36C26319B0010-001.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 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.

36C26319B0010 X 07-01-2019 437-19-4-6626-0005 437-14-112 36C263 Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

Attn: Karen Harris/ Contract Specialist 316 Robert Street N. STE. 506 St. Paul

MN

55101 Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

Attn: Karen Harris/ Contract Specialist 316 Robert Street N. STE. 506 St. Paul

MN

55101 Karen Harris 651 293-3046 Project Number 437-14-112 Replace Boiler Plant

Contractor shall furnish all supervision, tools, labor, materials, equipment and transportation necessary for Project Number 437-14-112, Replace Boiler Plant, located at Fargo VA Health Care System, 2101 Elm Street NE, Fargo, ND 58102.

Work includes but is not limited to general construction, mechanical, electrical, plumbing as described in the Scope of Work and all other attached documents.

This solicitation is issued in accordance with Public Law 109-461, the Veterans Benefits, Healthcare Information and Technology Act of 2006, Sections 502 and 503, as a set-aside for Service Disabled Veteran Owned Small Business (SDVOSB) contractors. Pursuant to 38 USC 8127 (d), Veterans First Contracting Program, competition is restricted to SDVOSB construction firms, as there is an expectation that offers will be received from two (2) or more SDVOSB contractors under this solicitation. In accordance with VAAR 819.70003 (b), at the time of submission of bid and prior to award of a contract, the bidder must represent to the Contracting Officer that it is a

(1) SDVOSB eligible under VAAR 819.70; (2) small business concern under the NAICS code assigned to this acquisition; and (3) listed as a verified SDVOSB in VIP database at www.vip.vetbiz.gov.

The NAICS Code is 236220 with the applicable size standard being 36.5 million. Magnitude of construction is between $5,000,000 and $10,000,000.

There is only one site visit as identified in FAR 52.236-27. The site visit will be held at the Fargo VAHCS main campus, 2101 Elm St NE, North Dakota 58102, Engineering Conference Room BD-42 at 10:00 AM (CST) on July 9, 2019.

All request for information, clarifications, or questions MUST be submitted via email to karen.harris4@va.gov no later than 2:00 PM (CST) on July 19, 2019. All responses will be answered via an amendment after the question/ clarification closing date. NO LATE QUESTIONS WILL BE ADDRESSED.

Bid opening will be held at the Warren E. Burger Federal Building and U.S. Courthouse, 316 Robert St N Conference Room Ste 506, St Paul, MN 55101 at the time and date specified in Block 13(a) unless changed via an amendment

It is intended that award will be made on the base bid; however, should bids exceed the funds available, award will be made on alternate bid items. Bidders must bid a price for each bid item.

ten (10) X X 52.211-10 X ten (10)

2:00 PM (CST)

08-01-2019 X ninety (90)

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 Bid Schedule for Bid Items on Page 3 **Bidders must bid a price for each bid item** Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

Attn: Karen Harris/Contract Specialist 316 Robert Street N. STE. 506 St. Paul

MN

55101 Y Department of Veterans Affairs

FMS-VA-2(201)

Financial Services Center PO Box 149971 Austin

TX

78714-9971 X Christopher Wynn

VA-VHA-SAOC-2019-BEDDA39A

A.3 BID SCHEDULE

BLOCK 17: BID ITEMS - TO BE COMPLETED AND RETURNED WITH SIGNED AND DATED SF 1442

A single award will be made on Item CLIN No. 0001 (Base Bid), but in the event the offer exceeds the funds available, a single award will be made on CLIN No.0002 or Item No. 0003, etc., in that order, based on available funding. Offerors should quote a price on each item listed.

Bid Item I: (Base Bid) 660 Calendar Days Work shall include, but shall not be limited to providing all labor, materials, equipment, necessary to completely construct Fargo VA Health Care System project 437-14-112 Replace Boiler Plant in accordance with, but not limited to, the contract documents, the Scope of Work, the VA Boiler Safety and Testing manual (most current edition), NFPA, boiler codes

Bid Item II: (Alternate Deduct 1) 660 Calendar Days All Work of Bid Item I, less the work to provide and install certain items or systems, as follows:

Delete the furnishing and installation of new blowdown separator as specified and indicated on the drawings.

Bid Item III: (Alternate Deduct 2) 660 calendar days All Work of Bid Item I, less the work deleted in Alternate Deduct 1, and less the work to provide and install certain items or systems, as follows:

Delete the furnishing and installation of epoxy floor paint from all locations as specified and indicated on the drawings.

Bid Item IV: (Alternate Deduct 3) 660 calendar days All Work of Bid Item I, less the work deleted in Alternate Deduct 1 and 2, and less the work to provide and install certain items or systems, as follows:

Delete the furnishing and installation of new ceramic tile wainscot at Bathroom 203 as specified and indicated on the drawing. Under this Alternate, paint walls and existing floor.

Bid Item V: (Alternate Deduct 4) 660 calendar days All Work of Bid Item I, less the work deleted in Alternate Deduct 1, 2, and 3, and less the work to provide and install certain items or systems, as follows:

Delete the furnishing and installation of the internal lining system utilizing high temperature epoxy liner within the existing underground sanitary waste piping system as specified and indicated on the drawing. Under this Alternate, the existing underground waste piping system will be internally cleaned only and new floor drains installed.

Bid Item VI: (Alternate Deduct 5) 660 calendar days All Work of Bid Item I, less the work deleted in Alternate Deduct 1, 2, 3, and 4, and less the work to provide and install certain items or systems, as follows:

Delete the furnishing and installation of new operable clerestory windows as specified and indicated on the drawing.

Bid Item VII: (Alternate Deduct 6) 660 calendar days All Work of Bid Item I, less the work deleted in Alternate Deduct 1, 2, 3, 4 and 5, and less the work to provide and install certain items or systems, as follows:

Delete the furnishing and installation of new indoor fuel oil storage tank as specified and indicated on the drawing. For this Alternate, the existing fuel oil tank will remain as-is and will be connected to the new generator per the fuel oil day tank piping details found in the drawing package.

Bid Item VIII: (Alternate Deduct 7) 660 calendar days All Work of Bid Item I, less the work deleted in Alternate Deduct 1, 2, 3, 4, 5 and 6, and less the work to provide and install certain items or systems, as follows:

Delete the furnishing and installation of 50% of the catwalks indicated in the drawings. Final revised arrangement of catwalks will be determined by Architect.

Bid Item IX: (Alternate Deduct 8) 660 calendar days All Work of Bid Item I, less the work deleted in Alternate 1, 2, 3, 4, 5, 6, and 7, and less the work to provide and install certain items or systems, as follows:

Delete the furnishing and installation of new casework as specified and indicated on the drawings. Under this Alternate, the existing casework will be reused.

Bid Item X: (Alternate Deduct 9) 660 calendar days All Work of Bid Item I, less the work deleted in Alternate Deduct 1, 2, 3, 4, 5, 6, 7, and 8, and less the work to provide and install certain items or systems, as follows:

Delete the furnishing and installation of the new lower level concrete slab as specified and indicated on the drawings.

Bid Item XI: (Alternate Deduct 10) 660 calendar days All Work of Bid Item I, less the work deleted in Alternate Deduct 1, 2, 3, 4, 5, 6, 7, 8, and 9, and less the work to provide and install certain items or systems, as follows:

Delete the furnishing and installation of new flue gas economizers as specified and indicated on the drawing

Table of Contents

A.4 CONTRACTING OFFICER’S SPECIAL INSTRUCTIONS

INQUIRIES:

Inquiries and all correspondence concerning this solicitation document should be submitted in writing to the Contract Specialist. YOU ARE INSTRUCTED SPECIFICALLY TO CONTACT ONLY THE CONTRACT SPECIALIST ISSUING THE SOLICITATION ABOUT ANY ASPECT OF THIS REQUIREMENT PRIOR TO CONTRACT AWARD.

CONTRACTOR'S SIGNATURE:

In accordance with Federal Acquisition Regulations Part 4, contractual documents (e.g. bids, proposals, awards, modifications, etc.) shall be completed and signed by the Contractor as follows:

(a) Individuals. Signed by the individual.

(b) Individual doing business as a firm. Signed by that individual, and the signature shall be followed by the individual's typed, stamped, or printed name and the words, "an individual doing business as __________________ (insert name of firm)".

(c) Partnership. Signed in the partnership name. Prior to award, provide list of all partners and designate which partners have authority to bind the partnership.

(d) Corporations. Signed in the corporate name followed by the word "by" and the signature, and title of the person authorized to sign. Prior to award, provide list of individuals who have authority to bind the corporation.

(e) Joint Ventures. Signed by each participant in the joint venture in the manner prescribed in (a) through (d) above.

(f) Agents. When an agent is to sign the contract, other than as stated in paragraph (a) through (e) above, the agent's authorization to bind the principal must be established by evidence satisfactory to the contracting officer.

DUNS NUMBER:

Please provide the DUN and Bradstreet Number assigned to your firm in the space provided below:

DUNS# ____ ____ ____ ____ ____ ____ ____ ____ ____

SAFETY OR ENVIRONMENTAL VIOLATIONS AND EXPERIENCE MODIFICATION RATING INFORMATION:

All Bidders/Offerors shall submit information pertaining to their past Safety and Environmental record. The information must contain a certification that the bidder/offeror 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. If such certification cannot be made, a Bidder/Offeror shall explain why and submit as much information as possible regarding the circumstances of its past safety and environmental record, including the number of EPA violations and/or the number of serious, repeat, and/or willful OSHA violations, along with a detailed description of those violations.

All Bidders/Offerors shall submit information regarding their current Experience Modification Rate (EMR). This information shall be obtained from the Bidder’s/Offeror’s insurance carrier and be furnished on the insurance carrier’s letterhead. If a Bidder/Offeror’s EMR is above 1.0, Bidder/Offeror must submit a written explanation of the EMR from its insurance carrier furnished on the insurance carrier’s letterhead, describing the reasons for the EMR, and the anticipated date the EMR may be reduced to 1.0 or below.

Self-insured contractors or other contractors that cannot provide their EMR rating on insurance letterhead must obtain a rating from the National Council on Compensation Insurance, Inc. (NCCI) by completing/submitting form ERM-6 and providing the rating on letterhead from NCCI. Note: Self-insured contractors or other contractors that cannot provide EMR rating on insurance letterhead from the states or territories of CA, DE, MI, NJ, ND, OH, PA, WA, WY, and PR shall obtain their EMR rating from their state run worker’s compensation insurance rating bureau.

If the NCCI cannot issue an EMR because the Bidder/Offeror lacks insurance history, Bidder/Offeror shall submit a letter indicating so from its insurance carrier furnished on the insurance carrier’s letterhead, and include a letter from the NCCI indicating that is has assigned Bidder/Offeror a Unity Rating of 1.0.

The above information, along with other information obtained from Government systems, such as the OSHA and EPA online inspection history databases, will be used to make a Determination of Responsibility.

This requirement is applicable to all subcontracting tiers, and prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors.

DETERMINATION OF RESPONSIBILITY:

To be determined responsible, a prospective contractor must –

(a) Submit all required documents for submission of a bid.

(b) Have adequate financial resources to perform the contract, or the ability to obtain them.

(c) Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments.

(d) Have a satisfactory performance record.

(e) Have a satisfactory record of integrity and business ethics.

(f) Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors).

(g) Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them.

(h) Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

Note: The contracting officer shall obtain information regarding the responsibility of the prospective low bidder, including requesting pre-award surveys when necessary, promptly after a bid opening in accordance with FAR 9.105-1—Obtaining Information. The prospective low bidder shall be prepared to provide documentation to support this determination within two business days following bid opening.

A.5 INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

(a) This solicitation and all bidding materials must be obtained from the Federal Business Opportunities website located at www.fbo.gov. No specifications or drawings will be sent from the Department of Veterans Affairs. The contractor is responsible for printing their own specifications, drawings and contract forms.

(b) A bid guarantee is required in an amount not less than 20 percent of the bid price but shall not exceed $3,000,000. Failure to furnish the required bid guarantee in the proper form “SF24” and amount, by the time set for opening of bids, will require rejection of the bid in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then.

(c) This requirement exceeds $150,000 (see FAR 28.102-1 for lesser amount), and the bidder 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 of 100% of the contract. Copies of SFs 25 and 25A may be obtained upon application to the issuing office.

A.6 SCOPE OF WORK

Page 1 of Page 1 of Scope of Work

Project Number: 437-14-112 Project Title: REPLACE BOILER PLANT

Description of Work: Work shall include, but shall not be limited to providing all labor, materials, equipment, etc necessary to completely construct Fargo VA Health Care System project 437-14-112 Replace Boiler Plant in accordance with, but not limited to, the contract documents, the Scope of Work, the VA Boiler Safety and Testing manual (most current edition), NFPA, boiler codes.

The construction contractor team shall ensure all required permitting and applications are in place and all the necessary information is provided for this process (both temporary and permanent installations) for the boilers and electric generators. Any required updates to meet environmental regulation such as pollution control equipment shall be included in the project to meet current standards and regulations (Federal, State and local). The construction contractor team shall follow VA’s National Environmental Policy Act (NEPA) Directive and associated requirements.

The project shall include, but shall not be limited to providing all new boiler plant equipment at the main campus of the Fargo VA Health Care System, along with removal of the old boilers and all associated equipment, pipe, controls and support components. Work shall involve reutilizing and reconditioning/revitalizing the existing boiler plant building.

Work is primarily mechanical in nature, but the boiler plant emergency generator shall be replaced along with the electrical distribution system. There will be asphalt, concrete, curb and grounds restoration work required under this project. The boiler plant controls shall all be replaced and modernized. The boiler plant safety devices and systems shall be replaced, updated and tested per VA requirements. The operator’s office shall be updated, as well as their support spaces and locker room. All of the alarm systems (for example: the UST reporting system, the fire alarm system, the medical gas alarm system, etc) reporting to the boiler plant shall be maintained and reinstalled or replaced in their entirety with similar new equipment. All of the boiler plant support equipment (for example: DA tank, chemical treatment system, make-up water system, economizers, pumps, condensate return system, etc shall be replaced). Replacement shall include all piping, valves, fittings, etc. and all associated electrical conduit and cabling. Electrical switchgear shall be removed and replaced in the existing plant. The HVAC system in the building shall be replaced. The new/reused stairs, ladders and mezzanines shall be designed for access to and working on the new boilers and associated equipment. The new boiler plant shall be provided with a new chemical and water treatment system.

The existing boiler plant shall remain operational until the temporary equipment is brought in, set up and tested in order to serve this function. The temporary boilers and equipment shall be tested and operational prior to allowing the decommissioning and demolition of the existing VA boilers. The Fargo VA Boiler Plant Operators shall be trained to operate the temporary equipment. Testing will need to be performed under load and how this will be done shall be thought out and include a thorough plan for testing all safety features and controls to ensure compliance with all VA requirements and safety testing. It is expected that all existing piping shall be replaced in the boiler plant associated with the boilers and support equipment.

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 52.211-6 BRAND NAME OR EQUAL (AUG 1999)

(a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation.

(b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must—

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by—

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation.

(End of Provision)

2.3 Addendum to FAR 52.211-6

Following is a list of manufacturer brand names that are currently noted on the Bidding Set:

2.4 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)

2.5 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

(End of Provision)

2.6 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014)

(a) Definitions. "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, other than designated country construction material, 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.

(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, and the offeror shall be required to furnish such domestic or designated country 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)

2.7 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)

2.8 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:

Michael Casper

Hand-Carried Address:

Department of Veterans Affairs

NETWORK CONTRACTING OFFICE (NCO 23)

3600 30th Street, Bldg 7M Des Moines IA 50310 Mailing Address:

Department of Veterans Affairs

NETWORK CONTRACTING OFFICE (NCO 23)

3600 30th Street, Bldg 7M Des Moines IA 50310

(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) 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— July 9, 2019 at 10:00 AM (CST)

(c) Participants will meet at— Engineering Conference Room BD-42 (End of Provision)

2.10 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)

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

(1) Include the name, address, fax number, email and telephone number of the protester;

(2) Identify the solicitation and/or contract number;

(3) Include an original signed by the protester or the protester’s representative and at least one copy;

(4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents;

(5) Specifically request a ruling of the individual upon whom the protest is served;

(6) State the form of relief requested; and

(7) Provide all information establishing the timeliness of the protest.

(b) Failure to comply with the above may result in dismissal of the protest without further consideration.

(c) Bidders/offerors and Contracting Officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.

(End of Provision)

2.11 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:

2.12 VAAR 852.236-92 NOTICE TO BIDDERS—ADDITIVE OR DEDUCTIVE BID LINE ITEMS (APR 2019)

(a) Additive or deductive line items in the bid schedule shall be evaluated to determine the low offeror and the items to be awarded. The evaluation shall be made as follows—

(1) Prior to the opening of bids, the Government will determine the amount of funds available for the project.

(2) The low bid shall be the Bidder that—

(i) Is otherwise eligible for award; and

(ii) Offers the lowest aggregate amount for the first or base line item, plus or minus (in the order stated in the list of priorities in the bid schedule) those additive or deductive line items that provide the most features within the funds determined available.

(3) All bids shall be evaluated on the basis of the same additive or deductive line items.

(i) If adding another item from the bid schedule list of priorities would make the award exceed the available funds for all offerors, the Contracting Officer will skip that item and go to the next item from the bid schedule of priorities; and

(ii) Add that next item if an award may be made that includes that line item and is within the available funds.

(b) The Contracting Officer will use the list of priorities in the bid schedule only to determine the low offeror. After determining the low offeror, an award may be made on any combination of items if—

(1) It is in the best interest of the Government;

(2) Funds are available at the time of award; and

(3) The low offeror’s price for the combination to be awarded is less than the price offered by any other responsive, responsible offeror.

(c) Example: ‘‘The amount available is $100,000. Offeror A’s base bid and four additives (in the order stated in the list of priorities in the bid schedule) are $85,000, $10,000, $8,000, $6,000, and $4,000. Offeror B’s base bid and four additives are $80,000, $16,000, $9,000, $7,000, and $4,000. Offeror A is the low offeror. The aggregate amount of offeror A’s bid for purposes of award would be $99,000, which includes a base bid plus the first and fourth additives. The second and third additives were skipped because each of them would cause the aggregate bid to exceed $100,000.’’ (End of Clause)

2.13 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)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

(a) Definitions. As used in this provision— Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that—

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See http://www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ‘‘Unique Entity Identifier’’ followed by the unique entity identifier that identifies the Offeror’s name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

(End of Provision)

3.2 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)

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

(2) The small business size standard is $36.5 Million.

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

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

(2) If the provision at 52.204–7, System for Award Management, is…