36C77624R0154_1_.docx

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Y1LZ--Expand Medical Center Site Saginaw Minor Construction
Solicitation number
36C77624R0154
Issued by

About this file

This is a Request for Proposal (RFP) for construction services to expand the Saginaw VA Medical Center in Saginaw, Michigan. The solicitation (36C77624R0154) is a 100% Service-Disabled Veteran-Owned Small Business (SDVOSB) set-aside with an estimated value between $5-10 million under NAICS code 237990.

The project requires the contractor to prepare the site for operations, including demolition and removal of existing structures and vegetation, and perform construction work per provided drawings and specifications. The period of performance is 551 calendar days after Notice to Proceed. Proposals are due January 3, 2025 at 1:00 PM EST, with a pre-proposal site visit scheduled for December 11, 2024 at 10:00 AM EST. Technical questions are due by December 13, 2024 at 1:00 PM EST. The evaluation will use a Lowest Price Technically Acceptable (LPTA) approach, requiring offerors to submit past performance examples of at least two construction projects valued at $5M+ under NAICS 237, plus experience with phasing, traffic control at medical facilities, and civil infrastructure work including utility relocation. A bid guarantee of 20% (not to exceed $3M) is required, along with performance and payment bonds.

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Other files

File Type Posted
36C77624R0154_0008.pdf PDF
36C77624R0154_0007.pdf PDF
Amendment 0006 - ATT 4 - VA Signage DM Parking Lot Drawings Pages 538-675.pdf PDF
Amendment 0006 - ATT 3 - 282600 Electronic Personal Protection System_ Edited 12-30-2024 per RFI.pdf PDF
Amendment 0006 - ATT 2 - 282300 Video Surveillance_Edited 1-8-2025 per RFI.pdf PDF
Amendment 0006 - ATT 1 - 655-401 Expand Site - Site Utility Structures 1-8-2025.xlsx XLSX spreadsheet
36C77624R0154 0006.pdf PDF
36C77624R0154 0005.pdf PDF
Amendment 0005 - ATT 05 - Wage Rate Determination - Saginaw 010325.pdf PDF
Amendment 0004 - ATT 2 - Site Visit Sign-In Sheet 12-11-2024.pdf PDF
36C77624R0154 0004.pdf PDF
Amendment 0004 - ATT 1 - Pre Bid Conference - Saginaw.pdf PDF
36C77624R0154 0003.pdf PDF
36C77624R0154 0002.docx DOCX document
ATTACHMENT 08 - Pre-proposal Site Visit Agenda with maps REVISED 112724.pdf PDF
36C77624R0154 0001.pdf PDF
ATTACHMENT 08 - Pre-proposal Site Visit Agenda with maps.pdf PDF
ATTACHMENT 07 - 655-401 GFP Pole Mounted Radar Speed Sign.pdf PDF
ATTACHMENT 11 - 655-401 Expand Site - Site Utility Structures.xlsx XLSX spreadsheet
ATTACHMENT 09 - 655-401 Expand Site Construction Schedule_APP.pdf PDF
ATTACHMENT 02-01 - 655-401 Expand Medical Center Site Drawings_R2.pdf PDF
ATTACHMENT 03 - 655-401 Geotechnical Report 10-27-2021.pdf PDF
ATTACHMENT 05 - Wage Rate Determination - Saginaw 112124.pdf PDF
ATTACHMENT 10 - 655-401 Expand Site - Light Pole Tags.xlsx XLSX spreadsheet
ATTACHMENT 02-02 - 655-401 Expand Medical Center Site Drawings_R2.pdf PDF
ATTACHMENT 06 - Brand Name Justifcation - Saginaw_Redacted.pdf PDF
ATTACHMENT 01 - 655-401 Expand Site - Specifications.pdf PDF
ATTACHMENT 04 - Limitations on Subcontracting - Construction.pdf PDF
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1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

Prescribed by GSA-FAR (48 CFR) 52.236-1(d)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SEALED BID (IFB)

NEGOTIATED (RFP)

11. The Contractor shall begin performance within ____________ calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See _____________________________).

YES

NO

a.

Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

b.

An offer guarantee is, is not required.

c.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d.

Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

Of 76

36C77624R0154

X 11-26-2024

TBD

655-401 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 Dawn N. Schydzik Dawn.Schydzik@va.gov In accordance with 38 U.S.C. § 8127 (Public Law 109-461), this procurement is set-aside for SDVOSBs. This is a construction acquisition utilizing a Lowest Price Technically Acceptable (LPTA) evaluation approach.

The Contractor shall completely prepare the project site for operations including demolition and removal of existing structures and vegetation and furnish all necessary labor, tools, miscellaneous materials, equipment, and supervision and perform work at the Saginaw VA Medical Center. Project 655-401, Saginaw Michigan, Expand Medical Center. Work shall be performed as specified in drawings and specifications.

This project is located at:

Saginaw VA Medical Center 1500 Weiss Street Saginaw, Michigan 48602

NAICS Code: 237990 PSC Code: Y1LZ VAAR Magnitude of Construction is between $5,000,000.00 and $10,000,000.00

For instruction concerning the organized Site Visit see section 2.4 Preproposal Site Visit

Please Note: The Contractor agrees to attend any post award conferences convened by the contracting activity.

X X

52.211-10 X

13:00

EST

01-03-2025 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( 41 U.S.C. 3304(a) (

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31a. NAME OF CONTRACTING OFFICER

TO SIGN

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. AWARD DATE

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

(Include ZIP Code) (Include area code) (Include only if different than Item 14.)

(Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each) (Type or print) (4 copies unless otherwise specified) (Type or print) (Type or print) (Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

(Must be fully completed by offeror) (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

Jennifer Braaten

Table of Contents

PART I - THE SCHEDULE1
SECTION A - SOLICITATION/CONTRACT FORM1
A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)1
A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION, ALTERATION, OR REPAIR)– BACK2
A.3 PRICE/COST SCHEDULE6
ITEM INFORMATION6
INFORMATION REGARDING PROPOSAL MATERIAL, BID GUARANTEE AND BONDS6
1.1 BID MATERIAL:6
1.2 BID GUARANTEE:7
1.3 PAYMENT & PERFORMANCE BONDS:7
1.4 TAXES:7
Special Notes regarding FAR 52.229-3: Federal, State and Local Taxes:7
INSTRUCTIONS, CONDITIONS, AND OTHER STATEMENTS TO OFFERORS8
2.1 AVAILABILITY OF SOLICITATION DOCUMENTS8
2.2 REQUEST FOR PROPOSAL:8
2.3 SDVOSB SET-ASIDE8
2.4 PRE-PROPOSAL SITE VISIT:8
2.5 TECHNICAL QUESTIONS:8
2.6 AMENDMENTS9
2.7 PREPARATION OF PROPOSALS9
2.8 PROPOSAL REQUIREMENTS9
2.9 DETERMINATION OF RESPONSIBILITY13
2.10 VETS 421213
2.11 SYSTEM FOR AWARD MANAGEMENT (SAM)13
2.12 REVIEW REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)14
2.13 BACKGROUND INVESTIGATIONS AND SPECIAL AGREEMENT CHECKS14
2.14 REFERENCES TO VA ENGINEER, RESIDENT ENGINEER, OR PROJECT MANAGER14
2.15 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)15
2.16 52.216-1 TYPE OF CONTRACT (APR 1984)15
2.17 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014)15
2.18 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)15
2.19 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014) ALTERNATE II (NOV 2023)17
2.20 52.228-1 BID GUARANTEE (SEP 1996)18
2.21 52.233-2 SERVICE OF PROTEST (SEP 2006)18
2.22 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)19
2.23 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)19
2.24 52.211-6 BRAND NAME OR EQUAL (AUG 1999)20
2.25 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)21
2.26 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)21
2.27 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)21
2.28 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY NOTICE (FEB 2023)22
REPRESENTATIONS AND CERTIFICATIONS23
3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2024)23
3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)27
3.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)29
3.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)31
3.5 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—CERTIFICATION (NOV 2021)32
3.6 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND REPRESENTATION (JUN 2020)34
GENERAL CONDITIONS36
4.1 52.203-14 DISPLAY OF HOTLINE POSTER(S) (NOV 2021)36
4.2 52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—PROHIBITION (DEC 2023)37
4.3 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ALTERNATE I (APR 1984)41
4.4 52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022)41
4.5 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (FEB 2024)43
4.6 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED ITEMS (MAY 2008)46
4.7 52.223-20 AEROSOLS (MAY 2024)47
4.8 SUPPLEMENTAL INSURANCE REQUIREMENTS48
4.9 52.236-4 PHYSICAL DATA (APR 1984)48
4.10 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)49
4.11 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)49
4.12 52.223-21 FOAMS (MAY 2024)51
4.13 52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (NOV 2023)51
4.14 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)58
4.15 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)60
4.16 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)63
4.17 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)65
4.18 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019)66
4.19 VAAR 852.236-72 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 2019)67
4.20 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019)68
4.21 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019)68
4.22 VAAR 852.236-90 RESTRICTION ON SUBMISSION AND USE OF EQUAL PRODUCTS (APR 2019)68
4.23 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT ADMINISTRATION (OCT 2020)69
4.24 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)70
4.25 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT (SEP 2019)70
4.26 MANDATORY WRITTEN DISCLOSURES72
4.27 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)72
4.28 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)72
4.29 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (MAY 2020)72
4.30 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)72
4.31 VAAR 852.232-71 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (INCLUDING NAS– CPM) (NOV 2018)73
ATTACHMENTS77

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1.00
JB
__________________
__________________

BASE: The Contractor shall furnish all labor, materials, tools, equipment, and supervision necessary to perform and complete the work associated with project #655-401, "Expand Medical Center - Saginaw Site", in support of the Saginaw VA Medical Center, located in Saginaw, Michigan, as shown in the attached contract documents.

The period of performance (POP) for Line Item 0001 is 551 calendar days after the contractor receives the Notice to Proceed (NTP). Pricing should be in whole dollars.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 237990 - Other Heavy and Civil Engineering Construction PRODUCT/SERVICE CODE: Y1LZ - Construction of Parking Facilities

GRAND TOTAL
__________________

NOTICE

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

1. Offerors must provide a lump sum price for Line Item 0001 (Base). Failure to do so may render their offer as unacceptable.

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

1. Pricing shall be submitted in whole dollar values. Please do NOT include pricing in cents.

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

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

Page 1 of Page 1 of

INFORMATION REGARDING PROPOSAL 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 GUARANTEE:

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

1.3 PAYMENT & PERFORMANCE BONDS:

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

1.4 TAXES:

Contractor must take into account FAR 52.229-3; “Federal, State and Local Taxes” and its Special Note in their pricing. The FAR clause and its Special Note provide guidance on taxes being applied to pricing.

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

Offerors are hereby notified that under Michigan Compiled Laws, Chapter 205 Taxation, Sections 205.54w & 205.54s, Michigan exempts from sales and use taxes personal property purchased by construction contractors that will be affixed to and made a structural part of a non-profit hospital. A “non-profit hospital” is defined as that portion of a building owned or operated by a governmental unit in which medical attention is provided, as well as that portion of real property necessary and related to a such a building. Therefore, VA has determined that the contractor’s purchase of such building and construction materials that will be affixed to or made a structural part of this particular VA construction project is exempt from Michigan Sales or Use Tax. To take advantage of the tax exemption the successful offeror under this solicitation must complete a Michigan Sales and Use Tax Certificate of Exemption and keep on file as required by the Michigan Tax Code.

Notwithstanding FAR 52.229-3, all bids received in response to this solicitation are presumed to reflect any tax benefit that may be realized upon the execution of the exemption certificate.

INSTRUCTIONS, CONDITIONS, AND OTHER STATEMENTS TO OFFERORS

2.1 AVAILABILITY OF SOLICITATION DOCUMENTS

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

2.2 REQUEST FOR PROPOSAL:

This is a Request for Proposal (RFP) in accordance with FAR Part 15. Award will be made to the offeror whose proposal represents the “best value” to the Government Utilizing the Lowest Price Technically Acceptable (LPTA) method of evaluation. In order to receive consideration for award, a rating of ACCEPTABLE must be achieved for Factor 1 Project Experience (Technical). A responsibility determination will be made in accordance with FAR 9.1, Responsible Prospective Contractors. All proposals shall be subject to evaluation by a team of Government personnel. The Government reserves the right to award without discussions based upon the initial evaluation of the proposals.

Evaluations will be based on the following evaluation factors:

1. Project Experience (Technical)

2. Price

2.3 SDVOSB SET-ASIDE

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

2.4 PRE-PROPOSAL SITE VISIT:

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

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

2.5 TECHNICAL QUESTIONS:

Questions of a technical nature must be submitted by prospective offerors via e-mail to: Dawn.Schydzik@va.gov and Jennifer.Braaten@va.gov. The subject line of each e-mail must read: Expand Medical Center – Saginaw – Prj 655-401 – Technical Questions. Oral questions of a technical nature are not acceptable due to the possibility of misunderstanding or misinterpretation. THE CUT-OFF DATE AND TIME FOR RECEIPT OF QUESTIONS IS DECEMBER 13, 2024, AT 1:00 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 shall result in a proposal being considered ineligible for award as incomplete.

2.7 PREPARATION OF PROPOSALS

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

2.8 PROPOSAL REQUIREMENTS

A. General:

1. Proposal Submission: Offerors must submit their proposals via e-mail to Dawn.Schydzik@va.gov and Jennifer.Braaten@va.gov. Proposals must be based on solicitation documents issued for RFP number 36C77624R0154. Proposals will be in the format set forth in this document. Proposals shall be received on or before the date and time specified in Block 13 of the SF 1442. There will be no public opening of the proposals. Only proposals submitted by email will be accepted. Hard-copy proposals will not be accepted.

B. Proposal Format:

1. Technical, Price and Administrative sections of the Offerors proposals will be evaluated independently; therefore, the Offeror must submit the proposal in three (3) Volumes: Volume I Technical, Volume II Price and Volume III Administrative. Offerors must send Volumes I, II and III as attachments in separate e-mails. Each volume must be labeled with the Offeror's organization, business address, and VA Solicitation Number. Each volume must be submitted as searchable PDF documents attached to an e-mail. Portions of proposals submitted via drop-box, hyperlink, or format rather than a searchable PDF attached to an email will not be considered, which may render the proposal incomplete. The proposal, in its entirety, shall not exceed three (3) e-mails (one e-mail for each volume). Each e-mail, including its attachments, must be less than 5MB in size. Offerors must Include page numbers and its company name in the header or footer of each page of all attachments.

2. Volume I Technical: Offerors shall format Volume I Technical proposal as listed below. The specific evaluation criteria and methodology is below.

a. Volume I, Technical must include a title page, detailed table of contents and preface and shall be submitted in one (1) PDF document. Offerors must not include any price or price related material in the Volume I Technical proposal. Use graphic presentations where such use will contribute to the compactness and clarity of the proposal.

b. The Offeror’s proposal must address the evaluation factor and subfactors listed in this solicitation. Failure to submit a proposal in the format required that addresses the factor and subfactors shall result in the proposal being deemed ineligible for award.

3. Volume II Price: Offerors shall format the Volume II Price proposal as listed below. The specific evaluation criteria and methodology is below.

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

b. Offerors shall ensure the Signed Standard Form (SF) 1442 is provided. Offerors shall acknowledge receiving amendments by filling out section 19 of the SF 1442.

c. Bid Guarantee: The Offeror shall furnish a bid guarantee as set forth in the solicitation (see FAR 52.228-1). Pricing shall be Firm Fixed Price. The bid guarantee shall be provided on Standard Form 24. The bid bond shall be submitted as part of the electronic submission. In accordance with Class Deviation from the Federal Acquisition Regulation to Eliminate Hard Copy Original Documents, Signatures, Notarization, Seals on Bonds, and Other Seals for Certain Contract Requirements issued by the VA Executive Director, Office of Acquisition and Logistics and the Senior Procurement Executive on May 11, 2020, the requirement for an original bond, with the original signatures, notarization and seals has been eliminated.

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

4. Volume III Administrative Information: If an offeror fails to include all of the below information in its proposal, then the proposal may be deemed incomplete and ineligible for award.

a. Representations & Certifications:

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

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

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

c. Information Regarding Responsibility Matters:

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

d. Violation of Arms Controls Treaties or Agreements:

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

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

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

f. Post Award Small Business Program Representations:

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

g. Limitations on Subcontracting:

The offeror shall complete and sign the VA Notice of Limitations on Subcontracting - Certificate of Compliance for Services and Construction required in VAAR 852.219-75 and return it with their proposal submission attached as a separate document (Limitations on Subcontracting). The completed and signed form will become part of the official award documentation. Failure to sign the Certification 852.219-75 renders that offeror technically unacceptable outright and it will not be eligible for award.

h. Notice to SDVOSB Joint Venture/Mentor Protégé: Any offeror submitting a proposal as a joint venture must provide a certification from each SDVOSB joint partner, signed by an authorized official of each partner to the joint venture, stating that the parties to the joint venture (1) have entered into a joint venture agreement that fully complies with paragraph (c) of 13 CFR § 128.402 and (2) will perform the contract in compliance with the joint venture agreement. Failure to submit the certification with the offeror’s proposal, shall result in the rejection of the proposal.

C. Technical Proposal Requirements: The proposal must address the following submission requirements for Factor 1 Project Experience (Technical)

1. Factor 1, Project Experience (Technical):

Offerors shall provide a minimum of two and no more than five prior projects that meet the minimum requirements defined below. Project experience shall be within the last seven (7) years from the date of RFP posting.

Include all of the following:

· Provide examples of previous performance on at least two (2) construction projects under NAICS 237* that are at least $5M in value. (*Any project with NAICS 237110 – 237990 is acceptable)

· Provide an example of prior experience on at least one (1) construction project that executed specified phasing.

· Provide an example of prior experience on at least one (1) construction project that required traffic control for an active medical facility.

· Provide an example of prior experience on at least one (1) construction project that required civil infrastructure work which included relocation of existing utilities.

· Provide an example of Project Management software used on a project, e.g. Submittals, meeting minutes, correspondence, etc.

D. Volume II – Price Proposal Requirements

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

b. The prices must be Firm Fixed Price. The Offeror must take care not to include remarks that take exception to the Government’s Specifications/Drawings or pricing requirements or otherwise preclude the Government from evaluating the offer, which will result in the offeror’s proposal being rejected.

E. Evaluation Methodology:

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

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

To receive consideration for award, a rating of ACCEPTABLE must be achieved for Factor 1, Project Experience (Technical)

ACCEPTABLE is defined as: the Offeror provided examples that meet all of the Government’s minimum requirements as identified in the solicitation.

UNACCEPTABLE is defined as: the Offeror failed to provide examples that meet all of the Government’s minimum requirements as identified in the solicitation.

Factor 1 Project Experience (Technical): The minimum requirements for an Acceptable Rating include all of the following:

· Acceptability is determined when two (2) examples of project experience that demonstrate:

· Project under NAICS 237* (*Any project with NAICS 237110 – 237990 is acceptable)

· Project value was $5M or greater.

· Project performance was within the last seven years from the date of the RFP posting.

· Acceptability is determined when one (1) example of project experience that demonstrates:

· Execution of specified phasing. (Previously performed within the last seven (7) years from the date of RFP posting).

· Acceptability is determined when one (1) example of project experience that demonstrates:

· Traffic control for an active medical facility. (Previously performed within the last seven (7) years from the date of RFP posting).

· Acceptability is determined when one (1) example of project experience that demonstrates:

· Civil infrastructure work which included relocation of existing utilities (Previously performed within the last seven (7) years from the date of RFP posting).

· Acceptability is determined when one (1) example of project experience that demonstrates:

· Project Management Software use on a construction project. (Previously performed within the last seven (7) years from the date of RFP posting).

Factor 2 Price: The total evaluated price will be determined by the offeror's price provided on the Price Schedule. Offeror must also submit a detailed Schedule of Values with price proposal. The lowest priced offer must be determined to represent fair and reasonable pricing.

Note: If none of the offerors are within the available funding limitation or is otherwise determined to be other than fair and reasonable, the VA reserves the right to enter into discussions with those offerors who are determined to be within the competitive range.

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

2.9 DETERMINATION OF RESPONSIBILITY

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

2.10 VETS 4212

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

2.11 SYSTEM FOR AWARD MANAGEMENT (SAM)

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

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

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

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

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

2.13 BACKGROUND INVESTIGATIONS AND SPECIAL AGREEMENT CHECKS

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

2.14 REFERENCES TO VA ENGINEER, RESIDENT ENGINEER, OR PROJECT MANAGER

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

2.15 52.201-1 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 Clause)

2.16 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)

2.17 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)

2.18 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

Goals for minority participation for each trade
Goals for female participation for each trade
1.2 %
6.9 %

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

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

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

(End of Provision)

2.19 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014) ALTERNATE II (NOV 2023)

(a) Definitions. "Bahraini, Mexican, or Omani construction material," "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, except foreign construction material from a designated country other than Bahrain, Mexico, or Oman 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 other than Bahraini, Mexican, or Omani 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 other than Bahraini, Mexican, or Omani 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)

2.20 52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

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

(c) The amount of the bid guarantee shall be 20 percent of the bid price or 3,000,000.00, whichever is less.

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

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

(End of Provision)

FAR Number
Title
Date
52.228-17
INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE)
FEB 2021

2.21 52.233-2 SERVICE OF PROTEST (SEP 2006)

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

Jennifer Braaten

Hand-Carried Address:

Department of Veterans Affairs Program Contracting Activity Central

6100 Oak Tree Blvd., Suite 490 Independence OH 44131 Mailing Address:

Jennifer Braaten Department of Veterans Affairs 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)

2.22 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for— December 11, 2024, at 10:00 AM EST

(c) Participants will meet at— Aleda E. Lutz VA Medical Center (See Attachment 08) (End of Provision)

2.23 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)

FAR Number
Title
Date
52.204-7
SYSTEM FOR AWARD MANAGEMENT
OCT 2018
52.204-16
COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING
AUG 2020
52.204-22
ALTERNATIVE LINE ITEM PROPOSAL
JAN 2017

2.24 52.211-6 BRAND NAME OR EQUAL (AUG 1999)

(a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation.

(b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must—

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by—

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation.

(End of Provision)

FAR Number
Title
Date
52.215-1
INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITION
NOV 2021
52.236-28
PREPARATION OF PROPOSALS—CONSTRUCTION
OCT 1997

2.25 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)

2.26 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…

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