Soliocitation 36C77625B0003 - Updated 4-10-25.pdf

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Y1DA--589-702 Construct Endoscopy Suite (VA-25-00001401) Federal contract opportunity
Solicitation number
36C77625B0003
Issued by
Department of Veterans Affairs Technology Acquisition Center Austin

About this file

This document is a solicitation for a construction contract (Solicitation Number 36C77625B0003) for the Department of Veterans Affairs to construct an endoscopy suite at the Robert J. Dole VA Medical Center in Wichita, Kansas. The project is a 100% set-aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSB) with a total budget of $20 million, covering a three-level, approximately 15,000 square foot addition to Building 34.

The solicitation requires the contractor to construct a facility with a surgical waiting and recovery space on the second floor, an Office of Information and Technology (OI&T) area with a Tier 3 Level MCR on the first floor, and a Bio-Medical Repair & Maintenance space on the ground floor, plus a mechanical penthouse. Key submission details include a bid submission deadline of April 24, 2025 at 1:00 PM EDT, with a contract performance period of 608 calendar days. The project involves carefully phased construction in an occupied building, necessitating coordination to maintain uninterrupted medical care functions. Bidders must be certified in the SBA Veteran Small Business Certification database and comply with specific limitations on subcontracting.

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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.

1 - 96

36C77625B0003 X

04-10-2025

589-702

36C776

Thomas Council Department of Veterans Affairs Program Contracting Activity Central 6100 Oak Tree Blvd, Suite 490 Independence OH 44131

Thomas Council Department of Veterans Affairs Program Contract Activity Central 6100 Oak Tree Blvd, Suite 490 Independence OH 44131

Thomas Council 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 provide all tools, equipment, materials, labor, supervision, personnel, and shall do all things necessary that will result in the completion of the Construct Endoscopy Suite (Minor) construction project, in accordance with the attached Specifications and Drawings.

The project is located at the:

Robert J. Dole VA Medical Center 5500 E. Kellogg Ave.

Wichita, KS 67218

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

The statutory cost limitation for Minor projects is $30,000,000 (reference 38 U.S.C. 8104). IAW FAR 36.205, the Government shall reject an offer if its prices exceed applicable statutory limitations.

The current budget available for this minor construction procurement is $20,000,000.

Please note: that all potential bidders must provide this updated version of the solicitation with their bid submission.

FAILURE TO PROVIDE THE UPDATED VERSION SHALL RESULT IN YOUR BID BEING DEEMED NON-RESPONSIVE AND INELIGIBLE FOR AWARD.

10 (TEN) 608

X X 52.211-10

X 10 (TEN)

0 (ZERO) 1:00 PM EDT

04-24-2025

X

90 (NINETY)

14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

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

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO 10 U.S.C. 2304(c)( ) 41 U.S.C. 3304(a) ( )

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY

PHONE: FAX:

28. NEGOTIATED AGREEMENT 29. AWARD Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

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

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

TO SIGN

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

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

(Include ZIP Code) (Include area code)

(Include only if different than Item 14.)

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

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

(Type or print)

(4 copies unless otherwise specified)

(Type or print) (Type or print)

(Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

(Must be fully completed by offeror)

(To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

SEE PRICE SCHEDULE

36C776

Department of Veterans Affairs Program Contracting Activity Central

6100 Oak Tree Blvd, Suite 490 Independence OH 44131

VAFSC

Department of Veterans Affairs Financial Services Center Invoices to be Submitted Electronically https://www.fsc.va.gov/einvoice.asp e-Invoice Setup Info Phone 877-489-6135 877-353-9791 512-460-5429

Joseph Rossano

VA-VHA-RPOC-2024-0016

Table of Contents

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

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

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

ALTERATION, OR REPAIR)– BACK

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

1.1 BID MATERIAL:

1.2 BID GUARANTEE:

1.3 PAYMENT & PERFORMANCE BONDS:

1.4 TAXES:

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 AVAILABILITY OF SOLICITATION DOCUMENTS:

2.2 INVITATION FOR BID:

2.3 SDVOSB SET-ASIDE:

2.4 TECHNICAL QUESTIONS:

2.5 AMENDMENTS:

2.6 PRE-BID SITE VISIT:

2.7 PREPARATION OF BIDS:

2.8 BID SUBMISSION:

2.9 DETERMINATION OF NON-RESPONSIVE:

2.10 DETERMINATION OF RESPONSIBILITY:

2.11 VETS 4212:

2.12 SYSTEM FOR AWARD MANAGEMENT (SAM):

2.13 CONTRACT AWARD:

2.14 REVIEW REQUIRED REGISTRATION WITH CONTRACTOR

PERFORMANCE ASSESSMENT SYSTEM (CPARS):

2.15 BACKGROUND INVESTIGATIONS AND SPECIAL AGREEMENT CHECKS:

2.16 REFERENCES TO VA ENGINEER, RESIDENT ENGINEER OR PROJECT

MANAGER:

2.17 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

2.18 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

2.19 52.216-1 TYPE OF CONTRACT (APR 1984)

2.20 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY

SITE OF THE WORK (MAY 2014)

2.21 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION

MATERIALS UNDER TRADE AGREEMENTS (MAY 2014)

2.22 52.228-1 BID GUARANTEE (SEP 1996)

2.23 52.233-2 SERVICE OF PROTEST (SEP 2006)

2.24 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB

1995)

2.25 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

2.26 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION (OCT 2018)

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

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

ITEMS (APR 2019)

2.29 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY NOTICE (FEB 2023)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN

2025)(DEVIATION FEB 2025)

3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

3.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

3.4 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—

CERTIFICATION (NOV 2021)

3.5 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND

REPRESENTATION (JUN 2020)

GENERAL CONDITIONS

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

4.2 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS (NOV 2021)

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

PROHIBITION (DEC 2023)

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

(APR 1984)

4.5 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(JAN 2025)

4.6 52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (AUG 2018)

(DEVIATION FEB 2025)

4.7 52.222-11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014) (DEVIATION

FEB 2025)

4.8 52.222-12 CONTRACT TERMINATION—DEBARMENT (MAY 2014) (DEVIATION

FEB 2025)

4.9 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT

FOR EPA-DESIGNATED ITEMS (MAY 2008)

4.10 52.223-20 AEROSOLS (MAY 2024)

4.11 52.223-21 FOAMS (MAY 2024)

4.12 52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER TRADE

AGREEMENTS (NOV 2023)

4.13 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN

1997)

4.14 SUPPLEMENTAL INSURANCE REQUIREMENTS

4.15 52.228-11 INDIVIDUAL SURETY—PLEDGE OF ASSETS (FEB

2021)(DEVIATION APR 2020)

4.16 52.228-15 PERFORMANCE AND PAYMENT BONDS—CONSTRUCTION (JUN

2020)(DEVIATION APR 2020)

4.17 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

4.18 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB

1997) ALTERNATE II (APR 1984)

4.19 52.244-6, SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025)

4.20 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

4.21 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

4.23 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

4.24 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (MAY 2020)

4.25 VAAR 852.204-71 INFORMATION AND INFORMATION SYSTEMS SECURIT

(FEB 2023)

4.26 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN OWNED SMALL BUSINESSES (JAN

2023)(DEVIATION)

4.27 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING--

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN

2023)(DEVIATION)

4.28 VAAR 852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899.

(DEVIATION) (APR 2025)

4.29 VAAR 852.223-71 SAFETY AND HEALTH (SEP 2019)

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

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

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

4.32 VAAR 852.232-70 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION

CONTRACTS (WITHOUT NAS– CPM) (NOV 2018)

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

2018)

4.34 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(APR 2019)

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

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

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

PRODUCTS (APR 2019)

4.38 VAAR 852.239-76 INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY (FEB 2023)

4.39 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) .. 94

4.40 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT

(SEP 2019)

4.41 MANDATORY WRITTEN DISCLOSURES

4.42 LIST OF ATTACHMENTS

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 JB

ITEM 1, GENERAL CONSTRUCTION (BASE BID): INCLUDES ALL

SCOPE COMMUNICATED IN THE DRAWINGS AND

SPECIFICATIONS.

THE CONTRACTOR SHALL COMPLETE THE ENTIRE PROJECT

NO LATER THAN 608 CALENDAR DAYS AFTER THE

CONTRACTOR RECEIVES THE NOTICE TO PROCEED.

ITEM 2, (DEDUCT 1): INCLUDES ALL WORK CONTAINED IN ITEM

1 GENERAL CONSTRUCTION WITH THE FOLLOWING

EXCEPTIONS:

2. OMIT ALL SCOPE OF WORK RELATED TO THE OIT MCR.

DETAILS: OMIT ALL SCOPE OF WORK RELATED TO THE OIT

MCR INCLUDING THE FIRE SUPPRESSION SYSTEM, CRAC

UNITS, CONDENSERS, DRY COOLER, SUPPORTING PIPING,

ELECTRICAL CONNECTIONS, CONTROLS, UPS UNITS,

NETWORK AND SERVER CABINETS, ACCESS CONTROLS,

INTRUSION DETECTION, SECURITY DEVICES, LADDER TRAYS,

AND CABLING. THE DIVIDING WALL BETWEEN THE MCR AND

OIT WORKSTATIONS SHALL REMAIN, ALONG WITH

STRUCTURAL DOOR OPENINGS CONNECTING BUILDING 34.

FAN COIL UNITS SHALL REMAIN FOR SHELL SPACE

TEMPERING. PIPING WITHIN CHASES AND ABOVE

ENDOSCOPY SPACES SHALL REMAIN, VALVED AND CAPPED,

FOR FUTURE CONNECTION AND INSTALL OF MCR

INFRASTRUCTURE. THE EAST MECHANICAL ROOM

SEPARATING WALL SHALL BE OMITTED AND THE WEST

MECHANICAL ROOM SEPARATING WALL SHALL REMAIN FOR

PIPE ROUTING.

THE CONTRACTOR SHALL COMPLETE THE ENTIRE PROJECT

ITEM 3, (DEDUCT 2): INCLUDES ALL DEDUCT ITEMS

IDENTIFIED IN ITEM 2 (DEDUCT 1) WITH THE FOLLOWING

EXCEPTIONS:

3A. OMIT ALL SCOPE OF WORK RELATED TO SECURITY

FENCE/GATES/GATE HARDWARE AND CONCRETE SIDEWALK

ON THE WEST SIDE OF BLDG. 34.

DETAILS: OMIT ALL SCOPE OF WORK RELATED TO

DEMOLITION OF EXISTING GUARDRAIL, NEW 4’ WIDE

CONCRETE SIDEWALK AND PATCHING TO EXISTING

CONCRETE WALKS, NEW 4’ WIDE SECURITY MAN GATE AND

EXITING HARDWARE, NEW 12’ WIDE SECURITY GATE, AND

NEW SECURITY FENCE.

3B. OMIT ALL SCOPE OF WORK RELATED TO RELOCATING

EXISTING SOLAR PANELS.

DETAILS: OMIT ALL SCOPE OF WORK RELATED TO

DISCONNECTING AND RELOCATING 40 EXISTING SOLAR

PANELS FROM BLDG. 34 TO THE NEW PENTHOUSE ROOF AS

WELL AS RELOCATING 19 EXISTING SOLAR PANELS TO THE

WEST SIDE OF BLDG. 34. OMIT ALL WALKWAY PADS AND FALL

PROTECTION SYSTEM ON THE NEW PENTHOUSE ROOF

WHICH GIVES ACCESS TO THESE SOLAR PANELS.

3C. OMIT ALL SCOPE OF WORK RELATED TO THE BLDG. 34

(SECOND FLOOR) WAITING ROOM REMODEL.

DETAILS: OMIT ALL SCOPE OF WORK RELATED TO

DEMOLITION, NEW CEILING, NEW FINISHES FOR THE 826 SF

WAITING ROOM REMODEL (ROOM 299-37).

THE CONTRACTOR SHALL COMPLETE THE ENTIRE PROJECT

ITEM 4, (DEDUCT 3): INCLUDES ALL DEDUCT ITEMS

IDENTIFIED IN ITEM 2 (DEDUCT 1) AND ITEM 3 (DEDUCT 2)

WITH THE FOLLOWING EXCEPTIONS:

4. REPLACE GENERATOR TIER 4 COMPLIANT EXHAUST

SYSTEM WITH AN EXHAUST VELOCITY FAN.

DETAILS: THE GENERATOR TIER 4 COMPLIANT EMISSIONS

SYSTEM AND ALL ASSOCIATED COMPONENTS AND LARGER

GENERATOR ENCLOSURE WILL BE REMOVED FROM THE

SCOPE OF THE PROJECT. THE GENERATOR WILL BE

PROVIDED WITH A STANDARD EXHAUST SYSTEM IN WHICH

THE EXHAUST STACK WILL BE ROUTED TO THE ROOF AT THE

NORTHEAST CORNER OF BUILDING 1B. AN EXHAUST

VELOCITY FAN WILL BE INSTALLED ON THE ROOF OF

BUILDING 1B IN ORDER TO FORCE THE EXHAUST ABOVE THE

ROOF LEVEL OF ALL SURROUNDING BUILDINGS.

THE CONTRACTOR SHALL COMPLETE THE ENTIRE PROJECT

ITEM 5, (DEDUCT 4): INCLUDES ALL DEDUCT ITEMS

IDENTIFIED IN ITEM 2 (DEDUCT 1), ITEM 3 (DEDUCT 2) AND

ITEM 4 (DEDUCT 3) WITH THE FOLLOWING EXCEPTIONS:

5. OMIT ALL SCOPE OF WORK RELATED TO BIO-MEDICAL

SPACES (GROUND FLOOR) AND LEAVE AS SHELL SPACE.

DETAILS: OMIT ALL SCOPE OF WORK RELATED TO THE

CONSTRUCTION OF ROOMS 027-37, 028-37, 029-37, 030-37,

031-37, 032-37, 033-37, 034-37, 035-37, 036-37, 037-37, 039-37, AND 040-37. OMIT ALL INTERIOR FRAMING, DOORS, DOOR

HARDWARE, CEILINGS, MILLWORK, FINISHES, FURNISHINGS,

AND EQUIPMENT. THIS FLOOR FROM DOOR 027-37 ON THE

EAST TO THE ELECTRICAL ROOMS 041-37 & 042-37 ON THE

WEST WILL BE LEFT AS SHELL SPACE. ALL NEW MECHANICAL,

ELECTRICAL AND PLUMBING ROUGH-INS TO REMAIN FOR

FUTURE BUILD-OUT.

THE CONTRACTOR SHALL COMPLETE THE ENTIRE PROJECT

ITEM 6, (DEDUCT 5): INCLUDES ALL DEDUCT ITEMS

IDENTIFIED IN ITEM 2 (DEDUCT 1), ITEM 3 (DEDUCT 2), ITEM 4

(DEDUCT 3), AND ITEM 5 (DEDUCT 4) WITH THE FOLLOWING

EXCEPTIONS:

6. OMIT ALL SCOPE OF WORK RELATED TO OI&T OFFICE

SPACE (FIRST FLOOR) AND LEAVE AS SHELL SPACE.

DETAILS: OMIT ALL SCOPE OF WORK RELATED TO THE

CONSTRUCTION OF ROOMS 179-37, 181-37, 182-37, 183-37,

184-37, 185-37, AND 186-37. OMIT ALL INTERIOR FRAMING,

DOORS, DOOR HARDWARE, CEILINGS, MILLWORK, FINISHES,

FURNISHINGS AND EQUIPMENT. THIS FLOOR FROM DOOR

180-37 ON THE EAST TO DOOR 187-37 ON THE WEST WILL BE

LEFT AS SHELL SPACE. ALL MECHANICAL, ELECTRICAL AND

PLUMBING ROUGH-INS TO REMAIN FOR FUTURE BUILD-OUT.

THE CONTRACTOR SHALL COMPLETE THE ENTIRE PROJECT

ITEM 7, (DEDUCT 6): INCLUDES ALL DEDUCT ITEMS

IDENTIFIED IN ITEM 2 (DEDUCT 1), ITEM 3 (DEDUCT 2), ITEM 4

(DEDUCT 3), ITEM 5 (DEDUCT 4), AND ITEM 6 (DEDUCT 5) WITH

THE FOLLOWING EXCEPTIONS:

7. OMIT ALL SCOPE OF WORK RELATED TO ELEVATOR

EQUIPMENT.

DETAILS: OMIT ALL SCOPE OF WORK RELATED TO

EQUIPMENT SUPPLIED BY ELEVATOR MANUFACTURER

INCLUDING BUT NOT LIMITED TO: CABIN, RAILS, DOORS,

CONTROL PANELS, CONTROLLER CABINET. THE ELEVATOR

SHAFT AND OVERHEAD MACHINE ROOM WILL BE

CONSTRUCTED AND PREPARED FOR FUTURE ELEVATOR

INSTALLATION. DOOR ROUGH OPENINGS WILL BE INFILLED

WITH 2HR RATED SHAFT WALL.

THE CONTRACTOR SHALL COMPLETE THE ENTIRE PROJECT

NOTICE

1. Line Item 0001 (General Construction) contains all the work for this project. Each Line Item (Deduct) removes a portion of the work.

2. The intent is to award Line Item 0001 (General Construction). However, if the bid price exceeds the funds available for Line Item 0001 (General Construction), then Line Item 0002 (Deduct No. 1) will be applied. If the bid price exceeds the funds available for Line Item 0002 (Deduct No. 1), then Line Item 0003 (Deduct No. 2) will be applied. If the bid price exceeds the funds available for Line Item 0003 (Deduct No. 2), then Line Item 0004 (Deduct No. 3) will be applied. If the bid price exceeds the funds available for Line Item 0004 (Deduct No.

3), then Line Item 0005 (Deduct No. 4) will be applied. If the bid price exceeds the funds available for Line Item 0005 (Deduct No. 4), then Line Item 0006 (Deduct No. 5) will be applied. If the bid price exceeds the funds available for Line Item 0006 (Deduct No. 5), then Line Item 0007 (Deduct No. 6) will be applied.

3. Please reference VAAR 852.236-92 Notice to Bidders–Additive or Deductive Bid Line Items in the solicitation for additional details. Note: that the aggregate described in the aforementioned clause does not apply as written. The line items included in the price schedule, and this notice, include the removed work in each line item and only allow for one total line item to be selected for award. Multiple deduct line items cited as an aggregate format do not apply to this Invitation for Bid.

4. Bidders must provide a lump sum price for each of the Line Items. Failure to do so shall render their bid as nonresponsive.

5. Pricing should be submitted in whole dollar values. Please do NOT include pricing in cents.

6. Contractor is required to fill in their Unique Entity Identifier number associated with

SAM.gov in Block No. 14 on Standard Form (SF) 1442.

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

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE

AND BONDS

1.1 BID MATERIAL:

Bid materials consisting of drawings, specifications, and contract forms are included and/or attached as part of this Invitation for Bid (IFB). The VA will not provide printed copies of drawings or specifications. It is the responsibility of the offeror to obtain the bid 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 bid 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 bids, shall result in the rejection of the bid. Copies of the SF 24 may be obtained from https://www.gsa.gov/forms.

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

1.3 PAYMENT & PERFORMANCE 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 shall be submitted in accordance with FAR 52.228- 15 Performance and Payment Bonds – Construction (Deviation). Copies of SFs 25 and 25A may be obtained from https://www.gsa.gov/forms.

1.4 TAXES:

Contractor must take into account FAR 52.229-3; “Federal, State and Local Taxes” and the Special Note in their pricing. The FAR clause and the Special Note provide guidance on the application of tax exemptions to this project.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.gsa.gov%2Fforms&data=05%7C02%7C%7C11410e2a1a85494a88bb08dd1869093f%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C638693561584433544%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=Yi%2BxFea1hQB6oQlw7f%2F44NNIRNBnxHj9G1STWacUijs%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.gsa.gov%2Fforms&data=05%7C02%7C%7C11410e2a1a85494a88bb08dd1869093f%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C638693561584433544%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=Yi%2BxFea1hQB6oQlw7f%2F44NNIRNBnxHj9G1STWacUijs%3D&reserved=0

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO

BIDDERS/OFFERORS

2.1 AVAILABILITY OF SOLICITATION DOCUMENTS:

All solicitation related documents will be published to Contract Opportunities https://Sam.gov.

2.2 INVITATION FOR BID:

This solicitation is being issued as an Invitation for Bid (IFB) in accordance with FAR Part 14.

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 SDVOSB concerns will not be considered.

All SDVOSBs must be listed as “certified” by the Small Business Administration (SBA) Veteran Small Business Certification (VetCert). Bidders must be certified in the SBA VetCert database (Veteran Small Business Certification (sba.gov)) at TIME OF SUBMISSION OF BIDS AND TIME OF AWARD. Failure to be certified at the time of bid submission and time of award will result in the offeror’s bid being non-responsive and ineligible for award.

2.4 TECHNICAL QUESTIONS:

Questions of a technical nature must be provided in writing and shall be submitted by the prospective offerors to Thomas Council. Questions shall be submitted only via e-mail to:

thomas.council@va.gov. The subject line must read: Wichita - Construct Endoscopy Suite - 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 March 28, 2025 at 1:00 PM (ET).

2.5 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 all amendments shall result in your bid being deemed non-responsive and ineligible for award.

2.6 PRE-BID 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.

https://sam.gov/ https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fveterans.certify.sba.gov%2F&data=05%7C01%7C%7C8e7e79ec26e24b76315a08dafed3d7c1%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C638102483047735633%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=A6miKyttg2IAFGmDSciek4gm%2FPoHYc%2F0Uqk6dvC9Wlg%3D&reserved=0 mailto:thomas.council@va.gov https://sam.gov/

2.7 PREPARATION OF BIDS:

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

2.8 BID SUBMISSION:

A. GENERAL:

(a) Offerors shall submit their bids via email to: thomas.council@va.gov

(b) Only electronic bids will be accepted. No original or hard copies will be accepted.

(c) The bid opening will be conducted via teleconference. An in person bid opening will not be facilitated.

(d) 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. Also refer to FAR 52.228-15 (DEV APR 2020).

(e) Failure to provide electronic bids and the electronic copy of the bid bond on the date and time set for bid opening, may deem the bid non-responsive.

B. BID PACKAGE CONTENTS:

(a) Standard Form (SF) 1442 Solicitation, Offer and Award:

The Offeror shall complete & sign the “OFFER” section of the SF 1442. Please include your company’s Unique Entity Identifier number associate with SAM.gov in Block 14.

(b) Acknowledgement of All Amendments:

The offeror shall acknowledge all amendments by either 1.) Completing block 19 of the SF 1442, or 2.) Returning the signed amendment form(s) with the submission.

(c) Pricing Schedule:

The Offeror shall complete the Price Schedule contained in the solicitation. The Offeror shall submit separate pricing for all items listed.

(d) Bid Guarantee:

The Offeror shall furnish a bid guarantee (see FAR 52.228-1). The bid guarantee shall be provided on Standard Form 24.

(e) Representations & Certifications:

The offeror shall provide their Representations and Certifications or their response to FAR 52.204-8 (2) (i) or (ii) Annual Representations and Certifications.

(f) Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment:

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

(g) Information Regarding Responsibility Matters:

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

(h) Violation of Arms Controls Treaties or Agreements:

Offeror shall provide their response to FAR 52.209-13 (b) (1) or (2) Violation of Arms Controls Treaties or Agreements.

(i) Tax on Certain Foreign Procurements:

mailto:thomas.council@va.gov

Offeror shall provide their response to FAR 52.229-11 (d)

(j) Post Award Small Business Program Representations:

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

(k) Limitations on Subcontracting:

In accordance with VAAR 852.219-75, offeror shall complete ATTACHMENT 9 - VA Notice of Limitations on Subcontracting-Certificate of Compliance for Construction and return with their bid submission. Completed form will become part of the official award documentation. Failure to submit the fully completed and signed certification with the offeror’s bid, shall deem the bid non-responsive.

(l) Notice to SDVOSB Joint Venture/Mentor Protegee:

Any offeror submitting a bid 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 bid will render the offeror ineligible for award.

C. BID OPENING:

(a) Bids will be publicly read aloud. A conference line will be announced via an amendment to the solicitation approximately seven (7) calendar days prior to the receipt date for bids.

(b) In the event there are any concerns with the bids, in accordance with FAR 14.402-1 (c), Microsoft Teams will be used to assist in the examination of the bid(s).

2.9 DETERMINATION OF NON-RESPONSIVE:

Bids received pertaining to this solicitation will be reviewed for responsiveness. Failure to provide documentation as outlined in the Bid Submission section of the solicitation, at the date and time set for bid opening, shall deem the bid non-responsive.

2.10 DETERMINATION OF RESPONSIBILITY:

A Determination of Responsibility will be conducted for the apparent “low bidder/awardee” 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 cause for a negative Determination of Responsibility may make the Offeror ineligible for award.

2.11 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 http://www.dol.gov/vets/vets4212.htm 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.

2.12 SYSTEM FOR AWARD MANAGEMENT (SAM):

Federal Acquisition Regulations require that federal contractors register in the System for Award Management (SAM) database at http://www.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 and at the time of award in order to comply with the annual representations and certifications requirements (see FAR 52.204-7).

2.13 CONTRACT AWARD:

Award may only be made with the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the government, considering only price (see FAR 52.214-19).

Award will be made based on the Deduct line items in the order expressed that provide the most features within the funds determined to be available. The low price will be evaluated by the Contracting Officer prior to award to confirm that it is “a fair and reasonable price that is most advantageous to the Government.”

2.14 REVIEW REQUIRED REGISTRATION WITH CONTRACTOR

PERFORMANCE ASSESSMENT 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.

http://www.sam.gov/ http://www.cpars.gov/

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.

2.15 BACKGROUND INVESTIGATIONS AND SPECIAL AGREEMENT

CHECKS:

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

2.16 REFERENCES TO VA ENGINEER, RESIDENT ENGINEER OR PROJECT

MANAGER:

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

2.17 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)

2.18 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

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

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

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

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

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

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

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

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

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

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

(4) Brand;

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

(6) Item description;

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

https://www.sam.gov/

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

(End of Provision)

2.19 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)

2.20 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)

2.21 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)

2.22 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)

2.23 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:

Joseph Rossano Hand-Carried Address:

Joseph Rossano

Department of Veterans Affairs Program Contracting Activity Central 6100 Oak Tree Blvd, Suite 490 Independence, OH 44131

Mailing Address:

Joseph Rossano

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)

2.24 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—

See ATTACHMENT 11 - Site Visit Instructions

(c) Participants will meet at—

See ATTACHMENT 11 - Site Visit Instructions

(End of Provision)

2.25 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/

FAR

Number

Title Date

52.204-7 SYSTEM FOR AWARD MANAGEMENT NOV 2024

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING

AUG 2020

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL JAN 2017

52.211-6 BRAND NAME OR EQUAL AUG 1999

52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS DEC 2016

52.214-4 FALSE STATEMENTS IN BIDS APR 1984

52.214-5 SUBMISSION OF BIDS DEC 2016

52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS APR 1984

52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND

WITHDRAWALS OF BIDS

NOV 1999

52.214-18 PREPARATION OF BIDS—CONSTRUCTION APR 1984

52.214-19 CONTRACT AWARD—SEALED BIDDING—

CONSTRUCTION

AUG 1996

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE APR 1991

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY APR 1991

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

52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID

GUARANTEE)

FEB 2021

2.26 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION (OCT 2018)

(a) Any protest filed by an interested party shall—

(1) Include the name, address, fax number, email and telephone number of the protester;

(2) Identify the solicitation and/or contract number;

(3) Include an original signed by the protester or the protester’s representative and at least one copy;

(4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents;

(5) Specifically request a ruling of the individual upon whom the protest is served;

(6) State the form of relief requested; and

(7) Provide all information establishing the timeliness of the protest.

(b) Failure to comply with the above may result in dismissal of the protest without further consideration.

(c) Bidders/offerors and Contracting Officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.

(End of Provision)

2.27 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 considered if the interested party has a protest on the same or similar issue(s) pending with the Contracting Officer.

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