36C26320R0102-007.docx

36C26320R0102

1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5.

REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE

DOCUMENTS (Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12b. CALENDAR DAYS

13. ADDITIONAL

SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

Prescribed by GSA-FAR (48 CFR) 52.236-1(d)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SEALED BID (IFB)

NEGOTIATED (RFP)

1. The Contractor shall begin performance within ____________ calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See

YES

NO

a.

Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

b.

An offer guarantee is, is not required.

c.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d.

Offers providing less than ____ ___________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

36C26320R0102 X 05-01-2020

WILL BE CITED ON EACH

TASK ORDER (TO)

NA

36C263 Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

Teresa Kohlbeck, Contract Specialist 316 Robert Street N. STE. 506 St. Paul MN 55101 Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

Teresa Kohlbeck, Contract Specialist 316 Robert Street N. STE. 506 St. Paul MN 55101 Teresa Kohlbeck 651.293.3011 PROJECT: Low Voltage Installation and Maintenance at the Minneapolis VA Health Care System (VAHCS)

Low voltage installation and modifications are an ongoing need throughout the Minneapolis VAHCS. See Statement of Work (SOW) and specifications for additional detail regarding this requirem ent.

This will be a Firm-Fixed-Price (FFP) Indefinite Delivery Indefinite Quantity (IDIQ) contract.

Task orders will be placed as needed.

This contract will have a five (5) year Period of Performance (PoP). Estimated PoP is July 1, 2020 to June 30, 2025.

This is a 100% Service Disabled Veteran Owned Small Business (SDVOSB) set side.

NAICS code 238210 is applicable for this proc urement with small business size standard of $16.5 million.

See provided Price Schedule Sheet. Offeror to complete each line with an installed price (including labor & materials) per ite mized CLIN, including Column Total(s) and Grand Total.

Site visit is scheduled for Monday, May 11, 2020, 9:00 AM CT. POC is Carl Berning (612) 629-7888.

The site visit will be held at the Minneapolis VAHCS, One Veterans Drive, Minneapolis, MN, Building 70, Room BR-138.

Interested parties are strongly encouraged to attend the site visit. Due to the current pandemic, a face mask will be required at all times while at the VA facility and only one representative from each company may attend the site visit.

All Visitors entering Bldg 70 must use the Outpatient Entrance; note: entrants will be pre-screened for symptoms of COVID-19. Please allow enough time to ensure you arrive by t he site visit start time.

All questions are due back by Monday, May 18, 2020, 2:00 PM CT via email to teresa.kohlbeck@va.gov Answers will be provided via a solicitation amendment posted to Contract Opportunities at https://beta.sam.gov The Government reserves the right not to answer any RFIs/questions submitted after the due date/time.

All offers are to be submitted via email to teresa.kohlbeck@va.gov, see instructions for additional information.

(per TO) (per TO) X X 52.211-10 X Per TO

2:00 PM CT

06-01-2020 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 req uired 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 Attachment 2 - Price Schedule Sheet Offeror must submit completed sheet in MS Excel format.

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

Teresa Kohlbeck, Contract Specialist 316 Robert Street N.

STE. 506

St. Paul MN 55101 Y Department of Veterans Affairs Financial Services Center PO Box 149971 Austin TX 78714-9971 Shea Colby Contracting Officer

Table of Contents

A.3 PRICE SCHEDULE

See Attachment 2.

A.4 SCOPE OF WORK

Page 1 of Page 1 of April 23, 2020

STATEMENT OF WORK

Low Voltage IDIQ Contract

1. Introduction:

a. Low voltage installation and modifications are an ongoing requirement throughout the Minneapolis Veterans Health Care System (MVAHCS).

b. This contract will have a five (5) year Period of Performance (PoP). This Contract will be exercised using an Indefinite Delivery Indefinite Quantity (IDIQ) contract and task orders will be placed as needed.

2. Objectives:

a. Initiate a low voltage installation/maintenance contract with a contractor that can keep up with the demand for low voltage installation projects at the MVAHCS.

b. This contract will include, but not limited to, the installation of category 6 & 6A cable, data/communication ports and associated hardware.

3. Statement of Work:

a. Contractor will provide all materials, equipment and labor to complete each task order. Each task order will vary in size and dollar amount. Proposals and quotes will be based on installed price in accordance with Price/Cost Schedule.

b. Only one Mobilization Fee will be authorized per task order issued.

c. The Contractor shall provide a one (1) year warranty on the labor, materials and performance of the installations.

d. Maintain integrity for firestop requirements for all floor and wall penetrations. All penetrations must be sealed with fire stop or fire caulk per National Fire Protection Agencies (NFPA) regulations.

e. All new installation from the source to point of use shall be done within current raceways, cable trays or conduit/Electrical Metallic Tubing (EMT) when/where available. Where these items are not available, the Contractor shall provide these items and install the cabling within them. New raceways shall be cable basket tray. Submit cut sheets to Contracting Office Representative (COR) prior to installation of raceways. Free air cabling is not permitted for the main cable runs unless approved by the MVAHCS Facilities Engineering Department located in BR 138.

f. Any variations not specified in the contract must be approved prior to starting the work by the MVAHCS COR or Facilities Engineering Department located in BR 138.

g. Additional materials and services not outlined in the SOW must obtain prior approval from the assigned Contracting Officer (CO) before proceeding.

h. Technical Requirements must meet the standards put forth in the Department of Veterans Affairs Electrical Design Manual for New Hospitals, Replacement Hospitals, Ambulatory Care, Clinical Additions, Energy Centers, Outpatient Clinics, Animal Research Facilities, Laboratory. Information available at https://www.cfm.va.gov/til/dManual/dmElec.pdf

i. All installations will be completed in accordance with Minneapolis Veteran Affairs Specifications listed below:

a) 07-84-00 Fire Stop low voltage

b) 26-05-19 Low Voltage Conductors

c) 26-27-26 Wiring Devices

d) 27-05-11 Requirements for Communication installations

e) 27-05-33 Raceways and boxes for communication systems

f) 27-12-00 Telecommunications cabling and expansion.

4. Working hours:

a. Working hours will be between 7:00am and 5:00pm Monday through Friday. After hours, Weekends, Holidays will be for emergencies only.

b. Observed Federal Holidays:

5. Submittals:

a. Contractor will need to submit cut sheets with their proposal for all materials used to complete low voltage installations.

6. Safety:

a. Contractor is responsible for maintaining a safe working environment for their employees as well as the MVAHACS Staff. Work areas will be kept cleaned throughout the day and all trash and demolished materials properly disposed of daily.

b. Contractor must comply with hospital security and safety controls in order to minimize impact to patient care safety and security. If required, patient care areas will require a minimum of 48 hours notification prior to performing work in order to relocate patients to another location.

c. Infection Control Risk Assessment (ICRA) and Interim Life Safety Assessments (ILSA) will need to be completed by VA staff prior to the beginning of the work. A fully extended portable cube must be in place when moving or removing ceiling tiles. A tight seal between the cube and the ceiling must be maintained before performing the task.

7. Security:

a. Contract personnel assigned to this contract must pass a background investigation. Background investigations will be completed, and access badges acquired via coordination with the COR prior to any work being done on VA property by any contractor or subcontractor personnel. Each technician working on-site at any of the MVAHCS locations will be bonded.

b. Technicians will be escorted by MVAHCS representative with proper security clearance unless background investigations and Annual Security Awareness Training and Rules of Behavior (SAT/ROB) are completed, and Contractor is following Special Directive 6500, Information Security Program. Contractor’s Technicians are required to sign in/out for each communication closet they access.

c. Contractor’s Technicians are required to check in with the COR upon arrival at facility to obtain access and basic instructions, task explanations and project location information. Daily performance log sheets are required to be submitted to the CO and COR daily. The logs will provide information about location and progress that has been made.

8. Parking/Storage:

a. Parking is available in parking lots 11, 43A and 43B for vehicles (automobiles and Pickup trucks). Larger vehicles, equipment, job site trailers or storage containers must utilize parking lot 43A only. Contractor’s contact information (name and phone number) is required to be displayed on all vehicles, equipment, trailers or containers that are stored overnight at the MVAHCS. Dropping off tools and materials at the loading dock is permitted but no parking is allowed in the loading dock area. Unattended vehicles parked in unauthorized locations will be ticketed by the MVAHCS Police.

9. Point of Contact:

MVAHCS Contract Officer Representative - 612-629-7888

END

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

(a) This solicitation & all associated bid documents are available to interested parties in electronic file format through the Contract Opportunities website at https://beta.sam.gov/. No hard copy documents will be provided by the government.

(b) For each task order awarded, a bid guarantee shall be required whenever a performance bond, or a performance and payment bond, is required (see FAR 28.101-1).

(c) For each task order awarded that shall exceed $35,000 but does not exceed $150,000 (see FAR 28.102-1 for greater amount), the vendor will be required to furnish 1) a Payment Bond, SF 25A, in the penal sum of the task order award and, 2) an irrevocable letter of credit (ILC). A copy of the SF 25A may be obtained from the Contracting Officer upon request.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

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 Contract Opportunities 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 Contract Opportunities. For Contract Opportunities vendor account information, refer to the 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 Contract Opportunities web site.

2. 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.

3. 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.

4. 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.

Written requests for information, clarifications or questions to solicitation documents shall be submitted to the Contract Specialist at teresa.kohlbeck@va.gov no later than Monday, May 18, 2020 at 2:00 PM (CT). No questions will be accepted or answered after this deadline. Telephone inquiries will not be accepted.

5. PROPOSAL SUBMITTALS

Proposals must be received no later than the time specified on the Standard Form (SF) 1442, Page 1, Item 13A. See FAR 52.215-1 for rules concerning late proposals.

Respond by emailing offer to the Contract Specialist at teresa.kohlbeck@va.gov, Subject: Response to Solicitation 36C26320R0102.

Faxed proposals are not permitted under any circumstances.

6. PROPOSAL FORMAT

Each of the Volumes shall be in English, U.S. 8 ½ x 11 size paper, using standard 12-point size type. Each Volume will contain a cover sheet for ready identification. The prime, consortium, or joint venture’s name, address and a telephone number shall appear in the lower left corner of the cover sheet on all Volumes. Volume number, Part (if applicable) and date submitted shall appear in the bottom right corner of each page.

The offerors are cautioned that no reference to the proposed price(s) shall be made in Volume 1 – Technical Proposal. Any offer that states, includes, or alludes to the proposed contract price(s) in Volume 1 shall be determined to be unacceptable and shall not be considered for award.

The Volume 2 – Price Schedule Sheet must be completed and provided in Microsoft Excel format showing all formulas.

7. EVALUATION FACTORS

For a proposal to be considered for award, there must be an “acceptable” rating in every non-price factor. The term “technical,” as used herein, refers to non-price factors. The non-price technical evaluation factors for this acquisition include the following:

Volume 1, Part 1 -Technical Proposal (15-page limit)

Factor 1 – Experience: The offeror must have a minimum of three (3) years experience installing Low Voltage cabling and devices in a hospital or commercial setting. Provide information that demonstrates experience installing low voltage cabling and devices.

Offerors must meet the following standard to receive an acceptable rating on this factor: The offeror has provided documentation showing a minimum of three (3) years experience installing Low Voltage cabling and devices in a hospital or commercial setting. The offeror has provided information that demonstrates experience installing low voltage cabling and devices.

Factor 2 – Team Qualifications: Provide documentation of the following:

i. License/Credentials to show employees training and/or certification on the installation of low voltage cabling and devices.

ii. Demonstrate knowledge of Telecommunication Industries Association/Electronic Industries Alliance (TIA/EIA) standards.

iii. Knowledge of Building Industry Consulting Services International (BICSI) best practices.

iv. Detail the process that will be used to ensure employees will pass appropriate background checks for access to the facility and badging.

Offerors must meet the following standard to receive an acceptable rating on this factor: The offeror has provided the all documentation requested for this factor.

Factor 3 – Schedule and Capacity: Offeror must be able to mobilize and start work within fourteen (14) calendar days of notice to proceed. Explain plan to mobilize and meet this timeline.

Offerors must meet the following standard to receive an acceptable rating on this factor: The offeror has provided documentation verifying ability to mobilize and start work within fourteen (14) calendar days of notice to proceed. The offeror has provided a plan to mobilize and meet this timeline.

Factor 4 – Quality Control Plan: Provide Quality Assurance/Quality Control (QAQC) plan detailing measures for testing and ensuring work is properly performed.

Offerors must meet the following standard to receive an acceptable rating on this factor: The offeror has provided a Quality Assurance/Quality Control (QAQC) plan detailing measures for testing and ensuring work is properly performed.

Factor 5 – Past Performance: Provide three (3) references (name, phone number, email) that can validate the offerors ability to perform low voltage installation.

Offerors must meet the following standard to receive an acceptable rating on this factor: The offeror has provided three (3) references (name, phone number, email) that can validate the offerors ability to perform low voltage installation. The government has contacted the references and confirmed performance is relevant and confidence in performance is satisfactory or higher.

Volume II - PRICE PROPOSAL Price will be evaluated to determine the lowest priced technically acceptable vendor. The total evaluated price will be determined by using the offeror’s total price. A price analysis will be used to evaluate all CLINs to support the selection of the lowest priced, technically acceptable offeror. 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. The price evaluators will check for appearance of unbalanced line item prices in the cost breakdown. 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 line items. Both parties shall presume that field overhead costs through the proposed contract duration are inclusive in the offered price for the contract. Price will not be rated or scored but will be evaluated for fairness and reasonableness through the use of a price analysis. Award cannot be made for project cost for design and construction exceeding the cost limitation, if applicable, described herein.

Price Evaluation Factor: The offeror shall submit the properly filled out Price Schedule Sheet included in the solicitation, containing proposed line items and total pricing.

8. TECHNICAL RATINGS

The Technical Evaluation Board (TEB) will evaluate each offeror’s proposal against the evaluation factors to determine whether the proposal is acceptable or unacceptable, using the ratings and descriptions outlined in Table 1 for technical factors.

Technical Acceptable/Unacceptable Ratings

9. EVALUATION PROCEDURES

Selection and Award without Discussions: It is the intent of the Government to make award based upon initial offers, without further discussions or additional information but the Government reserves the right to conduct such if so needed.

Discussions: Discussions are usually conducted in writing but may also be by telephone or in person. Discussions are tailored to each offeror's proposal. The primary objective of discussions is to maximize the Government's ability to obtain the best value, based on the requirement and the evaluation criteria set forth in this solicitation. If a firm's proposal is eliminated or otherwise removed from consideration for award during discussions, no further revisions to that firm's proposal will be accepted or considered. Discussions will culminate in a request for Final Proposal Revision, the date and time of which will be common to all remaining firms.

10. BASIS OF AWARD

Award will be made to the lowest price technically acceptable offer per FAR 15.101-2. An award cannot be made if the successful offer’s proposal price exceeds available funding or cost limitations, if applicable.

2.1 52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of Provision)

2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of Provision)

2.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the—

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is

(End of Provision)

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

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

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

(c) Evaluation of offers.

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

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.5 52.233-2 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:

Shea Colby

Hand-Carried Address:

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

316 Robert Street N. STE. 506 St. Paul MN 55101 Mailing Address:

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

316 Robert Street N. STE. 506 St. Paul MN 55101

(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)

2.6 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— Monday, May 11, 2020 at 9:00 AM (CT)

(c) Participants will meet at— Minneapolis VAHCS, Building 70, Room BR-138 (End of Provision)

2.7 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)

2.8 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)

2.9 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 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238210.

(2) The small business size standard is $16.5 Million.

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

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

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

[ ] (i) Paragraph (d) applies.

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

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

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

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

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

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

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

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

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

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

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

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

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[X](i) 52.204-17, Ownership or Control of Offeror.

[X](ii) 52.204-20, Predecessor of Offeror.

[](iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

[](iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Certification.

[](v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Certification.

[](vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

[](vii) 52.227-6, Royalty Information.

[](A) Basic.

[](B) Alternate I.

[](viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of Provision)

3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019) The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications—Commercial Items.

(a) Definitions. As used in this provision— Covered telecommunications equipment or services, critical technology, and substantial or essential component have the meanings provided in clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing—

(1) A service that connects…