36C26321R0102_4.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.

36C26321R0102

X 06-25-2021

636-21-4-5998-0001 636-21-4-5998-0006 636-18-303 36C263 Dan Kinney Department of Veterans Affairs Network 23 Contracting Office (NCO 23) 111 South 18th Plaza, Suite C38 Omaha NE 68102-2077 Attn: Gregg Sutcliffe Department of Veterans Affairs Network 23 Contracting Office (NCO 23) 111 South 18th Plaza, Suite C38 Omaha NE 68102-2077 Daniel Kinney 402-996-3537 PN: 636-18-303, Construct Air Handling Tower (OM) POC: Daniel Kinney, Email: Daniel.Kinney@va.gov

Contractor shall provide all supervision, tools, labor, materials, equipment, and transportation necessary to complete general construction, alterations, mechanical, and electrical work as necessary to construct an air handling tower to house future air handlers at the Omaha VA Medical Center. This project includes bid alternates as specified in the price schedule. This project is not eligible for Nebraska tax exemptions.

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 supply items, equipment, document preparation, material submittals, completing punch list items, and final clean up.

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) concerns. 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 by two (2) or more SDVOSB contractors under this solicitation. In accordance with VAAR 819.7003(b), at the time of submission of offers and prior to award of any contract or task order, the offeror 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.

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 $10,000,000.00 and $20,000,000.00.

There is an Organized Site Visit for this project. See FAR 52.236-27, Site Visit, in solicitation for specific details.

Please submit all RFI's/Questions via e-mail to Daniel.Kinney@va.gov prior to 4:00 PM CT on July 22, 2021.

X x

52.211-10 X

10:00am

CDT

08-05-2021 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

636-3610162-5998-854200-3220 23NR0WA06

Obligation Number:

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

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

Gregg R. Sutcliffe

VA-VHA-2019-BB2D4962

Table of Contents

INSTRUCTIONS TO OFFERORS

1. COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

These instructions prescribe the format of proposals and the development of the proposal data. For a proposal to be considered, Offerors must strictly comply with all instructions outlined in this solicitation. Failure to furnish proposals that comply with the instructions, at the predetermined due date for submission, may result in elimination from consideration for award. Furthermore, all solicitation amendments (if any) must be acknowledged in accordance with FAR Clause 52.215-1, Instructions to Offerors.

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 https://SAM.Gov website at https://sam.gov under the solicitation number.

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. PROPOSAL SUBMISSION

Proposals must be submitted electronically via email and received no later than the time specified on the Standard Form (SF) 1442, Page 1, Item 13A. Official time will be established using the Naval Observatory Time Clock. See FAR 52.215-1 for rules concerning late proposals.

Electronic Correspondence that contains Proposal and Solicitation information shall be labeled in the Subject Line:

“Proposals for Solicitation Number: 36C26321R0102, FOR OFFICIAL USE ONLY”

5. GENERAL INFORMATION

The Offeror shall submit Volumes I and II in electronic format via email to Daniel.Kinney@va.gov with a copy to Gregg.Sutcliffe@va.gov. No hard copies of proposal information, except bid bonds, will be accepted. No fax submissions will be accepted. Include page numbers and company name in the header and/or footer of each page.

Volumes I and II will be evaluated independently. The offeror shall not include price information in Volume I. Offeror shall submit Volumes I and Volume II in two (2) separate .pdf documents. Both Volumes I and II must include the Offeror's company name, DUNS, business address and VA Solicitation Number.

A page is defined as each face of an 8.5 X 11-inch sheet of paper containing information. All information (except for document numbers, page numbers, etc.) shall be provided in an image area of 7 X 9 inches. Excess pages will not be evaluated. Smaller font size for graphics presented in a proposal is permitted if the information is legible to the human eye. Fonts other than Arial are permissible in the presentation of graphic material only.

All commitments made in the proposal may become a part of the resultant contract. The data submitted with each proposal should be complete and concise. Excessive reliance on promotional brochures is discouraged.

Each volume and section should stand alone and not be crossed referenced with other volumes and/or sections.

Each volume will contain a “Table of Contents” for that volume. The “Table of Contents” will identify major areas, paragraphs and subparagraphs by number and title as well as by page number and volume locations. Tab indexing may be used to identify Sections as appropriate. Table of Contents and Tab indexes do not count toward page limitation.

Offerors may, at the discretion of the Government, be asked to provide information for clarification purposes regarding their proposals. Requests for such clarification information do not constitute discussions.

6. PROPOSAL CONTENT

Volume Number

I

PDF document submitted via email. Each document must be less than 8 MB and able to be viewed by receiving official.

II

PDF document submitted via email. Each Document must be less than 8 MB and able to be viewed by receiving official.

Volume I – Technical Proposal shall not exceed a total of 30 (thirty) pages in Microsoft Arial size 12 font and must include the below:

a. Title page

b. Table of contents, required, and Tab indexing, if appropriate; Shall not be counted in the page limit

c. Offeror's company name, DUNS, business address and VA Solicitation Number

d. .Pdf file type that is less than 8 MB

e. Information for Factor 1 - Relevant Experience of the Prime Contractor and Factor 2 – Project Schedule.

f. Name and phone number of customers for projects given for relevant experience for this factor, short description of the project, award amount, and state what work fulfilled the relevant experience areas

g. Technical Proposals shall not include price or pricing information

Volume II – General Offer shall be submitted in Arial size 12 font with no page limit. Use graphic presentations where such use will contribute to the compactness and clarity of the proposal.

1. Title page

2. Table of contents, required, and Tab indexing, if appropriate; Shall not be counted in the page limit

3. Offeror's company name, DUNS, business address and VA Solicitation Number

4. .Pdf file type that is less than 8 MB

5. Complete Standard Form 1442, blocks 14, 15, 16, 17, 19 (if applicable) 20A, 20B and 20C, and fill in the blanks in the Schedule. Incomplete proposals will be considered non-responsive.

6. Completed Price Schedule, including all deductive alternatives, and the duration of performance

7. Price Break Down Schedule by division for all LINs

8. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish all items upon which prices are offered at the price set opposite each item

9. Acknowledgement of all amendments by completing section 19 of the SF 1442 and returning a signed copy of the amendment(s); Acknowledgements of amendments shall not count against the page limit

10. Any Joint Venture documentation, if applicable, which shall not be counted in the page limit

11. Copy of Bid Bond and Surety contact information; The offeror shall submit a bid guarantee in IAW FAR 52.228-1, Standard Form 24 – Bid Bond, that is 20% of the proposal amount not to exceed 3 million dollars.

12. Completed Contractor Safety and Environmental Record Evaluation Form (Attachment) (Considered in responsibility determination)

13. Experience Modification Rate (EMR) letter on Offeror’s insurance carrier letterhead (Considered in responsibility determination)

14. Any supplemental information on Safety and Environmental issues, if applicable (Considered in responsibility determination)

7. PROPOSAL EVALUATION CRITERIA

This procurement will use a Request for Proposal (RFP) with the Lowest Price Technically Acceptable (LPTA) evaluation procedures to determine the “Best Value” for the Government using FAR Part 15.101 and 15.101-2.

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:

Technical Evaluation Factors:

Factor 1 - Relevant Experience of the Prime Contractor. This factor considers the extent of the Offeror’s recent and relevant experience on projects of similar scope and magnitude.

To be considered Technically Acceptable for this factor, the Offeror must submit a minimum of three (3) recent and relevant projects similar in nature to the solicitation project in scope and magnitude as defined below.

Recent – Prime Contractor on projects that are in progress (at least 50% complete) or completed within 5 years of the proposal due date.

Relevant – Prime Contractor on projects similar in nature to the solicitation project in scope and magnitude. For this requirement, similar project scope is defined as projects that involve high-rise/multi-story construction work on a hospital or medical facility. Similar in magnitude is defined as construction projects totaling $5,000,000.00 or greater.

For each of the projects submitted for recent and relevant experience, the Offeror must submit contact information for the customer including name and phone number, short description of the project, award amount, and state what work fulfilled the relevant experience requirement. The customer contact information will only be used to confirm the accuracy of submission.

If the Offeror is a Joint Venture (JV), relevant experience shall be submitted for projects completed by the Joint Venture entity. If the Joint Venture does not have the required shared experience, projects may be submitted for projects completed by one of the Joint Venture partners.

Factor 2 - Project Schedule. This factor considers the proposed schedule with starting and completion times of 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 specifications and drawings.

To be considered Technically Acceptable for this factor, the Offeror must submit a project schedule utilizing the critical path method that meets the 510 calendar-day period of performance and includes the five major work elements as defined below. Offeror to assume a Notice to Proceed date of October 18, 2021 for submission purposes.

The five major work elements to be considered in the Project Schedule:

· Phasing of window infill

· Site precreation and foundation work

· Submittals

· Identification of any known long lead time materials

· Work by Division (e.g. plumbing, HVAC, Electrical) Each offeror’s proposal with be evaluated using the evaluation factors as listed in this solicitation to determine whether the proposal is technically acceptable or unacceptable.

PRICE EVALUATION:

The offeror shall submit the completed Price Schedule that has pricing for all items, including alternate deductive items, and a project duration. A Price Schedule Break Down Sheet must also be included for each of the line items included in the solicitation for informational purposes only. All line items, including the alternate deductive line items, as well as the proposed contract duration, must be completed.

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 Cost Estimate (IGCE), with any other pricing tools deemed necessary.

Award will be made to the lowest price offeror that is determined reasonable among those determined to be technically acceptable for LIN 0001, all work associated with the project, if the price does not exceed available funds.

If the price for LIN 0001 exceeds available funding, award will be made to the lowest price offeror among those determined to be technically acceptable for LIN 0002, all work associated with the project, minus all work associated with the 7th Floor.

If the price for LIN 0002 exceeds available funding, award will be made to the lowest price offeror among those determined to be technically acceptable for LIN 0003, all work associated with the project, minus all work associated with the 7th Floor, minus all work associated with the 6th Floor.

If the price for LIN 0003 exceeds available funding, award will be made to the lowest price offeror among those determined to be technically acceptable for LIN 0004, all work associated with the project, minus all work associated with the 7th Floor, minus all work associated with the 6th Floor, minus all work associated with the 5th Floor.

An award cannot be made if the lowest priced, technically acceptable offeror’s proposal exceeds available funding or cost limitations, if applicable.

8. RESPONSIBILITY DETERMINATION

Prime Contractor Past Performance and EMR/Safety Ratings will be considered by the Contracting Officer while completing the Determination of Contractor’s Responsibility. Offerors are requested to provide the Past Performance Questionnaire (attachment) to all contacts for relevant projects as submitted for factor 1. In the case of an offeror without a record of recent/relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror will not be evaluated favorably or unfavorably on past performance.

The Government also reserves the right to obtain additional information solely for the purpose of making a responsibility determination after receipt of proposals. Requests for responsibility information do not constitute discussions.

9. BASIS FOR AWARD

This is a competitive procurement using the best value lowest price technically acceptable source selection process. For this procurement, the Government intends to award one contract to the responsive, responsible contractor that has complied with the solicitation requirements and was found to be technically acceptable for all technical evaluation factors that has also submitted the lowest price offer found to be reasonable and within the Government’s funding limitations.

The Government intends to award this requirement without discussions. However, the Government reserves the right to conduct discussions. If discussions are determined to be necessary, they shall be conducted in accordance with FAR 15.306.

Page 1 of Page 1 of Statement of Work 636-18-303 Construct Air Handling Tower

1. PROJECT SCOPE:

Detailed Project Description: The purpose of this project is to construct a 7-story addition to building 1 to serve the VA Nebraska-Western Iowa Health Care System – Omaha Campus. The tower will house 14 identical air handlers (2 per floor) that will be installed on separate projects. The core and shell designed addition is located to the south and east of existing elevator 7/8 shaft and abuts existing building, covering the windows east of the elevators and the west facing windows on the southeast wing of the building. Removal of an existing one-story education conference room is required.

The contractor shall Provide all labor, materials, tools, equipment, and construction services necessary to complete the construction of the project described herein. Work includes site work (excavation, fill, and grading) general construction, electrical and other trades as required to provide a complete and finished product.

LOCATION OF PROJECT: 4101 Woolworth Avenue, Omaha, NE 68105. See plans for details.

SIZE SQ FT OF NEW RENOVATION:

Levels B, 1, 2 are 4,812 SF each Levels 3-7 are 3,094 SF Total area is 26,812 SF PERIOD OF PERFORMANCE: 510 calendar days from Notice to Proceed Contractor shall remove all debris from VA property, and provide waste reports to Contracting Officer Representative (COR).

Prime Contractor Superintendent must be on site while work is being performed and must be OSHA-30 certified.

Prior to work commencing, Contractor must check-in with COR, in room B618.

Dust created during construction must be contained and prevented from leaving the work area or entering any adjacent AHU supply vents.

Contractor must maintain a clean working site.

All work must be contained within the approved construction limits.

Contractor shall follow all Security protocols.

Contractor shall notify COR at least 1 week prior to any significant construction activity.

The C&A requirements do not apply, and a Security Accreditation Package is not required.

2. PRICE/BID SCHEDULE:

2.1 Base Bid shall include all work as described in this SOW, plans, and specifications.

2.2. Bid Summary shall include a breakdown of each item to be used in construction.

LIN 0001 Base Bid: Shall include all work as described in this SOW, plans, and specifications. Bid Summary shall include a breakdown of each item to be used in construction. Period of Performance is 510 calendar days.

LIN 0002 Bid Deduct 1: 7th Floor; The contractor shall provide all services necessary to adequately support the construction of the air handling tower up through 6th floor. Period of Performance reduces to 473 calendar days.

LIN 0003 Bid Deduct 2: 6th Floor; The contractor shall provide all services necessary to adequately support the construction of the air handling tower up through 5th floor. Period of Performance reduces to 436 calendar days.

LIN 0004 Bid Deduct 3: 5th Floor; The contractor shall provide all services necessary to adequately support the construction of the air handling tower up through 4th floor. Period of Performance reduces to 399 calendar days.

Bid Shall include deduct items as specified in the contract documents and include a Price Breakdown Schedule.

3. REQUIRED SERVICES

Submittals: The following shall be submitted by the Contractor to the Contracting Officer’s Representative for review during contract performance:

1) Cost loaded Critical Path Method construction schedule 4 weeks prior to work commencing.

2) Crane lift and safety plan as required to be submitted 3 days in advance

3) Safety Plan, 2 weeks prior to work commencing.

4) Security Plan 2 weeks prior to work commencing.

5) Material and Debris management plan, 2 weeks prior to work commencing

6) Key personnel Contact information for the contractor and subcontractors, 2 weeks prior to coming.

7) Written summary of all tests, inspections, and results conducted by the general or subcontractors.

8) Waste Report for all material removed from the site.

PERMITS: Contractor is responsible for all necessary permits at no additional cost to the government.

TESTING, INSPECTION, AND APPROVAL: Contractor is responsible for all necessary testing, inspections and approvals required by local enforcing authorities and in accordance with Construction Specification Institute's master specifications to produce a warranted product without additional cost to the government.

UTILITY LOCATING: All site utility locating services shall be provided by the Contractor at no additional cost to the government. This shall include both public and private utilities.

CONSTRUCTION PERFORMANCE STANDARD: Contractor is solely responsible for construction quality that will result in a final product meeting the following conditions:

1) Standard one- year contractor’s warranty as administered by contract.

2) Additionally, no visible surface defects during this period.

4. NARA RECORDS MANAGEMENT LANGUAGE:

1) Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2) In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3) In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4) VA Nebraska-Western Iowa Health Care System and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of [VA Nebraska-Western Iowa Health Care System] or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701.

5) In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to [VA Nebraska-Western Iowa Health Care System]. The agency must report promptly to NARA in accordance with 36 CFR 1230.

6) The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to [VA Nebraska-Western Iowa Health Care System] control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

7) The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and [VA Nebraska-Western Iowa Health Care System] guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

8) The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with [VA Nebraska-Western Iowa Health Care System] policy.

9) The Contractor shall not create or maintain any records containing any non-public [VA Nebraska-Western Iowa Health Care System] information that are not specifically tied to or authorized by the contract.

10) The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

11) The [VA Nebraska-Western Iowa Health Care System] owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which [VA Nebraska-Western Iowa Health Care System] shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

12) Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

13) Flow down of requirements to Subcontractors;

a. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

b. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

5. REFERENCES:

1) General Requirements

2) Construction Documents – Drawings and Specifications

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Lump sum for all work associated with "Construct Air Handling Tower" for work at the Omaha VA Medical Center. All work associated with this project to include general construction, alterations, necessary removal of existing structures, and construction as listed in the project specifications, drawings, statement of work, and attachments.

Period of Performance: 510 calendar days

Alternate Deductive 1: 7th Floor Work Removal - The contractor shall provide all work as detailed in LIN 0001 minus all work associated with the 7th Floor.

Period of Performance:473 calendar days

Alternate Deductive 2: 6th Floor Work Removal - The contractor shall provide all work as detailed in LIN 0001 minus all work associated with the 7th Floor, minus all work associated with the 6th Floor.

Period of Performance: 436 calendar days

Alternate Deductive 3: 5th Floor Work Removal - The contractor shall provide all work as detailed in LIN 0001 minus all work associated with the 7th Floor, minus all work associated with the 6th Floor, minus all work associated with the 5th Floor.

Period of Performance: 399 calendar days

PRICE SCHEDULE BREAKDOWN SHEET

Contractor:

RFP #:

LIN: ____

Misc.

Divisions Subtotal

Profit and OH

Total

*Complete and submit a Price Schedule Breakdown Sheet for each LIN on the Price Schedule Sheet for a total of four (4) Price Schedule Breakdowns Sheets.*

Period of Performance:_________________ calendar days

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 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)

2.2 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)

2.3 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 Douglas County, Nebraska

(End of Provision)

2.4 FAR 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)

2.5 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)

2.6 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:

Gregg Sutcliffe 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) Attention: Gregg Sutcliffe 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)

2.7 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— July 9, 2021 at 10:00 am (CT)

(c) Participants will meet at— Education Conf Room, 4101 Woolworth Avenue, Omaha NE 68102 (End of Provision)

2.8 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)

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:

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

(a) Any…