S02 36C26120R0035_Sanitary System.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)

1. 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.

36C26120R0035 X 06-24-2020 662-20-1-6473-0002 662-17-005 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) Network Contracting Office 21 (NCO 21) 3801 Miranda Avenue Palo Alto CA 94304 Offers to be sent via electronic email to:

denise.groves@va.gov

Denise R. Groves 650-285-9935 Project Number: 662-17-005 Project Title: Upgrade Sanitary System on East Side of Campus Project Location: VA San Francisco Health Care System, 4150 Clement Street, San Francisco, CA 94121-1563

Description: The awarded contractor shall completely prepare site for building operations, including demolition and removal of existing structures, and furnish labor and materials and perform work for the project Upgrade Sanitary System on East Side of Campus as required by drawings and specifications.

NAICS Code: 237110

This acquisition is a 100% Service Disabled Veteran Owned Small Business (SDVOSB) Set-Aside

This acquisition is Lowest Price Technically Acceptable selection process in accordance with FAR 15.101-2. Both a technical and price proposal are requ ired. Please see EVALUATION CRITERIA in the solicitation document.

Although not mandatory, all interested firms are strongly encouraged to attend the pre-poposal conference/site visit.

Bid Bond, Payment Bonds, and Performance Bonds are required.

The estimated magnitude of this construction project is between $2,000,000 and $5,000,000. This information is provided in accordance with FAR 36.204 and VAAR 852.204.

Solicitation Instructions to Offerors, Evaluation of Offers, Basis of Award, Solicitation Provisions, and Representations and Certifications will be physically removed from any resultant award; however, Solicitation Provisions and Representations and Certification will be deemed to be incorporated by reference in the resultant contract award.

X X 52.211-10 X 2:00 pm 07-30-2020 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 bon ds.

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 pr int) (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 VA Sierra Pacific Network (VISN 21) Network Contracting Office 21 (NCO 21) 3801 Miranda Avenue Palo Alto CA 94066 Department of Veterans Affairs FMS-VA-2(101) Financial Services Center

PO BOX 149971

Austin TX 78714-9971 Denise R. Groves Contracting Officer

Table of Contents

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

STATEMENT OF WORK

GENERAL INTENTION

A. Contractor shall completely prepare site for building operations, including demolition and removal of existing structures, and furnish labor and materials and perform work for VASFHCS Upgrade Sanitary System on East Side of Campus as required by drawings and specifications.

B. Visits to the site by Bidders may be made only by appointment with the Medical Center Engineering Officer.

C. Offices of MA|Architects, Inc, as Architect-Engineers, will render certain technical services during construction. Such services shall be considered as advisory to the Government and shall not be construed as expressing or implying a contractual act of the Government without affirmations by Contracting Officer or his duly authorized representative.

D. Before placement and installation of work subject to tests by testing laboratory retained by Department of Veterans Affairs, the Contractor shall notify the COR in sufficient time to enable testing laboratory personnel to be present at the site in time for proper taking and testing of specimens and field inspection. Such prior notice shall be not less than three work days unless otherwise designated by the COR.

E. All employees of general contractor and subcontractors shall comply with VA security management program and obtain permission of the VA police, be identified by project and employer, and restricted from unauthorized access.

STATEMENT OF BID ITEM(S)

A. ITEM I, GENERAL CONSTRUCTION: Work includes upgrade existing storm and sanitary system.

B. SCOPE OF WORK: The intent of this project is to upgrade existing storm and sanitary system for the east side of the VA San Francisco Health Care System based on an existing study report notating deficiencies in current system and under-sizing for expected future additional load.

INSTRUCTION TO OFFERORS

1. INTRODUCTION:

a. These instructions prescribe the format of Offers. Offers are defined as consisting of both Prime Contractor’s Price Proposal and Prime Contractor’s Technical Proposal. These instructions describe the approach for the development and presentation of the required information and documentation. These instructions are designed to ensure the submission of necessary information and documentation to provide for the comprehensive evaluation of offers.

b. Offerors are cautioned to carefully review this solicitation prior to commencing preparation. In order for offers to receive full consideration for award, offerors should ensure that the information and documentation furnished in support of the price proposal and of the technical proposal are current, factual, accurate, and complete.

c. Offerors are strictly advised to comply with all instructions within this solicitation to ensure submission of a complete Prime Contractor Offer. Failure to furnish a complete offer per the instructions in this solicitation, at the required time and on the required date, may result in the Offeror’s proposal being determined ineligible.

d. The Government intends to award without discussions, unless discussions are in the best interest of the Government.

2. CONTRACT TYPE:

a. The awarded contract will be a firm fixed price (FFP) contract.

b. This solicitation is a total set-aside for Service-Disabled Veteran Owned Small Business (SDVOSB) per FAR 19 and Public Law 109-461. The offeror MUST have an active DUNS number and be current in System for Award Management (SAM) as an SDVOSB concern under the applicable NAICS. In addition, the offeror MUST be a Service-Disabled Veteran Owned Small Business (SDVOSB) in the VIP with a “verified” status at time of bid submission and at time of contract award. If the offerors SDVOSB status changes in SAM or VIP at any time prior to award, the offeror will not be eligible for award under FAR Part 9.104.

3. SUBMISSION INSTRUCTIONS:

a. One (1) electronic copy via (email shall be less than 10MB) of the technical and price proposals are to be sent to arrive on or before the due date/time to the following email address:

Denise R. Groves Email: denise.groves@va.gov Subject line shall read: Upgrade Sanitary Sewer East Side of Campus – “Company Name”

b. Faxed proposals are not permitted under any circumstances.

c. Hard Copy of Bid Guarantees with appropriate wet signatures will be requested as necessary. The proposal shall include a scanned copy of the bid guarantee that clearly shows the required raised seal.

d. Offerors MUST include in the body of the email containing the proposals as follows:

Company Name Upgrade Sanitary Sewer East Side of Campus

RFP 36C26120R0035

4. PROPOSAL DUE DATE SCHEDULE:

Offers/Proposals are due by the date and time set for the receipt of proposals shown in Block 13 of the SF 1442.

5. QUESTIONS CONCERNING THIS RFP:

All Requests for Information (RFIs) regarding this RFP must be submitted in writing and received NLT 4:00 P.M. PT on July 15, 2020 in order to allow replies to reach all prospective offerors in a timely manner. Questions/RFIs shall be sent via email to Denise R. Groves at denise.groves@va.gov.

6. SITE VISIT/Pre-Proposal Conference:

Offerors are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of performing these services. In no event shall failure to inspect the site constitute grounds for a claim after contract award. See Clause 52.236-27 in the solicitation for site visit date/time information.

7. PROPOSAL FORMAT:

a. All commitments made in the proposal may become a part of the resultant contract. The data submitted with each proposal should be complete and concise, but not overly elaborate.

b. Electronic Copy: Provide one (1) electronic copy of the complete proposal (Volumes 1 and 2). Electronic copies will be sent via email, but the files shall not exceed 10MB. Please provide the volumes as two separate files (word or pdf).

c. Offerors may, at the discretion of the Government, be asked to provide information for clarification purposes regarding their proposals. Requests for such clarification information do not constitute discussions. Please see RFP Solicitation Provision FAR 52.215-1 Instructions to Offerors – Competitive Acquisition

d. The offeror shall be held responsible for the validity of all information supplied in his/her proposal, including information provided by potential subcontractors. Should subsequent investigation disclose that the fact and conditions were not as stated, the proposal may be rejected and receive no further consideration.

e. If revised proposals are requested, the number of revised copies to be submitted shall be the same as those of initial proposals unless stated otherwise.

8. PROPOSAL VOLUME CONTENTS:

TECHNICAL VOLUME (File - 1): Include the following information on the first page:

Company Name Upgrade Sanitary Sewer East Side of Campus

RFP 36C26120R0035

Volume 1 – Technical Proposal

FILE INDEX:

Tab 1 Phasing Plan Schedule Tab 2 Representation of how meeting Limitations on Subcontracting requirements Tab 3 Contractor Certification regarding Safety and Environmental FILE TITLE: “Company Name – Technical Proposal – Upgrade Sanitary Sewer”

a. The contract documents provide a five-phased plan for completing the work required for this project. Offerors shall provide a basic project schedule with major milestones for execution of the phased plan suggested in the solicitation documents. The schedule shall show all five phases complete within 300 calendar days.

b. Provide documentation of how the offeror will meet the limitations on subcontracting requirements. This project is being solicited using NAICS 237110 Water and Sewer Line and Related Structures Construction. This is a specialty NAICS code and this solicitation is being set aside to Service-Disabled Veteran Owned Small Business concerns. In accordance with 13 CFR 125.6 “no more than 75% of the amount paid by the government to the prime may be paid to firms that are not similarly situated.” The offeror shall show how 25% of labor costs will be paid to the prime SDVOSB concern and/or other SDVOSB subcontractors.

Offerors may utilize the pricing schedule to show how the limitations on subcontracting will be met by highlighted the labor costs that will be paid to Service Disabled Veteran Owned Small Business concerns.

c. Offers shall complete the Safety & Environmental Record and provide EMR information

d. If proposing as a joint venture, a copy of the executed joint venture agreement shall be included with the proposal.

PRICE VOLUME (File – 2) Company Name Replace/Upgrade Med Gas and Headwalls

RFP 36C26119R0026

Volume 2 – Price

FILE INDEX

Tab 1 Completed SF 1442 Tab 2 Bid Items Sheet Tab 3 Supplemental Price Breakdown Tab 4 Bid Guarantee – ensure the raised seal is visible on the scanned copy.

FILE TITLE: “Company Name – Price Proposal – Upgrade Sanitary Sewer” Offerors shall provide all pricing information necessary to provide a meaningful basis for Government's analysis and evaluation of price for this solicitation. The Government is not and does not intend to request certified cost or pricing data.

9. ADDITIONAL SOLICITATION INFORMATION:

a. Solicitation Authority: This is Solicitation Request for Proposals (RFP) conducted under FAR Part 15 “Contracting by Negotiation” where firms are Offerors and shall submit Offers. References to IFBs, Bids, or Bidders, in technical specifications sections and technical drawings are strictly coincidental and strictly for purposes of administrative convenience and efficiency.

b. Solicitation Clauses and Provisions: Please note that RFP, and any resultant contract, Part 1, Schedule, and all clauses and provisions located there, supersede and contain final authority. Those clauses and provisions that may be referenced in the technical specification sections and technical drawings are strictly coincidental and for purposes of administrative convenience and efficiency.

c. Solicitation Definitions: Throughout this RFP, and any resultant contract, the terms Contracting Officer’s Technical Representative (COTR), Contracting Officer’s Representative (COR), Project Engineer (PE), Resident Engineer (RE), and Project Manager (PM), all denote the same engineering official and may be used equally and interchangeably as described by the Contracting Officer (CO).

d. Brand Name or Equal: The RFP includes the salient characteristics of the “or equal” aspect for determination of what is equal to any cited brand name. See FAR 8.405-6(d) for “brand name or equal” information. Please note that, wherever a brand name is cited, the contractor shall ensure, in any resultant contract, that any equal has the salient characteristics of the brand name. Lack of confirmation shall be grounds for Government inspection at any time and Government direction for replacement of materials or equipment by the Contractor at no increase in contract price or time.

BASIS FOR AWARD

1. INTRODUCTION

a. This is a Lowest Price Technically Acceptable (LPTA) source selection conducted in accordance with Federal Acquisition Regulation (FAR) Part 15, Contracting by Negotiation, supplemented by the Department of Veterans Affairs Acquisition Regulation (VAAR). These regulations are available electronically at https://www.acquisition.gov/ and https://www.va.gov/oal/library/vaar/

b. The Government intends to award a firm fixed price (FFP) contract to the technically acceptable offer, with the lowest evaluated fair and reasonable price, which is responsible in accordance with FAR 9.104 received in response to this solicitation.

c. Offers are cautioned that the Government intends to award without discussions based solely on initial offers received. Therefore, each initial offer received should be submitted on the most favorable terms from both a price and a technical standpoint. If, during the evaluations it is determined to be in the best interest of the Government to hold discussions, offeror responses to Evaluation Notices (ENs) and the Final Proposal Revision (FPR) will be considered in making the source selection decision. If the offeror’s proposal has been evaluated as acceptable at the time discussions are closed, any changes or exceptions in the Final Proposal Revision are subject to evaluation and may introduce risk that the offeror’s proposal be determined unacceptable and ineligible for award.

d. Only one award will be made in response to the solicitation.

2. EVALUATION PROCESS. Offers will be evaluated as follows:

a. Step 1: All offers will be evaluated for adherence to the solicitation requirements. (Failure to provide all necessary and required documents will make the offer ineligible to be ranked based on the lowest price)

b. Step 2: All offers adhering to the requirements of the solicitation will be evaluated for technical acceptability. To be considered technically acceptable the offer must be rated technically acceptable for each technical sub-factor (Phasing Plan Schedule, Representation of Limitation on Subcontracting requirements, and Safety & Environmental Record and EMR).

c. Step 3: All technically acceptable offers will then be ranked by price with the lowest price ranked first.

d. Step 4: The Government will evaluate the lowest price offer to determine if the price is fair and reasonable for the work to be performed and not materially unbalanced at the line item or total contract level.

e. Step 5: If the responsive lowest price technically acceptable offer is determined fair and reasonable for the work to be performed and not materially unbalanced, the Government will evaluate the offer for responsibility in accordance with FAR Part 9.104.

f. Step 6: If the responsive lowest price technically acceptable offer is fair and reasonable and responsible under FAR 9.104, award will be made to that offeror.

g. Step 7: If not, the Government will evaluate the next lowest evaluated price offeror adhering to the requirements of the solicitation, repeating steps 4-6 until a responsive, responsible technically acceptable lowest evaluated fair and reasonable priced offer is identified. The Government intends to award without discussions. The Government, however, reserves the right to conduct discussions if deemed in its best interest.

3. EVALUATION FACTORS AND SUB-FACTORS

a. Factor #1 – Technical (Acceptable/Unacceptable): Proposals will be evaluated against the following technical sub-factors. For the technical factor to be considered technically acceptable, the offer must be rated technically acceptable in sub-factors 1A, 1B and 1C.

i. Evaluation Sub-Factor 1A: Phasing Plan Schedule:

The contract documents provide a five-phased plan for completing the work required for this project. Offerors shall provide a basic project schedule with major milestones for execution of the phased plan suggested in the solicitation documents. The schedule shall show all five phases complete within 300 calendar days.

ii. Evaluation Factor 1B: Representation of how meeting Limitation on Subcontracting Requirements:

Provide documentation of how the offeror will meet the limitations on subcontracting requirements. This project is being solicited using NAICS 237110 Water and Sewer Line and Related Structures Construction. This is a specialty NAICS code and this solicitation is being set aside to Service-Disabled Veteran Owned Small Business concerns. In accordance with 13 CFR 125.6 “no more than 75% of the amount paid by the government to the prime may be paid to firms that are not similarly situated.” The offeror shall show how 25% of labor costs will be paid to the prime SDVOSB concern and/or other SDVOSB subcontractors.

Offerors may utilize the pricing schedule included in the solicitation to show how the limitations on subcontracting will be met by highlighted the labor costs that will be paid to Service Disabled Veteran Owned Small Business concerns.

iii. Evaluation Factor 1C: Contractor Certification regarding Safety and Environmental:

PER VHA DIRECTIVE 7715 (06 April 2017): SAFETY & ENVIRONMENTAL RECORD AND EXPERIENCE MODIFICATION RATE (EMR): To be eligible for consideration and award, the contractor shall have no more than three serious, or one repeat, or one willful OSHA or EPA violation(s) in the past 3 years and have an EMR of equal to or less than 1.0. (VHA Directive 7715 attached) All Bidders shall submit the following information pertaining to their past Safety & Environmental Record and EMR with their bid/proposal:

1. SAFETY & ENVIRONMENTAL RECORD: A self-certification on company letterhead that the bidder has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or any EPA violation(s) in the past three years. Include the following table and signature block:

Number of serious, willful, or repeat violations from OSHA within the last 3 years.

(Three serious, or one repeat, or one willful violation disqualifies the contractor) Signature: ______________________________________________ Typed Name: ______________________________________________________ Title: ______________________________________________________

2. EMR: All bidders shall submit information regarding their current EMR. This information shall be obtained from the bidder’s insurance carrier and be furnished on the insurance carrier’s letterhead.

Company’s Current Insurance Experience Modification Rate (EMR) = ____________ (Note: Contractor must support the EMR with a signed letter from Insurance Carrier on their letterhead.)

b. Factor #2 - Price The Government will evaluate the lowest price offer to determine if the price is fair and reasonable for the work to be performed through the use of price analysis. To be considered fair and reasonable for the work performed, the evaluators will also check for appearance of unbalanced line item prices. If deemed necessary, the pricing schedule information will be used to assist the Government in performing the price evaluation described above. Offers which are materially unbalanced as to prices for the basic requirement and the option quantities are not fair and reasonable. An Offer is unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated for other work.

The pricing schedule is a requirement of the Price Factor. The offer must have a completed pricing schedule included to be considered responsive. The price schedule may also be used by the offeror to meet the requirements of Evaluation Factor 1B.

BID ITEMS SHEET

BASE BID: Upgrade existing storm and sanitary systems in accordance with plans and specifications. Include the Pricing Schedule for the base bid.

BID ALTERNATIVE: All work included in the base bid with the exception of the outflows as shown on CU102. This amount shall be the amount for all the work to be performed, not for the work to be deducted.

PRICING SCHEDULE

CLIN 0001 – Upgrade Sanitary Sewer on East Side of Campus

General Requirements

Site Preparation

Site Improvements

Site Mechanical Utilities

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

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 City of San Francisco County of San Francisco State of California (End of Provision)

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

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

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

(c) Evaluation of offers.

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

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.5 52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

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

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

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

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

(End of Provision)

2.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

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

Denise R. Groves Contracting Officer Hand-Carried Address:

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) Network Contracting Office 21 (NCO 21) 3801 Miranda Avenue Palo Alto CA 94304 Mailing Address:

Department of Veteran Affairs VA Sierra Pacific Network (VISN 21) Network Contracting Office 21 (NCO 21) 3801 Miranda Avenue Palo Alto CA 94304

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

(End of Provision)

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

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

(b) An organized site visit has been scheduled for— Tuesday July 8, 2020 at 11:00 am PT

(c) Participants will meet at— VA San Francisco Health Care System 4150 Clement Street San Francisco, CA 94121 Building 3, Engineering Conference Room

(End of Provision)

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

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

https://www.acquisition.gov/ https://www.va.gov/oal/library/vaar/

(End of Provision)

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

(End of Clause)

2.10 VAAR 852.233-71 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 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)

REPRESENTATIONS AND CERTIFICATIONS

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

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237110.

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

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

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204–7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services—Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

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

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

(x) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

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

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). 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.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

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

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

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

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

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

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

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

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

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

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

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

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

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

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

(xxiii)…