36C26125R0012_1.docx

A.1 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

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.

1 of 36C26125R0012 X 12-19-2024 570-28-1-634-0001

36C261-25-AP-0342

570-22-219 36C261 Department of Veterans Affairs Network Contracting Office 21 (NCO 21) 711 Kapiolani Blvd Suite 200 Honolulu

HI

96813 Department of Veterans Affairs Network Contracting Office 21 (NCO 21) 711 Kapiolani Blvd Suite 200 Honolulu

HI

96813 Kayla Haruguchi 808-539-1304 Project No.: 570-22-219 Project Title: Consolidate Sterile Supply Rooms Project Location: 2615 East Clinton Ave, Fresno CA

Description: The Veterans Affairs Central California Healthcare System has a requirement to consolidate sterile supply rooms at Fresno VA Medical Center.

Contractor shall provide all materials, labor, tools, equipment, transportation, expertise, supervision, and administration for the work described in the contract documents (i.e. contract documents, solicitation documents, scope of work, specifications, drawings, and any other related documentation).

NAICS: 236220 Commercial and Institutional Building Construction Size Standard: $45.0M

This acquisition is for FULL AND OPEN COMPETITION

Evaluation method is Price Only in accordance with FAR 15 Contract by Negotiation.

Although not mandatory, all interested parties are strongly encouraged to attend the pre-proposal conference and site-visit.

Bid bonds, payment bonds, and performance bonds shall be required under this solicitation and any resultant contract.

The estimated magnitude of this construction project is between $1,000,000 and $2,000,000. This information is provided per VAAR 836.204- Disclosure of the magnitude of construction projects.

Wage Determination CA20240018- 10182024 applies to this Solicitation and will be part of the resulting contract.

X X 52.211-10 X 14:00

PST

01-21-2025 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

See Box 27 Department of Veterans Affairs Network Contracting Office 21 (NCO 21) VA Pacific Islands Health Care System 711 Kapiolani Blvd Suite 200 Honolulu

HI

96813 Department of Veterans Affairs FMS VA-9(101) Financial Services Center PO Box 149971 Austin

TX

78714-9971 866-372-1141 vafscenterprisesupport@va Priscilla A. Murray

Table of Contents

STATEMENT OF WORK

Consolidate Sterile Supply Rooms Project 570-22-219

1. GENERAL DESCRIPTION

The awarded contractor shall provide all materials, labor, tools, equipment, transportation, supervision, project management, administrative support, and specialized expertise to perform the work stipulated in the Construction Documents. The project site is at the Fresno VA Medical Center, 2615 East Clinton Ave, Fresno, CA.

The below description is a general overview of the work activities and is not comprehensive. The contractor shall perform all work stated in this Scope of Work, the Construction Drawings, Construction Specifications, hereafter collectively referred to as the Construction Documents. These are included as attachments and are labeled as follows:

1. 570-22-219 DRAWINGS

2. 570-22-219 Specifications

The general description of work includes but is not limited to:

a) The scope of this project is the consolidation of the Satellite Sterile Storage rooms containing RMD located throughout the hospital, and the upgrade of the HVAC systems serving these areas to meet compliance requirements dictated by the VA.

b) General construction work includes demolition, infectious control measures, carpentry, new doors, finish work, temporary connections, and all related work.

c) Electrical work includes demolition, new electrical branch circuits, device relocation, and lighting modifications.

d) Mechanical work includes new VAV terminal units, equipment balancing, new ductwork, and diffusors.

e) Controls work includes demolition, new sensor installation (humidity, temperature, room pressure monitoring), controls network cabling, programing, and front-end graphics.

f) Bidders shall provide a required Allowance in the bid amount for the reimbursement of certain expenses as described in the bid documents.

2. EXISTING CONDITIONS:

The building utilities shown in the construction documents have been located from field survey information and existing records of the VA. The VA and the design professional make no guarantees that the utilities shown comprise a l such utilities in the area, either in service or abandoned. Neither the VA nor the design professional warrant that the utilities shown are in the exact location indicated.

The work will be in and around existing VA operations, and patient care areas. The work will require coordination with the VA and department level contacts for new and renovation work within all spaces.

3. CONSTRUCTION DURATION AND WORK HOURS/DAYS:

The total contract duration shall be 365 consecutive calendar days from issuance of the Notice to Proceed.

Normal work hours for the contract are from 7:00 AM to 5:00 PM, unless specifically noted otherwise. The Contractor may request alternate working hours or additional working hours to meet project requirements. Requests shall be made to the Contracting Officer Representative (COR) in writing. The contractor is beholden to the City of Clovis Municipal Code criteria for Construction Noise and shall request work hour exceptions in accordance with permissible criteria. The work week shall be defined as Monday through Friday with the exceptions of the following listed holidays, or the days observed in lieu thereof by the Department of Veterans Affairs:

New Year Day President Day Martin Luther King’s Birthday Memorial Day Juneteenth Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

Other days specifically declared by the President of the United States to be National Holidays. Requests to work on the listed holidays shall be made in writing to the COR, 5 working days in advance.

4. SUBMITTALS, REQUESTS FOR INFORMATION (RFI) AND REQUESTS FOR DEVIATION (RFD)

a) The contractor is responsible for the timely submission of all submittals, shop drawings, and coordination drawings in accordance with drawings and specifications. The contractor shall allocate a minimum of fifteen (15) working days for the VA and A/E to conduct its evaluation of all submittals. The contractor is responsible for all time delays associated with submittals requiring re-submission.

b) The contractor shall allocate a minimum of ten (1) working days for the VA and A/E to respond to Requests for Information (RFI). The contractor shall submit RFI’s as early as possible. The contractor is responsible for the coordination of all Contract Documents. All time delays associated with the failure to timely submit RFI’s related to the Contract Documents shall be the responsibility of the contractor.

c) Contractor’s Requests for Deviation (RFD) shall be submitted for the VA’s consideration a minimum of twenty-one (21) calendar days in advance of the requested response date. The VA reserves the right to deny requests for deviation at any time regardless of reason. Request for Deviation responses may include necessary consideration to the government as terms of approval.

5. PROGRESS PAYMENTS

The contractor shall submit a Schedule of Values to the VA for review and approval within fourteen (14) calendar days of the Notice to Proceed. The Schedule of values shall be itemized in accordance with the project specification Divisions. Line items shall also be developed for individual General Requirements components including but not limited to submission and approval of as-built documentation and Operation and Maintenance (O&M) Manuals.

Progress payments applications may be submitted to the VA on regularly scheduled intervals and must be reviewed and returned with approval signature prior to submission for payment.

Progress payments will be reviewed contingent on the following being completed at the time of submission:

a) Two (2) sets of As-built red marked drawings shall be current and available on the project site for review by the COR.

b) Waste Manifests for the progress payment interval shall be submitted to the COR.

c) Certified payroll for the progress payment interval shall be submitted to the COR.

d) The project schedule with Critical Path identified shall be current (no more than 10 days behind schedule). A revised schedule shall be submitted to the COR and Contracting Officer to identify measures planned to become in compliance with the Contract Duration limitations.

e) Contractor daily logs and Quality Control plans during the interval of the progress payment shall be up to date.

f) Punch-list and re-work items identified by the VA or through the Contractors Quality Control plan shall have been corrected or a written action plan shall be provided to identify method and date of corrective action plan.

g) All safety deficiencies shall have been corrected.

Failure to comply with any of the above will result in the rejection of the contractor’s request for progress payment review. The VA will review requests for payment only after each of the above items is complied with.

6. ADDITIONAL REQUIREMENTS

The contractor is required to comply with all facility and City of Clovis or governing jurisdiction’s standards for safety, security, SWPP, and dust control standards. Policies will be made available to the contractor at the Notice to Proceed meeting.

For execution of work activities, the contractor may be required to employ various professional services including but not limited to engineering, consulting, and/or surveying. Professional services required for the execution of work activities shall be performed at no additional cost to the government.

7. DEFINITIONS:

A. Contract Documents: All documents included and referenced in the executed contract. This includes the contract and references and the construction documents.

B. Construction Documents: All documents which identify the scope of work to be performed by the contractor. This includes the construction drawings, the specifications, the scope of work and all references included in the above documents.

C. Contracting Officer (CO): The services to be performed under this contract are subject to the general supervision, direction, control, and approval of the Contracting Officer.

D. Contracting Officers Representative (COR): The Contracting Officer's authorized representative at the construction site. His/her duties include surveillance of all construction work to assure compliance with the contract documents, interpretation of the contract documents, approval of changed work, approval of all submittals, samples, shop drawings, etc.

E. A/E: Refers to the Architect-Engineer firm that prepared and produced the construction drawings and construction specification documents for subject project. Includes all Joint Venture (JV) partners, consultants, and sub-contractors to the one firm.

NEW COMMUNITY

***END OF SOW***

Page 1 of

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

1.1 PROPOSAL MATERIAL:

Proposal materials consisting of the statement of work, specifications, other attachments, and contract forms are included and/or attached as part of this Request For Proposal. The VA will not provide printed copies of the specifications or solicitation documents. It is the responsibility of the offeror to obtain the proposal materials in a time and manner sufficient to respond to this solicitation by the specified due date.

1.2 BID GUARANTEE:

A Bid Guarantee, SF 24, is required for the solicitation in an amount not less than 20 percent of the proposal price but shall not exceed $3,000,000. Failure to furnish the required bid (proposal) guarantee in the proper form and amount, by the time set for receipt of proposals, may result in the rejection of the proposal. Copies of the SF 24 may be obtained from http://www.gsa.gov/portal/forms/type/TOP.

1.3 PAYMENT & PERFORMANCE BONDS:

The offeror to whom award is made will be required to furnish two bonds, a Payment Bond, SF 25A, and a Performance Bond, SF 25, each in the penal sum as noted in the General Conditions of the Solicitation. Copies of SFs 25 and 25A may be obtained from http://www.gsa.gov/portal/forms/type/TOP.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

INSTRUCTIONS TO OFFERORS

INTRODUCTION

1. Offerors are strongly encouraged to carefully review the entire solicitation, statement of work (SOW), specifications, drawings, evaluation factors, and these submission instructions when providing the written response. Failure to submit any of the following information, or failure to follow the formality requirements, may result in rejection of the offer. Please note: “Offeror” and “Prime Contractor” are synonymous and given the same meaning in the information below.

2. This is a Price Only evaluation, conducted in accordance with Federal Acquisition Regulation (FAR) Part 15, Contracting by Negotiation, supplemented by Department of Veterans Affairs Acquisition Regulations (VAAR). FAR regulations are available electronically at https://www.acquisition.gov/browse/index/far, and VAAR regulations are available electronically at https://www.acquisition.gov/vaar.

3. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to comply with the terms and conditions of the solicitation may result in the Offeror being ineligible for award.

4. Offerors are cautioned that the Government intends to award without discussions based solely on the initial offers received. Therefore, each initial offer received should be submitted on the most favorable terms. The Government will evaluate the lowest price offer to determine if the price is fair and reasonable for the work to be performed. 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 supplemental price breakdown 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.

5. The period of performance for this project is stipulated in the Statement of Work (SOW).

6. Only one award will be made in response to this solicitation, and it will be made as a firm, fixed price (FFP) contract.

7. This solicitation is unrestricted. Offeror MUST have an active SAM UEI number and be current in System for Award Management (SAM) at time of offer submission and at time of award. Any Offeror that claims SDVOSB and VOSB status must also be verified in Veteran Small Business Certification (VetCert) database (https://veterans.certify.sba.gov/#home) at time of offer submission and at time of award.

1. SUBMISSION INSTRUCTIONS:

a. Offeror shall email its Price Proposal and accompanying attachments (Price Breakdown, Large Business Subcontracting Plan, and FAR 52.219-28) to Contract Specialist Ms. Kayla Haruguchi at kayla.haruguchi@va.gov and Contracting Officer, Priscilla Murray at priscilla.murray@va.gov by no later than the stated due date/time specified in block 13 of SF1442 (subject to amendment).

When submitting proposal, subject line of email shall state “RFP 36C26125R0012 – Consolidate Sterile Supply Rooms”. Under no circumstances shall email file size exceed 10MB. Multiple emails are acceptable.

Hand-delivered or faxed solicitation responses cannot be accepted at this time.

Offerors are responsible for ensuring and verifying their price and all required documents are received at the email address designated in block 8 of the SF 1442 Solicitation and by the date and time specified in block 13A of the SF 1442 Solicitation (subject to amendment). Any exception to the terms and conditions of this request for quotation will result in a nonresponsive quotation.

2. REQUESTS FOR INFORMATION (RFIs) CONCERNING THIS RFP:

All Requests for Information (RFIs) regarding this solicitation shall be submitted in writing and received no later than Friday, January 10, at 2:00 PM Pacific Time. All RFIs shall be emailed to Kayla Haruguchi at kayla.haruguchi@va.gov and Ms. Priscilla Murray at priscilla.murray@va.gov prior to the deadline specified. Use the RFI form attached to the solicitation for the required format.

3. PRE-PROPOSAL SITE VISIT:

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. Failure to inspect the site shall not constitute grounds for a claim after contract award.

A pre-proposal conference will be held via Microsoft Teams on Wednesday, January 8, 2025 at 10:45 AM PST. The pre-proposal conference should be attended by people preparing the response. Please email kayla.haruguchi@va.gov for a link to attend the meeting.

A site visit is scheduled for:

VA Central California Health Care System 2615 E. Clinton Ave.

Fresno, CA 93703

4. PROPOSAL FORMAT:

a. All commitments made in the proposal may become a part of the resultant contract. The data submitted with each proposal shall be complete, concise, accurate, and not overly elaborate. Reliance on promotional brochures is discouraged.

b. 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.

c. Offeror shall be held responsible for the validity of all information supplied in the proposal, including information provided by potential subcontractors. Should subsequent investigation disclose that any fact or condition was not as stated, the proposal may be rejected and may receive no further consideration.

d. If a revised proposal is requested, the number of revised copies to be submitted shall be the same as those of initial proposal, unless stated otherwise.

5. FORMAT AND CONTENT OF OFFEROR RESPONSE TO PROPOSAL:

PRICE PROPOSAL shall be comprised of the following parts:

Response to Evaluation – Price (fully completed Attachment A- Price Breakdown to include all columns (Material, Equipment, Labor, and Total)) Completed/Signed Standard Form (SF) 1442 (fully completed and signed; ensure block 17, total proposed project price, is also completed); also, acknowledgment of all amendments by either entering data in block 19 of SF 1442, or by completing blocks 15 a, b, and c of SF 30 (Amendments) and returning with the offer.

Completed/Signed Standard Form (SF) 24, Bid Bond with raised seals and Power of Attorney (Raised seals must be visible when scanned into a PDF file; Prime Contractor shall maintain original bid bond until after award.)

PROSPECTIVE CONTRACTORS’ RESPONSIBILITY: Purchases shall be made from, and contracts shall be awarded to, responsible prospective contactors only. The presumed winning Prime Contractor must be determined as “Responsible” by the Contracting Officer in accordance with FAR Part 9, Contractor Qualifications. To aid in making this determination, Offerors shall provide:

1. Copy of Prime Contractor license: Provide your state contractor’s license. If your state does not issue contractor’s licenses, provide your county or local contractor’s license or the recognized contractor license that allows you to operate your business.

2. Copy of fully executed Joint Venture Agreement (if applicable)

3. Completed Representations and Certifications in SAM.gov; see FAR 52.204-8, 52.209-5, and 52.209-7.

4. Subcontracting Requirements: If you are a large business, submit a Small Business Subcontracting Plan for this project in the format provided in attachment titled “Large Business Subcontracting Plan Template”. Offer shall include all information required in the attachment per FAR 19.704, Subcontracting Plan Requirements, including proposed subcontracting to Service-Disabled Veteran Owned Small Businesses (SDVOSBs) or Veteran Owned Small Businesses (VOSBs). The submission will be evaluated against the total small business goals of 38.5% and the subcontracting goals as provided by OSDBU. They are listed below as:

Offerors shall demonstrate a commitment to using small business concerns in the Small Business Subcontracting Plan and may list all subcontractors by name. If the proposed small business subcontracting goals do not meet the minimum VA Small Business Subcontracting Targets, include a detailed explanation describing the actions taken to arrive at that determination, along with an explanation for the goals that were proposed.

The Contracting Officer will obtain additional information as needed and specified in FAR 9.105-1 to make the Determination of Responsibility, to include, but not limited to the Federal Awardee Performance and Integrity Information System (FAPIIS), Excluded Parties List System (EPLS) and Past Performance Information Retrieval System (PPIRS).

A Determination of Responsibility will be conducted for the apparent “awardee” prior to award of the project. The required information from the proposal, along with other information obtained from Government systems, such as, but not limited to the OSHA and EPA online inspection history databases, as well as any other information the Contracting Officer has determined to be valid, will be used to make the Determination of Responsibility. Failure to affirm being within the guidelines in the proposal may result in a determination of “Non-Responsible” for the Offeror.

The offeror shall complete the attachment “Responsibility - Contractor Certification Regarding Safety and Environmental” document. Offeror 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. Documentation shall include all open and final OSHA violations for the 3 previous calendar years.

NOTE: Any information received by the Government that would cause for a negative Determination of Responsibility may make the Offeror ineligible for award.

SITE VISIT: This pre-proposal site visit will be the only opportunity for potential Offerors to visit the site. All potential contractors, subcontractors, and suppliers are strongly encouraged to attend this pre-proposal site visit.

SYSTEM FOR AWARD MANAGEMENT (SAM): Federal Acquisition Regulations require that federal contractors register in the System for Award Management (SAM) database at https://sam.gov/SAM/ and enter all mandatory information into the system.

JOINT VENTURES: See 13 C.F.R. § 121.103(h)

(h) Receipts/employees attributable to joint venture partners. For size purposes, a concern must include in its receipts its proportionate share of joint venture receipts (whether that joint venture is populated or unpopulated), unless the proportionate share already is accounted for in receipts reflecting transactions between the concern and its joint ventures (e.g., subcontracts from a joint venture entity to joint venture partners). In determining the number of employees, a concern must include in its total number of employees its proportionate share of joint venture employees (whether the joint venture is populated or unpopulated). Once a joint venture receives a contract, it may submit additional offers for a period of two years from the date of that first award. An individual joint venture may be awarded one or more contracts after that two-year period as long as it submitted an offer including price prior to the end of that two-year period. SBA will find joint venture partners to be affiliated, and thus will aggregate their receipts and/or employees in determining the size of the joint venture for all small business programs, where the joint venture submits an offer after two years from the date of the first award. The same two (or more) entities may create additional joint ventures, and each new joint venture entity may submit offers for a period of two years from the date of the first contract to the joint venture without the partners to the joint venture being deemed affiliates. At some point, however, such a longstanding inter-relationship or contractual dependence between the same joint venture partners will lead to a finding of general affiliation between and among them. A joint venture: Must be in writing; must do business under its own name and be identified as a joint venture in the System for Award Management (SAM) for the award of a prime contract; may be in the form of a formal or informal partnership or exist as a separate limited liability company or other separate legal entity; and, if it exists as a formal separate legal entity, may not be populated with individuals intended to perform contracts awarded to the joint venture (i.e., the joint venture may have its own separate employees to perform administrative functions, including one or more Facility Security Officer(s), but may not have its own separate employees to perform contracts awarded to the joint venture). SBA may also determine that the relationship between a prime contractor and its subcontractor is a joint venture pursuant to paragraph (h)(2). For purposes of this paragraph (h), contract refers to prime contracts, novations of prime contracts, and any subcontract in which the joint venture is treated as a similarly situated entity as the term is defined in part 125 of this chapter.

NOTICE TO PROCEED (NTP): A notice to proceed (NTP) shall be issued after award of a fully executed contract. The NTP date and time are “to be determined” after award to a successful Offeror. Primary factor in determination to issue NTP shall be the Prime Contractor submission of, and the Government review and approval of both Payment and Performance Bonds, both of which are enforceable legal documents.

**END**

EVALUATION FACTORS:

EVALUATION PROCESS

This is a Price Only evaluation, conducted in accordance with Federal Acquisition Regulation (FAR) Part 15, Contracting by Negotiation, supplemented by Department of Veterans Affairs Acquisition Regulations (VAAR). FAR regulations are available electronically at https://www.acquisition.gov/browse/index/far, and VAAR regulations are available electronically at https://www.acquisition.gov/vaar.

Offers shall be evaluated as follows:

PRICE ONLY

The Government will evaluate the lowest price offer to determine if the price is fair and reasonable for the work to be performed. 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 supplemental price breakdown 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. Offers submitted to the Government are considered confidential.

Offeror shall submit a complete and reasonable price. Offerors shall use the Attachment “Divisional Cost Break-Out Sheet” (which follows the Table of Contents) to submit price breakdown by division. Offeror shall complete all columns: Material, Labor, and Total.

In addition, Offeror shall insert the total proposed project price in block 17 of SF 1442, solicitation.

Failure to submit a completed Divisional Cost-Break-Out Sheet and insert the total proposed project price in block 17 of the SF 1442 may result in a proposal being eliminated for award without further consideration or evaluation.

SF 1442 Offer page shall be completed, signed, and acknowledge all amendments either via entering data in block 19 of the SF1442 or completing blocks 15a, b, and c of the Amendment and attaching to the SF 1442 Offer page.

This factor will be evaluated by determining if price submitted is fair and reasonable.

**END**

2.1 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

(a) All actual and potential offerors are encouraged to provide feedback on the preaward and debriefing processes, as applicable. Feedback may be provided to agencies up to 45 days after award. The feedback is anonymous, unless the participant self-identifies in the survey. Actual and potential offerors can participate in the survey by selecting the following link: https:// www.acquisition.gov/360.

(b) The Contracting Officer will not review the information provided until after contract award and will not consider it in the award decision. The survey is voluntary and does not convey any protections, rights, or grounds for protest. It creates a way for actual and potential offerors to provide the Government constructive feedback about the preaward and debriefing processes, as applicable, used for a specific acquisition.

(End of Clause)

2.2 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)

2.3 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)

2.4 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014) ALTERNATE II (NOV 2023)

(a) Definitions. "Bahraini, Mexican, or Omani construction material," "commercially available off-the-shelf (COTS) item," "construction material," "designated country 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 Under Trade Agreements" (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination 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 FAR clause 52.225-11 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 materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(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 construction material, except foreign construction material from a designated country other than Bahrain, Mexico, or Oman that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material other than Bahraini, Mexican, or Omani 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 FAR clause 52.225-11 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 FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material other than Bahraini, Mexican, or Omani 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 52.225-10 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)

2.6 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:

Kayla Haruguchi, kayla.haruguchi@va Priscilla Murray, priscilla.murray@ Hand-Carried Address:

Mailing Address:

(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 52.252-1 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/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Provision)

2.8 VAAR 852.209-70 ORGANIZATIONAL CONFLICTS OF INTEREST (OCT 2020)

(a) It is in the best interest of the Government to avoid situations which might create an organizational conflict of interest or where the Offeror’s performance of work under the contract may provide the Contractor with an unfair competitive advantage. The term ‘‘organizational conflict of interest’’ means that because of other activities or relationships with other persons, a person is unable to render impartial assistance or advice to the Government, or the person’s objectivity in performing the contract work is or might be otherwise impaired, or the person has an unfair competitive advantage.

(b) The Offeror shall provide a statement with its offer which describes, in a concise manner, all relevant facts concerning any past, present, or currently planned interest (financial, contractual, organizational, or otherwise) or actual or potential organizational conflicts of interest relating to the services to be provided under this solicitation. The Offeror shall also provide statements with its offer containing the same information for any consultants and subcontractors identified in its proposal and which will provide services under the solicitation. The Offeror may also provide relevant facts that show how its organizational and/or management system or other actions would avoid or mitigate any actual or potential organizational conflicts of interest.

(c) Based on this information and any other information solicited or obtained by the Contracting Officer, the Contracting Officer may determine that an organizational conflict of interest exists which would warrant disqualifying the Contractor for award of the contract unless the organizational conflict of interest can be mitigated to the Contracting Officer’s satisfaction by negotiating terms and conditions of the contract to that effect. If the conflict of interest cannot be mitigated and if the Contracting Officer finds that it is in the best interest of the United States to award the contract, the Contracting Officer shall request a waiver in accordance with FAR 9.503.

(d) Nondisclosure or misrepresentation of actual or potential organizational conflicts of interest at the time of the offer or arising as a result of a modification to the contract, may result in the termination of the contract at no expense to the Government.

(End of Provision)

2.9 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…