36C25820B0011-0001000.docx

See attached document: 691-18-109WL B500 USP 800 Final Construction Schedule.

5. PROJECT NUMBER (if applicable)

CODE

7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER

3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO.

1. CONTRACT ID CODE

FACILITY CODE

CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office.

is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER

16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30

PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243 (Type or print) (Type or print) (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code) (If other than Item 6) (Specify type of modification and authority) (such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer) 04-08-2020 691-20-1-5556-0001

691-18-109WL

Department of Veterans Affairs NCO22-Gilbert Network Contracting 777 E. Missouri, Suite 300 Phoenix

AZ

85014 Department of Veterans Affairs NCO22-Gilbert Network Contracting 777 E. Missouri, Suite 300 Phoenix

AZ

85014 To all Offerors/Bidders

36C25820B0011 04-08-2020

X

X

This Amendment is issued to correct the date of Site Visit and Bid Due Date

Justin D. Hicks Contracting Officer

VA-VHA-SAOW-2019-CE1D3AB6

Table of Contents

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Request Construction Services for the above project per attached construction documents at VAWLA 11000 Wilshire Blvd, LA, CA 90073.

LOCAL STOCK NUMBER: 691-18-109WL

DELIVERY SCHEDULE

11000 Wilshire Boulevard Los Angeles, CA 90073-1003

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

Bidding materials consisting of drawings, specifications and contract forms may be obtained by qualified General (Prime) Contractors interested in submitting proposals directly to the Department of Veterans Affairs through Beta.Sam.Gov.

A bid guarantee (on standard form SF 24) is required in an amount not less than 20 percent of the bid price but shall not exceed $3,000,000. Failure to furnish the required bid guarantee in the proper form and amount, by the response due date, will require rejection of the bid in all cases except those listed in Federal Acquisition Regulation (FAR) Part 28.101-4, and may be cause for rejection even then.

If the contract will exceed $150,000 (see FAR Part 28.102-1 for lesser amount), the bidder to whom award is made will be required to furnish two (2) bonds, a Payment Bond, SF 25A, and a Performance Bond, SF 25, each in the penal sum as noted in the General Conditions of the Specification.

If the contract will not exceed $150,000, the bidder to whom award is made will be required to furnish a payment protection in the penal sum and type as noted in the General Conditions of the Specification.

PAST PERFORMANCE

During contract administration, the Government shall prepare and submit assessments on contractor performance for contracts and orders in excess of the simplified acquisition threshold ($700,000 or more for construction; $35,000 or more for architect-engineer (A/E) service contracts) (see FAR Subpart 42.1502) by electronic submission to Contractor Performance Assessment Reporting System (CPARS), which automatically transmits the information to Past Performance Information Retrieval System (PPIRS).

VA ACQUISITION REGULATION (VAAR) 804.1102

VENDOR INFORMATION PAGES (VIP) DATABASE

Prior to January 1, 2012, all VOSBs and SDVOSBs must be listed in the VIP database, available at http://www.VetBiz.gov, and also must be registered in the Central Contractor Registration (CCR) (see 48 CFR subpart 4.11) to receive contract awards under VA’s Veteran-owned Small Business prime contracting and subcontracting opportunities program. After December 31, 2011, all VOSBs, including SDVOSBs, must be listed as verified in the VIP database, and must be registered in the System for Award Management (SAM) to be eligible to participate in order to receive new contract awards under this program.

VAAR 819.7003 ELIGIBILITY

(a) Eligibility of SDVOSBs and VOSBs continues to be governed by the Small Business Administration regulations, 13 CFR subparts 125.8 through 125.13, as well as the FAR, except where expressly directed otherwise by the VAAR, and 38 CFR verification regulations for SDVOSBs and VOSBs.

(b) At the time of submission of offer, the offeror must represent to the contracting officer that it is a—

(1) SDVOSB concern or VOSB concern;

(2) Small business concern under the North American Industry Classification System (NAICS) code assigned to the acquisition; and

(3) Verified for eligibility in the VIP database.

(c) A joint venture may be considered an SDVOSB or VOSB concern if

(1) At least one member of the joint venture is an SDVOSB or VOSB concern, and makes the representations in paragraph (b) of this section;

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

(3) The joint venture meets the requirements of paragraph 7 of the size standard explanation of affiliates in FAR 19.101; and

(4) The joint venture meets the requirements of 13 CFR 125.15(b), modified to include veteran-owned small businesses where this CFR section refers to SDVOSB concerns.

(d) Any SDVOSB or VOSB concern (nonmanufacturer) must meet the requirements in FAR 19.102(f) to receive a benefit under this program.

DESCRIPTION OF WORK:

Cost Range: $3,000,000 and $5,000,000

1. PROJECT DESCRIPTION:

Renovate existing Clean Rooms and Patient Rooms to provide USP800 Compliance Clean Room at the ground floor pharmacy area and fourth floor pharmacy areas in Building 500.

The project includes the renovation and expansion of two (2) existing pharmacy compounding spaces for compliance with United States Pharmacopeia (USP) 800, “Hazardous Drugs Handling in Healthcare Settings” requirements.

1. PROJECT LOCATION:

Department of Veteran Affairs Greater Los Angeles Healthcare System 11000 Wilshire Blvd.

Los Angeles, CA 90073

1. CONTRACT SPECIALIST:

Edeltraud (Angel) Arellano Email – Edeltraud.Arellano@va.gov

1. TYPE OF CONTRACT:

Firm Fixed Price

1. ESTIMATED COST RANGE:

Between $2,000,000 and $5,000,000. (In accordance with (IAW) VAAR 836.204(f))

1. DESIGN:

This project includes Specifications, Schedule, and Basis of Design (included as Attachments).

1. ESTIMATED COMPLETION TIME:

548 Calendar Days/18 Months

1. PRE-BID CONFERENCE AND SITE VISIT:

An organized pre-bid conference and site visit will be conducted Wednesday April 15, 2020 at 9:00 AM PST at Building 218, Room 321 on 3rd Floor at the VA West Los Angeles (WLA) Campus, 11000 Wilshire Blvd., Los Angeles, CA 90073, proceeding to Building 500 Pharmacy areas thereafter.

Attendance is not mandatory, however, all interested bidders are strongly encouraged to attend, that prospective offerors can satisfy themselves and potential subcontractors of the obvious conditions. Failure to identify obvious conditions do not constitute a valid claim for a differing site condition once the work is executed. Attendees will afford their own protective gear necessary for the safety of their personnel. COVID-19 Precautionary Equipment (such as masks and other personal protective equipment (PPE)) will NOT be furnished by the Government. No other site visits shall be scheduled.

1. BID CONTENTS:

8. Standard Form 1442. (Box 14-20 completed and signed acknowledging all amendments).

8. Bid Guarantee/Bond (using SF24).

8. Contractor’s License - All Bidders shall submit, issued to the SDVOSB Prime, a current copy of their General Contractor’s License, or for those States that do not issue a General Contractor’s License, a State issued construction license that pertains to the remodeling or renovation of a building structure.

8. Safety or Environmental violations and Experience Modification Rate (EMR) - All Bidders shall include with their Bid, past Safety and Environment record and current Experience Modification Rate. See paragraph 23.

8. VETS-4212, Federal Contractor Veterans’ Employment Report. See paragraph 21.

1. BID DUE DATE:

Submit One (1) electronic of Bid Contents no later than Monday May 11, 2020 2:00 p.m.* (PST) to email address: Edeltraud.Arellano@va.gov *Bids received after the time and date specified above, shall be rejected as late.

1. BID OPENING:

Will be held on Monday May 11, 2020 2:00 p.m. PST via SKYPE MEETING due to COVID-19 Location: Department of Veteran Affairs 777 E. Missouri Ave, Suite 300 Phoenix, AZ 85014

1. OFFER GUARANTEE (BID BOND):

An offer guarantee is required. Per FAR Clause 52.228-1 – Bid Guarantee – paragraph (c), the amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less.

1. PAYMENT AND PERFORMANCE BONDS:

If the contract will exceed $150,000 (see FAR 28.102-1 for lesser amount), the bidder to whom award is made will be required to furnish two bonds, a Payment Bond, SF 25A, and a Performance Bond, SF 25, each in the penal sum as noted in the solicitation.

1. DAVIS BACON WAGE RATE

Compliance to Labor Standards Provisions and Bid Davis Bacon Wage Rate Determinations for Los Angeles County is required.

1. NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS)

The North American Industry Classification System (NAICS) Code for this procurement is 236220.

1. BUY AMERICAN ACT:

VA does not anticipate accepting an offer that includes foreign construction material. More info about this can be found under the following provisions and clauses: FAR 52.225-9, 52.225-10; VAAR 852.236-89.

1. REQUEST FOR INFORMATION:

All Requests for Information (RFIs) regarding this IFB must be received no later than 1:00 p.m. PST April 13, 2020 via e-mail to Edeltraud.Arellano@va.gov , to allow a reply to reach all prospective bidders before the submission of their bids. Responses to questions will be posted as an amendment to the solicitation and the government reserves the right to consolidate questions and responses.

1. Amendments to the solicitation must be acknowledged in the space provided in Block 19 of the SF1442 or by returning a signed copy of the amendment with the bid on the bid due date.

1. Bidders are strongly cautioned to check the Federal Contract Opportunities https://beta.sam.gov/search?index=opp website frequently and to “refresh” their web page to ensure they have the latest information.

1. This solicitation requires registration with the System for Award Management (SAM) pursuant to applicable regulations and guidelines. All must also complete an electronic annual representations and certifications (formerly ORCA). Registration information can be found at www.sam.gov.

1. Bidders are required to provide confirmation of their submission of the annual form VETS-4212, Federal Contractor Veterans’ Employment Report. http://www.dol.gov/vets/vets100verification.htm).

1. This solicitation is 100% Set-Aside for Service-Disabled Veteran Owned Small Business (SDVOSB). Public Law 109-461, 38 USC Sec. 8127 provides SDVOSB and VOSB Set Aside authority to the VA. Businesses must be registered and verified in the VIP database at Vendor Information Pages (VetBiz).

1. SAFETY OR ENVIRONMENTAL VIOLATIONS AND EMR

1. All Bidders shall submit information pertaining to their past Safety and Environmental record. The information will be reviewed such that the bidder has no more than three (3) serious, or one (1) repeat or one (1) willful Occupational Safety and Health Administration (OSHA) or any Environmental Protection Agency (EPA) violation(s) in the past three (3) years.

1. All Bidders/Offerors shall submit information pertaining to their past Safety and Environmental record. The information must contain a certification that the bidder/offeror has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or any EPA violation(s) in the past three years. If such certification cannot be made, a Bidder/Offeror shall 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.

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

1. 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.

1. A Determination of Responsibility will be accomplished for the apparent awardee prior to processing the award. The above information, along with other information obtained from Government systems, such as the Occupational safety and Health Association (OSHA) and Environmental Protection Agency (EPA) online inspection history databases will be used, in part, to make the Determination of Responsibility. Failure to affirm being within the guidelines above will result in a determination of “Non-Responsibility” for the bidder. Failure to submit this information will result in a determination of “Non-Responsive” for the bidder. Note: Any information received by the Government that would cause for a negative Determination of Responsibility will make the bidder ineligible for award.

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

- - END OF SECTION -

STATEMENT OF WORK

The project includes but is not limited to the following Work:

Provide all necessary services to meet the project objectives and requirements and to provide the required outcome in terms of overall quality, timeliness, and documentation. Obtain and coordinate the services of any and all third-party Contractors performing other services on-site and other entities as part of the contract to ensure the expected quality, timely, and documented final product.

The project includes general construction; alterations; necessary removal of existing equipment; heating, ventilating, and air-conditioning (HVAC); electrical; plumbing; fire alarm; direct digital control (DDC); and commissioning. The project includes a renovation and expansion of two (2) existing pharmacy compounding spaces for compliance with United States Pharmacopeia (USP) 800, “Hazardous Drugs Handling in Healthcare Settings”, requirements. The Ground Level pharmacy compounding space currently only provides Sterile, Non-Hazardous Compounding. The existing spaces within the Pharmacy Department will be converted to expand services for storage and compounding of hazardous drugs with a shared ante space. The Fourth-Floor pharmacy compounding space directly supports the Infusion Center and only provides for Hazardous Compounding. The existing spaces and adjacent abandoned Patient Room will be converted to expand services for storage and compounding of hazardous drugs, a shared ante space, and Sterile, Non-Hazardous Compounding services.

The HVAC system consists of two (2), new custom air-handling units (AHU’s) with steam humidifiers, venturi air valves, fan-powered high-efficiency particulate air (HEPA) filters, and multiple exhaust fans. The equipment is located in the interstitial spaces of the hospital as well as on the roof. The exhaust ductwork will be routed on the exterior of the building. The new AHU’s will be served by the hospital’s chilled water, heating hot water, and steam system. Due to the phasing of the project, multiple pre-TAB’s and final TAB’s will be required. All HVAC systems provided as a part of this project will be connected to the hospital’s existing DDC system. The HVAC systems shall be controlled by a DDC system and seamlessly interface with the hospital’s existing Siemens Apogee system without the use of gateways.

Detailed shop drawings shall be provided by the contractor in 3D for all disciplines to assure coordination prior to the start of construction.

The plumbing system consists of an extension of the existing domestic cold water, hot water, and hot water return system as well as the waste and vent systems to scrub sinks and emergency eyewash stations. The existing anterooms include a sink and eyewash that will be demolished under this project scope.

The HVAC and plumbing systems shall be commissioned in compliance with ASHRAE and AABC/NEBB Standards to assure proper system operation and compliance with the contract and USP 800 requirements.

The primary electrical system consists of new circuit breakers at the existing electrical service equipment and shall feed a new panelboard to serve the electrical loads for the project. New feeder conductors will be pulled from the existing electrical service to the location of the new panelboards for this project. Branch circuits are required for lighting, power, and HVAC. Power to HVAC package and air handling equipment will be served at 277/480V, 3-phase. Power to user receptacles and lighting within the area of work will be 120/208V, 3-phase, 4-wire from the new panelboard “GBLE-1”. Interior lighting will be light-emitting diode (LED) with automatic controls and occupancy sensors per 2016 Title 24 energy code, including photo-sensing devices within daylight zones. All light fixtures will be rated for cleanroom use and rated International Organization for Standardization (ISO) level 7.

The fire alarm system shall consist of extending the existing Edwards EST-3 fire alarm system on the Ground Level and Fourth Level pharmacies. The existing fire alarm system shall remain in service and fully functional during the installation. The upgraded fire alarm system shall require cable and conduit between all fire alarm panels, devices, and appliances, as well as synchronized alarm speaker/strobe circuits and duct smoke detectors for fan stop control.

The structural work for the project consists of seismic bracing for required piping and equipment. The contractor shall hire the services of a seismic engineer to submit detailed seismic design drawings stamped and signed by a licensed engineer. Supplemental steel is required to support the new air-handling equipment and concrete floor penetrations.

2.1 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

(End of Provision)

2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of Provision)

2.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the—

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is

(End of Provision)

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

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

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

(c) Evaluation of offers.

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

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.5 52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

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

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of Provision)

2.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Hand-Carried Address:

Department of Veterans Affairs 777 E. Missouri, Suite 300 Phoenix AZ 85014 Mailing Address:

Department of Veterans Affairs 777 E. Missouri, Suite 300 Phoenix AZ 85014

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

2.7 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for— Wednesday April 15, 2020 at 09:00AM PST

(c) Participants will meet at— Bld 218 Room 321, 11000 Wilshire Blvd, Los Angeles, CA 90073 (End of Provision)

2.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Provision)

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

(End of Clause)

2.10 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)

2.11 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:

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2020)

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

(2) The small business size standard is $39.5 Million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(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 & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(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.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(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 items.

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

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.

(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[X](i) 52.204-17, Ownership or Control of Offeror.

[X](ii) 52.204-20, Predecessor of Offeror.

[](iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

[](iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Certification.

[](v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Certification.

[](vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

[](vii) 52.227-6, Royalty Information.

[](A) Basic.

[](B) Alternate I.

[](viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of Provision)

3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019) The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications—Commercial Items.

(a) Definitions. As used in this provision— Covered telecommunications equipment or services, critical technology, and substantial or essential component have the meanings provided in clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that it [ ] will, [ ] will not provide covered telecommunications equipment or services to the…