36C25625R0026 SOLICITATION.docx

36C25625R0026

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.

X 01-28-2025

564-24-2-645-0007

564-23-503

Department of Veterans Affairs Veterans Health Administration Network Contracting Office 16 2575 Keystone Crossing Fayetteville AR 72703 Department of Veterans Affairs Veterans Health Administration Network Contracting Office 16 2575 Keystone Crossing Fayetteville AR 72703 Robert Arabie robert.arabie@va.gov Note: Any reference contained herein concerning "bid" or "bidder" means "offer" or "offeror".

This procurement is 100% set-aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSBs) under Public Law (PL) 109-461. Offerors must be verified as a SDVOSB in VetCert (http://www.veterans.certify.sba.gov.).

Offers received from contractors who are not SDVOSB verified in SBA will not be considered for award.

Federal Acquisition Regulations require that federal contractors register in the System For Award Management (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 a proposal.

Project: 567-23-503 Upgrade Switchgear Electronic Components (B-27, B-29).

Contractor shall provide all labor, materials, tools, equipment, expertise, administration, supervision, and transportation as necessary to perform all work in accordance with the provided Statement of Work, construction specifications and drawings to complete a working upgrade of the Programmable Logic Controller (PLC) and the Control System of the Medium Voltage Generator Paralleling Switchgear System located in Building 27. The scope of this work will also include a complete working upgrade of the PLC and the Control System of the Low Voltage Generator Paralleling Switchgear System located in Building 29 located at the Veterans Health Care System of the Ozarks in Fayetteville, AR.

NAICS 238210 SMALL BUSINESS SIZE STANDARD: $19m The magnitude of construction is between $500,000 and $1,000,000.

Award is subject to availability of funds.

SITE VISIT: Please see information in solicitation provision FAR 52.236-27 SITE VISIT (CONSTRUCTION) ALTERNATE I.

Forward all questions to the Contracting Officer NLT February 7, 2025 @ 2:00pm Local Time or as otherwise stated in instructions. All Q&As will be posted via formal amendment.

X X

52.211-10 X

14:00

CST

02-28-2025 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)( 41 U.S.C. 3304(a) (

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31a. NAME OF CONTRACTING OFFICER

TO SIGN

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. AWARD DATE

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

(Include ZIP Code) (Include area code) (Include only if different than Item 14.)

(Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each) (Type or print) (4 copies unless otherwise specified) (Type or print) (Type or print) (Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

(Must be fully completed by offeror) (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

SCHEDULE OF OFFER ITEMS

The Base Offer for CLIN 0001 Contractor must furnish all management, supervision, labor, material, equipment, tools, supplies, consumables, parts, and related services, in accordance with the SOW, drawings, and specifications to be complete and working upgrade of the Programmable Logic Controller (PLC) and the Control System of the Medium Voltage Generator Paralleling Switchgear System located in Building 27. The Scope of this work will also include a complete and working upgrade of the Programmable Logic Controller (PLC) and the Control System of the Low Voltage Generator Paralleling Switchgear System located in Building 29.

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

PERIOD OF PERFORMANCE – 485 CALENDAR DAYS AFTER RECEIPT OF NOTICE TO PROCEED.

CLIN 0001: BASE OFFER ITEM – Upgrade Switchgear Electronic Components:

Contractor shall provide all necessary tools, labor, materials, equipment, permits, license, and supervision for “Upgrade Switchgear Electronic Components (B-27, B29)”, Project Number 564-23-503, located at on the VHSO Main Campus 1100 N. College Avenue, Fayetteville, AR 72703. In accordance with the statement of work, work includes upgrading electronic components in Buildings 27 and 29. All work shall meet code and be performed in accordance with the contract and any applicable specifications.

CLIN 0001, Base Bid – Upgrade Switchgear Electronic Components (B-27, B-29):

** Offeror shall complete the following price breakdown for CLIN 0001 Page 1 of Page 1 of Page 1 of Page 1 of Page 1 of Page 1 of

CONTINUATION OF SF 1442

Project: Project 564-23-503 – Upgrade Switchgear Electronic Components (B-27, B-29) at the VHSO in Fayetteville, Ar.

SUBTOTAL COST:

GENERAL LIABILITY / INSURANCE:

OVERHEAD

PROFIT

BOND

PROJECT TOTAL COST:

Page 1 of

Table of Contents

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

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

PROJECT NO. 564-23-503 – UPGRADE SWITCH GEAR COMPONENTS

To assure timely and equitable evaluation of proposals, offerors shall follow the instructions contained herein. These instructions prescribe the proposal format and describe the approach for development and presentation of the proposal. These instructions are designed to ensure the submission of necessary information. Offerors are required to meet all solicitation requirements, including terms and conditions, representations, and certifications. The Contracting Officer has determined there is a high probability of adequate competition in this acquisition. Interested offerors shall be solely responsible for all costs associated with this solicitation including but not limited to the preparation of proposals.

The Government plans to make an award without discussions. Therefore, each initial offer shall contain the offeror's best terms from a price and technical standpoint. The Government reserves the right to conduct discussions if it is determined to be necessary.

Price proposals and technical proposals of each offeror will be evaluated independently. Offerors shall submit as separate attachments titled, "Price Proposal" and "Technical Proposal". Each attachment must contain a cover sheet with the offerors name, business address, and VA Solicitation Number.

Price Proposal shall be (1) submitted on the forms furnished by the Government or on copies of those forms; and (2) signed. The person signing the proposal shall initial each erasure or change appearing on any proposal form. Offerors shall submit proposed prices for ALL priced line items. Failure to submit proposed prices for all line items will result in the proposal being rejected as unacceptable without further consideration. Alternate proposals will not be considered. The following documents shall be submitted to the Contract Specialist not later than the due date and time listed on the SF 1442 and shall be arranged in the following order:

1. 2-page SF1442 completed and signed by the signatory authority. All blocks under section "OFFER" on page 2 of SF1442 (Item 14 thru 20C) shall be completed. Offerors shall be solely responsible for monitoring Government's website www.SAM.gov for amendments to this solicitation, if any, and acknowledge them in accordance with the requirements stipulated in this solicitation and amendments.

2. Duly executed Bid Bond/Guarantee: Offerors shall use form SF24-16d Bid Bond. Bid bonds that are found noncompliant with bid guarantee requirements may result in the rejection of the bid. See clause 52.228-1 Bid Guarantee for additional information on the compliance with bid guarantee requirements.

3. Completed VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION

4. To be eligible for award, Offerors are required to be SDVOSB certified. Offerors must register their businesses at https://www.verterans.certify.sba.gov and https://www.sam.gov(previously known as www.ccr.gov) and complete the ORCA. Upon request by the Government, Offerors shall submit a printout of their ORCA.

5. Acknowledgement of ALL Amendments

6. Proof VETS 4212 has been filed for 2024

7. Experience Modification Rate (EMR) All proposals will be submitted electronically via email to felicia.lovleady@va.gov by the date and time indicated in the solicitation/solicitation amendments in the files set forth below. The subject of the email must include: "36C25625R0026 Project No. 564-23-503 UPGRADE SWITCH GEAR COMPONENTS" It is solely the responsibility of the offerors to ensure the Government receives the proposals before or on the exact due date and time set forth in this solicitation.

All inquiries about this solicitation shall be directly submitted in writing via email to the Contracting Officer: felicia.lovelady@va.gov. No phone or faxed inquiry will be accepted. Deadline for all inquiries for this solicitation is listed on the SF1442.Government's responses to inquiries will be issued in the form of Amendment(s) to be posted on the same website where this solicitation is posted: www.SAM.gov. All interested offerors including those submitting inquiries are required to monitor the above website for any posted amendments and acknowledge them in accordance with the instructions provided in the amendments as well as in this solicitation.

BASIS FOR CONTRACT AWARD:

All proposals submitted on time and in accordance with provision 52.215-1 will be evaluated for the conformance to all requirements of this solicitation. Any proposal that fails to conform to the requirements of this solicitation may be rejected.

SOURCE SELECTION USING THE LOWEST PRICE TECHNICALLY ACCEPTABLE PROCESS (LPTA): This is a competitive Request for Proposal (RFP) that represents the best value to the Government conducted under FAR Part 15, Lowest Price Technically Acceptable (LPTA) source selection process. Award will be made based on the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non- cost factors. The Government intends to evaluate proposals and award a contract without discussions. Therefore, the offeror’s initial proposal shall contain the offeror’s best terms from a price and technical standpoint. Offerors are cautioned to submit sufficient information and, in the format, specified in the Instructions to Offerors section of this solicitation. Communication conducted to resolve minor or clerical errors would not constitute discussions and the Contracting Officer reserves the right to award a contract without the opportunity for proposal revisions.

There will be no public bid opening.

Award will be made to the responsible, lowest price technically acceptable offeror that meets or exceeds the acceptability standards for all non-cost factors. Lowest price offer will be determined by the Government by comparison method of all offers received.

EVALUATION OVERVIEW:

Proposals will be evaluated and ranked according to price, from lowest to highest. The Government reserves the right to evaluate only the technical proposal of the lowest price offeror. Other technical proposals may not be evaluated unless the Government determines the lowest priced offer to be unacceptable. In the event the Government determines the lowest priced offer to be unacceptable, the technical proposal of the next lowest price offer will be evaluated. This process will continue until a technical proposal is determined to be acceptable. The lowest offeror deemed acceptable in all non-cost factors shall be the apparent awardee.

PRICE EVALUATION:

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

PAST PERFORMANCE/RESPONSIBILITY:

Past performance will be rated in accordance with FAR 15.305 utilizing the Past Performance Questionnaire attached to this solicitation and CPARS ratings. In addition, pursuant to FAR 9.103 prescribing that purchases shall be made from, and contracts shall be awarded to, responsible prospective contractors only, the Government will perform the determination of responsibility on the apparently lowest offeror whose proposal is deemed technically acceptable. The Government’s determination of responsibility will be performed in accordance with FAR 9. 1 and will include but not limited to the review of all federal excluded or debarred lists from different U.S. departments. Since this solicitation is set aside 100% for Service-Disabled Veteran-Owned Small Business (SDVOSB), the Government will refer the matter to the Small Business Administration which will decide whether to issue a Certificate of Competency if the Government deems a potential SDVOSB awardee non-responsible.

TECHNICAL EVALUATION: The Technical evaluation factors consist of three separate elements: Experience, Performance Schedule, and Past Performance. Technical proposals will be judged on a ‘pass/fail’ basis.

I. EXPERIENCE – Offerors shall address the following three (3) sub-factors in narrative form.

1. Corporate Project Experience: In order to meet the acceptability standard for this subfactor, offerors must provide documentation of at least three (3) Programmable Logic Controller (PLC)/Switchgear Control System projects of similar size, scope, and complexity, completed or in progress, that were coordinated and performed by the general contractor in the last ten (10) years, from the date of this solicitation. Provide the following information for each contract/project submitted for evaluation:

a. Name/Address/Phone Number/Email Address

b. Project Title

c. Contracting Officer/Government Agency

d. Contract Number

e. Original and Final Contract Dollar Amounts

f. Period of Performance

g. Contracting Officer (CO) Name/Phone Number/Email Address

h. Contracting Officer’s Representative (COR) Name/Phone Number/ Email Address

i. Brief description of the project requirements and number of personnel assigned to the project.

2 .Project Personnel Experience: In order to meet the acceptability standard for this subfactor, offerors must provide the name of the general contractor’s proposed project Site Superintendent or Project Manager with a description of the individual’s experience to include, at a minimum, one completed Programmable Logic Controller (PLC)/Switchgear Control System project of similar size, scope, and complexity within the last five (5) years, from the date this solicitation was issued.

3. Subcontractors' Experience: In order to meet the acceptability standard for this subfactor, Offerors must provide a list of sub-contractors 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. Minimal experience required for all subcontractors is three years of experience in their trade from the date this solicitation is issued. Offerors must indicate self-performance where applicable.

II. PERFORMANCE SCHEDULE – In order to meet the acceptability standard for this factor, Offerors 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 timeframe of 485 calendar days.

III. PAST PERFORMANCE – Submit a completed Past Performance Questionnaire (PPQ) for all projects your firm listed in its response to Evaluation Factor #1, Experience. To meet the minimum standard, ratings for submitted projects must be satisfactory or better. Please note: If no PPQ's are received for an offeror, CPARS ratings from projects provided in response to Eval Factor #1 will be considered for evaluation.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

GENERAL PROPOSAL INFORMATION

Project: 564-23-503 Upgrade Switch Gear Components Issuing Office: NCO 16 Location of Project: Veterans Healthcare System of the Ozarks, Fayetteville, AR Points of Contact: Felicia Lovelady, Contracting Officer NCO 16 – Fayetteville, AR E-mail: felica.lovelady@va.gov

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

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

c. VETS-4212: Title 38, USC Section 4212(d) and Public Law 105-339, requires that federal contractors report, at least annually, the number and category of veterans who are within their workforce. This VETS-4212 report can be submitted per the instructions at https://www.dol.gov/agencies/vets/programs/vets4212. For assistance contactVETS-4212 customer support at 1-866-237-0275 or vets4212-customersupport@dolncc.dol.gov. For procurement awards in excess of $150,000.00, this report must be completed and accepted prior to any Federal contract award. Therefore, all potential contractors are encouraged to file every year.

e. Site Visit: An organized site visit is scheduled as shown in clause 52.236-27. Only one site visit will be conducted. Attendance at the site visit is not mandatory, but highly recommended 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 Local Time February 7, 2025 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 felica.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, 36C25625R0026 and Project- Upgrade Switch Gear Components.

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 $500,000.00 and $1,000,000.00.

i. North American Industry Classification (NAICS) code: The applicable NAICS code for this procurement is 238210, Electrical Contractors. The Small Business size standard is $19 Million.

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

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

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

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

2.0 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

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 52.225-10 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)

2.4 52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20% percent of the bid price or $3,000,000, 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)

2.5 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:

Hand-Carried Address:

Veterans Healthcare System of the Ozarks Purchasing & Contracting (90C) 1100 N. College Avenue Building 8 Fayetteville AR 72703

Mailing Address:

Veterans Healthcare System of the Ozarks Purchasing & Contracting (90C) 1100 N. College Avenue Building 8 Fayetteville AR 72703

(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— February 4, 2025 @ 11:00am Local Time

(c) Participants will meet at— Building 27 entrance (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):

https://www.acquisition.gov/browse/index/far 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) PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:

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

2.10 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY NOTICE (FEB 2023)

(a) Any offeror responding to this solicitation must comply with established VA Information and Communication Technology (ICT) (formerly Electronic and Information (EIT)) accessibility standards. Information about Section 508 is available at http://www.section508.va.gov/.

(b) The Section 508 accessibility standards applicable to this solicitation are stated in the clause at 852.239–75, Information and Communication Technology Accessibility. In order to facilitate the Government’s determination whether proposed ICT supplies meet applicable Section 508 accessibility standards, offerors must submit appropriate VA Section 508 Checklists, in accordance with the checklist completion instructions. The purpose of the checklists is to assist VA acquisition and program officials in determining whether proposed ICT supplies, or information, documentation and services conform to applicable Section 508 accessibility standards. The checklists allow offerors or developers to self-evaluate their supplies and document—in detail—whether they conform to a specific Section 508 accessibility standard, and any underway remediation efforts addressing conformance issues.

(c) Respondents to this solicitation must identify any exception to Section 508 requirements. If an offeror claims its supplies or services meet applicable Section 508 accessibility standards, and it is later determined by the Government, i.e., after award of a contract or order, that supplies or services delivered do not conform to the described accessibility standards, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense.

(End of Provision)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2025)

(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, Certification Regarding 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 for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of biobased products in USDA-designated product categories; or include the clause at 52.223-2, Reporting of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification.