36C77625B0024_1.docx

36C77625B0024

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 of 36C77625B0024 X 06-30-2025 608-315 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 Sheila M. Vickers 843-577-5011 x1416 608-315 Construct Specialty Care Building, Manchester, NH

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 will be required to provide all labor, project management, materials, tools, supplies, and equipment as required by drawings and specifications to complete the necessary work for the Construct Specialty Care Building project. The location of the project is:

Manchester VA Medical Center 718 Smyth Rd Manchester, NH 03104

This project must be completed in accordance with specifications, drawings, and supporting attachments included in the solicitation package.

The VAAR Construction Magnitude for this project is between $10,000,000 and $20,000,000.

Contractor is required to fill in Unique Entity Identifier in Block No. 14 on Standard Form (SF) 1442.

All references in the Specs and Drawings to CLIN shall be replaced with the term Line Item.

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.

X X 52.211-10 X 1:00

EDT

08-14-2025 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

Table of Contents

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Base Work:

Contractor shall provide the necessary supervision, labor, equipment, material, transportation, testing, site surveying and infrastructure required to complete work for Design Specialty Care Building, VAMC Manchester, New Hampshire, in accordance with the Contract Documents, including Technical Specifications and Drawings. Work includes, but is not limited to, general construction, , concrete, structural steel, ceilings, casework, carpentry, partitions, doors, windows, louvers, finishes, miscellaneous specialties, exterior cladding (brick, metal panel, curtain wall), metals, roofing, mechanical, electrical, plumbing, fire protection, telephone and data cabling, security systems, equipment, site utilities, site work, landscaping and certain other items. The period of performance shall be seven hundred thirty (730) calendar days after the issuance of the Notice to Proceed (NTP).

Contract Period: Base

DEDUCT #1: Existing Transformer to remain in its existing location and not relocated as shown on the Civil Drawings.

The period of performance shall be seven hundred thirty (730) calendar days after the issuance of the Notice to Proceed (NTP).

DEDUCT #2: Omit Nurse Call system from bathrooms.

The period of performance shall be seven hundred thirty (730) calendar days after the issuance of the Notice to Proceed (NTP).

DEDUCT #3: Remove interior handrails.

The period of performance shall be seven hundred thirty (730) calendar days after the issuance of the Notice to Proceed (NTP).

DEDUCT #4: Replace Decorative Wall panels with high Impact drywall in all eye exam rooms. Reference drawing markups attached to the end of this specification.

The period of performance shall be seven hundred thirty (730) calendar days after the issuance of the Notice to Proceed (NTP).

DEDUCT #5: Omit Metal Panel Rainscreen over existing building as shown on drawings. Existing CMU wall to remain exposed.

The period of performance shall be seven hundred thirty (730) calendar days after the issuance of the Notice to Proceed (NTP).

DEDUCT #6: Remove all landscaping with the exception of “loam and seed.”

The period of performance shall be seven hundred thirty (730) calendar days after the issuance of the Notice to Proceed (NTP).

DEDUCT #7: Lower "High Roof Area" from 16' -6 to 14' -0" to match the roof deck elevation of the remainder of the addition.

The period of performance shall be seven hundred thirty (730) calendar days after the issuance of the Notice to Proceed (NTP).

DEDUCT #8: Remove equipment & all power wiring for HVAC associated with redundant penthouse and rooftop units, as indicated on the plans and diagrams.

The period of performance shall be seven hundred fifteen (715) calendar days after the issuance of the Notice to Proceed (NTP).

DEDUCT #9: Remove fixed safety rail, reference drawing markups attached to the end of this specification. Provide ballasted roof rails for north roof edge of the first floor only.

The period of performance shall be seven hundred fifteen (715) calendar days after the issuance of the Notice to Proceed (NTP).

DEDUCT #10: Remove Pump room / Basement from project. Equipment in Pump room would be provided in a manhole/Vault as described in marked up drawing attached to the end of this specification.

The period of performance shall be seven hundred fifteen (715) calendar days after the issuance of the Notice to Proceed (NTP).

GRAND TOTAL

NOTICE

1. Line Item 0001, Base Bid (General Construction) contains all the work for this project. Each Line Item (Deduct) is listed.

1. The intent is to award Line Item 0001, Base Bid (General Construction). However, if the bid price exceeds the funds available for Line Item 0001, Base Bid (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. If the bid price exceeds the funds available for Line Item 0007 (Deduct No. 6), then Line Item 0008 (Deduct No. 7) will be applied. If the bid price exceeds the funds available for Line Item 0008 (Deduct No. 7), then Line Item 0009 (Deduct No. 8) will be applied. If the bid price exceeds the funds available for Line Item 0009 (Deduct No. 8), then Line Item 0010 (Deduct No. 9) will be applied. If the bid price exceeds the funds available for Line Item 0010 (Deduct No. 9), then Line Item 0011 (Deduct No. 10) will be applied.

1. Please reference VAAR 852.236-92 Notice to Bidders–Additive or Deductive Bid Line Items in the solicitation for additional details.

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

1. Pricing should 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.

36C77625B0024

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

Page 1 of

Page 1 of

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, will 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 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 must be submitted in accordance with FAR 52.228-15 Performance and Payment Bonds – Construction (DEVIATION). Copies of SFs 25A and 25 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 its Special Note in their pricing. The FAR clause and its Special Note provide guidance on taxes being applied to pricing.

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 SDVOSB concerns. Offers received from other than SDVOSBs will not be considered. All SDVOSBs must be listed as “certified” in the SBA’s VetCert database (Veteran Small Business Certification (sba.gov)) and/or Dynamic Small Business Search database (https://dsbs.sba.gov/search/dsp_dsbs.cfm) at the time of bid submission and at time of award. Failure to be certified at the time of bid submission and at the time of award will result in the offeror’s bid being non-responsive.

2.4 TECHNICAL QUESTIONS:

Questions of a technical nature must be provided in writing and must be submitted by the prospective offerors to Sheila Vickers and Joelle Mascarenas. Questions must be submitted only via e-mail to: sheila.vickers@va.gov and joelle.mascarenas@va.gov. The subject line must read: Manchester VAMC – Construct Specialty Care Building - 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 JULY 16, 2025, AT 10:00 AM 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 and/or emailed. No other notification of amendments will be provided. Potential offerors are advised that they are responsible for obtaining and acknowledging any amendments to the solicitation. Failure to acknowledge an amendment may result in your bid being considered non-responsive.

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 Attachment 3 – Site Visit Instructions for further information.

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

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:

1. Offerors must submit their bids via email to: Sheila Vickers and Joelle Mascarenas at sheila.vickers@va.gov and joelle.mascarenas@va.gov

1. Only emailed bids will be accepted. Bids submitted by any method other than email are not allowed and shall be deemed non-responsive and therefore ineligible for award.

1. The bid opening will be conducted via teleconference. An in person bid opening will not be facilitated.

1. Failure to provide electronic bids and the electronic copy of the bid bond on the date and time set for bid opening, shall deem the bid non-responsive.

B. BID PACKAGE CONTENTS:

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

The Offeror must 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 must 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) Price Schedule:

The Offeror must complete the Price Schedule contained in the solicitation. The Offeror must submit separate pricing for all items listed. Bidders not submitting the Price Schedule will be deemed non-responsive and therefore ineligible for award.

(d) Bid Guarantee:

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

(e) Representations & Certifications:

The offeror must 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 must provide their response to FAR 52.204-24 (d) Representation.

(g) Information Regarding Responsibility Matters:

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

(h) Violation of Arms Controls Treaties or Agreements:

Offeror must 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:

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

(j) Post Award Small Business Program Representations:

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

(k) Limitations on Subcontracting:

In accordance with VAAR 852.219-75, offeror must complete Attachment 1 – Limitations on Subcontracting – 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 shall deem the bid non-responsive.

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 may 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, as well as any other information the Contracting Officer has determined to be valid, will be used to make the Determination of Responsibility. The Government reserves the right to obtain additional information solely for the purpose of making a responsibility determination from all offerors after receipt of bids. These requests for information do not constitute discussion. 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 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. Failure to comply with this section will result in removal from award consideration.

2.12 SYSTEM FOR AWARD MANAGEMENT (SAM):

The FAR requires that federal contractors register in the SAM database at https://sam.gov/ and enter all mandatory information into the system. An Offeror is required to be registered in SAM when submitting an offer or quotation and at time of award (see FAR clause 52.204-13, System for Award Management Maintenance, for the requirement to maintain SAM registration during performance and through final payment). Failure to be registered in SAM.gov at any point during the solicitation period shall result in removal from the competition.

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 Sea Logistics Center in Portsmouth, New Hampshire. 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 will 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.

2.15 BACKGROUND INVESTIGATIONS AND SPECIAL AGREEMENT CHECKS:

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

2.16 REFERENCES TO VA ENGINEER, RESIDENT ENGINEER OR PROJECT MANAGER:

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

2.17 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 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

(End of Provision)

2.19 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)

2.20 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)

2.21 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)

2.22 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:

Joelle Mascarenas, Contracting Officer joelle.mascarenas@va.gov

Hand-Carried and Mailing Address:

Department of Veterans Affairs Program Contracting Activity Central ATTN: Joelle Mascarenas 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)

2.23 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 Atch 3 - Site Visit Instructions - Manchester - 608-315

(c) Participants will meet at— See Atch 3 - Site Visit Instructions - Manchester - 608-315 (End of Provision)

2.24 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Provision)

2.25 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 852.233-70 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.

(End of Provision) PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:

Or for solicitations issued by the Office of Construction and Facilities Management:

2.28 VAAR 852.236-92 NOTICE TO BIDDERS—ADDITIVE OR DEDUCTIVE BID LINE ITEMS (APR 2019)

(a) Additive or deductive line items in the bid schedule shall be evaluated to determine the low offeror and the items to be awarded. The evaluation shall be made as follows—

(1) Prior to the opening of bids, the Government will determine the amount of funds available for the project.

(2) The low bid shall be the Bidder that—

(i) Is otherwise eligible for award; and

(ii) Offers the lowest aggregate amount for the first or base line item, plus or minus (in the order stated in the list of priorities in the bid schedule) those additive or deductive line items that provide the most features within the funds determined available.

(3) All bids shall be evaluated on the basis of the same additive or deductive line items.

(i) If adding another item from the bid schedule list of priorities would make the award exceed the available funds for all offerors, the Contracting Officer will skip that item and go to the next item from the bid schedule of priorities; and

(ii) Add that next item if an award may be made that includes that line item and is within the available funds.

(b) The Contracting Officer will use the list of priorities in the bid schedule only to determine the low offeror. After determining the low offeror, an award may be made on any combination of items if—

(1) It is in the best interest of the Government;

(2) Funds are available at the time of award; and

(3) The low offeror’s price for the combination to be awarded is less than the price offered by any other responsive, responsible offeror.

(c) Example: ‘‘The amount available is $100,000. Offeror A’s base bid and four additives (in the order stated in the list of priorities in the bid schedule) are $85,000, $10,000, $8,000, $6,000, and $4,000. Offeror B’s base bid and four additives are $80,000, $16,000, $9,000, $7,000, and $4,000. Offeror A is the low offeror. The aggregate amount of offeror A’s bid for purposes of award would be $99,000, which includes a base bid plus the first and fourth additives. The second and third additives were skipped because each of them would cause the aggregate bid to exceed $100,000.’’ (End of Clause)

2.29 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY NOTICE (FEB 2023)

(a) Any offeror responding to this solicitation must comply with established VA Information and Communication Technology (ICT) (formerly Electronic and Information (EIT)) accessibility standards. Information about Section 508 is available at http://www.section508.va.gov/.

(b) The Section 508 accessibility standards applicable to this solicitation are stated in the clause at 852.239–75, Information and Communication Technology Accessibility. In order to facilitate the Government’s determination whether proposed ICT supplies meet applicable Section 508 accessibility standards, offerors must submit appropriate VA Section 508 Checklists, in accordance with the checklist completion instructions. The purpose of the checklists is to assist VA acquisition and program officials in determining whether proposed ICT supplies, or information, documentation and services conform to applicable Section 508 accessibility standards. The checklists allow offerors or developers to self-evaluate their supplies and document—in detail—whether they conform to a specific Section 508 accessibility standard, and any underway remediation efforts addressing conformance issues.

(c) Respondents to this solicitation must identify any exception to Section 508 requirements. If an offeror claims its supplies or services meet applicable Section 508 accessibility standards, and it is later determined by the Government, i.e., after award of a contract or order, that supplies or services delivered do not conform to the described accessibility standards, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense.

(End of Provision)

REPRESENTATIONS AND CERTIFICATIONS

Please Note: System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

(End of Provision)

3.1 52.204-8 ANNUAL REPRESENTATIONS AND…