36C26118R0065-001.docx

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.

36C26118R0065 X 09-13-2018

TBD

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21)

VA

Pacific Islands Health Care System 459 Patterson Rd Honolulu HI 96819-1522 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Pacific Islands Health Care System 459 Patterson Rd Honolulu HI 96819-1522 Nicole Do (nicole.do@va.gov) (808)539-1301 36C26118R0065, Design-Build/Design-Bid-Build Service Disabled Veteran Owned Small Business (SDVOSB) Multiple Award Construction Contract (DB/DBB SDVOSB MACC), Various Locations, Veterans Integrated Service Network

(VISN) 21

The proposed contract is limited to Vendor Information Pages (VIP) verified SDVOSB concerns. Vendors must be VIP verified at the time of submission of the proposal and at the time of award. This is a source selection procurement requiring both technical and price proposals. The procurement consists of one solicitation and two contract groups (Group 1 and Group 2) with the intent to award multiple Indefinite Delivery/Ind efinite Quantity (IDIQ) contracts for each Group. The Government anticipates awarding a minimum of ten contracts for each Group as a result of this solicitation.

SYSTEM FOR AWARD MANAGEMENT (SAM): Offerors shall comply with FAR 52.204-7, System for Award Management to receive an award. Lack of registration in the SAM database will make an Offeror ineligible for award.

VENDOR INFORMATION PAGES (VIP): Offerors shall comply with VAAR 852.819.7003, Eligibility, to receive an award. Lack of registration in the VIP database at the ti me of submission of the proposal will make an Offeror ineligible for award and the Government will NOT evaluate the proposal. Lack of registration in the VIP database at the time of award will make an Offeror ineligible for award.

PROJECT(S): To be identified in Phase 2.

Please submit all questions regarding the solicitation and supporting documentation in writing and submitted via email to nicole.do@va.gov and felicia.demita@va.gov.

Phase I RFIs will be accepted until October 11, 2018 at 4:30 PM PT.

All offerors are responsible for monitoring and downloading attachments and amendments from FedBizOpps (http://www.fbo.gov).

Phase I proposals are due October 18, 2018 by 1:00 PM PT.

X X 52.211-10 X (See Instructions 1:00 PM Pacific 10-18-2018 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 bo nds.

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

SEE ATTACHED PROPOSAL SCHEDULE

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Pacific Islands Health Care System 3375 Koapaka Street Suite F250 Honolulu HI 96819-1522 Department of Veterans Affairs FMS VA-9(101) Financial Services Center PO Box 149971 Austin TX 78714-9971 Brett Vegeto Contracting Officer

Table of Contents

QUANTITY

PRICE

MAX AMOUNT

$50,000,000.00

FFP

This is an Indefinite Delivery/Indefinite Quantity (IDIQ) Design-Build/Design-Bid Build Service Disabled Veteran Owned Small Business Multiple Award Construction Contract (SDVOSB MACC), Various Locations, VISN 21 for a period of 24 months. The MACC will be utilized to execute a broad range of maintenance, repair and minor construction projects on real property within VISN 21. The work may consist of multiple disciplines of construction, and shall include but not be limited to the following categories of work: construction, repair and alteration of facilities, interior and exterior renovations, heating and air-conditioning, HVAC controls, plumbing, fire suppression, interior and exterior electrical and lighting, fire and intrusion alarms, communications, limited utilities, site-work, landscaping, fencing, masonry, roofing, concrete, asphalt paving, painting, storm drainage, limited environmental remediation, concrete and asphalt paving, demolition of facilities, construction of new facilities, and other construction-related work.

A task order for the minimum guarantee will be issued concurrently with the award of the basic contract for the base period only. The task order will be for deliverables such as the quality assurance, safety, and environmental plans as required by the Statement of Work.

FFP

This is an Indefinite Delivery/Indefinite Quantity (IDIQ) Design-Build/Design-Bid Build Service Disabled Veteran Owned Small Business Multiple Award Construction Contract (SDVOSB MACC), Various Locations, VISN 21 for a period of 12 months. The MACC will be utilized to execute a broad range of maintenance, repair and minor construction projects on real property within VISN 21. The work may consist of multiple disciplines of construction, and shall include but not be limited to the following categories of work: construction, repair and alteration of facilities, interior and exterior renovations, heating and air-conditioning, HVAC controls, plumbing, fire suppression, interior and exterior electrical and lighting, fire and intrusion alarms, communications, limited utilities, site-work, landscaping, fencing, masonry, roofing, concrete, asphalt paving, painting, storm drainage, limited environmental remediation, concrete and asphalt paving, demolition of facilities, construction of new facilities, and other construction-related work.

This is an Indefinite Delivery/Indefinite Quantity (IDIQ) Design-Build/Design-Bid Build Service Disabled Veteran Owned Small Business Multiple Award Construction Contract (SDVOSB MACC), Various Locations, VISN 21 for a period of 12 months. The MACC will be utilized to execute a broad range of maintenance, repair and minor construction projects on real property within VISN 21. The work may consist of multiple disciplines of construction, and shall include but not be limited to the following categories of work: construction, repair and alteration of facilities, interior and exterior renovations, heating and air-conditioning, HVAC controls, plumbing, fire suppression, interior and exterior electrical and lighting, fire and intrusion alarms, communications, limited utilities, site-work, landscaping, fencing, masonry, roofing, concrete, asphalt paving, painting, storm drainage, limited environmental remediation, concrete and asphalt paving, demolition of facilities, construction of new facilities, and other construction-related work.

This is an Indefinite Delivery/Indefinite Quantity (IDIQ) Design-Build/Design-Bid Build Service Disabled Veteran Owned Small Business Multiple Award Construction Contract (SDVOSB MACC), Various Locations, VISN 21 for a period of 12 months. The MACC will be utilized to execute a broad range of maintenance, repair and minor construction projects on real property within VISN 21. The work may consist of multiple disciplines of construction, and shall include but not be limited to the following categories of work: construction, repair and alteration of facilities, interior and exterior renovations, heating and air-conditioning, HVAC controls, plumbing, fire suppression, interior and exterior electrical and lighting, fire and intrusion alarms, communications, limited utilities, site-work, landscaping, fencing, masonry, roofing, concrete, asphalt paving, painting, storm drainage, limited environmental remediation, concrete and asphalt paving, demolition of facilities, construction of new facilities, and other construction-related work.

00100 INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO OFFERORS

INSTRUCTIONS TO OFFERORS (ITO)

INFORMATION TO OFFERORS & INSTRUCTIONS FOR PROPOSALPREPARATION

A. PROGRAM STRUCTURE AND OBJECTIVE

The Government intends to award approximately ten (10) contracts per Group for the VISN 21 Multiple Award Construction Contract (MACC) program but reserves the right to award more or less if it is in the best interest to the government. The Government reserves the right to award without discussions. Each awarded contract will be for a two-year base period and three option years. Each contract will have a contract guaranteed minimum of $2,000.00 and a contract maximum of $50 million.

B. GENERAL INSTRUCTIONS

1. This section of the Instructions to Offerors (ITO) provides general guidance for preparing proposals as well as specific instructions on the format and content of the proposal. Offerors are advised that the proposal submitted should represent their best efforts and most complete response to the solicitation. Cursory responses or responses which merely reiterate the Statement of Work or other components of the Request for Proposal will be considered unacceptable. Evidence of experience, safety, and qualifications, which clearly demonstrate and support the Offeror’s claims are essential. Any Offeror who submits an incomplete package or does not conform with the instructions and/or solicitation’s requirements provided in the ITO may be excluded from evaluation and therefore ineligible for award.

2. The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The proposal should not simply rephrase or restate the Government's requirements, but shall provide convincing rationale to address how the Offeror intends to meet these requirements. Offerors shall assume that the Government has no prior knowledge of their facilities and experience, and will base its evaluation on the information presented in the Offeror’s proposal.

3. The proposal acceptance period is specified in Section A, Block 13 of the solicitation. The Offeror shall make a clear statement in Section A of the proposal Administrative volume that the proposal is valid until this date (220 days).

4. Submissions must be made for one Group or both Groups individually as each Group will undergo a separate evaluation. Each proposal will be evaluated separately and must be capable of being evaluated independently. For example, if you are proposing for each Group, you must submit two separate proposals and each proposal must clearly identify the Group. The Groups are as follows:

Group 1 – orders ranging from $2K to Simplified Acquisition Threshold* (SAT) as defined by FAR 2.101(b) Group 2 – orders ranging from $2K to $10M

Your experience in Factor 2 should demonstrate experience relevant (in size and scope) to the Group.

* SAT is based on the Independent Government Estimate (IGE) and not the resulting task order amount.

C. NUMBER OF COPIES/TIME OF RECEIPT

1. PHASE I (FACTORS 1, 2, 3, and Administrative volume) - Proposals must be completed and submitted prior to the date and time listed in Block 13 of the SF 1442. An original and five (5) copies of the technical proposal for Factors 1, 2, and 3 and an original of the Administrative volume shall be submitted to:

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) ATTN: Timothy Bertucco 201 Walnut Avenue Mare Island, CA 94592

The proposal should be in a sealed envelope/package/box and marked in the bottom right corner “PHASE I – TECHNICAL PROPOSAL SUBMITTED UNDER RFP 36C26118R0065 – DO NOT OPEN IN MAILROOM.”

The PHASE I – TECHNICAL PROPOSAL (Original and 5 copies) shall be submitted in a three-ring binder with table of contents and tabbed. The PHASE I – TECHNICAL PROPOSAL shall include the following:

(1) All information required by FAR 52.215-1

(2) All information required by Factor 1, Safety

(3) All information required by Factor 2, Recent, Relevant Experience of the Firm (construction)

(4) All information required by Factor 3, Past Performance on Recent, Relevant Projects

The ADMINISTRATIVE VOLUME (1 Original, no copies needed) shall be submitted in a separate three-ring binder with table of contents and tabbed. The ADMINISTRATIVE VOLUME shall include the following:

(1) Signed and completed SF1442 (Solicitation, Offer and Award) and any amendments

(2) Cover letter stating that the proposal is valid for the period specified in Section A, Block 13 of the solicitation (220 days).

(3) Representation and Certifications (see Solicitation section 00300)

(4) Joint Venture Agreement (if applicable). See section D, “Joint Ventures (JV)”

(5) Any Small Business Administration (SBA) certifications

Proposals (Technical Proposal and Administrative Volume) must also be electronically mailed and received prior to the date and time listed in Block 13 of the SF 1442. The proposal shall be clearly identified with the solicitation number in the Subject Line, shall be addressed to the Contracting Officer at the following addresses: Nicole.Do@va.gov and Felicia.DeMita@va.gov.

2. PHASE II (Factor 4) – The short-listed Offerors in Phase I are invited to submit a Phase II proposal. Proposals must also be electronically mailed. Offerors will be notified as to the due date of the proposal for Phase II via an Amendment. The proposal shall be clearly identified with the solicitation number in the Subject Line, shall be addressed to the Contracting Officer at the following addresses: Nicole.Do@va.gov and Felicia.DeMita@va.gov. Offeror guarantee (Section A, Block 13(b)) is required at this time.

The PRICE PROPOSAL shall include the following:

(a) Signed and completed SF 1442 (Solicitation, Offer, and Award)

(b) Signed and completed SF30 (Amendment)

(c) Price proposal schedule for the seed project

(d) Representation and Certifications

Contractors shall also follow instruction in 00110, Evaluation Factors.

D. GENERAL INFORMATION

1. To assure timely and equitable evaluation of proposals, Offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or subfactors. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale (see ITO Section G).

2. Offerors must be verified SDVOSBs in the Vendor Information Pages (www.vip.vetbiz.gov) on the date of proposal submission and prior to award. The Government will query the VIP website www.vip.vetbiz.gov by Offeror DUNS number on the date that proposals are due. The Government will only use the VIP website to validate SDVOSB status. Those offerors that do not appear on www.vip.vetbiz.gov as verified SDVOSBs on the date of proposal submission will not be evaluated and will not considered for award.

3. Electronic Reference Documents: All referenced documents and/or Amendments for this solicitation are available on the Federal Business Opportunities (FedBizOpps) website at: http://www.fbo.gov. Potential Offerors are encouraged to subscribe for real-time e-mail notifications when information has been posted to the website for this solicitation.

4. Page Limitations: Page limitations shall be treated as maximums. If exceeded, the excess pages will not be read or considered in the evaluation of the proposal. Page limitations may also be placed on responses to Evaluation Notices (ENs). The specified page limits for EN responses will be identified in the letters forwarding the ENs to the Offerors. Each page shall be counted except the following: executive summary, blank pages, title pages, tables of contents, tabs, and glossaries and those parts of the Proposal noted as unlimited.

5. Page Size and Format: Page size shall be 8.5 x 11 inches, not including foldouts. Pages shall have 1.5 line spacing. Except for the reproduced sections of the solicitation document, the text size shall be no less than 11 points. Pages shall be numbered sequentially by volume.

6. Cost or Pricing Information: All cost or pricing information shall be addressed ONLY in the Cost/Price Proposal volume. Work-hour estimates and material kinds and quantities may be used in other volumes only as appropriate for presenting rationale.

7. Cross Referencing: Each volume shall be written on a stand-alone basis so that its contents may be evaluated with no cross-referencing to other volumes of the proposal. Information required for proposal evaluation that is not found in its designated volume will be assumed to have been omitted from the proposal.

8. Inquiries/Request for Information (RFI)

Contractors shall email all their inquiries and RFIs for Phase I of this request for proposal (RFP) to Nicole.Do@va.gov and Felicia.DeMita@va.gov.

E. Joint Ventures (JV)

Joint Ventures shall submit the following additional documentation regarding their business entities in Phase I:

(a) A copy of the JV agreement. The JV agreement must be executed.

(b) A detailed statement outlining the following in terms of percentages where appropriate:

(1) The relationship of the team/partners/parties in terms of business ownership, capital contribution, profit distribution or loss sharing.

(2) The management approach in terms of who will conduct, direct, supervise, and control.

(3) The structure and decision-making responsibilities of the partners/parties in terms of who will control the manner and method of performance of work.

(4) Identify (by name and title) the personnel having the authority to legally bind the partners/parties (including authority to execute contract documents and bonds).

(c) A list of parties/partners, to include company name, DUNS and CAGE numbers, Address, Point of Contact, Email address, phone number and facsimile number.

(d) The JV entity shall be verified in Vendor Information Pages (VIP) as an SDVOSB at the time of proposal submission and prior to award. Proposals submitted by JVs that are not verified in VIP at the time of proposal submission will not be evaluated and will automatically be ineligible for award.

F. Notice of Pre-Proposal Conference

A pre-proposal conference is tentatively scheduled for September 19, 2018 at 10:00 AM HST (1:00 PM PT) for the purposes of briefing on the proposal requirements and answering questions regarding the solicitation. The conference will be held remotely via tele-conference. Interested contractors are highly encouraged to attend the pre-proposal conference. Please contact Nicole.Do@va.gov to RSVP for the pre-proposal conference. Interested contractors must RSVP no later than 2 business days prior to the conference. A record of the conference shall be made and furnished to all prospective offerors via posting to https://www.fbo.gov. The record will include minutes of the meeting, including questions (on a non-attribution basis) and answers.

G. Exceptions to Solicitation Requirements

Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. Each exception shall be specifically related to each paragraph and/or specific part of the solicitation to which the exception is taken. Provide rationale in support of the exception and fully explain its impact, if any, on the performance, schedule, cost, and specific requirements of the solicitation. This information shall be provided in the format and content of the below example Table 1. Failure to comply with the terms and conditions of the solicitation may result in the Offeror being removed from consideration for award.

Table 1 – Exceptions to Solicitation Requirements Example

H. Incurred Expenses

The Government is not responsible for any costs incurred or associated with preparation and submission of a proposal in response to this solicitation. Only the contractors selected for the MACC, will be awarded an initial task order of $2,000.00 to fulfill the minimum guarantee. NO OTHER OFFERORS/VENDORS WILL BE COMPENSATED FOR SUBMITTING A PROPOSAL.

I. Pre-Award Survey/Responsibility Determination

FAR §9.104 requires prospective contractors to demonstrate, among other things, that they have adequate financial resources to perform the contract, or ability to obtain them, capability to comply with the required performance schedule, a satisfactory performance record, and be otherwise eligible to receive an award under applicable laws and regulations. The pre-award survey is not a part of the technical evaluation.

Newly-formed entities (e.g. limited liability companies (“LLC’s”), limited partnerships (“LTD’s”) and newly created corporate subsidiaries) that is the entity liable on the contract ordinarily have no record–or an insufficient record–of relevant experience, past performance, and financial capability to support a responsibility determination. In such cases, the offeror may rely on the resources of the LLC member, parent, limited partner, or other entities related to the offeror for responsibility purposes where the offer submits a guaranty from the entity providing the resources.

2.1 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)

2.2 52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of Provision)

2.3 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

The evaluation will consider the possibility that the option can be exercised at any time, and can be exercised in increments of one to six months, but for no more than a total of six months during the life of the contract. The evaluation will assume that the prices for any option exercised under FAR 52.217-8 will be at the same rates as those in effect under the contract at the time the option is exercised. The evaluation will therefore assume that the addition of the price or prices of any possible extension or extensions under FAR 52.217-8 to the total price for the basic requirement and the total price for the priced options has the same effect on the total price of all proposals relative to each other, and will not affect the ranking of proposals based on price, unless, after reviewing the proposals, the Government determines that there is a basis for finding otherwise. This evaluation will not obligate the Government to exercise any option under FAR 52.217-8.

(End of Provision)

2.4 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

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 Hawaii, California, Nevada, Guam, and American Samoa

(End of Provision)

2.5 52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE PLAN (MAR 2015)

(a) The term "commercially available off-the-shelf (COTS) item," is defined in the clause of this solicitation entitled "Combating Trafficking in Persons" (FAR clause 52.222-50).

(b) The apparent successful Offeror shall submit, prior to award, a certification, as specified in paragraph (c) of this provision, for the portion (if any) of the contract that—

(1) Is for supplies, other than commercially available off-the-shelf items, to be acquired outside the United States, or services to be performed outside the United States; and

(2) Has an estimated value that exceeds $500,000.

(c) The certification shall state that—

(1) It has implemented a compliance plan to prevent any prohibited activities identified in paragraph (b) of the clause at 52.222-50, Combating Trafficking in Persons, and to monitor, detect, and terminate the contract with a subcontractor engaging in prohibited activities identified at paragraph (b) of the clause at 52.222-50, Combating Trafficking in Persons; and

(2) After having conducted due diligence, either—

(i) To the best of the Offeror's knowledge and belief, neither it nor any of its proposed agents, subcontractors, or their agents is engaged in any such activities; or

(ii) If abuses relating to any of the prohibited activities identified in 52.222-50(b) have been found, the Offeror or proposed subcontractor has taken the appropriate remedial and referral actions.

(End of Provision)

2.6 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of Clause)

2.7 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond 09/30/2019. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 09/30/2019, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of Clause)

2.8 52.233-2 SERVICE OF PROTEST (SEP 2006)

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

Brett Vegeto brett.vegeto@va.gov

Hand-Carried Address:

Department of Vetereans Affairs Network Contracting Officer 21 ATTN: Brett Vegeto 975 Kirman Ave.

Reno NV 89502

Mailing Address:

Department of Veterans Affairs Network Contracting Office 21 ATTN: Brett Vegeto 975 Kirman Ave.

Reno NV 89502

(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)

2.9 52.236-27 SITE VISIT (CONSTRUCTION) (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.

(End of Provision)

2.10 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Service-disabled veteran-owned small business concern or SDVSOB”:

(1) Means a small business concern:

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans or eligible surviving spouses (see VAAR 802.201 Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans (or eligible surviving spouses) or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been verified for ownership and control pursuant to 38 CFR 74 and is so listed in the Vendor Information Pages database, (https://www.vip.vetbiz.gov); and

(v) The business will comply with subcontracting limitations in 13 CFR 125.6, as applicable

(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(b) General.

(1) Offers are solicited only from verified service-disabled veteran-owned small business concerns. Offers received from concerns that are not verified service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a verified service-disabled veteran-owned small business concern.

(c) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, the concern will comply with the limitation on subcontracting requirements in 13 CFR §125.6.

(d) A joint venture may be considered a service-disabled veteran owned small business concern if the joint venture complies with the requirements in 13 CFR 125.15, provided that any reference therein to SDVO SBC is to be construed to apply to a VA verified SDVOSB as appropriate.

(e) Any service-disabled veteran-owned small business concern (non-manufacturer) must meet the requirements in FAR 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.

(End of Clause)

2.11 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008)

(a) Any protest filed by an interested party shall:

(1) Include the name, address, fax number, 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)

2.12 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998)

As an alternative to filing a protest with the contracting officer, an interested party may file a protest with the Deputy Assistant Secretary for Acquisition and Materiel Management, Acquisition Administration Team, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, or for solicitations issued by the Office of Construction and Facilities Management, the Director, Office of Construction and Facilities Management, 810 Vermont Avenue, NW., Washington, DC 20420. The protest will not be considered if the interested party has a protest on the same or similar issues 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:

2.13 MANDATORY WRITTEN DISCLOSURES

Mandatory written disclosures required by FAR clause 52.203-13 to the Department of Veterans Affairs, Office of Inspector General (OIG) must be made electronically through the VA OIG Hotline at http://www.va.gov/oig/contacts/hotline.asp and clicking on "FAR clause 52.203-13 Reporting." If you experience difficulty accessing the website, call the Hotline at 1-800-488-8244 for further instructions.

2.14 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008) The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the Web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer.

[Contracting officer shall list all FAR and 48 CFR Chapter 8 (VAAR) provisions and clauses incorporated by reference that must be completed by the offeror or prospective contractor and submitted with the quotation or offer.] (End of Provision)

2.15 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

2.16 IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

1. GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be…