36C26321R0155.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.

36C26321R0155 X 08-27-2021 636-22-1-5970-0007 636-19-301 Department of Veterans Affairs Network Contracting Office 23 (NCO23) Contracting Officer 3600 30th Street Des Moines

IA

50310 Department of Veterans Affairs Network Contracting Office 23 (NCO23) 3600 30th Street Des Moines

IA

50310 Angie Mabley 515-699-5886 Project Number: 636-19-301 Correct Mechanical Deficiencies POC: Angie Mabley; angelique.mabley@va.gov; 515-699-5886

Contractor shall provide all tools, materials, equipment, labor, and supervision necessary in accordance with the construction documents for completion of the project. The purpose of this project is to install three (3) boilers inside Building 2 that services the Omaha VA Medical Center. During the duration of construction, steam production must remain available with a n+1 redundancy. The project will include demolition of existing boilers.

It is intended that an award will be made on the base bid item; however, should offers exceeed the funds available, an award will be made on alternate line items. Offerors must provide a price for each line item.

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 a contract, 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.

The applicable NAICS Code for this acquisition is 238220 with a $16.5 Million small business size standard. The magnitude of construction cost range is between $5,000,000.00 and $10,000,000.00.

There is only one organized site visit planned as identified in FAR 52.236-27(ALT I). See referenced clause for specific details. Interested parties are strongly encouraged to attend the site visit.

See Contracting Officer's Special Instructions to Offerors for more information regarding solicitation inquiries, request for information, clarifications, or questions.

All proposal submissions shall be submitted in electronic format via email to angelique.mabley@va.gov. See RFP Proposal Preparation Instructions for further information.

ten (10) X X 52.211-10 X ten (10) zero (0)

2:00 PM

CST

09-29-2021 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 Price Schedule Sheet on pages 6 and 7.

**Offerors must provide a price for each Line Item Number** **Offerors must provide a Price Breakdown Sheet for each Line Item Number (see page 8)**

636-36X0162-5970-854200-3220 23NR9WC05

Department of Veterans Affairs Network Contracting Office 23 (NCO23) 3600 30th Street Des Moines

IA

50310 Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin

TX

78714-9971 X one Angie Mabley

VA-VHA-2020-277A3B9E

Table of Contents

PRICE SCHEDULE OF LINE ITEMS

AMOUNT

BASE BID, GENERAL CONSTRUCTION: Boiler Replacement and temporary boiler siting and connection to existing steam system. Work includes general construction, alterations, roads, grading, drainage, including the creation of roof penetrations related to boiler replacement work and installation of economizer equipment, removal, and replacement of curtain wall to create access related to demolition materials and new boiler installation. Work may include necessary removal of existing structures including temporary shoring of existing members as deemed necessary to create temporary access for large steam generating equipment removal and subsequent new steam generating replacement equipment for installation in the existing building, and construction and certain other items as needed for the project. Period of Performance is 425 calendar days.

DEDUCT ALTERNATE LINE ITEM NO. 1: BASE BID except shall ELIMINATE roof top parapet mounted galvanized steel guardrail system. Period of Performance is 420 calendar days.

DEDUCT ALTERNATE LINE ITEM NO. 2: Shall include BASE BID except shall ELIMINATE roof top parapet mounted galvanized steel guardrail system and stack economizer sections and associated support structure and feedwater piping on each of the 3 boilers shown. Period of Performance is 400 calendar days.

DEDUCT ALTERNATE LINE ITEM NO. 3: Shall include BASE BID except shall ELIMINATE roof top parapet mounted galvanized steel guardrail system, stack economizer sections and associated support structure and feedwater piping on each of the 3 boilers shown, and new light fixtures, keeping existing light fixtures and relocate positions for proper lighting levels. See lighting plan for specific light fixtures to delete. Period of Performance is 390 calendar days.

DEDUCT ALTERNATE LINE ITEM NO. 4: Shall include BASE BID except ELIMINATE roof top parapet mounted galvanized steel guardrail system, stack economizer sections and associated support structure and feedwater piping on each of the 3 boilers shown, and new light fixtures, keeping existing light fixtures and relocate positions for proper lighting levels, and the following work to include disconnecting an existing 5-inch NPS Sch 40 pipe in Bldg. 1 Tunnel entrance and connecting the tunnel side to the existing 4-inch NPS pumped condensate return line at the tunnel entrance. Similarly, on the Bldg. 2 end connecting the existing 5-inch abandoned glycol line repurposed for use as a pumped condensate return service to existing storage condensate storage tank. New expansion pipe loops nominally 3-6” by 6’-0” cut into a removed section of pipe of the abandoned existing 5- inch glycol line at two expansion loop locations (Loop #1 and #2). Entire length of the existing repurposed glycol line is to have new pipe insulation with aluminum jacket. Period of Performance is 375 calendar days.

PRICE SCHEDULE BREAKDOWN

Page 1 of

Price Schedule Breakdown

Price Schedule Breakdown

Contractor:

RFP Number:

Misc

Divisions Subtotal

Overhead

Profit

Total

*Complete and submit a Price Schedule Breakdown Sheet for each LIN on the Price Schedule Sheet for a total of five (5) Price Schedule Breakdowns Sheets.*

CONTRACTING OFFICER’S SPECIAL INSTRUCTIONS TO OFFERORS

1. 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 CONTRACTING OFFICER 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 angelique.mabley@va.gov no later than September 16, 2021 at 2:00 PM (CST). No late questions will be accepted or answered after this deadline. Telephone inquiries will not be accepted.

All questions will be answered and/or responded to via an amendment after the closing date.

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

3. CONTRACTOR'S SIGNATURE:

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

(a) Individuals. Signed by the individual.

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

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

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

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

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

RFP PROPOSAL PREPARATION INSTRUCTIONS

Page 1 of Page 1 of

1. GENERAL INSTRUCTIONS

These instructions prescribe the format of proposals and the development and presentation of the proposal data. These instructions are designed to ensure the proper submission of information necessary to provide for comprehensive evaluation of proposals. Offerors shall carefully review this section prior to commencing proposal preparation and take the necessary measures to ensure that the information submitted is factual, accurate, and complete.

In order 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.

The Offeror shall be held responsible for the validity of all information supplied in his/her proposal, including information provided by potential subcontractors. Should subsequent investigation disclose that the fact and conditions were not as stated, the proposal may be rejected and receive no further consideration.

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 INSTRUCTIONS

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:

“Proposal for Solicitation Number: 36C26321R0102, FOR OFFICIAL USE ONLY” The Offeror shall submit Volumes I and II in electronic format via email to angelique.mabley@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.

5. PROPOSAL FORMAT

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 point of contact information including name, phone, and 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. **Schedule may be shown on a larger sheet if using a bar chart 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

3. Offeror's company name, DUNS, business point of contact information including name, phone, and 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. Separate Price Break Down Schedules 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) or an acceptable method of amendment acknowledgement

10. Any Joint Venture documentation, if applicable

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. See attached document: Safety or Environmental Violations and Experience Modification Rating Information (2 pages) for further direction. (Considered in responsibility determination)

13. Experience Modification Rate (EMR) letter on Offeror’s insurance carrier letterhead. See attached document: Safety or Environmental Violations and Experience Modification Rating Information (2 pages) for further direction. (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 using FAR Part 15.101 and 15.101-2.

In no case shall statements such as “we comply with the requirements of the contract” or its equivalent be acceptable to meet the requirements of this request for proposal. A proposal that merely reiterates or promises to accomplish the requirements of the RFP will be considered unacceptable.

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, magnitude, and complexity.

To be considered Technically Acceptable for this factor, the Offeror must submit a minimum of three (3) recent and no more than five (5) relevant projects similar in nature to the solicitation project in scope and magnitude as defined below. Only recent and relevant projects will be evaluated.

Recent – Prime Contractor on projects that are in progress (at least 90% 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 boiler replacement/heavy mechanical work on a hospital or medical facility. Similar in magnitude is defined as construction projects totaling $5,000,000.00 or greater.

Only projects for which the Offeror was the Prime Contractor should be submitted. The Offeror must clearly identify for which, if any, of the relevant experience areas each project example pertains.

For each of the projects submitted for Relevant Experience of the Prime, the Offeror must submit contact information for the customer including name and phone number, provide a 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 should 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 or both 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 Base Bid’s 425 calendar-day period of performance, including the five major work elements as defined below, and schedule is to be cognizant of winter conditions and unchanged hospital demand for heat. Offeror to assume a Notice to Proceed date of December 1, 2021 for submission purposes.

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

· Submittals

· Site precreation (temporary boiler setup and commissioning)

· Identification of any known long lead time materials

· Work by Division (e.g. plumbing, HVAC, Electrical)

· New boiler commissioning 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.

8. 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.

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.

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.

If the price for LIN 0004 exceeds available funding, award will be made to the lowest price offeror among those determined to be technically acceptable for LIN 0005.

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

9. 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.

10. BASIS FOR AWARD

This is a competitive procurement using the 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 shall evaluate the lowest offeror first and if found technically acceptable will not evaluate other proposals.

The Contracting Officer will conduct proposal compliance review for determination of basic proposal adequacy prior to providing the proposals to the board. Non-compliance with the RFP requirements may be grounds to eliminate the proposal from consideration for contract award.

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.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of Provision)

2.2 52.222-5 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 Omaha Douglas County Nebraska (End of Provision)

2.4 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 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 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:

Angie Mabley

Hand-Carried Address:

Department of Veterans Affairs Network Contracting Office 23 (NCO23)

3600 30th St Des Moines IA 50310 Mailing Address:

Department of Veterans Affairs Network Contracting Office 23 (NCO23) Attn: Angie Mabley 3600 30th St Des Moines IA 50310

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

2.7 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— September 2, 2021 at 10 am (CST)

(c) Participants will meet at— VA NWIHCS, Engineering Dept, Room B618 (End of Provision)

2.8 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)

2.9 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

(a) As an alternative to filing a protest with the Contracting Officer, an interested party may file a protest by mail or electronically with: Executive Director, Office of Acquisition and Logistics, Risk Management and Compliance Service (003A2C), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420 or Email: EDProtests@va.gov.

(b) The protest will not be considered if the interested party has a protest on the same or similar issue(s) pending with the Contracting Officer.

(End of Provision) PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:

Or for solicitations issued by the Office of Construction and Facilities Management:

2.10 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Provision)

REPRESENTATIONS AND CERTIFICATIONS

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

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

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

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

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

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

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

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

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

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

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

(1) Company legal business name.

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

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

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

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

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

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration…