36C77624R0087 0008 Request for Propsoals 9.18.2024.docx

36C77624R0087

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.

36C77624R0087

X 05-10-2024

650-318 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 6100 Oak Tree Blvd, Suite 490

Independence OH 44131 Caroline Walker 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 materials, equipment, supervision, and personnel necessary to accomplish the job for the VA project 'Construct Replacement Outpatient Clinic' #650-318 at US Coast Guard Air Station Cape Cod. This work is being accomplished on behalf of the Providence VAMC and VISN 1.

VAAR Magnitude of Construction: $10,000,000 to $20,000,000

Statutory Cost Limitation: The current funding available for this minor construction procurement is $16,500,000. The Government cannot guarantee additional funds will be made available for award. Reference 38 U.S.C. 8104.

NAICS Code for this project is 236220 - Commercial and Institutional Buildings.

The SDVOSB must be a small business under the relevant NAICS code.

Joint Ventures shall comply with VAAR 819.7003.

Please Note: The contractor agrees to attend any post award conference convened by the contracting activity or contract administration in accordance with FAR subpart 42.5.

10 (TEN)

X X

52.211-10 X

10 (TEN)

0 (ZERO)

14:00

EDT

10-03-2024 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

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

William Henkel Contracting Officer

Table of Contents

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION June 20, 2024

ITEM I, GENERAL CONSTRUCTION:/BASE BID / Work includes Construction of new outpatient clinic located off Connery Ave on a greenfield site. Contract Period: Base POP Begin:

POP End:

Deduct Alternate No. 1: Base Bid except delete canopies at staff entry, delete staff patio, delete pavers at main entrance and replace with concrete, provide manual operation folding partition between Rooms 112 and 113 in lieu of specified automatic operation folding partition, delete screen wall around MEP equipment.

Deduct Alternate No. 02: Base Bid except delete “skylight” feature from Team Work Area 147. To be replaced with (10) standard troffer lights, asphalt shingle roof in lieu of Standing Seam.

Deduct Alternate No. 03: Base Bid except fiber cement exterior wall in lieu of phenolic panel, replace brick wainscotting at exterior with 8x16 ground face CMU block and CMU sills, replace all manufactured casework with stick built millwork. All layouts, sizes and finishes to match contract documents.

Deduct Alternate No. 04: Base Bid except asphalt sidewalks in lieu of concrete sidewalks, delete patient lift from Room 143. Patient lift to be owner provided and installed. Account for coordination with owner’s vendor. Delete trees and shrubs from landscaping, to be completed by owner at a later date. Landscaping limited to grass in all areas. Modular millwork to be removed from scope and to be provided and installed by owner. Delete folding partition between rooms 112 and 113. Delete curbing from all parking areas.

PRICE SCHEDULE NOTICE

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

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

Page 1 of Page 1 of

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 52.22815, 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 INSTRUCTIONS

Offerors shall follow the instructions contained herein. These instructions prescribe the proposal format and describe the approach for development and presentation of the proposal. These instructions are designed to ensure the submission of necessary information. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications. The Contracting Officer has determined there is a high probability of adequate competition in this acquisition. Interested offerors shall be solely responsible for all costs associated with this solicitation including but not limited to the preparation of proposals.

The Government plans to make an award without discussions. Therefore, each initial offer shall contain the offeror’s best terms from a price and technical standpoint. The Government reserves the right to conduct discussions if it is determined to be necessary.

Proposal shall be (1) submitted on the forms furnished by the Government or on copies of those forms; and (2) manually signed (“wet signature”). The person signing the proposal shall initial each erasure or change appearing on any proposal form. Alternate proposals will NOT be considered. Faxed submissions will not be accepted.

2.3 PREPARATION OF PROPOSALS

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

2.4 PROPOSAL REQUIREMENTS

A. Proposal Submission: The Offeror’s proposal shall be submitted electronically via email to Caroline.Walker@va.gov and William.Henkel@va.gov by the date and time indicated in the solicitation/solicitation amendments in the files set forth below. In order for your firm to be considered for award, a complete proposal, including the bid bond, shall be received by the government by the solicitation due date/time.

The offerors proposal shall consist of two (2) Volumes:

1. Volume I – Past Performance

2. Volume II – Price, Offer, Bid Bond & Award Documents

B. Proposal Files: Offeror’s Response shall be submitted in accordance with the following:

1. Format: The submission shall be clearly indexed and logically assembled. Each volume’s cover page shall include company name, date, and solicitation number only. Any other information included on the cover page will not be evaluated. All pages of Volume I shall be appropriately numbered and identified by the complete company name, date and solicitation number in the header and/or footer. Proposal page limitations are applicable to this procurement. The Table below indicates the maximum page count for each volume of the Offeror’s proposal. All proprietary information shall be clearly and properly marked. If the Offeror submits annexes, documentation, attachments or the like, not specifically required by this solicitation, such will count against the Offeror’s page limitations unless otherwise indicated in the specific Volume instructions below. Pages in violation of these instructions, by exceeding the total page limit for a particular volume, will not be evaluated. The page count will be determined by counting the pages in the order they are assembled by the offeror, minus the cover page.

2. Offeror may only submit two (2) emails for their proposal submission. Email size limitation is 20 MB. Volumes I and II shall be included in separate emails. Each Volume shall be a single attachment. Your firm’s emails shall only include two attachments and titled as such:

“Company Name - Volume I Past Performance”

“Company Name – Volume II Price - Offer – Bid Bond & Award Documents”

3. Content Requirements: All information shall be confined to the appropriate file. The Offeror shall confine submissions to essential matters, sufficient to define the proposal and provide an adequate basis for evaluation. Offerors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of each proposal. The page limits and font size requirements for each volume are shown in the Table below:

C. BASIS FOR CONTRACT AWARD: This is a competitive Request for Proposal (RFP) that represents the best value to the Government conducted under FAR Part 15.101-1, Tradeoff Procedure. This is a Past Performance-Price Tradeoff (PPT).

A single award will be made to a SDVOSB using the Tradeoff source selection process. Past Performance is significantly more important than price. The offeror who presents the best value to the Government when Past Performance and Price are considered will be the apparent awardee. The Government reserves the right to accept other than the lowest priced offer or to reject all offers. The Government shall not award a contract to an Offeror whose proposal contains a deficiency, as defined in FAR 15.001. If there is a lower priced, conforming offer(s), the SSA will decide on whether the added value of a more expensive proposal would justify award to that offeror.

Factor 1: Past Performance-

The Past Performance evaluation will assess the relative risks associated with an Offeror's likelihood of success in fulfilling the solicitation's requirements as indicated by that Offeror's record of past performance. In this context, “Offeror” refers to the proposed prime SDVOSB. A single past performance rating will be based on the total package submitted by the offeror.

The Government will conduct a performance risk assessment based on the relevancy and recency of the Offeror's past performance, as it relates to the probability of successful accomplishment of the required effort for project 650-318. Offerors are cautioned that the Government will review available past performance data available in the Contractors Performance Assessment Reporting System (CPARS). The Government reserves the right to obtain past performance information from any available source and may contact customers other than those identified by the Offeror when evaluating past performance.

The Government will review aspects of the offeror’s past performance by the final costs, project schedule, and performance. Areas to be evaluated may include but are not limited to quality of construction service, timeliness of performance or adherence to performance schedules, controlling project cost, and/or effectiveness in program management (to include use and control of subcontractors).

Per FAR 15.305(a)(2)(iv), an Offeror without a record of relevant past performance or for whom information on past performance is not available, the Offeror may not be evaluated favorably or unfavorably on past performance.

Factor 2: Price-

The Government will evaluate price to determine whether proposals are fair and reasonable.

The Government will evaluate offers for award purposes based on CLINS or any alternate deduct items as determined by the Government based on the availability of funding.

D. VOLUME I – PAST PERFORMANCE Submission Requirements Recent Successful Past Performance: Offerors are required to provide their recent, substantially complete (>90% complete), successful performance under contracts that demonstrate performance of ‘construction of hospital clinics’ similar in scope to the medical center facility scope of Project 650-318, as the prime contractor within the last eight (8) years from the date this solicitation was issued.

Offeror shall provide a detailed summary of the most recent three (3) projects that includes:

1. Owner Government Agency/Company which awarded contract and their contact information (Name, Title, Telephone Number, Email);

2. Contract Number;

3. Location (physical address) of project performance;

4. Project Name;

5. Project Description (Details of construction requirements, challenges, and solutions);

6. Project Cost and Cost Control Measures (original and final contract costs, contract mods, cost containment measures, value engineering, etc.);

7. Project Performance Period (Initial and actual, schedule impacts and efficiencies); and

8. Subcontractors (Name, Rolls, Responsibilities, Percent of work).

9. In addition, for each project submitted, Offerors shall provide a narrative that describes recent successful performance in the construction of hospital clinics similar in scope to ‘Construct Replacement Outpatient Clinic' project at the US Coast Guard Air Station in Cape Cod. Information shall include details on complexity, magnitude, challenges, and degree of success. Offeror is encouraged to include supporting documents such as photographs that support the narrative. The narrative should discuss items such as challenges with schedule, unforeseen site conditions, or other unusual factors, and provide details on how the offeror overcame those challenges.

Since the Government may not necessarily interview all the sources provided by the Offerors, it is incumbent upon the Offerors to explain the relevance of the data provided. Offerors are reminded that the burden of proving low performance risk rests with the Offerors.

E. VOLUME II – PRICE, OFFER, BID BOND & AWARD DOCUMENTS Submission requirements:

1. Offerors shall provide a breakdown of their base bid line item on the price breakdown form provided as a solicitation attachment 23. Offerors shall provide pricing on each line item on the SF1442 continuation price sheet. Note: In accordance with (IAW) FAR 28.101-1, a bid-bond is required; therefore, a performance and payment bond is required.

2. To be eligible for award, Offerors are required to be SDVOSB certified by SBA.

3. 2-page SF1442 completed and signed by the signatory authority. The signature shall be a wet signature, and then the document may be scanned and submitted electronically. Microsoft Word “signatures” in different fonts, digital signatures, and scanned jpeg signatures are not allowed. All blocks under section “OFFER” on page 2 of SF1442 (Item 14 thru 20C) shall be completed.

4. SF1442 Continuation Price Sheet and Price breakout form shall be submitted.

5. Reps and Certs and any provisions/clauses that require offeror’s responses shall be submitted.

6. Acknowledgement of ALL Amendments.

7. Proof VETS 4212 has been filed for 2023.

8. Duly executed Bid Bond/Guarantee: Offerors shall use form SF24 Bid Bond. Bid bonds that are found noncompliant with bid guarantee requirements will result in the rejection of the proposal. See clause 52.228-1 Bid Guarantee for additional information on the compliance with bid guarantee requirements. This requirement shall be emailed as part of VOLUME II. The Contracting Officer may request a physical copy of the bid bond be mailed later.

It is solely the responsibility of the offerors to ensure the Government receives the proposal before or on the exact due date and time set forth in this solicitation.

VETS-4212: Title 38, USC Section 4212(d) and Public Law 105-339, requires that federal contractors report, at least annually, the number and category of veterans who are within their workforce. This VETS-4212 report can be submitted per the instructions at https://www.dol.gov/agencies/vets/programs/vets4212. For assistance contact VETS4212 customer support at 1-866-237-0275 or vets4212-customersupport@dolncc.dol.gov. For procurement awards in excess of $150,000, this report must be completed and accepted prior to any Federal contract award. Therefore, all potential contractors are encouraged to file every year.

All inquiries about this solicitation shall be directly submitted in writing via email to both Caroline.walker@vagov and William.henkel@va.gov . No phone or faxed inquiry will be accepted. Government’s responses to inquiries will be issued in the form of Amendment(s) to be posted on the same website where this solicitation is posted: www. SAM.gov. All interested offerors including those submitting inquiries are required to monitor the above website for any posted amendments and acknowledge them in accordance with the instructions provided in the amendments as well as in this solicitation.

2.5 DETERMINATION OF RESPONSIBILITY

A Determination of Responsibility will be conducted for the apparent successful offeror prior to award of the project. 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.

2.6 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).

2.7 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.

2.8 BACKGROUND INVESTIGATIONS AND SPECIAL AGREEMENT CHECKS

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

2.9 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).”

2.10 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.”

2.11 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)

2.12 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)

2.13 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the—

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is

(End of Provision)

2.14 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "designated country construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American—Construction Materials Under Trade Agreements" (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.15 52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20% percent of the bid price or 3,000,000, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of Provision)

2.16 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021)

(a) Offerors shall obtain from each person acting as an individual surety on a bid guarantee—

(1) A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203–1; and

(2) Standard Form 28, Affidavit of Individual Surety.

(b) The Offeror shall include with its offer the information required at paragraph (a) of this provision within the timeframe specified in the provision at FAR 52.228–1, Bid Guarantee, or as otherwise established by the Contracting Officer.

(c) The Contracting Officer may release the security interest on the individual surety’s assets in support of a bid guarantee based upon evidence that the offer supported by the individual surety will not result in contract award.

(End of Provision)

2.17 52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS (FEB 2021)

(a) Definitions. As used in this clause— Foreign person means any person other than a United States person.

United States person, as defined in 26 U.S.C. 7701(a)(30), means—

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 7701(a)(31)); and

(5) Any trust if—

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) This clause applies only to foreign persons. It implements 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c)(1) If the Contractor is a foreign person and has only a partial or no exemption to the withholding, the Contractor shall include the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, with each voucher or invoice submitted under this contract throughout the period in which this status is applicable. The excise tax withholding is applied at the payment level, not at the contract level. The Contractor should revise each IRS Form W-14 submission to reflect the exemption (if any) that applies to that particular invoice, such as a different exemption applying. In the absence of a completed IRS Form W-14 accompanying a payment request, the default withholding percentage is 2 percent for the section 5000C withholding for that payment request. Information about IRS Form W-14 and its separate instructions is available via the internet at www.irs.gov/w14.

(2) If the Contractor is a foreign person and has indicated in its offer in the provision 52.229-11, Tax on Certain Foreign Procurements—Notice and Representation, that it is fully exempt from the withholding, and certified the full exemption on the IRS Form W-14, and if that full exemption no longer applies due to a change in circumstances during the performance of the contract that causes the Contractor to become subject to the withholding for the 2 percent excise tax then the Contractor shall—

(i) Notify the Contracting Officer within 30 days of a change in circumstances that causes the Contractor to be subject to the excise tax withholding under 26 U.S.C. 5000C; and

(ii) Comply with paragraph (c)(1) of this clause.

(d) The Government will withhold a full 2 percent of each payment unless the Contractor claims an exemption. If the Contractor enters a ratio in Line 12 of the IRS Form W-14, the result of Line 11 divided by Line 10, the Government will withhold from each payment an amount equal to 2 percent multiplied by the contract ratio. If the Contractor marks box 9 of the IRS Form W-14 (rather than completes Lines 10 through 12), the Contractor must identify and enter the specific exempt and nonexempt amounts in Line 15 of the IRS Form W-14; the Government will then withhold 2 percent only from the nonexempt amount. See the IRS Form W-14 and its instructions.

(e) Exemptions from the withholding under this clause are described at 26 CFR 1.5000C-1(d)(5) through (7). Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue.

(f) Taxes imposed under 26 U.S.C. 5000C may not be—

(1) Included in the contract price; nor

(2) Reimbursed.

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

(End of Clause)

2.18 52.233-2 SERVICE OF PROTEST (SEP 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

William Henkel William.henkel@va.gov Hand-Carried Address:

Program Contracting Activity Central 6100 Oak Tree Blvd., Suite 490 Independence, OH 44131

Mailing Address:

Program Contracting Activity Central 6100 Oak Tree Blvd., Suite 490 Independence, OH 44131

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

(End of Provision)

2.19 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Provision)

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

(End of Clause)

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

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

(b) The protest will not be…