36C25919R0090-001.docx

36C25919R0090 Attachments

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 t ime. 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 accepta nce after the date offers are due will not be considered and will be rejected.

36C25919R0090 X 04-17-2019 623-15-104 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111 robyn.young2@va.gov

Robyn Young 307-433-3728 Contractor shall provide all labor, equipment, materials and supervision necessary to perform all work required for this project in accordance with all drawings, specifications, and the scope of work. The project is located at the Jack C.

Montgomery VAMC, 1101 Heights Dr., Muskogee, OK, 74401.

Project magnitude: between $2,000,000 and $5,000,000. The NAICS code is 236220 Small Business size standard is $36.5 M

In ac cordance with P.L. 109-461, this acquisition is 100% set aside for Service Disabled Veteran Owned Small Businesses concerns. See VAAR 852.219-10, Notice of Total Service Disabled Veteran Owned Small Business Set-Aside of this solicitation for informa tion in regard to requirements in order to be considered. Offerors must be both VISIBLE and VERIFIED by the Department of Veterans Affairs Center for Verification and Evaluation (CVE) prior to contract award.

Failure to be both VERIFIED by CVE and VISIBLE on VetBiz prior to contract award will result in the offeror’s proposal being deemed non-compliant. All offerors are urged to contact the CVE and submit the required documents to obtain CVE verification of their SDVOSB statusif they have not already done so.

In accordance with FAR 52.204-7, System for Award Management (SAM), prospective contractors shall be registered in the SAM database at the time of proposal.

A site visit will be held on April 30, 2019 at 11:00 AM Central Daylight Time(CDT). Attendees will meet at Building 11 at the Jack C Montgomery VAMC. Refer to parking diagram and Station Map for location informaiton.

All questions in relation to this solicitation must be submitted in writing via e-mail to robyn.young2@va.gov and received no later than 15 work days prior to closing date to permit adequate time for the Government to reply to inquiries.

Instructions, Conditions, and Notices to Offerors. All submitted proposals must be received in email by the closing date and time. The solicitation closes May 22, 2019 at 2:00PM CDT. The documents required to be received are Technical Proposal, Past Performance and Price Proposal. Proposals shall be submitted via e-mail in accordance with Part I/Section B, to be considered for this project. Proposals received in any other format will be considered non-compliant. A hard copy bid bond must be received at theaddress listed on page 8 prior to the closing date and time.

x x 52.211-10 X

2:00 PM CST

05-22-2019 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

AME

NDMENT

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 AUT

HORIZED

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 of fice.)

(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

36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111 Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971

Table of Contents

A.3 STATEMENT OF WORK

Project 623-15-104 Replace Air Handling Units Summary of Work:

Contractor shall provide all labor, materials and equipment to furnish a fully functional system per drawings and specifications for Project 623-15-104 Replace Air Handling Units at Jack C. Montgomery VA Medical Center, Muskogee Oklahoma. Major work includes architectural, mechanical and electrical modifications in Building 1 of the Muskogee VA campus.

1. Replace 4 air handling units to include modification of supporting systems and ductwork:

a. Existing AHU-MISI, serves 3rd, 4th, and 5th Floor B wing Bldg.1, ~93 ton dual duct central station unit. This HVAC system is redesigned for return air and VAV with reheat with significant architectural modification of ceilings on the 5th floor and new duct penetrations into building.

b. Existing AHU-Dental, serves Bldg. 1 A Wing 2nd floor dental lab and offices on 4th floor, ~9 ton VAV with reheat central station unit. Work will include modification of distribution ductwork.

c. Existing AHU-Chapel, serves chapel and offices B Wing 1st floor, ~6 ton single zone DX unit. This HVAC unit is redesigned to use chilled water via new piping installed on this project.

d. Existing AHU-Downing Room, serves multipurpose room and offices 2nd floor B Wing, ~6 ton single zone DX unit. This unit is redesigned to use chilled water via new piping installed on this project.

2. Replace/modify 3 Hot water reheat systems:

a. C-Wing Tunnel System, serves 4-pipe fan coil units on the West perimeter of 1st floor and 2nd floor C Wing and 1st floor Primary Care. This system shall be demolished and the piping connected to the Clinical Addition reheat system.

b. Clinical Addition System, serves 1st and 2nd floor C wing and E Wing VAV units and AHU heating coils on AHU-1 through AHU-7

c. AB Tank Room System, serves 1st and 2nd floor Building 1 A-Wing convection units. System will be resized and piping added to serve reheat on new AHU-MISI.

3. General exhaust fans and isolation exhaust fans serving Building 1 shall be replaced and VFDs installed on selected units.

4. Replace three existing steam pressure reducing valves with new.

Refer to plans and specifications for the detailed extent of all work to be performed. All work shall be commissioned. Significant evening and weekend work will be required to keep existing services active during construction. All work shall be completed within 270 days from Notice to Proceed.

A.4 BID SCHEDULE

Page 1 of

Project 623-15-104 Replace Air Handling Units

Line Item 1: GENERAL CONSTRUCTION: Contractor shall provide all labor, materials and equipment to furnish a fully functional system per drawings and specifications for Project 623-15-104 Replace Air Handling Units at Jack C. Montgomery VA Medical Center, Muskogee Oklahoma.

Line Item 1 Price $_____________________

01 00 00 -

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

MAIL BONDS TO:

Mailing Address:

Cheyenne VA Medical Center 442-90C ATTN: Robyn Young 2360 E Pershing Blvd.

Cheyenne WY 82001

36C25919R0090

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

Page 1 of

Page 1 of

PART I - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

PART I/SECTION A – REQUEST FOR PROPOSAL

I.1A JOINT VENTURES

If submitting an offer as a joint venture as defined by P.L. 109-461 AND Department of Veterans Affairs I.L. 049-06-4, http://www.vetbiz.gov/library/jtventure.pdf , an offeror must provide a copy of the joint venture agreement specific to the project that is consistent with the percentage of required work and net proceed. Additionally, the offeror must provide a breakdown or labor of which is to be performed by the SDVOSB firm and that which is performed by the small business joint venture firm and that which is sub-contracted. All Joint Ventures will be required to be registered and verified as an entity in VETBIZ.

I.2A SELECTION PROCEDURES

This acquisition will be a competitive acquisition utilizing FAR Part 15 source selection employing lowest price technically acceptable (LPTA) source selection procedures. Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-price factors. It is the intent of the Government to award without discussions; however, the Government will reserve the right to have discussions if such are needed.

I.3A PRE-PROPOSAL SITE VISIT

A site visit will be held on April 30, 2019 at 11:00 AM Central Daylight Time (CDT) at Building 11 Conference Room at the Jack C. Montgomery VAMC, 1101 Honor Heights Dr., Muskogee, OK 74401. All offerors, consultants, subcontractors, manufacturers and suppliers are encouraged to attend this meeting to familiarize themselves with the project, project site, and to provide any questions regarding this solicitation and project, in writing, prior to the scheduled conference date. Please see Site Diagram and Hatbox Parking diagram for information about parking. See FAR Clause 52.236-3, Site Investigation and Conditions Affecting the Work, and FAR Provision 52.236-27, Site Visit (Construction) of this solicitation.

I.4A Evaluation Factors This acquisition will be a competitive acquisition utilizing FAR Part 15 source selection employing LPTA source selection procedures. The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation, is found to be technically acceptable and offers the lowest price. It is the intent of the Government to award without discussions; however, the Government will reserve the right to have discussions if such are needed.

Award will be made on a LPTA basis considering the following factors:

Factor 1 – Technical Sub-Factor 1 - Construction Experience Sub-Factor 2 - Safety Factor 2 – Past Performance Factor 3 – Price

The LPTA solicitation, which is best value resulting from selection of the technically acceptable proposal with the lowest fair and reasonable price. Price will only be considered after Factors 1 and 2 have been found to be considered “Technically Acceptable.”

Factors 1(including all sub factors) and 2 must both be acceptable to be considered for an award. The offeror that is rated with the lowest “fair and reasonable price” shall be selected if Construction Experience, Safety and Past Performance are rated “Acceptable.”

The distinction between experience and past performance is that construction experience pertains to the volume of work completed by a contractor that are comparable to the types of work described under the definition of recent, relevant projects, in terms of size, scope, and complexity. Past performance pertains to both the relevance of recent efforts and how well a contractor has performed on the contracts.

Factor 1-Technical Factors Sub factor 1--Construction Experience

(a) Submit a minimum of one (1) and a maximum of three (3) relevant construction projects for the offeror that best demonstrates your experience on relevant projects that are similar in size, scope, and complexity to the RFP. The offeror shall have relevant construction experience as a prime construction contractor directly responsible to the owner and managing multiple subcontractors. For purposes of this evaluation, a relevant project is further defined a project that involves renovations that includes replacement of air handling units and replacement of HVAC terminal units at an active medical facility. Project(s) shall have a minimum value of $1,000,000.00 and be completed, including all options, within the past five years from the issuance of the RFP.

The offeror shall provide the following information for each project example: description/narrative/photos of the project, scope, location, construction contract award amount and final construction cost, the construction start date, original contract finish date and the actual finish date. Include signed teaming agreements that would be applicable on joint-venture or other teaming arrangements. Narratives on each project should include a brief overview and photo(s) and address the relevance to the solicited project. For each project provide the name, address, telephone number, e-mail address, and fax number of a representative of the owner/customer and an alternate individual not affiliated with your firm who is familiar with your firm and familiar with your firm’s experience on the project. Project narratives should identify applicable construction experience for government and non-government construction projects

(b) Basis of Evaluation:

In order to be considered acceptable for this factor, the offeror must demonstrate construction experience as a prime construction contractor directly responsible to the owner and managing multiple subcontractors on a minimum of one (1) project that involves renovations that includes replacement of air handling units and replacement of HVAC terminal units at an active medical facility. Project(s) shall have a minimum value of $1,000,000.00 and be completed, including all options, within the past five years from the issuance of the RFP.

Sub Factor 2—Safety

(a) Solicitation submittal requirements The Offeror shall submit the following information: (For a partnership or joint venture, the following submittal requirements are required for each Contractor who is part of the partnership or joint venture and for the entity itself. EMR shall not be submitted for subcontractors.)

(1) OSHA or EPA Violation(s) Offerors shall provide verification affirming that the offeror has no more than three serious, or one repeat, or one willful OSHA or EPA violation(s) in the past 3 years.

(2) Experience Modification Rate (EMR) Offerors shall provide documentation to show that the offeror has an Experience Modification Rate (EMR) of equal to or less than 1.0.

(b) Basis of Evaluation: The Government will evaluate the documentation to ensure that the contractor has no more than three serious, or one repeat, or one willful OSHA or EPA violations(s) in the past three years; and must have an Experience Modification Rate (EMR) of equal to or less than 1.0.

NOTE: Failure to provide verification affirming that the offeror has no more than three serious, or one repeat, or one willful OSHA or EPA violation(s) in the past 3 years and EMR documentation will result in the proposal being considered deficient and an overall rating of unacceptable will be assigned.

Factor 2 – Past Performance:

(a) Offerors shall provide past performance information on completed contracts (including Federal, State, local government or private) to demonstrate their ability to perform the proposed work identified within the Specifications and Statement of Work. If a completed Contractor Performance Assessment Reporting System (CPARS) evaluation is available, it shall be submitted with the proposal for each project included in Factor 1 for construction experience. The Government may also evaluate recent and relevant past performance, as defined in Factor 1, based upon sources available to the contracting officer that may include Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS) and Electronic Subcontract Reporting System (eSRS). IF THE OFFEROR CANNOT PROVIDE A CPARS FOR PROJECTS LISTED IN FACTOR 1, then the offeror shall submit Past Performance Questionnaires (PPQ) for each project included in Factor 1. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs.

(b) Basis of Evaluation:

In order to be considered acceptable for this factor the offeror must have received satisfactory or better evaluations on all recent and relevant projects as defined in Factor 1.

In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror may not be evaluated favorably or unfavorably on past performance. If that offeror is otherwise acceptable for non-price factors and has the lowest price the matter will be referred to the Small Business Administration for a Certificate of Competency, in accordance with the procedures contained in FAR Subpart 19.6, and 15 U.S.C. 637(b)(7).

Factor 3 – Price

(a) Solicitation Submittal Requirements: • Standard Form 1442, Solicitation Offer and Award.

• All pages of the SF1442 Continuation Sheet.

• Cost breakdown.

(b) Basis of Evaluation: • Comparison of proposed prices received in response to the RFP.

• Comparison of proposed prices with the IGCE.

• Comparison of proposed prices with available historical information.

This acquisition will be a competitive acquisition utilizing FAR Part 15 source selection employing LPTA source selection procedures. Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors.

If the offeror communicates in its proposal any qualifications, exclusions, or conditions to the proposed prices not provided for in the Contract Documents, then the Contracting Officer may reject the proposal and exclude the Offeror from further discussions.

Factors 1 through 3 (Technical, Past Performance and Price) must all be acceptable to be considered for an award. Price will only be considered after Factors 1 and 2 have been found to be considered “Technically Acceptable.”

NOTE: no assumptions or exceptions will be accepted.

END OF SECTION

PART I/SECTION B - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

I.1B COST RANGE: Between $2,000,000.00 and $5,000,000.00 I.2B GENDER: Wherever the masculine gender is used in this solicitation and contract documents, it shall be considered to include both masculine and feminine.

I.3B METRIC PRODUCTS:

Products manufactured to metric dimensions will be considered on an equal basis with those manufactured using inch-pound units, providing they fall within the tolerance specified using conversion tables contained in the latest revision of Federal Standard No. 376, and all other requirements of this document are met.

If a product is manufactured to metric dimensions and those dimensions exceed the tolerance specified in the inch-pound units, a request should be made to the Contracting Officer to determine if the product is acceptable. The Contracting Officer, in concert with the Contracting Officer’s Representative (COR), will accept or reject the product.

I.4B REQUESTS FOR INFORMATION:

All requests for information must be submitted in writing to robyn.young2@va.gov for action no later than the date shown in Block 10 of the Standard Form 1442, Solicitation, Offer and Award.

I.5B PROPOSAL REQUIREMENTS

General – Both technical and price proposal shall be submitted in response to this solicitation. Proposals shall be submitted via email to robyn.young2@va.gov. Emails are limited to fifteen (15) MB. The proposal, in its entirety, shall not exceed two emails (one email for price proposal, and one email for technical proposal) of 5MB each. Technical proposals (not including past performance questionnaires) are limited to 30 pages. If the page limits are exceeded, the pages in excess of the limit will not be read or considered. Price shall be in a separate electronic document from the technical and past performance portions of the proposal. The offeror’s technical response shall clearly address each evaluation factor listed in this solicitation. Failures to submit in the format required and clearly address those factors may result in rejection of the offer.

1.6B BONDS

An original Bid Bond, in the amount of twenty (20%) percent (but not to exceed $3,000,000) of the bid price shall be mailed to the address listed below and be received at the address no later than the closing date and time. Failure to furnish the required bid guarantee in the proper form (Standard Form 24) and amount, by the time set for opening, will require rejection of the bid in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then. SEE FAR Provision 52.228-1, Bid Guarantee, of this Solicitation. Electronic copies of the proposals will be time/date stamped by Microsoft Outlook upon receipt of email. Further details on electronic submission are outlined below.

Proposals shall be received by 2:00 PM Central Time on May 22, 2019. There will be no public opening of the proposals. Submit proposals to: robyn.young2@va.gov.

Submit bid bonds to:

Mailing Address:

Cheyenne VA Medical Center 442-90C ATTN: Robyn Young 2360 E Pershing Blvd.

Cheyenne WY 82001

Technical and price sections of the offeror’s proposal will be evaluated independently. Therefore, offerors shall submit technical and price sections as separate electronic files.

Offerors shall include all required Representations and Certifications and complete their registration in System for Award Management (SAM). See FAR 52.204-7 and 52.204-8 of this solicitation.

Important Notice: Apparent successful offerors must apply for and receive verification from the Department of Veterans Affairs Center for Verification and Evaluation (CVE) in accordance with 38 CFR Part 74 and VAAR 819.70 by submission of documentation of Veteran status, ownership and control sufficient to establish appropriate status, offerors must be both VISIBLE and VERIFIED by the Department of Veterans Affairs Center for Verification and Evaluation prior to contract award. Failure to be both VERIFIED by CVE and VISIBLE on VetBiz prior to contract award will result in the offeror’s proposal being deemed non-compliant. All offerors are urged to contact the CVE and submit the aforementioned required documents to obtain CVE verification of their SDVOSB status if they have not already done so.

I.6B REQUIREMENTS FOR ELECTRONIC SUBMISSION OF OFFER

Unless paper offers are specifically authorized in an individual solicitation, all responses to solicitations must be submitted electronically as described below. Responses submitted in a paper form are unacceptable. Failure to comply with this requirement may jeopardize the possibility of receiving an award for the contract due to noncompliance with the terms of the solicitation. You must submit your electronic offer, and any supplemental information (such as spreadsheets, backup data, technical information), using any of the electronic formats and media described below.

In addition, contractors are notified of the award via an electronic Notice of Award e-mail. The award document will be attached to the Notice of Award e-mail.

Acceptable Electronic Formats (Software) for Submission of Offers

1. Files readable using the current Microsoft© Office version Products: Word, Excel, PowerPoint, or Access. Please see security note below for caution regarding use of macros. When submitting construction drawings contractors are required to submit one set in AutoCAD and one set in Adobe PDF. (purpose: contracting can open the PDF version and engineering can open AutoCAD files).

2. Files in Adobe© PDF (Portable Document Format) Files: When scanning documents scanner resolution should be set to 200 dots per inch, or greater.

3. Other electronic format. If you wish to submit an offer using another format other than described in these instructions, e-mail the Contracting Officer who issued the solicitation. Please submit your request at least ten (10) calendar days before the scheduled closing date of the solicitation. Request a decision as to the format acceptability and make sure you receive approval of the alternate format before using it to send your offer.

4. Please note that we can no longer accept .zip files due to increasing security concerns.

E-mail Submission Procedures: For simplicity in this guidance, all submissions in response to a solicitation will be referred to as offers.

a. Subject Line: Include the solicitation number, name of company, and closing date of solicitation. Use only one of the terms Quotation, Offer, or Bid depending on the solicitation type.

b. Size: Maximum size of the e-mail message shall not exceed five (5) megabytes. Only one email is permitted unless otherwise stated in this solicitation or in writing by the Contract Officer submitting the solicitation.

c. Unless approved by the contracting officer: DO NOT submit a link to your PDF documents. Please submit your request in an email for other electronic format at least ten (10) calendar days before the scheduled closing date of the solicitation. Request a decision as to the format acceptability and ensure you receive approval of the alternate format before using it to send your offer.

Each electronic offer must also include a signed and scanned SF-1442, Solicitation, Offer, and Award (Construction, Alteration, or Repair)

The Microsoft Outlook © Email time/date stamp will be used to date and time stamp offers for the official record of receipt for the submission. The date and time stamp in recipients “inbox” is the official record of receipt.

Security Issues, Late Bids, Unreadable Offers

1. Late submission of offers are outlined at FAR 52.215-1(c)(3). Particular attention is warranted to the portion of the provision that relates to the timing of submission.

2. Please see FAR 15.207(c) for a description of the steps the Government shall take with regard to unreadable offers.

3. To avoid rejection of an offer, vendors must make every effort to ensure their electronic submission is virus-free. Submissions or portions thereof submitted and which the automatic system detects the presence of a virus or which are otherwise unreadable will be treated as “unreadable” pursuant to FAR 15.207(c ).

4. The virus scanning software used by our e-mail systems cannot always distinguish a macro from a virus. Therefore, sending a macro embedded in an e-mail message or an e-mail attachment may cause the e-mail offer to be quarantined. You may send both the spreadsheet and the spreadsheet saved in PDF format to ensure that your proposal is readable.

5. Password protecting your offer is not permitted. The Contracting Officer will file the offer electronically which will allow access only by designated individuals.

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 Muskogee County, OK

(End of Provision)

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

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

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

(c) Evaluation of offers.

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

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

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

Hand-Carried Address:

Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111 Mailing Address:

Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

(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— 04/30/2019 at 11:00 AM CST

(c) Participants will meet at— Building 11, Jack C. Montgomery VAMC, 1101 Honor Heights Dr., Muskogee, OK 74401 (End of Provision)

2.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Provision)

2.8 52.236-28 PREPARATION OF PROPOSALS—CONSTRUCTION (OCT 1997)

(a) Proposals must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a proposal must initial each erasure or change appearing on any proposal form.

(b) The proposal form may require offerors to submit proposed prices for one or more items on various bases, including—

(1) Lump sum price;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of paragraphs (b)(1) through (b)(3) of this provision.

(c) If the solicitation requires submission of a proposal on all items, failure to do so may result in the proposal being rejected without further consideration. If a proposal on all items is not required, offerors should insert the words "no proposal'' in the space provided for any item on which no price is submitted.

(d) Alternate proposals will not be considered unless this solicitation authorizes their submission.

(End of Provision)

2.9 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)

2.10 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:

2.11 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)

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

(2) The small business size standard is $36.5 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) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

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

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

(ix) 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.

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

(xi) 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.

(xii) 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.

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

(xiv) 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.

(xv) 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.

(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated…