36C77624B0001_1.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.

36C77624B0001 X 09-20-2023 590-220 36C776 Department of Veterans Affairs Program Contracting Activity Central 6100 Oak Tree Boulevard, Suite 490 Independence

OH

44131 Department of Veterans Affairs Program Contract Activity Central 6100 Oak Tree Boulevard, Suite 490 Independence

OH

44131 Arianne De Los Reyes 216-447-8300 In accordance with 38 U.S.C. § 8127 (Public Law 109-461), this project is a competitive Service-Disabled Veteran-Owned Small Business (SDVOSB) Set-Aside.

The contractor shall provide all tools, equipment, materials, labor, supervision, personnel, and shall do all things necessary that will result in the completion of the Construct Rehab Medicine Facility minor construction project in accordance with the attached specifications and drawings.

Magnitude of Construction: between $10M and $20M

Project Location: Hampton VA Medical Center - 100 Emancipation Drive; Hampton, Virginia 23667.

The site visit will be held on October 04, 2023 at 11:00 am. All shall meet at the Engineering Projects Office;

located in a white building with a garage.

Note: it is recommended that anyone traveling in from out of the area stay in the cities of Hampton or Newport News, so as to avoid backups in the tunnel coming from Norfolk.

Statutory Cost Limitation: The current funding available for this minor construction procurement is $13,389,656.00.

The Government cannot guarantee additional funds will be made available for award (reference 38 U.S.C. 8104).

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

9:00 AM

EDT

11-01-2023 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

00076 Department of Veterans Affairs Program Contracting Activity Central 6100 Oak Tree Boulevard, Suite 490 Independence

OH

44131

VAFSC

Department of Veterans Affairs Financial Services Center Invoices to be Submitted Electronically https://www.fsc.va.gov/einvoice.asp e-Invoice Setup Info Phone 877-489-6135

877-353-9791 512-460-5429

Table of Contents

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Base Bid (General Construction): The contractor shall furnish all labor, materials, supervision, and perform all work necessary to complete the Rehab Medicine Facility construction project. All work shall be completed in accordance with the attached specifications and drawings.

DEDUCT A – Includes all work in CLIN 0001 but removes all labor and materials for all demolition and renovation work in building 110B.

Duration: 882 Calendar days.

DEDUCT B – Includes all work in CLIN 0001 but removes all labor and materials stated in Deduct A and further removes storefront glazing at vestibule exterior as indicated in associated alternate drawings this sheet. Also exclude doors, their respective access controls, and hardware, in said storefront systems. Provide sealed concrete flooring and provide 1 plane of exterior gypsum ceiling. Exclude dry pipe sprinkler system and mechanical equipment in vestibule. Use hardware set SH4 for door 101. See drawings for additional information and details required with acceptance of alternate. Exclude interior storefront systems I-1 and I-2 in therapy rooms. Provide typical metal stud and gypsum wall construction. Exclude recessed 'planter wall', cove lighting, and secondary wall behind. Provide typical S6A.Gi wall.

Duration: 865 Calendar days.

DEDUCT C – Includes all work in CLIN 0001 but removes all labor and materials stated in Deduct A and B and further removes accent band tile in restrooms. Provide typical wall tile in place. Remove all solid surface windowsills from project. Sills shall be painted gypsum board. In lieu of solid surface countertops, provide plastic laminate. Remove all television brackets and mounting from contractor's scope. These to be provided by VA.

Exclude all signage, toilet accessories, cubicle curtains and tracks, wall and door protection, and fire extinguishers and cabinets from contractor's scope. These to be provided by VA. Exclude all work in 10 14 00, 10 28 00, 10 21 23, 10 26 00, and 10 44 13.

Provide sealed concrete flooring in connecting corridor in lieu of specified finish in base bid.

Duration: 852 Calendar Days.

DEDUCT D – Includes all work in CLIN 0001 but removes all labor and materials stated in Deduct A, B, and C, and further removes: Exclude exterior brick accents. Remove spandrel portion of windows and replace with brick. Remove balcony railing. Exclude storefront system types E-5 and E-6 from connecting corridor. Provide (4) 4'-0" x 4'-0" hollow metal windows with ig1 glazing to be located along corridor. In lieu of storefront system E-7, provide 3'-0" x 7'-0" hollow metal door and frame with vision light.

Duration: 839 Calendar Days

DEDUCT E – Includes all work in CLIN 0001 but removes all labor and materials stated in Deduct A, B, C, and D, and further removes: Exclude parking from project scope.

Duration 831 Calendar Days.

DEDUCT F – Includes all work in CLIN 0001 but removes all labor and materials stated in Deduct A, B, C, D, and E, and further removes: Remove connecting corridor from project scope. Provide sidewalk connection.

Duration: 813 Calendar Days.

NOTICE

1. CLIN 0001 (Base Bid) contains all the work for this project.

2. Bidders must provide a lump sum price for CLIN 0001 (Base Bid). Failure to do so may render their bid as nonresponsive.

3. The intent is to award CLIN 0001. However, if the proposal price for CLIN 0001 is over the available budget for this project, then Deduct A through Deduct F will be applied. Each deduct deletes a portion of the work.

4. If no bids are within the Government’s budget for the base bid, deducts will be applied in descending order starting with Deduct A. If no bid is within budget after Deduct A has been applied, Deduct A will not be considered, the work from Deduct A will remain, and Deduct B will be applied. If no bid is within budget after Deduct B has been applied, Deduct B will not be considered, the work from Deduct A and Deduct B will remain, and Deduct C will be applied. This process will be repeated until a bid is within the Government’s budget and the apparent low bidder will be announced OR all deducts have been applied and no bids received are within the Government’s budget.

5. Pricing shall be submitted in whole dollar values. Please do not include pricing in cents.

6. Contractor is required to fill in Unique Entity Identifier in Block No. 14 on Standard Form (SF) 1442.

7. PLEASE NOTE: The Contractor agrees to attend any Post Award conference convened by the contracting activity or contract administration in accordance with Federal Acquisition Regulation subpart 42.5.

DEDUCT ALTERNATIVE ITEMS LIST

DEDUCT A – Includes all work in CLIN 0001 but removes all labor and materials for all demolition and renovation work in building 110B. Duration: 882 Calendar days. The bid is reflected as:

DEDUCT B – Includes all work in CLIN 0001 but removes all labor and materials stated in Deduct A and further removes storefront glazing at vestibule exterior as indicated in associated alternate drawings this sheet. Also exclude doors, their respective access controls, and hardware, in said storefront systems. Provide sealed concrete flooring and provide 1 plane of exterior gypsum ceiling. Exclude dry pipe sprinkler system and mechanical equipment in vestibule. Use hardware set SH4 for door 101. See drawings for additional information and details required with acceptance of alternate. Exclude interior storefront systems I-1 and I-2 in therapy rooms. Provide typical metal stud and gypsum wall construction. Exclude recessed 'planter wall', cove lighting, and secondary wall behind. Provide typical S6A.Gi wall. Duration: 865 Calendar days. The bid is reflected as:

DEDUCT C – Includes all work in CLIN 0001 but removes all labor and materials stated in Deduct A and B and further removes accent band tile in restrooms. Provide typical wall tile in place. Remove all solid surface windowsills from project. Sills shall be painted gypsum board. In lieu of solid surface countertops, provide plastic laminate. Remove all television brackets and mounting from contractor's scope. These to be provided by VA.

Exclude all signage, toilet accessories, cubicle curtains and tracks, wall and door protection, and fire extinguishers and cabinets from contractor's scope. These to be provided by VA. Exclude all work in 10 14 00, 10 28 00, 10 21 23, 10 26 00, and 10 44 13.

Provide sealed concrete flooring in connecting corridor in lieu of specified finish in base bid. Duration: 852 Calendar Days. Bid is reflected as:

DEDUCT D – Includes all work in CLIN 0001 but removes all labor and materials stated in Deduct A, B, and C, and further removes: Exclude exterior brick accents. Remove spandrel portion of windows and replace with brick. Remove balcony railing. Exclude storefront system types E-5 and E-6 from connecting corridor. Provide (4) 4'-0" x 4'-0" hollow metal windows with ig1 glazing to be located along corridor. In lieu of storefront system E-7, provide 3'-0" x 7'-0" hollow metal door and frame with vision light. Duration: 839 Calendar Days. The bid is reflected as:

DEDUCT E – Includes all work in CLIN 0001 but removes all labor and materials stated in Deduct A, B, C, and D, and further removes: Exclude parking from project scope. Duration 831 Calendar Days. The bid is reflected as:

DEDUCT F – Includes all work in CLIN 0001 but removes all labor and materials stated in Deduct A, B, C, D, and E, and further removes: Remove connecting corridor from project scope. Provide sidewalk connection. Duration: 813 Calendar Days. The bid is reflected as:

Page 1 of Page 1 of

36C77624B0001

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

Page 1 of

1.1 BID MATERIAL:

Bid materials consisting of drawings, specifications, and contract forms are included and/or attached as part of this Invitation for Bid (IFB). The VA will not provide printed copies of drawings or specifications. It is the responsibility of the offeror to obtain the bid materials in a time and manner sufficient to respond to this solicitation by the specified due date.

1.2 BID GUARANTEE:

A Bid Guarantee, Standard Form 24 (SF 24), is required in an amount not less than 20 percent of the bid price but shall not exceed $3,000,000. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for receipt of bids, may result in the rejection of the bid. Copies of the SF 24 may be obtained from http://www.gsa.gov/portal/forms/type/TOP.

1.3 PAYMENT & PERFORMANCE BONDS:

The offeror to whom award is made will be required to furnish two bonds. A Payment Bond shall be provided on Standard Form 25A (SF 25A) and a Performance Bond shall be provided on Standard Form 25 (SF 25). Both bonds shall be submitted in accordance with FAR 52.228-15 Performance and Payment Bonds - Construction, which can be located under FAR 52.252-2 Clauses Incorporated by Reference. Copies of SFs 25A and 25 may be obtained from http://www.gsa.gov/portal/forms/type/TOP.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 AVAILABILITY OF SOLICITATION DOCUMENTS:

All solicitation related documents will be published to Contract Opportunities https://sam.gov/.

2.2 INVITATION FOR BID:

This solicitation is being issued as an Invitation for Bid (IFB) in accordance with FAR Part 14.

2.3 SDVOSB SET-ASIDE:

This procurement is 100% set-aside for Service-Disabled Veteran-Owned Small Business concerns. Offers received from other than Service-Disabled Veteran-Owned Small Business concerns will not be considered. All Service-Disabled Veteran-Owned Small Businesses must be listed as certified by the Veteran Small Business Certification (VetCert) https://veterans.certify.sba.gov at TIME OF SUBMISSION OF BIDS AND TIME OF AWARD. Failure to be BOTH certified at the time of bid submission and time of award will result in the offeror’s bid being deemed unacceptable and ineligible for award.

2.4 TECHNICAL QUESTIONS:

Questions of a technical nature must be provided in writing and shall be submitted by the prospective offerors to Arianne De Los Reyes, Arianne.DeLosReyes@va.gov, and Jennifer Salerno-Diciuccio, Jennifer.Salerno-Diciuccio@va.gov.

Questions shall be submitted only via e-mail and the subject line must read: Hampton – Rehab Medicine Facility - Technical Questions. Oral questions of a technical nature are not acceptable due to the possibility of misunderstanding or misinterpretation. THE CUT-OFF DATE AND TIME FOR RECEIPT OF QUESTIONS IS 10/18/2023 at 12:00 PM ET.

2.5 AMENDMENTS:

Amendments to this solicitation will be posted at https://www.sam.gov/. Paper copies of the amendments will NOT be individually mailed. No other notification of amendments will be provided. Potential offerors are advised that they are responsible for obtaining and acknowledging any amendments to the solicitation. Failure to acknowledge an amendment may result in your bid being considered non-responsive.

2.6 PRE-BID SITE VISIT:

A formal site visit has been scheduled for this project. This will be the only opportunity for potential bidders to visit the site. See FAR Clause 52.236-27 of this solicitation for further information.

All potential bidders, subcontractors and suppliers are strongly encouraged to attend this site visit.

2.7 PREPARATION OF BIDS:

The Government will not pay for any costs incurred in preparation and submission of bids.

2.8 BID SUBMISSION:

A. GENERAL:

1. Offerors shall submit their bids via email to: Arianne.DeLosReyes@va.gov and Jennifer.Salerno-Diciuccio@va.gov. The file size limitation for emailed attachments is 20MB. Zip files are accepted.

1. Only electronic bids will be accepted. No original or hard copies will be accepted.

1. An in person bid opening will not be facilitated due to the current health concerns surrounding the coronavirus.

1. Failure to provide electronic bids prior to the date and time set for bid opening may deem the bid Non-Responsive. Late bids will be processed in accordance with FAR provision 52.214-7.

B. BID PACKAGE CONTENTS:

(a) Standard Form (SF) 1442 Solicitation, Offer and Award:

The Offeror shall complete & sign the “OFFER” section of the SF 1442. Please include your company UEI number in Block 14.

(b) Acknowledgement of All Amendments:

The offeror shall acknowledge all amendments by either 1.) Completing block 19 of the SF 1442, or 2.) Returning the signed amendment form(s) with the submission.

(c) Pricing Schedule:

The Offeror shall complete the Price Schedule located on page 6 of the solicitation. The Offeror shall submit separate pricing for all items listed.

(d) Bid Guarantee:

The Offeror shall furnish a bid guarantee (see FAR 52.228-1). The bid guarantee shall be provided on Standard Form 24.

(e) Representations & Certifications:

The offeror shall provide their Representations and Certifications or their response to FAR 52.204-8 (2) (i) or (ii) Annual Representations and Certifications.

(f) Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment:

Offeror shall provide their response to FAR 52.204-24 (d) Representation.

(g) Information Regarding Responsibility Matters:

Offeror shall provide their response to FAR 52.209-7 (b) Information Regarding Responsibility Matters.

(h) Violation of Arms Controls Treaties or Agreements:

Offeror shall provide their response to FAR 52.209-13 (b) (1) or (2) Violation of Arms Controls Treaties or Agreements.

(i) Post Award Small Business Program Representations:

Offeror shall provide their response to FAR 52.219-28 items (h)(1), (h)(6), and (h)(7).

(j) Limitations on Subcontracting:

In accordance with FAR 852.219-77, offeror shall complete ATTACHMENT 7 - VA Notice of Limitations on Subcontracting-Certificate of Compliance for Construction and return with their bid submission. Completed form will become part of the official award documentation.

(k) Experience Modification Rate:

The Offeror shall include the Safety of Environmental Violations and Experience Modification Rating (EMR) Information, including filling out ATTACHMENT 4 - Contractor Safety and Environmental Record Evaluation Form.

(1) Provide offeror’s information pertaining to their past Safety and Environmental record. The information must contain a certification that the offeror has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or any EPA violation(s) in the past three years. If such certification cannot be made, a Offeror shall explain why and submit as much information as possible regarding the circumstances of its past safety and environmental record, including the number of EPA violations and/or the number of serious, repeat, and/or willful OSHA violations, along with a detailed description of those violations.

(2) Provide offeror’s information regarding their current EMR. This information shall be obtained from the Offeror’s insurance carrier and be furnished on the insurance carrier’s letterhead. If a Offeror’s EMR is above 1.0, Offeror must submit a written explanation of the EMR from its insurance carrier furnished on the insurance carrier’s letterhead, describing the reasons for the elevated EMR and the anticipated date the EMR may be reduced to 1.0 or below.

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

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

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

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

(7) Failure to provide the above documentation, may result in a determination that an Offeror is non-responsive and therefore ineligible for award.

C. BID OPENING:

(a) Bids will be publicly read aloud. A conference line will be announced via an amendment to the solicitation approximately seven (7) calendar days prior to the receipt date for bids.

2.9 DETERMINATION OF NON-RESPONSIVE:

Bids received pertaining to this solicitation will be reviewed for responsiveness. Failure to provide documentation as outlined in the Bid Submission section of the solicitation, prior to the date and time set for bid opening may deem the bid Non-Responsive. Late bids will be processed in accordance with FAR provision 52.214-7.

2.10 DETERMINATION OF RESPONSIBILITY:

A Determination of Responsibility will be conducted for the apparent “low bidder/awardee” prior to award of the project. The above information, along with other information obtained from Government systems, such as, but not limited to the OSHA and EPA online inspection history databases, as well as any other information the Contracting Officer has determined to be valid, will be used to make the Determination of Responsibility. NOTE: Any information received by the Government that would cause for a negative Determination of Responsibility may make the Offeror ineligible for award.

2.11 VETS 4214:

Title 38, USC Section 4212(d), codified at 41 CFR Section 61-300, requires that federal contractors report, at least annually, the number and category of veterans who are within their workforce. Submission of the VETS-4212 reporting information can be done electronically at: http://www.dol.gov/vets/vets4212.htm. Award cannot be made unless the awardee has filed their VETS-4212 report. Therefore, all offerors are encouraged to file every year. The Contracting Officer may request a copy of the email confirmation of receipt notification, prior to awarding the project.

2.12 SYSTEM FOR AWARD MANAGEMENT (SAM):

Federal Acquisition Regulations require that federal contractors register in the System for Award Management (SAM) database at http://www.sam.gov and enter all mandatory information into the system. Offerors are required to be registered in SAM at the time an offer is submitted in order to comply with the annual representations and certifications requirements (see FAR 52.204-7).

2.13 CONTRACT AWARD:

Award may only be made to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the government, considering only price (see FAR 52.214-19). The low price will be evaluated by the Contracting Officer prior to award to confirm that it is “a fair and reasonable price that is most advantageous to the Government. The low bidder for purposes of award shall be the conforming responsible bidder offering the lowest aggregate amount for the first or base bid item, minus those deductive bid items providing the most features of the work within the funds determined by the Government to be available before bids are opened.

2.14 REVIEW REQUIRED REGISTRATION WITH CONTRACTOR

PERFORMANCE ASSESSMENT SYSTEM (CPARS):

As prescribed in Federal Acquisition Regulation (FAR) Part 42.1502(e), the Department of Veterans Affairs (VA) evaluates contractor past performance on all construction contracts that exceed $750,000 and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that the contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement VA uses an online database, CPARS, which is maintained by the Naval Seal Logistics Center in Portsmouth, Virginia. CPARS is available to all Federal agencies and is the system used to collect and retrieve performance assessment reports used in source selection determinations. CPARS also includes access to the federal awardee performance and integrity information system (FAPIIS). FAPIIS is a web-enabled application accessed via CPARS for contractor responsibility determination information.

Each contractor whose contract award is estimated to exceed $750,000 is required to register with CPARS database at the following web address: http://www.cpars.gov/. Help in registering can be obtained by contacting Customer Support Desk @ DSN: 684-1690 or COMM: 207- 438-1690. Registration should occur no later than thirty days after contract award and must be kept current should there be any change to the contractor’s registered representative.

For contracts with a period of one year or less, the contracting officer will perform a single evaluation when the contract is complete. For contracts exceeding one year, the contracting officer will evaluate the contractor’s performance annually. Interim reports will be filed each year until the last year of the contract, when the final report will be completed. The report shall be assigned in CPARS to the contractor’s designated representative for comment. The contractor representative will have thirty days to submit any comments and re-assign the report to the VA contracting officer.

Failure to have a current registration in the CPARS database, or to re-assign the report to the VA contracting officer within those thirty days, will result in the Government’s evaluation being placed on file in the database with a statement that the contractor failed to respond.

2.15 BACKGROUND INVESTIGATIONS AND SPECIAL AGREEMENT CHECKS:

All contractor employees are subject to the same level of investigation as VA employees who have access to VA Sensitive Information. The level of background investigation is commensurate with the level of access needed to perform all work as identified in the solicitation documents. This requirement is applicable to all subcontractor personnel requiring the same access. As per VA Directive 0710, costs of background investigations will be borne by the contractor. Please be advised that the awardee will need to coordinate with the VA Medical Center concerning badging requirements.

2.16 REFERENCES TO VA ENGINEER, RESIDENT ENGINEER OR PROJECT MANAGER:

Any reference contained within the solicitation/contract specifications and/or drawings to the “VA Engineer,” “Resident Engineer,” or “Project Manager” or their abbreviations shall be replaced with “Contracting Officer’s Representative (COR).”

2.17 52.211-1 AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS, FPMR PART 101-29 (AUG 1998)

(a) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to— GSA Federal Supply Service Specifications Section, Suite 8100 470 East L'Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

(b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision. Additional copies will be issued for a fee.

(End of Provision)

2.18 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)

2.19 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)

2.20 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)

2.21 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)

2.22 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:

Jennifer Salerno-Diciuccio Contracting Officer Hand-Carried Address:

6100 Oak Tree Boulevard Suite 490 Independence, OH 44131

Mailing Address:

6100 Oak Tree Boulevard Suite 490 Independence, OH 44131

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

2.23 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— October 4, 2023; 11:00 am Eastern

(c) Participants will meet at— Engineering Projects Office; see Hampton - Site Map (End of Provision)

2.24 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) Prime contractors are encouraged to assist service-disabled veteran-owned and veteran-owned small business potential subcontractors in obtaining bonding, when required. Mentor firms are encouraged to assist protégé firms under VA's Mentor-Protégé Program in obtaining acceptable bid, payment, and performance bonds, when required, as a prime contractor under a solicitation or contract and in obtaining any required bonds under subcontracts.

(End of Clause)

2.25 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:

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

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

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

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

(i) Is otherwise eligible for award; and

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

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

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

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

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

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

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

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

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

2.27 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)

2.28 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY NOTICE (FEB 2023)

(a) Any offeror responding to this solicitation must comply with established VA Information and Communication Technology (ICT) (formerly Electronic and Information (EIT)) accessibility standards. Information about Section 508 is available at http://www.section508.va.gov/.

(b) The Section 508 accessibility standards applicable to this solicitation are stated in the clause at 852.239–75, Information and Communication Technology Accessibility. In order to facilitate the Government’s determination whether proposed ICT supplies meet applicable Section 508 accessibility standards, offerors must submit appropriate VA Section 508 Checklists, in accordance with the checklist completion instructions. The purpose of the checklists is to assist VA acquisition and program officials in determining whether proposed ICT supplies, or information, documentation and services conform to applicable Section 508 accessibility standards.