S02_36C26320R0070 (Final Edit)(F).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.

36C26320R0070

X 06-05-2020

636-20-3-9299-0003

636A6-18-313

36C263

Department of Veterans Affairs Network 23 Contracting Office (NCO 23) 111 South 18th Plaza, Suite C38 Omaha NE 68102-2077

Department of Veterans Affairs Network 23 Contracting Office (NCO 23) 111 South 18th Plaza, Suite C38 Omaha NE 68102-2077 Kenneth A. Spohn 402-996-3531 PN: 636A6-18-313, Remodel ICU and Tele (DM) POC: Kenneth A. Spohn, Email: kenneth.spohn@va.gov

Contractor shall provide all supervision, tools, labor, materials, equipment, and transportation necessary to complete general construction, remove asbestos, alterations, mechanical, and electrical work as necessary to renovate an unoccupied space to serve as a new ICU Ward and remodel an existing patient care area to serve as a new Telemetry Unit. In order to accomplish this project the contract will be broken up into Three (3) Phases as follows: (1) Phase One: Demolish and renovate the 5th Floor for a new ICU Ward; (2) Phase Two: Demolish and renovate the existing 3rd Floor space for the Telemetry Unit; (3) Phase Three: Plumbing work on the 2nd and 4th Floor, and the Replacement of a Rooftop AHU unit to support the newly constructed spaces.

The overall Period of Performance for this project will be 510 calendar days from the Issuance of the Notice To Proceed which includes all lead times for material equipment/acquisition, document preparation, and all material submittals.

NOTICE OF SERVICE-DISABLED VETERAN OWNED SMALL BUSINESS (SDVOSB) SET-ASIDE:

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), competition is restricted to SDVOSB construction firms, as there is a reasonable expectation that two or more offers from SDVOSB contractors will be received under this solicitation. All prospective offerors must be verified in the VetBiz.gov database as an SDVOSB to be considered for award. The offeror MUST be registered in the System for Award Management (SAMbeta.gov) at the time of proposal submission and maintain that registration to be eligible for award.

NAICS Code 236220 is applicable for this procurement with the small business size standard of $39.5 Million.

The magnitude of construction for this project is estimated to be between $5,000,000.00 and $10,000,000.00.

There is an Organized Site Visit for this project. See solicitation for specific details.

Please submit all RFI's/Questions via e-mail to kenneth.spohn@va.gov prior to 4:00 PM CT on 24 June 2020.

The Government reserves the right not to answer any RFI's/Questions submitted after the due date/time.

X X

52.211-10 X

4:00 PM CT

07-07-2020 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

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

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

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

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

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

TO SIGN

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

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

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

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

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

(Contractor is not required to sign this document.)

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

See Contract Price Schedule - Page 13

636-36X0162-9299-854200-3220 23NR8WA36

Obligation Number

36C263

Network 23 Contracting Office (NCO 23) 111 South 18th Plaza, Suite C38 Omaha NE 68102-2077

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

Table of Contents

2.1. INSTRUCTIONS TO OFFERORS

1. COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

Copies of the solicitation and amendments are available by INTERNET ACCESS ONLY. All Request for Proposal (RFP) documents and any amendments to the RFP are made available through the SAMbeta.Gov website at https://beta.sam.gov under the solicitation number. To download the RFP and associated documents, you must have an active vendor account in SamBeta.Gov. For vendor account information, refer to the SAMbeta.Gov Vendor Guide.

It shall be the contractor’s responsibility to check the website for any amendments. The offeror shall submit all requested information specified in this solicitation. There will be no public opening of the proposals received as a result of this solicitation. A list of interested vendors (potential offerors and subcontractors) is available on the SAMBeta.Gov web site.

1. PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

This Request for Proposal (RFP) does not commit the Government to pay, as a direct charge, any costs incurred in the preparation and submission of a proposal.

1. ACCURACY IN PROPOSALS

Proposals must set forth full, accurate, and complete information as required by this RFP, (including attachments). The penalty for making false statements is prescribed in 18 U.S.C. 1001.

1. PROPOSAL SUBMITTALS

Proposals (whether hand-delivered or mailed) must be received no later than the time specified on the Standard Form (SF) 1442, Page 1, Item 13A. Official time will be established by the clock located in the area where proposals are received (NCO 23 Omaha Contracting Office). See FAR 52.215-1 for rules concerning late proposals.

The Packaging that contains the Proposals shall be marked:

“Proposals for Solicitation Number: 36C26320R0070, DO NOT OPEN”

1. PRICE SCHEDULE

Payment for the all items listed in the Price Schedule shall constitute full compensation for furnishing all supervision, tools, labor, materials, equipment, transportation, and bonds (bid, performance and payment) for performing all operations required to complete the work in conformity with the project drawings and specifications. All costs for work not specifically mentioned in the Price Schedule but detailed in the specifications shall also be included in the proposed contract pricing.

1. PROPOSAL FORMAT

Submit the following items by the date and time set for receipt of proposals.

Volume Number

I

Technical Proposal - Includes Technical Criteria for Factor 1- Sub-Factors a, b, c Technical Criteria for Factor 2 – Past Performance Surveys (submitted to Co separately)

Paper: Original Electronic: 1 CD with Technical Proposal Only

II

Electronic: 1 CD with Price Proposal and Schedule of Values

Electronic: N/A

Each of the Volumes shall be in English, printed on U.S. 8 ½ x 11 paper, using standard 12-point size type, hole punched and placed in separate 3 ring binders. No other form of binding or deviations will be accepted. Each bound Volume will contain a cover sheet for ready identification of the proposal and a full table of contents, separated by Tabs, as prescribed herein.

The offerors are cautioned that no reference to the proposed price(s) shall be made in Volume I - Technical.

5. The prime, consortium, or joint venture’s name, address, a signature of the official that can bind the firm and a telephone number shall appear in the lower left corner of the title page all Volumes to be evaluated.

5. Volume number, section and date submitted shall appear in the bottom right corner of each page.

5. Neither fax nor email of written submittals will be accepted.

5. An electronic submittal of all Volumes shall be provided on a Compact Disk (CD).

5. Photographs and organizational charts will not be considered a page. However, a photograph with more than 6 lines of text (for caption purposes) counts as one page. Double-sided pages count as two pages.

5. Offerors shall comply with all requirements of the proposal submission instructions. Any offer that states, includes, or alludes to the proposed contract price(s) in Volume I shall be determined to be unacceptable and shall not be considered for award.

1. WRITTEN CONTENTS

Proposals shall be submitted in Two Parts: Volume I - Technical Proposal, Volume II - General Offer and Price Proposal including Schedule of Values, and Additional Information. Each Volume shall be submitted in a separate sealed envelope/package clearly labeled on the outside of the envelope/package. Both Volumes must be submitted at the same time and date for receipt of all offers.

Volume I - Technical Proposal

1. Volume I shall include the following information:

1. Limited to 30 pages. The term “pages” includes pullout drawings, tables, diagrams, charts, annexes, indices, tables, and manufacturer material/data/information (product literature, catalog, cut sheets, etc.), but must be folded to fit a standard page. All pages shall be single sided. Use 22” x 34” or 24” x 36” for full size drawings. Half-size sheets are also acceptable.

1. Volume I pages shall be numbered consecutively.

1. Additionally, Volume I shall contain the following technical evaluation information as follows:

1. Technical Approach to Demonstrate Technical Competence

1. Construction Experience

1. Project Schedule Volume II - General Offer and Price Proposal Volume II shall include the following information:

1. Solicitation Number, Project Number, Project Title, Project Location, Offeror Organization, Address, Point of Contact, Phone Number, and Email Address.

1. Name, title, and signature of the person authorized to sign the proposal and negotiate on the company’s behalf

1. Standard Form 1442 Solicitation Offer and Award (front and back); All amendments must be acknowledged by number and date on the back of the Standard Form 1442, Block 19, and executed in Blocks 20a, 20b, and 20c.

1. Bid Bond Form SF 24 in the amount of 20% of Proposed Price

1. Completed Price Schedule

1. Completed Schedule of Values using Sub-Factor b Project Schedule

2.2. TECHNICAL CRITERIA

This procurement will use a Request for Proposal (RFP) using the trade-off procedure to determine the “Best Value for the Government using FAR Part 15.101 and 15.101-1, Trade Off Process Methodology. Trade-offs are planned in accordance with FAR 15.101-1(a), where the use of a tradeoff process is appropriate when it may be in the best interest of the Government to consider award to other than the lowest price offeror or other than the highest technically rated offer.

The Government intends to select ONE contractor for award of a Firm Fixed Price (FFP) contract. Offerors must submit information in enough detail to permit proper evaluation. The VA plans to make award without discussions but reserves the right to engage in discussions should it be in the Government’s best interest.

The term “technical,” as used herein, refers to non-price factors. The non-price technical evaluation factors for this acquisition include the following:

Volume I – Technical Proposal:

FACTOR 1: Technical Criteria Factors:

Sub-Factor a. – Technical Approach to Demonstrate Technical Competence:

This factor considers an Offeror ’s technical approach for this project which will demonstrate both their understanding of the major elements of work involved and their overall understanding of the project requirements.

Sub-Factor b. – Construction Experience:

This factor considers the extent of the Offeror’s recent and relevant experience on projects of similar scope, magnitude, and complexity.

Sub-Factor c. - Project Schedule This factor considers the proposed construction schedule with all starting and completion times of all major elements of work beginning with the notice to proceed on the base contract items and indicating calendar days to completion of all work required by the specification and drawings.

Sub-Factor a: Technical Approach to Demonstrate Technical Competence:

The offeror shall submit: (1) a detailed narrative description of how they intend to approach the scope of work, (2) a clear explanation of all planned aspects of the work, and (3) a detailed narrative that demonstrates a complete understanding of the requirements.

The Contractor’s submission for this technical sub-factor shall be in English and limited to no more than ten (10) 8 1/2 x 11 paper using 12-point size type.

The offeror’s rating for Technical Approach to Demonstrate Technical Competence will be based on sound engineering practices, thorough description of all planned elements of the work, and the relevant details provided to describe the contractor’s plan for success.

Offerors are specifically instructed to provide clear, unambiguous, and detailed information. Confusing, vague, or conflicting representations of Technical Approach to Demonstrate Technical Competence, including proposals that simply restate the published requirements, will not be rated as highly as proposals that provide clear and detailed information.

Sub-Factor b: Construction Experience:

Recent - Project examples completed within the last 5 years.

Relevant - Projects similar in nature to the project in this solicitation for scope, magnitude and complexity and have a logical connection with the requirements of this RFP.

The offeror shall submit a detailed narrative describing their recent experience with construction projects of similar scope, magnitude, and complexity as this project. The offeror shall provide a summary of at least two, but no more than four, projects that are relevant to this project. The summary shall describe the physical location of the project, the contract dollar value, successes and failures of the project, and the final project outcome.

The Contractor’s submission for this technical sub-factor shall be in English and limited to no more than ten (10) 8 1/2 x 11 paper using 12-point size type.

The offeror shall submit a detailed narrative of the subcontract companies they plan to work with for this project. This narrative shall clearly describe the specific aspects of the project the subcontractor will be performing.

Offerors lacking relevant past performance history may submit information regarding predecessor companies, key personnel who have performed on other contracts or teaming partner (sub-contractors) that will perform major or critical aspects of the requirement if such information is relevant to this acquisition. If submitting past performance as part of a joint venture for this solicitation the joint venture must have an SBA approved signed joint venture agreement and be registered in beta.Sam.com as a joint venture identity.

Sub-Factor c: PROJECT SCHEDULE The offeror shall submit a detailed critical path project schedule that shows specific tasks with start and finish dates. The project schedule shall be submitted on a GANTT chart or a bar chart using time as a constant on the x-axis.

The Contractor’s project schedule narrative for this technical sub-factor shall be in English and limited to no more than ten (10) 8 1/2 x 11 paper using 12-point size type. (Note: the project schedule itself is excluded from this count)

The offeror shall submit a written narrative to correspond to the project schedule which describes (1) each specific task, (2) who will perform the duties of the task (prime and subcontractors), and (3) quality control measures for each task.

The offeror shall provide a written commitment for project completion within the provided 510 calendar day period of performance from the date of the Notice to Proceed. Any schedules submitted containing less than 510 calendar days will be evaluated but are not binding on the Government. For purposes of the proposal submittal, assume a Notice to Proceed (NTP) date of 1 August 2020.

FACTOR 2: PAST PERFORMANCE:

Offerors shall provide relevant past performance information from projects that are similar in scope, complexity, and dollar value to this acquisition. Projects may be on-going, if complete to at least seventy percent (70%). Completed projects shall have a completion date of no more than five years prior to the closing date of this solicitation.

The offeror shall request that a minimum of two (2) to four (4) past performance evaluation questionnaires, preferably the projects identified in the Construction Experience Area, be filled out using the evaluation sheet that is attached to the solicitation, and request that the evaluator send to the Contracting Officer electronically via the e-mail address listed in the solicitation.

In the case of an offeror without a record of relevant past performance or for whom the information on past performance is not available, the offeror may not be evaluated favorably or unfavorably on past performance.

Volume II - PRICE PROPOSAL:

The offeror’s proposed price will be initially evaluated by the Contracting Officer (CO) for completeness. Subsequently, the CO will send the offer’s proposed price to the Source Selection Evaluation Board (SSEB) who will evaluate total proposed pricing for price reasonableness. Price reasonableness will be established using any necessary price/cost analysis techniques in FAR 15.404-1, including but not limited to price competition information and the Independent Government Estimate (IGE), along with any other pricing tools deemed necessary.

Price Evaluation Factors:

· The offeror shall submit the properly filled out Price Schedule, included in the solicitation.

· Provide a Schedule of Values broken down using your Factor I sub-factor c Proposed Project Schedule.

· An award cannot be made if the successful offer’s proposal price exceeds available funding or cost limitations, if applicable.

· The offeror shall not reference pricing in any VOLUME I proposal areas.

2.3. TECHNICAL RATINGS

The SSEB will evaluate each offeror’s Volume I - Factor 1-Sub-Factors a, b, and c submission criteria using the following adjectival rating system as follows:

The Contracting Officer will assign one of the following ratings to an offeror’s Volume I -Factor 2 Past Performance:

The CO and SSEB will evaluate each offer’s Volume II submission criteria using the following:

Price Schedule Completeness: A review for a properly filled out Price Schedule with both line items and total pricing completed.

Schedule of Values: This review will check for the appearance of unbalanced pricing in major work elements that correspond to the Proposed Project Schedule. Offerors are cautioned to distribute direct costs, such as material, labor, equipment, subcontracts, etc. and to evenly distribute indirect costs, such as job overhead, home office overhead, bond, etc., to the appropriate contract work elements.

Price Reasonableness: Proposed Project Pricing will be established using any necessary price/cost analysis techniques in FAR 15.404-1, including but not limited to price competition information and the Independent Government Estimate (IGE), along with any other pricing tools deemed necessary.

All Technical Criteria Factors (Sub-Factors a, b, c) are equal in value to each other and equal to Past Performance and when combined they are considered greater in importance than Price.

2.4. ADDITIONAL PRIME CONTRACTOR INFORMATION

· All Offerors shall submit current information on their current Bonding/Surety Level for construction contracts.

· All 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 Offeror’s insurance carrier and be furnished on the insurance carrier’s letterhead. If an Offeror’s EMR is above 1.0, 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 elevated EMR and the anticipated date the EMR may be reduced to 1.0 or below.

Note: The Prime Contractor’s Past Performance Rating, Bonding Level, and Safety/EMR Ratings will be considered under the Determination of Contractor’s Responsibility portion of the award process.

SCOPE OF WORK

Project 636A6-18-313

Scope of Work

The VA Des Moines Health Care System in Des Moines, IA currently has a need to construct an ICU ward and a Telemetry Unit on the 5th and 3rd Floors of Building 1W. This will require a construction contractor to provide all supervision, tools, labor, materials, equipment and transportation necessary to complete general construction, asbestos removal, alterations, mechanical and electrical work as necessary to renovate an unoccupied space to serve as a new ICU Ward and remodel an existing patient care area to serve as a new Telemetry Unit. In order to accomplish this project the contract will be broken up into Three (3) Phases as follows: (1) Phase One, demolish and renovate the 5th Floor for a new ICU Ward; (2) Phase Two, demolish and renovate the existing 3rd Floor space for the Telemetry Unit; and (3) Phase Three, plumbing work on the 2nd and 4th Floor, and the Replacement of a Rooftop AHU unit to support the newly constructed spaces. The purpose of this project is to meet a long term need for Veteran patients seeking treatment at this VA Facility.

Note: In accordance with the VA’s ISO 6500.6 Handbook this project has a Low Risk Designation and both the VA Handbook 6500.6 Appendix C and VA Handbook 6500.6 Appendix B are applicable and will be attached to the solicitation and subsequent contract award respectively.

PRICE SCHEDULE SHEET

CLIN

Description of Item Type

Quantity

Unit Unit Price Amount

Total Price

Period of Performance: 510 Calendar Days after issuance of Notice to Proceed.

**LS= Lump Sum

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.5. FAR 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)

2.6. FAR 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)

2.7. FAR 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 Polk County Des Moines, Iowa (End of Provision)

2.8. FAR 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014) ALTERNATE II (JUN 2009)

(a) Definitions. "Bahrainian, 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 Bahrainian, 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 Bahrainian, 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)

2.9. FAR 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 $3,000,000.00, 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)

2.10. FAR 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:

Kenneth A. Spohn (NCO 23) Hand-Carried Address:

Department of Veterans Affairs NCO 23 Contracting Office 111 S. 18th Plaza, Suite C38 Omaha NE 68102

Mailing Address:

Department of Veterans Affairs Network 23 Contracting Office (NCO 23) 111 S. 18th Plaza, Suite C38 Omaha NE 68102

(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)

2.11, FAR 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— June 16, 2020 at 10:00 AM CT

(c) Participants will meet at— Building 2, Room 2007 Des Moines Engineering Conference Room (End of Provision)

2.12. FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Provision)

2.13. 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)

2.14. 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:

REPRESENTATIONS AND CERTIFICATIONS

3.1. FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2020)

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

(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 & Alternate I). 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.

(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.