36C26020Q0177_3.docx

36C26020Q0177 Section J

1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

Prescribed by GSA-FAR (48 CFR) 52.236-1(d)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SEALED BID (IFB)

NEGOTIATED (RFP)

11. The Contractor shall begin performance within ____________ calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See _____________________________).

YES

NO

a.

Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

b.

An offer guarantee is, is not required.

c.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d.

Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

36C26020Q0177 07-13-2020

TBD

692-20-3-1677-0013 692-20-115 Department of Veterans Affairs Network Contracting Office 20 ATTN: Dennis Einarson 5115 NE 82nd Ave, Suite 102 Vancouver WA 98662 Department of Veterans Affairs Network Contracting Office 20 ATTN: Dennis Einarson 5115 NE 82nd Ave, Suite 102 Vancouver WA 98662 Dennis Einarson

(360) 852-9884 Project Title: Reuse CT Trailer Enhance Native American Yurt Project Number: 692-20-115 Project Location: VA SORCC White City, OR

Contractor shall provide all necessary supervision, labor, tools, equipment, and materials necessary to complete all work in strict accordance with the attachments to this solicitation

VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside applies to all items in this solicitation

Small business size standard for NAICS code 236220 is $36.5million.

Offerors shall meet all solicitation requirements and ensure current registration as an SDVOSB under NAICS code 236220 in the System for Award Management (SAM) and the Center for Veterans Enterprise (CVE) Vendor Information Pages (VIP).

POP Base Bid: 56 days POP Option 1: 21 days POP Option 2: 21 days See attached

X X X 08-17-2020 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( 41 U.S.C. 3304(a) (

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

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

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

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

TO SIGN

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

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

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

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

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

(Contractor is not required to sign this document.)

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

Department of Veterans Affairs Network Contracting Office 20 5115 NE 82nd Ave, Suite 102 Vancouver WA 98662 Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

Table of Contents

1. PRICE/COST SCHEDULE

The contractor shall provide all necessary equipment, labor, materials and supervision to complete all work required as described in the SOW for the VA White City Oregon SORCC. Pricing shall reflect appropriate scope of work for the project as described in the specifications.

PRICE

See Attached SOW Work will be completed in 56 calendar days from Notice To Proceed.

See Attached SOW Work will be completed in 21 calendar days from Notice To Proceed.

See Attached SOW Work will be completed in 21 calendar days from Notice To Proceed.

1. INFORMATION REGARDING QUOTATION MATERIAL, BID GUARANTEE AND BONDS

GENERAL INFORMATION

1. The Contracting Officer will determine offeror responsibility in accordance with the provisions of the Federal Acquisition Regulation, Part 9.1.

1. The responsibility requirements are applicable to all subcontracting tiers. Prime contractors are responsible for determining the responsibility of their prospective subcontractors

1. Payment bond is required and bid bond is not required for this solicitation (Reference FAR Clause 52.228-13).

1. Construction Magnitude: Between $25,000 and $100,000 (Reference FAR 36.204).

1. INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

0. INTRODUCTION/STATEMENT OF WORK

You are invited to submit a quotation in response to Request for Quotation (RFQ) titled, “692-20-115 Reuse CT Trailer Enhance Native American Yurt Area Yurt Area”. This project will move the existing CT trailer from its current location outside of B201A to the Yurt area and renovate the trailer to provide a shower/bathroom/meeting room for the American Indian Sweat Lodge. This is project includes: moving the CT structure from its current location to the Yurt area; disconnecting the weld plates and utilities from the existing foundation before moving; saw cutting of sidewalk and minor excavation to reach the weld plates; welding the CT structure to the new foundation; demo the existing driving range shack, capping any utilities and saving the existing electrical transformer for the CT structure; excavating and compacting subgrade for the new concrete footings, framing and pouring of concrete; installation of new sewer and new water. Refer to the attached Statement of work and drawings.

0. GENERAL INFORMATION

1. All questions and requests for information (RFI) shall be submitted to the Contract Specialist through email. Questions will be accepted up to 08/04/2020, 1400 PDT. The government is not obligated to answer any questions submitted after this date. Inquires received using any other method of communication will not be answered.

1. All emails for questions and RFIs shall use the subject line follows: RFI 36C26020Q0177; 692-20-115 Reuse CT Trailer Enhance Native American Yurt Area Yurt Area

1. Unless otherwise stated, the contracting office POC listed below is the sole point of contact for this acquisition:

Dennis Einarson Contract Specialist E-mail: dennis.einarson@va.gov

1. The solicitation may be amended in accordance with FAR 15.206. All information and instruction regarding such amendments will be published to the FBO website. Any communication not released in an amendment shall not be binding. It is the responsibility of all interested parties to check the FBO website for updates and amendments.

1. This RFQ does not commit the Government to pay any costs incurred in preparation and submission of initial and subsequent offers or for any other costs incurred prior to award of a contract. The offeror will not be participating in a sealed bid procurement process under this procurement. Issuance of this RFQ does not constitute an award or any commitment on the part of the Government.

1. SUBMISSION REQUIREMENTS AND INSTRUCTIONS

0. QUOTATION SUBMISSION INSTRUCTIONS

0. A complete offeror consists of all documents listed under Required Quotation Documents. These are two be submitted in two .PDF files. PDF 1: Delegation of Authorized Representatives, signed SF 1442, signed acknowledgement of all Solicitation Amendments, and Price Schedule. PDF 2: Cover Letter, and Special Standards of Responsibility Proposal.

0. Completed offerors shall submit quotations through email by the date and time indicated on block 13 of the SF 1442, or other established due date and time via amendment.

0. All quotations shall be emailed with the subject line: RFQ Response 36C26020Q0177; 692-20-115 Reuse CT Trailer Enhance Native American Yurt Area Yurt Area

0. Unless otherwise stated, the contracting office POC listed below is the sole point of contact for this acquisition:

Dennis Einarson Contract Specialist E-mail: dennis.einarson@va.gov

0. Offers providing less than 60 calendar days for Government acceptance after date offers are due will not be considered and will be rejected.

0. Offerors shall submit offers in .PDF files. All information requested must be submitted to be considered responsive to the solicitation.

0. It is the responsibility of the offeror to ensure offers reach the designated receiving office no later than the closing time and date. Offerors are highly encouraged to submit offers well in advance of the due date to avoid possible errors transmitting documents.

0. The Government may reject any or all quotations and waive informalities or minor irregularities in quotations received.

0. Proposals shall use a minimum 11-point font in Arial, Calibri, or Times New Roman.

0. PRICE EVALUATION AND AWARD DECISION

The Government intends to award this in accordance with (IAW) FAR 9.104-2 Special Standards of Responsibility, this solicitation contains special standards of responsibility which will allow the Government to select the most qualified Offeror submitting the lowest, reasonably priced proposal. The Government intends to award a contract without discussions; however, the Government reserves the right to hold discussions if determined necessary. The Government intends to award a task order resulting from this solicitation to the responsible and responsive offeror, whose offer is the lowest, reasonable price.

0. SPECIAL STANDARDS OF RESPONSIBILITY

The special standards require experience in projects that are similar in scope and magnitude as the project described in this solicitation, its attachments, and the construction specifications and drawings.

2. Requirements:

0. This portion of your proposal (PDF 2) shall be a maximum of five (5) pages and contain the following:

0. Cover Page: The cover page shall include the company name, address, phone number, DUNS number, POC name and email address. The cover page will not count towards the five-page limitation.

0. Narrative response to special standard of responsibility 1, limited to two pages.

0. Narrative response to special standard of responsibility 2, limited to one page.

0. Narrative response to special standard of responsibility 3, limited to two pages.

0. Any information submitted that is not requested will not be considered. Any information submitted that exceeds the five-page limitation will not be considered.

2. Definition of Similar in Scope: A project where work primarily focused on the excavation and installation of sewer that is required:

0. Shoring or similar OSHA excavation safety requirements

0. Connection to an existing sewer main

0. Sloping the pipes per specs

2. Definition of Similar in Magnitude:

A project that is similar in magnitude will have a final construction cost between $25,000 and $100,000.

2. Special Standard of Responsibility 1 Company Experience: Provide a narrative describing successful completion at least one contract with government agencies or private firms, similar in scope and magnitude to this project, performed in the last 5 years. The narrative shall describe the work performed and successful completion in terms of cost control, quality of work, and compliance with the established schedule. Each narrative shall be limited to one page and must include the following information:

0. Contract number and title.

0. Awarded and final obligated value.

0. Awarded and final period of performance (calendar days).

0. A reference (POC name, email address, & telephone number) of the project owner who can confirm or support the information provided under this factor.

2. Special Standard of Responsibility 2 Key Personnel: Provide a resume for your proposed Superintendent. The resume shall describe experience as a superintendent for projects similar in scope and magnitude to this project. In addition to experience, the resume must also include:

0. The current and previous position titles and length in position

0. Indication of three continuous years of experience as a superintendent

0. Education and relevant certifications

0. One professional reference with phone number

2. Special Standard of Responsibility 3 Experience Modification Rating: Offeror’s shall have an EMR of no more than 1.0 for the most recent year of reporting (2019). Provide documented evidence of the most recent EMR on the offeror’s insurance carrier letterhead.

0. REQUIRED QUOTATION DOCUMENTS

1. Letter designating authorized representatives. Include a separate letter signed by an officer of the company, on company letterhead, that states the authorized representative(s) who can sign the quotation and bind the company in accordance with FAR 4.102. Include any limitations placed on the individual if applicable during the performance period.

1. Signed Standard Form (SF) 1442. SF 1442 shall be signed by an authorized company representative. See FAR 4.102.

1. Acknowledgement of all Amendments issued since the original solicitation issue date. Acknowledgement of Amendments can be done by filling block # 19 of the SF 1442 or by submitting a signed Standard Form (SF) 30.

1. Price Schedule

1. Cover Letter

1. Special Standards of Responsibility Proposal

0. REQUIREMENTS NOTES

4. A quotation that merely reiterates or promises to accomplish the requirements of the RFQ will be considered unacceptable. A quotation that is not presented in an orderly format may be considered noncompliant with solicitation instructions and eliminated from consideration from award. Award consideration will be given to offerors whose quotations are deemed responsive and responsible that conform to the RFQ requirements.

4. The Government reserves the right to waive informalities and minor irregularities in quotations received. If a minor clerical error is found, then the offeror may be given an opportunity to correct the minor error within the constraints of the "clarifications" process in FAR 15.306.

4. Although the assessment of past performance as a specific evaluation factor is separate and distinct from the Determination of Responsibility required by FAR Part 9, past performance information obtained herein will be used during the Government’s responsibility determination. The Government also reserves the right to obtain additional information solely for making a responsibility determination from all offerors after receipt of quotations. Requests for responsibility information do not constitute discussions.

4. The offeror must set forth accurate and complete information as required by this solicitation. The Government will rely on such information in the award of a contract. By submission of a quotation, the offeror agrees that all information provided will be utilized for the duration of the contract and any substitutions will require prior approval by the Contracting Officer. The penalty for making false statements is prescribed in 18 U.S.C. 1001. The offeror shall be responsible for the validity of all information supplied in the quotation, including that provided by potential subcontractors. Should a subsequent investigation disclose that the facts and/or conditions were not as stated; the quotation may be rejected and removed from further consideration for award.

4. Offerors are advised to submit sufficiently detailed information to enable the evaluation board to fully ascertain each offeror’s capability to perform the requirements described under this solicitation. The data submitted with each quotation should be complete and concise, but not overly elaborate. Excessive reliance on promotional brochures is discouraged in submission of quotations.

1. QUOTATION EVALUATION AND BASIS FOR AWARD

EVALUATION PROCEDURES

1. The Government intends to award to the responsible company whose quotation, conforming to the solicitation, will be most advantageous to the Government, considering only price and the price-related factors specified elsewhere in the solicitation. The Government anticipates awarding the contracts based on initial quotations and does not plan to conduct discussions. However, the Government reserves the right to conduct discussions should they become necessary.

1. The government will not accept, nor process, mistakes in quote/bid/proposal. If there is an assumed mistake in quote/bid/proposal, the company will be offered to 1) perform at the original price, or 2) withdraw their quote/bid/proposal submission.

1. The Government may accept any item or combination of items, unless doing so is precluded by a restrictive limitation in the solicitation or the quotation.

1. The Government may reject a quotation as nonresponsive if the prices quoted are materially unbalanced between line items or subline items. A quotation is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the quotation will result in the lowest overall cost to the Government even though it may be the low evaluated quotation, or if it is so unbalanced as to be tantamount to allowing an advance payment.

1. Solicitation Requirements, Terms and Conditions: Offerors are required to meet all solicitation requirements. Failure to comply with the terms and conditions of the solicitation may result in the Offeror being ineligible for award.

1. SPECIAL CONDITIONS

2. THE FOLLOWING SHALL BE DUE WITHIN 10 DAYS OF TASK ORDER AWARD:

0. Schedule & Schedule of Values (reference VAAR 852.236-84)

0. Certificate of Liability Insurance

0. Letter of Delegation (Unique Superintendent)

0. Standard Form 1413, Statement and Acknowledgment (Subcontractor)

0. On-site general and sub-contractor’s construction workers OSHA 10-hour Construction

0. Safety training, 30-hour Construction Safety course, and other relevant competency training.

0. To be eligible for award, the offeror must be listed in VIP as a verified SDVOSB and small for the applicable NAICS code at the time of submission of offers/quotes and prior to award.

2. SUBMITTAL LOG: The contractor shall provide to the Contracting Officer and assigned COR, a copy of the submittal log to be used during administration of this task order within 10 calendar days of award. Alternatively, the contractor may use PROCORE as an acceptable submittal log. If using PROCORE, the contractor shall provide the Contracting Officer and assigned COR access within 10 calendar days of award.

2. SUBMITTALS: The Government shall have a minimum of 7 business days to review each submittal and an additional 7 business days to review each re-submittal. The review period is not concurrent should multiple submittals or re-submittals be received in a 24-hour period. It is the responsibility of the contractor to provide submittals and submittal responses to the Contracting Officer and assigned COR in a timely manner. The submittal review period does not in any way constitute an unreasonable delay, suspension, or interruption of performance of work under this task order.

2. REQUESTS FOR INFORMATION (RFI’s): The Government shall have a minimum of 7 business days to review each RFI and an additional 7 business days to review each RFI re-submittal. The review period is not concurrent should multiple RFI’s be submitted or re-submitted in a 24-hour period. It is the responsibility of the contractor to provide RFI’s and RFI responses to the assigned Contracting Officer and COR in a timely manner. The RFI review period does not in any way constitute an unreasonable delay, suspension, or interruption of performance of work of under this task order.

2. SCHEDULE: The contractor shall submit, to the Contracting Officer and assigned COR, a Critical Path Method (CPM) schedule in accordance with specifications Section 01 32 16 prior to receiving a notice to proceed. The Government shall have a minimum of 7 business days to review the schedule and schedule of values and an additional 7 business days to review any re-submittal. It is the responsibility of the contractor to provide the schedule and schedule of values to the Contracting Officer and assigned COR in a timely manner. The schedule review period does not in any way constitute an unreasonable delay, suspension, or interruption of performance of work under this task order.

2. TAXES: The contract price is considered to include all taxes payable by the contractor

1. GENERAL PROVISIONS

0. CLAUSES:

Clauses and provisions from the Federal Acquisition Regulation (FAR), VA Acquisition Regulation (VAAR), and supplements thereto are incorporated in this document by reference and in full text. Those incorporated by reference have the same effect as if given in full text. Clauses and provisions in this document may not appear in consecutive order.

0. 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)

0. 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 VA SORCC; White City, OR

(End of Provision)

0. 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)

0. 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— Tuesday July 28, 2020 @ 9:00 PDT.

(c) Participants will meet at— Building 229 Conference Room, VA SORCC, White City, OR.

(End of Provision)

0. 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)

1. GENERAL TERMS, CONDITIONS AND STANDARDS

1. 52.225-9 Buy American-Construction Materials.

As prescribed in 25.1102(a), insert the following clause:

Buy American-Construction Materials (May 2014)

(a) Definitions. As used in this clause- Commercially available off-the-shelf (COTS) item-

(1) Means any item of supply (including construction material) that is-

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

"Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means-

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Domestic construction material means-

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if-

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

"Foreign construction material” means a construction material other than a domestic construction material.

"United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

None. [Contracting Officer to list applicable excepted materials or indicate "none”]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1) (i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Item1:

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

(End of clause)

1. 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

1. 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

(a) Definitions. As used in this clause— Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures. (1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of Clause)

1. 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 98 days after receipt of award. The time stated for completion shall include final cleanup of the premises.

(End of Clause) The total period of performance is defined below and a separate NTP will be issued for each phase. NTP 2 will not be issued until a dedicated superintendent is identified for this project. Superintendent designated must be solely delegated to this project while it is in active construction

0. Phase 1 Submittals: 25 calendar days – Submittals shall be submitted within 10 days to allow for review and approval by the government of at least 15 days. It is strongly suggested that the Contractor submit long lead items for approval early in Phase 1 to avoid project delays due to untimely submission of submittals.

0. Phase 2 Physical Construction: Base Proposal 31 calendar days, Option One 21 calendar days, Option Two 21 calendar days – The NTP for Phase 2 will be issued upon receipt of 100% of all material submittals and approval of at least 50% of the material submittals. The period of performance of Phase 2 will be the number of calendar days remaining between the date of Phase 2 NTP and the contract end date established by the Phase 1 NTP. Determination of whether 50% of the material submittals are approved is the sole right of the Government.

0. Overall Project Completion: 56 calendar days after the NTP for Phase 1 – The time stated for completion shall include final cleanup of project site, testing, O&Ms, and as-built drawings. (i.e. 25 calendar day submittal period plus 31 calendar day physical construction Base Proposal = 60 calendar days; 25 calendar day submittal period plus 31 calendar day physical construction to complete Base Proposal plus 21 calendar days physical construction to complete Option One plus 21 calendar days to complete Option Two = 98 calendar days).

1. 52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgment of the Contracting Officer, is justified.

(End of Clause)

1. 52.224-3 PRIVACY TRAINING (JAN 2017)

(a) Definition. As used in this clause, personally identifiable information means information that can be used to distinguish or trace an individual’s identity, either alone or when combined with other information that is linked or linkable to a specific individual. (See Office of Management and Budget (OMB) Circular A-130, Managing Federal Information as a Strategic Resource).

(b) The Contractor shall ensure that initial privacy training, and annual privacy training thereafter, is completed by contractor employees who—

(1) Have access to a system of records;

(2…