RFP 36C77624R0084 3-28-2025.docx

36C77624R0084

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.

36C77624R0084

X 12-18-2024

504-21-700 36C776 Kara Evert Department of Veterans Affairs Program Contracting Activity Central 6100 Oak Tree Blvd, Suite 490 Independence OH 44131 Kara Evert Department of Veterans Affairs Program Contracting Activity Central 6100 Oak Tree Blvd, Suite 490 Independence OH 44131 Kara Evert Kara.Evert@va.gov

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, and personnel, and shall do all things necessary, that will result in the completion of the EHRM Infrastructure Upgrades construction project, in accordance with the attached Specifications and Drawings.

This project is located at:

Amarillo VA Medical Center 6010 Amarillo Blvd W Amarillo, TX 79106

VAAR Magnitude of Construction: $20,000,000 to $50,000,000 NAICS Code 236220 and PSC Z2DA

10 (TEN)

X X

52.211-10 X

10 (TEN)

0 (ZERO)

1:00 PM

EDT

04-08-2025 X

90 (NINETY)

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 6100 Oak Tree Blvd, 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

Richelle N. Gray

VA-VHA-RPOC-2023-0041

Table of Contents

A.3 PRICE SCHEDULE

ITEM INFORMATION

BASE:

ITEM I, GENERAL CONSTRUCTION: Work includes general construction, alterations, roads, walks, grading, drainage, and necessary removal of existing structures and construction and certain other items to complete the Amarillo EHRM Infrastructure Upgrades project. See STATEMENT OF BID ITEMS in the specifications for additional information.

The contractor shall complete the entire project no later than 548 calendar days after the issuance of the notice to proceed. All work shall be completed in accordance with the specifications, drawings, and supporting attachments.

PRICE SCHEDULE NOTICE

1. Line Item 0001 (Base) contains all the work for this project.

2. Offerors must provide a lump sum price for Line Item 0001 (Base). Failure to do so may lead the CO to reject it as nonconforming.

3. Award will be made on the Grand Total (Line Item 0001 - Base).

4. Pricing shall be submitted in whole dollar values. Do NOT include pricing in cents.

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

Page 1 of Page 1 of

INFORMATION REGARDING PROPOSAL MATERIAL, BID GUARANTEE, AND BONDS

1.1 PROPOSAL 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 (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 will 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 a hard copy original bond with the original signatures, notarization, and seals has been eliminated. The bid bond must be submitted electronically as part of the proposal package.

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 SF 25, and a payment bond must be provided on SF 25A. Both bonds must be submitted in accordance with FAR 52.22815, Performance and Payment Bonds - Construction (DEVIATION). Copies of SFs 25 and 25A may be obtained from https://www.gsa.gov/forms.

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 solicitation is being issued as a Request for Proposal (RFP) in accordance with FAR part 15. This will be a competitive acquisition utilizing FAR 15.101-1, Tradeoff process.

2.3 SDVOSB SET-ASIDE

This procurement is a 100% set-aside for Service-Disabled Veteran-Owned Small Business (SDVOSB) concerns. To be considered eligible to receive award of a resulting contract, offerors must be certified as SDVOSBs by the U.S. Small Business Administration (SBA) and listed in the SBA Veteran Small Business Certification (VetCert) database (https://veterans.certify.sba.gov/) at the time of proposal submission and at the 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 rejected. A joint venture may be considered eligible as an SDVOSB if the joint venture complies with the requirements in 13 CFR 128.402.

2.4 PRE-PROPOSAL SITE VISIT

Formal site visits were held for this project on January 6 and 17, 2025. These were the only opportunities for potential offerors to visit the site. See FAR 52.236-27 in this solicitation for further information.

2.5 TECHNICAL QUESTIONS

The cut-off date and time for receipt of technical questions was January 21, 2025 @ 1 pm EST.

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 the proposal being deemed ineligible for evaluation and award.

2.7 PROPOSAL PREPARATION INSTRUCTIONS

(a) Proposal preparation costs. The Government will not pay any costs incurred in the preparation and submission of proposals in response to this solicitation.

(b) Proposal submission.

(1) Proposals must be based on solicitation documents issued for RFP number 36C77624R0084. Proposals must be in the format stipulated in this document.

(2) Proposals must be submitted via email to Kara.Evert@va.gov and Richelle.Gray@va.gov. Only emailed proposals will be accepted.

(3) Proposals must be received on or before the date and time specified. There will be no public opening of the proposals (virtual or otherwise).

(c) Proposal format.

(1) Technical, price, and administrative sections of an offeror’s proposal will be evaluated independently; therefore, the offeror must submit the proposal in three separate volumes: Volume I - Technical, Volume II - Price, and Volume III - Administrative. All information must be confined to the appropriate volume. So that the technical proposal may be evaluated strictly on the merit of the material submitted, the contractor must include NO price or price-related information in Volume I.

(2) The submission must be logically assembled and indexed. Each volume of the proposal must be submitted as one searchable PDF document. Each PDF file name must clearly identify the offeror and the volume it contains.

(3) The use of hyperlinks or embedded attachments within the proposal is prohibited. All proprietary information must be clearly and properly marked.

(4) To help ensure VA receipt of submissions, the proposal, in its entirety, must not exceed three emails (one email for each volume) of 5MB each.

(5) Failure to submit the proposal in the format required may result in the offer being deemed ineligible for evaluation and award.

(d) Proposal requirements.

(1) Volume I - Technical. The offeror must submit the Volume I Technical proposal as indicated below.

(i) The submission must include a title page (labeled with the VA solicitation number and the offeror's organization, business address, and point of contact) and detailed table of contents. The submission must include page numbers and the company name in the header or footer of each page.

(ii) The submission must not exceed a total of 25 pages, including any photos and narratives the offeror may choose to include. The title page and table of contents will NOT count toward the page limit. Any pages submitted that exceed the limit will not be considered during the evaluation.

(iii) The submission must be in Arial 12-point font or larger with no less than single-spaced text lines and normal proportional spacing. Page numbers, company logos, and headers and footers are not bound by the font requirements. Page size for all proposal documents will be 8.5 x 11 inches with 1-inch margins.

(iv) The submission should use graphic presentations where such use will contribute to the compactness and clarity of the proposal. A smaller font size or fonts other than Arial are permitted in the presentation of graphic material, as long as the information is legible to the human eye.

(v) The submission must address each technical (non-price) evaluation factor detailed in this solicitation.

(2) Volume II - Price. The offeror must submit the Volume II Price proposal as indicated below.

(i) Standard Form 1442. The offeror must complete and sign the “OFFER” section of the SF 1442 and include the company’s Unique Entity Identifier associated with SAM.gov in block 14.

(ii) Acknowledgement of amendments. The offeror must acknowledge and agree to all amendments by either (A) completing block 19 of the SF 1442, or (B) returning the signed amendment form(s) with the submission.

(iii) Price schedule. The offeror must complete the price schedule on page 6 of this solicitation. Pricing must be firm fixed price and submitted in whole dollar values. The offeror must take into account FAR 52.229-3, Federal, State, and Local Taxes and its Special Note in their pricing. The clause and note provide guidance on taxes being applied to pricing.

(iv) Bid bond. The offeror must furnish a bid bond guarantee as stipulated in this solicitation (see section 1.2 and FAR 52.228-1).

(v) Division cost breakdown. If the Government decides to establish a competitive range and conduct discussions, upon request by the CO, the offeror must submit a complete breakdown of the division pricing for each building using the provided Division Cost Breakdown form. The breakdown is NOT to be submitted with the initial proposal, but it should be prepared in advance, as additional preparation time will not be allotted.

(3) Volume III - Administrative. The offeror must submit the Volume III Administrative proposal as indicated below.

(i) Annual Representations and Certifications. The offeror is required to complete the annual representations and certifications electronically at https://sam.gov/. A separate copy of FAR 52.2048 does not need to be completed and returned with the proposal.

(ii) FAR 52.204-24(d). The offeror must provide their response to item (d) in FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment, unless the requirements in the first paragraph of this provision have been met.

(iii) FAR 52.209-7(b). The offeror must provide their response to item (b) in FAR 52.209-7, Information Regarding Responsibility Matters.

(iv) FAR 52.209-13(b). The offeror must provide their response to item (b) in FAR 52.209-13, Violation of Arms Control Treaties or Agreements.

(v) FAR 52.229-11(d). The offeror must provide their response to item (d) in FAR 52.229-11, Tax on Certain Foreign Procurements—Notice and Representation.

(vi) FAR 52.219-28(h). The offeror must provide their response to item (h) in FAR 52.219-28, Postaward Small Business Program Rerepresentation, if applicable.

(vii) VAAR 852.219-75. The offeror must complete and sign the certification in VAAR 852.21975, VA Notice of Limitations on Subcontracting—Certificate of Compliance for Services and Construction, and return it with their proposal submission. The completed and signed certification will become part of the official award documentation. A copy of the clause to be completed and included with the proposal is attached as a separate document (Limitations on Subcontracting - Construction). Failure to submit the certification with the proposal will result in the offer being deemed ineligible for evaluation and award.

(viii) Notice to SDVOSB Joint Venture/Mentor-Protégé. Any offeror submitting a proposal as an SDVOSB joint venture must provide a certification from each joint partner, signed by an authorized official of each partner to the joint venture, stating that the parties to the joint venture (A) have entered into a joint venture agreement that fully complies with paragraph (c) of 13 CFR 128.402 and (B) will perform the contract in compliance with the joint venture agreement. Failure to submit the certification with the offeror’s proposal will result in the offer being deemed ineligible for evaluation and award.

2.8 EVALUATION FACTORS

(a) Criteria. The proposal must address the following evaluation factors.

(1) Factor 1, Project Experience. The offeror must provide information regarding recent and relevant work the company has performed. The offeror must submit no more than five construction projects worked on within the last five years (from the time offers are due) that are similar in size, scope, and complexity to this requirement. Projects must have a minimum value of $20M and be at least 50% completed at the time offers are due. The offeror must provide a narrative for each project submitted describing the relevance of the example project to this contract, including the size (square footage), scope, cost, building use (e.g., medical facility, office building, etc.), principal elements, and special features of the project.

Relevant experience includes:

(i) Experience as the prime contractor on at least one new-build construction project with a period of performance of at least 365 days, performed for a medical facility requiring uninterrupted service lines (such as an emergency or surgical environment), with requirements comparable to the VA physical security requirements, and including mainline utility tie-ins for plant steam, chiller water, electrical, sanitary sewer, and/or domestic water.

(ii) Experience as the prime contractor on an IT infrastructure upgrades/renovations project that provided telecommunications infrastructure with requirements comparable to the VA Infrastructure Standard for Telecommunications Spaces (ISTS). This can include, but is not limited to, constructing a new main computer room building and Telecommunications Rooms (TR); upgrading HVAC and electrical distribution; installing, terminating, and testing fiber optic cabling and data cabling; installation of cable trays and demo of existing data cabling; upgrading facility fiber; and maintaining physical security during construction.

The offeror must provide the following for each project submitted (if applicable):

(i) Contract/task order number

(ii) Title and location

(iii) Award date

(iv) Start and completion dates (expected and actual)

(v) Whether any delays occurred and the reason for the delays

(vi) Original and final (or projected final) contract dollar amount

(vii) Offeror’s role in the project (prime, teaming partner, or subcontractor)

(viii) Prime contractor (if not offeror) and major subcontractors

(ix) Project owner and owner point of contact name, phone number, and email address

(x) Relevant services provided, including the type of work performed by the offeror

(xi) Any challenges faced, and the solutions implemented to address those challenges If the Offeror is a Joint Venture (JV), project experience and past performance shall be submitted for projects performed by each individual entity, and by the Joint Venture itself, if available.

(2) Factor 2, Past Performance. The offeror must provide past performance information for all projects submitted for Factor 1, Project Experience. For each project, the offeror must submit a Contractor Performance Assessment Reporting System (CPARS) rating report or, if no CPARS data is available for a project, offerors can use the attached past performance questionnaire (PPQ - Amarillo). CPARS and PPQs do NOT count toward the page limit. However, any narratives or other information provided for past performance WILL count toward the page limit.

*Note: All PPQs should be completed by the evaluator and returned to the offeror. The offeror must incorporate completed PPQs into the proposal. PPQs should not be submitted by the evaluator directly to VHA PCAC. A PPQ obtained for another solicitation may be submitted for this project. However, if significant portions of the project have been completed since the PPQ was filled out, a new PPQ should be submitted to accurately assess the project.

(3) Factor 3, Price. The offeror must provide pricing in accordance with the solicitation instructions.

(b) Methodology. Information submitted will be reviewed to assess the offeror’s ability to accomplish the technical requirements and perform the prospective contract successfully. The same projects evaluated for Factor 1, Project Experience will also be evaluated for Factor 2, Past Performance.

(1) Factor 1, Project Experience. The purpose of this factor is to evaluate the offeror’s relevant experience, competence, and capability to perform this requirement. Project experience will be evaluated based on the information provided by the offeror regarding the construction of projects similar in size, scope, and complexity within the last five years.

The offeror will be rated more favorably to the extent their experience is recent and relevant. A project is more relevant to the extent it is similar to the project being solicited in terms of size, scope, and complexity. A project will be considered more relevant to the extent it involved:

· Experience constructing a steel frame building that is constructed for future vertical expansion or constructing a steel frame building at least 5-stories with a minimum footprint of 5,000 SF.

· Experience on a project with extensive site work, consisting of at least five acres, requiring an environmental protection plan meeting Code of Federal Regulations (CFR).

· Experience as the prime contractor on an IT infrastructure upgrades/renovations project at an active medical facility/hospital that provided telecommunications infrastructure to standards equal or similar to the VA Infrastructure Standard for Telecommunications Spaces (ISTS).

(2) Factor 2, Past Performance. The purpose of this factor is to evaluate the quality of the offeror’s past performance on relevant projects. Past performance will be evaluated based on assessments of the offeror’s success in the construction of projects similar in size, scope, and complexity within the last five years.

The offeror will be rated more favorably to the extent their past performance is recent, relevant, and successful. The evaluation of relevance is the same for Factor 2, Past Performance as stated above for Factor 1, Project Experience. A project will be considered more successful to the extent it involved:

· Timely completion in accordance with the contract schedule;

· Compliance with the terms and conditions of the contract;

· Production of a quality product; and

· Performance to the satisfaction of the customer.

Past performance demonstrating higher levels of success and quality on recent and relevant projects similar in size, scope, and complexity to this requirement presents lower levels of risk and will be more favorably rated.

An offeror without relevant past performance or for whom past performance information is not available will be rated neither favorably nor unfavorably on past performance. Past performance evaluations may also consider additional information obtained from customer inquiries, Government databases, publicly available sources, additional reports in CPARS, the Electronic Subcontract Reporting System (eSRS), and any other sources deemed appropriate by the CO.

(3) Factor 3, Price. The purpose of this factor is to determine the best value by comparing the total evaluated price with the two non-price factors. The total evaluated price will be the offeror's price for Line Item 0001.

2.9 EVALUATION OF OFFERS

(a) Basis of award. The Government intends to award a contract resulting from this solicitation to the responsible offeror whose proposal represents the best value to the Government at a fair and reasonable price. Best value means the expected outcome of an acquisition that, in the Government's estimation, provides the greatest overall benefit in response to the requirement. In accordance with FAR 15.101-1, the tradeoff process will be used to determine best value, as it may be in the best interest of the Government to consider award to other than the lowest priced offeror or other than the highest technically rated offeror. Proposals will be evaluated using both non-price and price evaluation factors. The non-price factors are of equal importance and, when combined, are approximately equal to price. Evaluations will be based on the following factors:

(1) Project Experience (non-price)

(2) Past Performance (non-price)

(3) Price

(b) Evaluation process.

(1) All proposals will be subject to evaluation by a team of Government personnel. Proposals will be evaluated based on the factors described herein in accordance with the solicitation.

(2) The evaluation will be based on the content of the proposal and any subsequent discussions. It is the intent of the Government to award without discussions; however, the Government reserves the right to conduct discussions, if necessary.

(3) If discussions are deemed necessary to maximize the Government’s ability to obtain the best value, the Contracting Officer will establish a competitive range and proposal revisions will be requested. Discussions will be held only with the offerors with the most highly rated proposals, unless the range is further reduced for purposes of efficiency.

(4) If contract award cannot be made to the initial successful offeror, the Contracting Officer will evaluate the offeror who ranked second in the best-value tradeoff analysis. This process will continue until a contract award can be made, or the Contracting Officer determines that no contract award can be made. The contracting officer may find all offers not acceptable and cancel the solicitation.

(5) The offeror must not include remarks that take exception to the Government’s solicitation or pricing requirements, preclude the Government from evaluating the offer, or render the offer as nonconforming or unacceptable. If the offeror communicates in its proposal any qualifications, exceptions, exclusions, or conditions to the proposed prices or terms of the solicitation, the Contracting Officer may reject the proposal and exclude the offeror from discussions.

2.10 DETERMINATION OF ACCEPTABILITY

Proposals received in response to this solicitation will be reviewed for acceptability. Failure to provide documentation as outlined in the solicitation by the date and time set for receipt of offers may result in the offer being deemed ineligible for evaluation and award.

2.11 RESPONSIBILITY DETERMINATION

In accordance with FAR subpart 9.1, Responsible Prospective Contractors, a responsibility determination will be made for the apparent awardee prior to processing the award. The Contracting Officer reserves the right to request information to assist the Government in determining the apparent successful offeror responsible, including information regarding the offeror’s previous experience (including points of contact), organization (including company officers), technical qualifications, financial resources, and other information deemed necessary. These requests for information do not constitute discussions. Any information received by the Government that would be cause for a determination of nonresponsibility may deem the offeror ineligible for award.

2.12 SYSTEM FOR AWARD MANAGEMENT

The FAR requires that federal contractors register with the System for Award Management (SAM) at https://sam.gov/ and enter all mandatory information into the system. In compliance with FAR 52.204-7, an offeror is required to be registered in SAM at the time an offer is submitted and at time of award.

2.13 VETS 4212

Title 38 U.S.C. 4212(d), codified at 41 CFR 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 https://www.dol.gov/agencies/vets/programs/vets4212. 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 confirmation email prior to awarding the project.

2.14 REVIEW OF REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

(a) As prescribed in FAR 42.1502(e), the 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, Contractor Performance Assessment Reporting System (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.

(b) Each contractor whose contract award is estimated to exceed $750,000 is required to register with CPARS at http://www.cpars.gov/. Help in registering can be obtained by contacting the Customer Service Desk at: 684-1690 (DSN) or 207-438-1690 (Commercial). Registration should occur no later than 30 days after contract award and must be kept current should there be any change to the contractor’s registered representative.

(c) 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 must be assigned in CPARS to the contractor’s designated representative for comment. The contractor representative will have 30 days to submit any comments and re-assign the report to the VA Contracting Officer.

(d) Failure to have a current registration in CPARS or to re-assign the report to the VA Contracting Officer within those 30 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. If the site requires an investigation, the contractor must follow VA Directive 0710.

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 must be replaced with “Contracting Officer’s Representative (COR).”

2.17 REFERENCES TO BIDS/BIDDERS

Within the solicitation/contract specifications and/or drawings, any reference to “bid” must be replaced with “proposal” and any reference to “bidder” must be replaced with “offeror.”

2.18 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

(a) All actual and potential offerors are encouraged to provide feedback on the preaward and debriefing processes, as applicable. Feedback may be provided to agencies up to 45 days after award. The feedback is anonymous, unless the participant self-identifies in the survey. Actual and potential offerors can participate in the survey by selecting the following link: https:// www.acquisition.gov/360.

(b) The Contracting Officer will not review the information provided until after contract award and will not consider it in the award decision. The survey is voluntary and does not convey any protections, rights, or grounds for protest. It creates a way for actual and potential offerors to provide the Government constructive feedback about the preaward and debriefing processes, as applicable, used for a specific acquisition.

(End of Provision)

2.19 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(c) Procedures. (1) The Offeror shall search for the phrase ‘‘FASCSA order’’ in the System for Award Management (SAM)(https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6) Item description;

(7) Reason why the applicable covered article or the product or service is being provided or used;

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

(End of Provision)

2.20 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)

2.21 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)

2.22 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 Potter County Amarillo Texas (End of Provision)

2.23 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…