION AND CONSENT FORM has been executed and included in the proposal for proposed subcontractors and/or potential key personnel not employed by the offeror. These ratings shall have the same weight as the ratings of the offeror. 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.
Evaluation Methodology: Past Performance will be evaluated based on the projects provided by the Offeror and recent and relevant performance of Construction contracts of comparable size, complexity, and scope within the last five (5) years. The five (5) years applies from the issuance date of the solicitation. Firms without confirmed past performance history will be rated as “Neutral.”
FACTOR 4— PRICE PROPOSAL REQUIREMENTS:
Submission Requirement:
1) Offeror shall provide a completed SF1442/SF1442 BACK with acknowledgement of all amendments.
2) Offeror shall provide a completed Schedule of Offer Items.
3) Offeror shall provide a completed Continuation of 1442 (Divisional price distribution sheet)
4) Offeror shall provide a completed Exhibits D & E.
5) Offeror shall provide a completed VAAR Clause 852.219-75.
6) Offeror shall provide a legible Bid Bond (impressions from notary must be clearly visible) – Bid Bond should also be received via mail to validate the notary (instructions are below).
Evaluation Methodology: 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. Price proposals will be evaluated to determine if the prices and support costs areas are:
· Complete – The proposal contains costs to perform all tasks required by the Scope of Work (SOW), specifications, and design drawings if provided.
· Reasonable – The price is determined fair and reasonable using cost or price analysis techniques described in FAR 15.404.
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS
2.1 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)
(a) All actual and potential offerors are encouraged to provide feedback on the preaward and debriefing processes, as applicable. Feedback may be provided to agencies up to 45 days after award. The feedback is anonymous, unless the participant self-identifies in the survey. Actual and potential offerors can participate in the survey by selecting the following link: https:// www.acquisition.gov/360.
(b) The Contracting Officer will not review the information provided until after contract award and will not consider it in the award decision. The survey is voluntary and does not convey any protections, rights, or grounds for protest. It creates a way for actual and potential offerors to provide the Government constructive feedback about the preaward and debriefing processes, as applicable, used for a specific acquisition.
(End of Clause)
2.2 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)
2.3 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 52.222-23 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:
| Goals for minority participation for each trade |
| Goals for female participation for each trade |
| 25.7 % |
| 6.9 % |
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 Rapides Parish, LA 71360
(End of Provision)
2.5 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014) ALTERNATE II (NOV 2023)
(a) Definitions. "Bahraini, Mexican, or Omani construction material," "commercially available off-the-shelf (COTS) item," "construction material," "designated country 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 Under Trade Agreements" (Federal Acquisition Regulation (FAR) clause 52.225-11).
(b) Requests for determination 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 FAR clause 52.225-11 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 materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.
(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.
(d) Alternate offers.
(1) When an offer includes foreign construction material, except foreign construction material from a designated country other than Bahrain, Mexico, or Oman that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material other than Bahraini, Mexican, or Omani 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 FAR clause 52.225-11 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 FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material other than Bahraini, Mexican, or Omani 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)
2.6 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 $3M, 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)
2.7 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)
2.8 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…
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