Solicitation - 36C77624R0028 - Construct Eye Clinic - Columbia SC 8.19.24.pdf

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Y1DZ--VHA MINOR CONSTRUCTION Solicitation CANCELLED Project 544-329 Construct Eye Clinic Center Minor Construction Columbia, SC VAMC
Solicitation number
36C77624R0028
Issued by

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This document is a solicitation for a Request for Proposal (RFP) to construct a new 15,000 gross square foot optometric facility at the William Jennings Bryan Dorn VA Medical Center in Columbia, SC. The scope of work includes new construction, HVAC, utility work, interior finishes, utility coordination, site work, underground storm water detention, asbestos and lead survey and abatement, and communication utility work inside an active hospital. This is a 100% set-aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSB) and the current budget available is $18,293,999. Proposals are due by September 9, 2024 at 11:00 AM EDT. Award will be made to the lowest priced technically acceptable offeror. The solicitation includes pricing for a base bid and 10 deductive alternates which will be evaluated to determine the award if the total price exceeds the available budget.

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36C77624R0028 0007 - Signed.pdf PDF
36C77624R0028 0006 - Signed.pdf PDF
36C77624R0028 0005 - Signed.pdf PDF
Technical Questions Tracking Spreadsheet - 9-3-24- 36C77624R0028 - Construct Eye Clinic Columbia SC.docx DOCX document
RoomFinishes.pdf PDF
2024-08-29 544-329 BID DRAWING REVISIONS.pdf PDF
South Carolina Tax Language - 04.04.2024 - FINAL.docx DOCX document
01 00 00 General Requirements_rev 2_8.29.24.pdf PDF
36C77624R0028 0004 - Signed.pdf PDF
09 91 00 Painting_Rev 1 8.30.24.docx DOCX document
544 329 SOW 100_rev2.pdf PDF
00 01 10 Table of Contents_Rev 1 8.30.24.docx DOCX document
Attachment 6 - 544-329 Eye Clinic CD Specs 8.19.24.pdf PDF
SIGN IN SHEET Site Visit 8.15.24.pdf PDF
Amendment 0003 - 36C77624R0028 - Construct Eye Clinic - Columbia SC 8.19.24 - Signed.pdf PDF
Attachment 7 - 544-329 Equipment Cut Sheets Part 1.pdf PDF
Attachment 24 - Richland County Wage Rates 6.14.24.pdf PDF
Attachment 9 - 544-329 Equipment Cut Sheets Part 3.pdf PDF
Attachment 28 - Division Cost Breakdown - 5-29-24.xlsx XLSX spreadsheet
Attachment 22 - Site Visit Dorn VAMC Google Map.jpg JPG image
Attachment 20 - 2023-09-29 544-329 BID DRAWINGS_Part7.pdf PDF
Attachment 18 - 2023-09-29 544-329 BID DRAWINGS_Part5.pdf PDF
Attachment 17 - 2023-09-29 544-329 BID DRAWINGS_Part4.pdf PDF
Attachment 3 - 544 329 VAMC Columbia SC Asbestos Inspection columbia part 1.pdf PDF
Attachment 26 - 544 329 SOW 100_rev1.pdf PDF
Attachment 5 - 544 329 VAMC Columbia SC Asbestos Inspection Report All Buildi.pdf PDF
Attachment 6 - 544-329 Eye Clinic CD Specs_120823.pdf PDF
Attachment 10 - 544-329 Equipment Cut Sheets Part 4.pdf PDF
Solicitation - 36C77624R0028 - Construct Eye Clinic - Columbia SC 8-8-24.pdf PDF
Attachment 12 - 544-329 Equipment Cut Sheets Part 6.pdf PDF
Attachment 23 - Limitations on Subcontracting - Construction.docx DOCX document
Attachment 11 - 544-329 Equipment Cut Sheets Part 5.pdf PDF
Attachment 27 - 544 329 Brand Name J and A.pdf PDF
Attachment 2 - 544 329 Eye Clinic Equipment List.xlsx XLSX spreadsheet
Attachment 8 - 544-329 Equipment Cut Sheets Part 2.pdf PDF
Attachment 1 - 544 329 Eye Clinic ConstructionAssessmentPackage 100 Percent.pdf PDF
Attachment 21 - Site Visit Dorn VAMC Campus Map_B101 and Contractor Parking.pdf PDF
Attachment 14 - 2023-09-29 544-329 BID DRAWINGS_Part1.pdf PDF
Attachment 25 - VHA Supplemental Contract Requirements for Combatting COVID-19 Updated 6-2024.docx DOCX document
Attachment 16 - 2023-09-29 544-329 BID DRAWINGS_Part3.pdf PDF
Attachment 4 - 544 329 VAMC Columbia SC Asbestos Inspection columbia part 2.pdf PDF
Attachment 15 - 2023-09-29 544-329 BID DRAWINGS_Part2.pdf PDF
Attachment 13 - 544-329 Geotech Report.pdf PDF
Attachment 19 - 2023-09-29 544-329 BID DRAWINGS_Part6.pdf PDF
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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.

36C77624R0028

X

08-08-2024

544-329

36C776

Department of Veterans Affairs

Program Contracting Activity Central

6100 Oak Tree Blvd, Suite 490

Independence OH 44131

Department of Veterans Affairs

Program Contract Activity Central

Shardae Webb 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 furnish all labor and materials and perform the work as required by the drawings and specifications for the Construct Eye Clinic Center at the Columbia VA Health Care System in Columbia, South Carolina.

The project location is as follows:

Columbia VA Health Care System

6439 Garners Ferry Rd.

Columbia, SC 29209

The current budget available for this minor construction procurement is $18,293,999.00

This is a Minor Construction project and the current VA Minor Construction maximum threshold is $30M.

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

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

All references in the Specs and drawings to CLINS shall be replaced with the term Line Item.

Primary NAICS Code: 236220, Primary PSC: Y1DZ

PLEASE NOTE: The Contractor agrees to attend any Post Awardconference convened by the Contracting Activity or contract administration in accordance with Federal Acquisition Regulation subpart 42.5.

10 548

X X 52.211-10

X

10 (TEN)

0 11:00 AM EDT

09-09-2024

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

36C776

Department of Veterans Affairs

Program Contracting Activity Central

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

1(one)

Maria Rodeffer

VA VHA RPOC 2023-0094

Table of Contents

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or

Repair)

A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION,

ALTERATION, OR REPAIR)– BACK

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION .................................................. Error! Bookmark not defined.

PRICE SCHEDULE NOTICE

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

1.1 BID MATERIAL

1.2 BID BOND GUARANTEE

1.3 PERFORMANCE & PAYMENT BONDS

1.4 1.4 TAXES:

Special Notes regarding FAR 52.229-3: Federal, State and Local Taxes:

INSTRUCTIONS, CONDITIONS, AND OTHER STATEMENTS TO OFFERORS

2.1 AVAILABILITY OF SOLICITATION DOCUMENTS

2.2 REQUEST FOR PROPOSAL:

2.3 SDVOSB SET-ASIDE

2.4 PRE-PROPOSAL SITE VISIT:

2.5 TECHNICAL QUESTIONS:

2.6 AMENDMENTS

2.7 PREPARATION OF PROPOSALS

2.8 PROPOSAL REQUIREMENTS

2.9 DETERMINATION OF RESPONSIBILITY

2.10 VETS 4212

2.11 SYSTEM FOR AWARD MANAGEMENT (SAM)

2.12 REVIEW REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE

ASSESSMENT REPORTING SYSTEM (CPARS)

2.13 BACKGROUND INVESTIGATIONS AND SPECIAL AGREEMENT CHECKS

2.14 REFERENCES TO VA ENGINEER, RESIDENT ENGINEER, OR PROJECT

MANAGER

2.15 52.216-1 TYPE OF CONTRACT (APR 1984)

2.16 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY

SITE OF THE WORK (MAY 2014)

2.17 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO

ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

2.18 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION

MATERIALS UNDER TRADE AGREEMENTS (MAY 2014)

2.19 52.228-1 BID GUARANTEE (SEP 1996)

2.20 52.233-2 SERVICE OF PROTEST (SEP 2006)

2.21 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB

1995)

2.22 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND

VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)

2.23 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY NOTICE (FEB 2023)

2.24 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION (OCT 2018)

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

2.26 VAAR 852.236-92 NOTICE TO BIDDERS—ADDITIVE OR DEDUCTIVE BID LINE

ITEMS (APR 2019)

2.27 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2024) .. 28

3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

3.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—

REPRESENTATION AND DISCLOSURES (DEC 2023)

3.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

3.5 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—

CERTIFICATION (NOV 2021)

3.6 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND

REPRESENTATION (JUN 2020)

GENERAL CONDITIONS

4.1 52.203-14 DISPLAY OF HOTLINE POSTER(S) (NOV 2021)

4.2 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS (NOV 2021)

4.3 52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—

PROHIBITION (DEC 2023)

4.4 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984)

4.5 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(FEB 2024)

4.6 52.223-20 AEROSOLS (MAY 2024)

4.7 52.223-21 FOAMS (MAY 2024)

4.8 52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER TRADE

AGREEMENTS (NOV 2023)

4.9 52.228-15 PERFORMANCE AND PAYMENT BONDS—CONSTRUCTION (JUN

2020)(DEVIATION APR 2020)

4.10 52.236-4 PHYSICAL DATA (APR 1984)

4.11 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

4.12 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (NOV 2022)

4.13 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

4.14 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(APR 2019)

4.15 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019)

4.16 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019)

4.17 VAAR 852.236-90 RESTRICTION ON SUBMISSION AND USE OF EQUAL

PRODUCTS (APR 2019)

4.18 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT

ADMINISTRATION (OCT 2020)

4.19 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) .. 68

4.20 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT

(SEP 2019)

4.21 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

4.22 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)

4.23 VAAR 852.232-70 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION

CONTRACTS (WITHOUT NAS– CPM) (NOV 2018)

4.24 VAAR 852.204-71 INFORMATION AND INFORMATION SYSTEMS SECURITY

(FEB 2023)

4.25 SUPPLEMENTAL INSURANCE REQUIREMENTS

4.26 MANDATORY WRITTEN DISCLOSURES

4.27 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

4.28 LIST OF ATTACHMENTS

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

T UNIT PRICE AMOUNT

1.00 JB _______________

Base Bid: Item 1: Work includes general construction, alterations, roads, walks, grading, drainage, necessary removal of existing structures and construction and certain other items.

Contract Period: Base POP Begin:

POP End:

0002 1.00 JB _______________

Deduct 1, Alternate 1: Deduct new underground telecommunications duct bank, manholes, and handholes from new HH-1 to MH-2. The contractor shall utilize the existing installed duct bank in the EHRM Infrastructure upgrade to pull homerun cabling from the Eye Clinic to B100 basement.

Contract Period: Base

Deduct 2, Alternate 2 : Deduct Eyebrow Canopies above east, west, and north entry doors.

Contract Period: Base

Deduct 3, Alternate 3 : Reduce window width to 4’-0” Contract Period: Base

Deduct 4, Alternate 4 : Deduct clear story windows above waiting room exterior windows area depicted on north elevation.

Contract Period: Base

Deduct 5, Alternate 5 : Deduct face brick corbel pattern (BR-

1) soldier course to exterior elevations.

Contract Period: Base

Deduct 6, Alternate 6 : Deduct retaining wall south of Eye Clinic.

Contract Period: Base

Deduct 7, Alternate 7 : Deduct vertical window fins each side of entry vestibule.

Contract Period: Base

Deduct 8, Alternate 8 : Deduct Brick Pavers at vehicular drop off Contract Period: Base

Deduct 9, Alternate 9 : Deduct vehicle charging stations Contract Period: Base

Deduct 10, Alternate 10: Deduct security cameras Contract Period: Base

GRAND TOTAL _______________

PRICE SCHEDULE NOTICE

1. Line Item 0001 (BASE) contains all the work for this project. Offerors must provide a lump sum price for all line items. Failure to do so may render their offeror as unacceptable. Each subsequent line item (deductive alternate) removes a portion of the work from Line Item

0001. The intent is to award Line Item 0001 (BASE), and the deductive alternates will be reviewed and applied as necessary until the price is within the budget. List of priorities:

Deductive alternates are cumulative and are listed in descending order of importance.

2. The offeror is required to fill in their pricing on the above price schedule. For each line item, the offeror must indicate the unit cost for the individual deduct as well as the total price when the individual deduct is applied to the previous line items. Failure to do so may render the offer unacceptable and ineligible for award.

Example:

ITEM # DESCRIPTION OF SERVICES QTY UNIT UNIT PRICE TOTAL AMOUNT

0001 BASE: GENERAL CONSTRUCTION 1.00 JB $1,000,000 $1,000,000

0002 DEDUCTIVE ALTERNATE NO. 1 1.00 JB -$10,000 $990,000

0003 DEDUCTIVE ALTERNATE NO. 2 1.00 JB -$5,000 $985,000

3. Pricing must be submitted in whole dollar values. Please do not include pricing in cents.

4. Contractor is required to fill in their Unique Entity Identifier number associated with SAM.gov in Block No. 14 on Standard Form (SF) 1442.

5. 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.

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE

AND BONDS

1.1 BID MATERIAL

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

1.2 BID BOND GUARANTEE

The offeror must furnish a bid bond guarantee on Standard Form 24 (SF 24) in an amount that is the lesser of 20 percent of the proposal price or $3,000,000. Failure to furnish the required bid bond on the proper form and for the proper amount by the date and time specified for receipt of proposals may result in rejection of the proposal. Copies of the SF 24 may be obtained from https://www.gsa.gov/forms.

In accordance with Class Deviation from the FAR to Eliminate Hard Copy Original Documents, Signatures, Notarization, Seals on Bonds, and Other Seals for Certain Contract Requirements issued by the VA Executive Director, Office of Acquisition and Logistics and the Senior

Procurement Executive on May 11, 2020, the requirement for an original bond, with the original signatures, notarization, and seals has been eliminated.

1.3 PERFORMANCE & PAYMENT BONDS

The offeror to whom award is made will be required to furnish two bonds. A performance bond must be provided on Standard Form 25 (SF 25), and a payment bond must be provided on

Standard Form 25A (SF 25A). Both bonds must be submitted in accordance with FAR

52.228-15, Performance and Payment Bonds - Construction (DEVIATION). Copies of SFs 25 and 25A may be obtained from https://www.gsa.gov/forms.

1.4 1.4 TAXES:

Contractor must take into account FAR 52.229-3; “Federal, State and Local Taxes” and its

Special Note in their pricing. The FAR clause and its Special Note provide guidance on taxes being applied to pricing.

Special Notes regarding FAR 52.229-3: Federal, State and Local Taxes:

Offerors are hereby notified that all state and local sales or use taxes for construction materials must be included in their bid or proposal price. It is solely the responsibility of the offeror to include all other applicable taxes in their bid or proposal price as well. The

Government has determined that for this acquisition it cannot take advantage of any sales or use tax exemptions that may be available to it under applicable state law.

Under no circumstances will any Contractor be designated as an agent of the https://www.gsa.gov/forms https://www.gsa.gov/forms

Government for purposes of any tax exemption, nor will the Government authorize any

Contractor’s use of any tax exemption directly applicable to the Government under this procurement.

INSTRUCTIONS, CONDITIONS, AND OTHER STATEMENTS TO

OFFERORS

2.1 AVAILABILITY OF SOLICITATION DOCUMENTS

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

2.2 REQUEST FOR PROPOSAL:

This is a Request for Proposal (RFP) in accordance with FAR Part 15. Award will be made to the offeror whose proposal represents the “best value” to the Government Utilizing the Lowest

Price Technically Acceptable (LPTA) method of evaluation. In order to receive consideration for award, a rating of ACCEPTABLE must be achieved for both Factor 1 Specialized Experience

(Technical) and Factor 2 Schedule (Technical). A responsibility determination will be made in accordance with FAR 9.1, Responsible Prospective Contractors. All proposals shall be subject to evaluation by a team of Government personnel. The Government reserves the right to award without discussions based upon the initial evaluation of the proposals.

Evaluations will be based on the following evaluation factors:

1. Specialized Experience (Technical)

2. Schedule (Technical)

3. Price

2.3 SDVOSB SET-ASIDE

This procurement is a 100% set-aside for Service-Disabled Veteran-Owned Small Business (SDVOSB) concerns. Offers received from other than SDVOSBs will not be considered. All SDVOSBs must be listed as “certified” by the Small Business Administration (SBA) Veteran Small Business Certification (VetCert). Offerors must be certified in the SBA VetCert database (Veteran Small Business Certification (sba.gov)) at the time of proposal submission and time of award. Failure to be certified at the time of proposal submission and time of award will result in the offeror’s proposal being unacceptable.

2.4 PRE-PROPOSAL 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. Please See Attachment 22 - Site Visit Dorn VAMC Campus Map_B101 and Contractor Parking & Attachment 23 - Site Visit Dorn VAMC Google Map for details.

Site visit will be held Thursday, August 15, 2024 @ 10:00am est. Our conference room is in Building 101 basement (School of Medicine Library). Contractors can park in lots #3, #4, #11, #12, and the parking garage.

NOTE: Although not required, it is highly recommended that those who attend the pre-proposal site visit for this project, review the drawings ahead of time. Due to the continued care of our veterans, there may be areas that cannot be accessed during the pre-proposal site visit. Any https://sam.gov/ https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fveterans.certify.sba.gov%2F&data=05%7C01%7C%7C8e7e79ec26e24b76315a08dafed3d7c1%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C638102483047735633%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=A6miKyttg2IAFGmDSciek4gm%2FPoHYc%2F0Uqk6dvC9Wlg%3D&reserved=0 questions regarding these areas can be addressed during the technical question period of the solicitation.

See FAR 52.236-27 of this solicitation for further information

2.5 TECHNICAL QUESTIONS:

Questions of a technical nature must be provided in writing and shall be submitted by the prospective offerors to Shardae Webb, Maria Rodeffer and Megan Johnson. Questions shall be submitted only via e-mail to: Shardae.webb@va.gov , Maria.Rodeffer@va.gov and Megan.Johnson9@va.gov . The subject line must read: 36C77624R0028 – Construct Eye Clinic Columbia, SC - 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 August 22, 2024 at 10:00 AM ET.

2.6 AMENDMENTS

Amendments to this solicitation will be posted at https://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 proposal being considered unacceptable.

2.7 PREPARATION OF PROPOSALS

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

2.8 PROPOSAL REQUIREMENTS

A. General:

1. Proposal Submission: Offerors shall submit their proposals via email to

Shardae Webb Shardae.webb@va.gov and Maria Rodeffer Maria.Rodeffer@va.gov Proposals shall be based on solicitation documents issued for RFP number 36C77624R0028. Proposals will be in the format stipulated in this document. Proposals shall be received on or before the date and time specified in Block 13 of the SF 1442. There will be no public opening of the proposals. Only e-mail proposals will be accepted. Hard-copy proposals will not be accepted.

B. Proposal Format:

1. Technical, Price and Administrative sections of the Offerors proposals will be evaluated independently; therefore, the Offeror shall submit the proposal in three

(3) Volumes: Volume I Technical, Volume II Price and Volume III Administrative.

In order that the Volume I Technical may be evaluated strictly on the merit of the material submitted, the contractor shall include NO price information in Volume I.

Offeror shall separate Volumes I, II and III. Each volume must be labeled with the Offeror's organization, business address, and VA Solicitation Number. The volumes shall be submitted in electronic format as searchable PDF documents.

The proposal, in its entirety, shall not exceed three (3) emails (one email for each volume) of 5MB each. Include page numbers and the company name in the header or footer of each page.

2. Volume I Technical: Offerors shall format the Volume I Technical proposal as listed below. The specific evaluation criteria and methodology for Volume I is contained in Sections C(1), (2) and Section D mailto:Shardae.webb@va.gov mailto:Maria.Rodeffer@va.gov mailto:Megan.Johnson9@va.gov https://sam.gov/ mailto:Shardae.webb@va.gov mailto:Maria.Rodeffer@va.gov

a. The offer, including title page, detailed table of contents, preface shall be submitted in one (1) PDF document for Volume I Technical and shall not exceed a total of TWENTY-FIVE (25) pages (title page, table of contents and preface are excluded from the page limits) in Microsoft Times New Roman 12 font. The Offeror shall not include any price or price related material in the Volume I proposal.

Use graphic presentations where such use will contribute to the compactness and clarity of the proposal.

b. A page is defined as each face of an 8.5 X 11-inch sheet of paper with 1-inch margins around the page perimeter containing information. Note, submission of the project schedule only, can be submitted by utilizing larger paper (11 X 17 inch). All information (except for document numbers, page numbers, etc.) shall be provided in an image area of 7 X 9 inches. Note, this does not apply for the submission of the project schedule. The background color of each page of the submission shall be white or ivory stock only and each page shall count as one (1) page. Excess pages will not be evaluated. Text lines will be single-spaced, and proposals shall be submitted using Times New Roman, with font no smaller than 12 point with normal proportional spacing. A smaller font size for any graphics presented in a proposal is permitted as long as the information is legible to the human eye. Fonts other than Times New Roman are permissible in the presentation of graphic material only.

c. The Offeror’s responses shall clearly address each evaluation factor listed in this solicitation. Failure to submit in the format required and clearly address those factors may result in this offer being rated unacceptable.

3. Volume II Price: Offerors shall format the Volume II Price proposal as listed below. The specific evaluation criteria and methodology for Volume II is contained in Sections D and E.

a. Volume II Price shall not exceed a total of TWENTY (20) pages in Times New Roman size 12 font.

b. Offerors shall complete the Price Schedule in part A of this solicitation.

c. Offerors shall ensure the Signed Standard Form (SF) 1442 is provided.

Offerors shall acknowledge receiving amendments by filling out section 19 of the SF 1442.

d. In addition to the Price Schedule, offerors shall submit a complete breakdown of the Division Pricing for Line Items (0001 - 0010).

e. Bid Guarantee: The Offeror shall furnish a bid guarantee as stipulated in the solicitation (see FAR 52.228-1). Pricing shall be Firm Fixed Price.

The bid guarantee shall be provided on Standard Form 24. The bid bond shall be submitted as part of the electronic submission. In accordance with Class Deviation from the Federal Acquisition Regulation to Eliminate Hard Copy Original Documents, Signatures, Notarization, Seals on Bonds, and Other Seals for Certain Contract Requirements issued by the VA Executive Director, Office of Acquisition and Logistics and the Senior Procurement Executive on May 11, 2020, the requirement for an original bond, with the original signatures, notarization and seals has been eliminated.

f. Failure to furnish the required bid guarantee on the proper form and for the proper amount by the time specified in Block 13 of SF 1442, may result in rejection of the proposal.

4. Volume III Administrative Information: Offerors shall include the following in Volume III. All of the below information must be provided. An Offeror may be considered unacceptable if these items are not provided in the proposal

a. Representations & Certifications:

As the provision at FAR 52.204-7 is included in the solicitation, FAR 52.204-8 (d) applies and the fill-in for FAR 52.204-8 (b)(2) does not need to be completed. The offeror is required to complete the annual representations and certifications electronically at https://www.sam.gov.

b. Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment:

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

c. Information Regarding Responsibility Matters:

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

d. Violation of Arms Controls Treaties or Agreements:

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

e. Tax on Certain Foreign Procurements – Notice and Representation:

The offeror shall provide their response to FAR 52.229-11 (d).

f. Post Award Small Business Program Representations:

Offeror shall provide their response to FAR 52.219-28 (h), if applicable.

g. Limitations on Subcontracting:

The offeror shall complete and sign the VA Notice of Limitations on Subcontracting - Certificate of Compliance for Services and Construction required in VAAR 852.219-75 and return it with their proposal submission is attached as a separate document (Limitations on Subcontracting). The completed and signed form will become part of the official award documentation.

h. Notice to SDVOSB Joint Venture/Mentor Protegee: Any offeror submitting a proposal as a joint venture must provide a certification from each SDVOSB joint partner, signed by an authorized official of each partner to the joint venture, stating that the parties to the joint venture

(1) have entered into a joint venture agreement that fully complies with paragraph (c) of 13 CFR § 128.402 and (2) will perform the contract in compliance with the joint venture agreement. Failure to submit the certification and copy of the Joint Venture Agreement with the offeror’s proposal, may result in the rejection of the proposal.

C. Technical Proposal Requirements: The proposal shall address the following submission requirements for Factor 1 Specialized Experience (Technical) & Factor 2 Schedule (Technical).

1. Factor 1, Specialized Experience (Technical):

Offerors shall provide a minimum of two (2) and a maximum of five (5) prior projects that demonstrate the offeror’s specialized experience in similar size, scope, and complexity to the subject project. Projects shall be performed at a https://www.sam.gov/

Specialized Healthcare Department emphasizing experience with complex medical environments within the last six (6) years. Challenges include but, are not limited to construction of buildings at least 8,000 sq ft., include phasing, site work, new construction, survey testing for asbestos and lead survey and abatement and communication utility work inside an active hospital facility.

Specialized experience submissions shall include all the following:

• Provide examples of previous performance experience as a prime contractor on a minimum of two (2) construction projects completed within the last six

(6) years or 50% complete, that are at least $12M in value, at least 8,000 sq ft, performed at a Specialized Health Care Department, include uninterrupted service lines in an active medical facility that included site work, phasing, renovation/new construction or demolition and removal of existing structures.

• Provide an example of previous performance experience as a prime contractor on at least one (1) construction project that required survey testing for asbestos containing materials (ACM) and removal.

• Provide an example of previous performance experience as a prime contractor in lead base paint testing and removal.

The total PDF pages for Factor 1 shall not exceed 25 pages, including any photos, narratives, and performance evaluations the offeror may choose to include to detail specialized project experience.

2. Factor 2 Schedule (Technical):

Offerors shall prepare and submit a practicable construction schedule showing all necessary work elements to complete the project identified under this solicitation.

The schedule must be in form of a GANNT/bar chart or progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the performance period for all planned tasks and dependencies as detailed below. The submitted schedule must be developed using project scheduling software such as MS Project, Primavera, or any other comparable form.

Each Offeror’s construction schedule must address the following:

• Order of work elements to include project phasing, submittals, mobilization, excavation, construction/remodeling, punch list, de-mobilization.

• Clear identification of concurrent tasks needed for successful completion of project within the POP.

• Number of days for each work element.

• Identification of long lead time materials

• Identification of separate work elements.

D. Volume II – Price Proposal Requirements

a. Carefully follow “Instructions, Conditions, and Notices to Offerors”. Standard form (SF) 1442 Solicitation Offer and Award (Construction, Alteration, or Repair) and the Pricing Schedule located on PAGE 6 & 7 when submitting price offers. Submit a bid guarantee as stipulated in the solicitation.

b. In addition to the pricing schedule, Offerors shall submit a complete Breakdown of the Division Pricing for Line Items (0001 - 0011). The Division Pricing will be used to determine price reasonableness. The Government also reserves the right to use this Division Pricing breakdown as part of discussions during the competitive range, if they are required.

c. The prices shall be Firm Fixed Price. The Offeror shall take care not to include remarks that take exception to the Government’s Specifications/Drawings or pricing requirements or otherwise preclude the Government from evaluating the offer, which will render the offer unacceptable.

E. Evaluation Methodology:

All Offerors are advised that, in the interest of efficiency, the Government reserves the right to conduct the evaluation in the most effective manner. Specifically, the Government may first evaluate the total proposed price of all Offerors. Thereafter, the Government will evaluate the technical proposal of the lowest priced Offeror only. If the lowest priced Offeror’s technical proposal is determined to be rated as Acceptable, the Government may make award to that Offeror without further evaluation of the remaining Offerors’ technical proposals, provided the price is determined to be fair and reasonable.

If the lowest priced Offeror’s technical proposal is determined to be rated as Unacceptable, then the Government may evaluate the next lowest priced technical proposal, and so forth and so on, until the Government reaches the lowest priced technical proposal that is determined to be rated as acceptable, with fair and reasonable pricing. However, the Government reserves the right, in its sole discretion, to evaluate all Offerors’ technical proposals should it desire to conduct discussions, or otherwise determine it to be in the Government’s best interest.

To receive consideration for award, a rating of ACCEPTABLE must be achieved for both Factor 1 Specialized Experience (Technical) and Factor 2 Schedule (Technical).

ACCEPTABLE is defined as the Offeror demonstrated the ability to meet all of the Government’s minimum requirements as identified in the solicitation.

UNACCEPTABLE is defined as the Offeror failed to demonstrate the ability to meet all of the Government’s minimum requirements as identified in the solicitation.

Factor 1 Specialized Experience (Technical): The minimum requirements for an Acceptable Rating are as follows:

The minimum requirements for an Acceptable Rating include all of the following:

• Acceptability is determined with the offeror has submitted experience as a prime contractor on a minimum of two (2) construction projects completed within the last six (6) years or 50% complete, that are at least $12M in value, at least 8,000 sq ft, performed at a Specialized Health Care Department, include uninterrupted service lines in an active medical facility that included site work, phasing, renovation/new construction or demolition and removal of existing structures.

• Acceptability is determined when the offeror has previously performed as a prime on at least one (1) construction project that required survey testing for asbestos containing materials (ACM) and removal.

• Acceptability is determined when the offeror has previously performed as a prime in lead base paint testing and removal.

Factor 2 Schedule (Technical): The minimum requirements for an Acceptable Rating are as follows:

An offeror’s Project Schedule shall be deemed ACCEPTABLE if it (1) properly identifies all elements of work along the critical path; (2) provides clear identification of concurrent tasks needed for a successful project (3) clearly identifies all separate work elements and indicates the number of days for each work element listed (4) provides identification of long lead time materials clearly on the schedule.

An offeror’s Project Schedule shall be deemed UNACCEPTABLE if it (1) fails to identify all elements of work along the critical path; (2) fails to clearly identify concurrent tasks needed, (3) fails to identify all work elements as well as the time needed to complete such items, (4) fails to address long lead time materials on the schedule.

Factor 3 Price: VA-PCAC will award CLIN 0001 (Base Bid) to the lowest priced technically acceptable offeror if funds are available. If funds are not available, VA-PCAC will move on to CLIN 0002 (Deduct Alternate 1). VA-PCAC will award CLIN 0002 (Deduct Alternate 1) to the lowest priced technically acceptable offeror if funds are available. If funds are not available, VA-PCAC will move on to CLIN 0003 (Deduct Alternate 2). VA-PCAC will award CLIN 0003 (Deduct Alternate 2) to the lowest priced technically acceptable offeror if funds are available. If funds are not available, VA-PCAC will move on to CLIN 0004 (Deduct Alternate 3). VA-PCAC will award CLIN 0004 (Deduct Alternate 3) to the lowest priced technically acceptable offeror if funds are available. If funds are not available, VA-PCAC will move on to CLIN 0005 (Deduct Alternate 4). VA- PCAC will award CLIN 0005 (Deduct Alternate 4) to the lowest priced technically acceptable offeror if funds are available. If funds are not available, VA-PCAC will move on to CLIN 0006 (Deduct Alternate 5). VA-PCAC will award CLIN 0006 (Deduct Alternate 5) to the lowest priced technically acceptable offeror if funds are available. If funds are not available, VA-PCAC will move on to CLIN 0007 (Deduct Alternate 6). VA-PCAC will award CLIN 0007 (Deduct Alternate 6) to the lowest priced technically acceptable offeror if funds are available. If funds are not available, VA-PCAC will move on to CLIN 0008 (Deduct Alternate 7). VA- PCAC will award CLIN 0008 (Deduct Alternate 7) to the lowest priced technically acceptable offeror if funds are available. If funds are not available, VA-PCAC will move on to CLIN 0009 (Deduct Alternate 8). VA-PCAC will award CLIN 0009 (Deduct Alternate 8) to the lowest priced technically acceptable offeror if funds are available. If funds are not available, VA-PCAC will move on to CLIN 0010 (Deduct Alternate 9). VA-PCAC will award CLIN 0010 (Deduct Alternate 9) to the lowest priced technically acceptable offeror if funds are available. If funds are not available, VA-PCAC will move on to CLIN 0011 (Deduct Alternate 10). VA-PCAC will award CLIN 0011 (Deduct Alternate 10) to the lowest priced technically acceptable offeror if funds are available.

Note: If all Deduct Alternates have been applied and no offerors are within the available funding limitations or is otherwise determined to be other than fair and reasonable, the VA reserves the right to enter into discussions with those offerors who are determined to be within the competitive range, if a competitive range is determined to be in the interest of the VA, otherwise discussions will be with all offerors.

If the Offeror communicates in its proposal any qualifications, exceptions, exclusions, or conditions to the proposed prices, the Contracting Officer may reject the proposal and exclude the Offeror from further consideration for award.

2.9 DETERMINATION OF RESPONSIBILITY

A Determination of Responsibility will be conducted for the apparent successful offeror 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 be cause for a negative Determination of Responsibility may make the offeror ineligible for award.

2.10 VETS 4212

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.

2.11 SYSTEM FOR AWARD MANAGEMENT (SAM)

Federal Acquisition Regulations require that federal contractors register in the System for Award Management (SAM) database at https://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).

http://www.dol.gov/vets/vets4212.htm https://sam.gov/

2.12 REVIEW REQUIRED REGISTRATION WITH CONTRACTOR

PERFORMANCE ASSESSMENT REPORTING 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.

2.13 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.

http://www.cpars.gov/

2.14 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).”

2.15 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)

2.16 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)

2.17 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:

Goals for minority participation for each trade

Goals for female participation for each trade

23.4 % 6.9 %

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

Richland County

(End of Provision)

2.18 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…

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