36C77624R0084 0009.docx

5. PROJECT NUMBER (if applicable)

CODE

7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER

3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO.

1. CONTRACT ID CODE

FACILITY CODE

CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office.

is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER

16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30

PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243 (Type or print) (Type or print) (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code) (If other than Item 6) (Specify type of modification and authority) (such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer)

02-28-2025

504-21-700 36C776 Department of Veterans Affairs Program Contracting Activity Central

6100 Oak Tree Blvd, Suite 490 Independence OH 44131

36C776 Department of Veterans Affairs Program Contracting Activity Central

6100 Oak Tree Blvd, Suite 490 Independence OH 44131 To all Offerors/Bidders

36C77624R0084 12/18/2024

X

X

** HOUR & DATE for Receipt of Offers is EXTENDED to: 03-14-2025 1PM EDT

1 (ONE)

This amendment is to rescind amendment 0008 and remove PLA requirements. Please see next page for instructions.

Tom Kracinovich Contracting officer

This Amendment is to:

1. RESCIND Amendment 0008, Dated 2/25/2025 in its entirety.

1. Remove the requirement of a Project Labor Agreements.

1. This removes the following from the solicitation:

0. 2.9 under instructions (page 12)

0. 52.222-33 Alternate II (page 24)\

0. 52.222-34 Alternate I (page 62)

1. Due to a Court Of Federal Claims (COFC) Ruling, on January 19, 2025, the COFC issued an opinion and order in MVL USA, Inc., et al. v. The United States. In the decision the court concluded requiring the use of project labor agreements (“PLAs”) on large-scale federal construction projects valued more than 35 million, violated the Competition in Contracting Act (CICA). The court summarized as follows: “the PLA mandate precludes full and open competition by effectively excluding [a non-PLA] offeror from winning an award—both in the function of the mandatory rule itself and in the apparent policy to deny exceptions even when the agency itself commissions data indicating an exception should be made.”[footnoteRef:1] In addition, COFC found that no exceptions to CICA apply to the PLA mandate. The court found that the “government’s argument the PLA mandate is “authorized by law” falls short of the express statutory authorization mandated by Congress in § 3301(a) of CICA.”[footnoteRef:2] [1: COFC, MVL USA, Inc., et al. v. The United States, 2025 P.37] [2: COFC, MVL USA, Inc., et al. v. The United States, 2025 P.38]

1. Due to the COFC conclusions, the Contracting Officer will not require a PLA for the Amarillo EHRM Infrastructure Upgrades Construction Project at the Amarillo, VA Medical Center (VAMC), TX.

1. Extend the Due date of proposals to 3/14/2024.

1. All offers must follow all the submission instructions as included in the original solicitation as amended.

1. Acknowledgement of this and ALL Amendments is required.

Updated Pricing documents or the statement that there is no updated pricing, along with acknowledgement of the amendment are due 3/14/25 at 1pm EST, by email to Heather.Holland3@va.gov & Thomas.Kracinovich@va.gov.

CLOSING STATEMENT:

The changes represented in this amendment constitute a change to the solicitation.

Changes to the solicitation are limited to the terms expressed herein.

All other terms and conditions of the solicitation remain the same.

End of Document