36C78620R0087 Solicitation.docx

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.

36C78620R0087 X 08-04-2020 7890-000080

789CM3920-16

36C786 Department of Veterans Affairs National Cemetery Administration Contracting Services 18434 Joplin Rd Triangle, VA

22172 Contracting Officer See Block 7.

Jerry L. Hodson Jr.

720-361-3439 The Department of Veterans Affairs (VA), National Cemetery Administration (NCA) anticipates awarding a firm-fixed price contract, whereas, Contractor shall provide all labor, tools, materials, equipment, services, submittals, supervision, to:

Provide partial design and install new irrigation well at Houston National Cemetery in accoradance with the SOW, SPECS, DRAWINGS, state requirements and codes.

This solicitation replaced 36C78620R0054 due to no responses.

This acquisition is 100% set aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSB). “Tiered Evaluation” This is a solicitation for construction services using the tiered evaluation (cascading) in accordance with Procurement Policy Memorandum 2018-04 5(b). This solicitation is being issued as tiered evaluation with the following tiers:

(1) SDVOSB concerns, (2) VOSB concerns, (3) small business concerns with HUBZone small business concerns and 8(a) participants having priority; and (4) large business concerns. If an award cannot be made, the solicitation will be cancelled, and the requirement resolicited.

Conducting a site visit is highly encuraged. See clause 52.236-27 for site visit information.

Questions shall be submitted to jerry.hodson@va.gov on or before 8-18-20 NLT 10:00am, MT.

Email subject line must contain the following in the subject line: Solicitation Number, Proj. Name and Number.

Questions received after this will not be accepted. Telephone inquiries are not acceptedduring the solicitation period.

NAICS Code is: 237110 Water and Sewer Line and Related Structures Construction with $36.5 million size standard.

The construction magnitude for this requirement is between $250,000 and $500,000.

The Government intends to award without discussions, however; the Government reserves the right to conduct discussion if the Contracting Officer later determines them to be necessary.

Completed and signed proposals shall be submitted through the Department of Veterans Affairs - Electronic Contract Management System (eCMS) Vendor Portal website to be considered. Go to https://www.vendorportal.ecms.va.gov to register.

See Submission of Proposals item C. in the instructions section of the solicitation.

Please provide the following information:

Name of Primary Point of Contact:__________________________________________; Telephone #: ______________________ EMAIL: _____________________________________________________; DUNS: __________________________ X X 52.211-10 X 10:00 09-03-2020 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

CLIN-0001: $__________________________________________

The Contractor shall furnish all labor, material, tools, equipment, and supervision to: Provide partial design and Install new irrigation well in accordance with SOW, SPECS, Drawings, and state requirements and codes.

Offerors shall include the cost estimate worksheet, Attachment-9 as part of their proposal package.

$0.00 36C786 Department of Veterans Affairs National Cemetery Administration Contracting Services 18434 Joplin Rd Triangle, VA

22172 http://www.tungsten-network.com/customer -campaigns/veterans-affairs/

1-877-752-0900

JERRY L. HODSON JR.

Table of Contents

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

ADMINISTRATION DATA

1. Contract Administration:

All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: TBD

b. GOVERNMENT:

Contracting Officer: Jerry L. Hodson Jr.

Phone: 720-361-3439 Email: jerry.hodson@va.gov

Contracting Officer Representative: TBD

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor shall be made in accordance with 52.232-34, Payment by Electronic Funds Transfer.

3. INVOICES: Invoices shall be submitted in arrears Monthly.

4. GOVERNMENT INVOICE ADDRESS:

All invoices from the contractor shall be sent electronically by following instruction as stated at website: http://www.fsc.va.gov/einvoice.asp See VAAR clause 852.232-72 Electronic Submission of Payment Requests (NOV 2012).

5. ACQUISITION: This is a 100% set-aside for Service Disabled Veteran Owned Small Business (SDVOSB) “Tiered Evaluation” This is a solicitation for construction services using the tiered evaluation (cascading) in accordance with Procurement Policy Memorandum 2018-04 5(b). This solicitation is being issued as tiered evaluation with the following tiers: (1) SDVOSB concerns, (2) VOSB concerns, (3) small business concerns with HUBZone small business concerns and 8(a) participants having priority; and (4) large business concerns. If an award cannot be made, the solicitation will be cancelled, and the requirement resolicited.

The Government intends to award a firm fixed price, requirements contract resulting from this solicitation to the responsible offeror whose quote conforming to the solicitation that provides the best benefit to the Government, price and other factors considered. This is a solicitation for construction services prepared in accordance with the format in FAR part 15 and 36. The contract will be awarded by Government to furnish those construction tasks as stated in the SOW. The Government anticipates awarding this solicitation as a fixed-price contract.

Historical Data: Incumbent Contractor: None

6. TYPE OF CONTRACT: This is a fixed-price requirement contract in accordance with FAR 52.216-1 Type of Contract.

7. CONTRACT AWARD: The contract will become effective as soon as practical with no additional cost to the Government for any elapsed time from the original effective date. It is also, understood and agreed that the effective date of this contract will be contingent upon the availability of appropriated funds and in the event appropriations are not available.

8. AUTHORITIES OF GOVERNMENT PERSONNEL: Notwithstanding the Contractors responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Government and the Contractor. The Government will provide, at the time of contract award, a list of Government personnel authorized to act as the Contracting Officer's Representatives (COR). Only the Contracting Officer has the authority to make changes to the contract.

9. CONTRACTOR’S FOREMAN/SUPERVISOR: Contractor must provide an English-speaking foreman /Supervisor at all times while performing the duties of the contract. This is to ensure proper communication between the Contractor and COR.

10. SITE VISIT: See 52.236-27 for site visit information.

11. PRE-CONSTRUCTION CONFERENCE: Prior to commencement of work, Contractor shall attend a pre-construction conference prior to the commencement of work to assure that all parties understand all contractual obligations and the role that each party serves.

12. FEDERAL HOLIDAYS:

January New Year’s Day, Martin Luther King’s Birthday February President’s Day May Memorial Day July Independence Day September Labor Day October Columbus Day November Veterans Day, Thanksgiving Day December Christmas Day

Including any other day specifically declared by the President of the United States to be a national holiday.

13. LIMITATIONS ON SUBCONTRACTING – MONITORING AND COMPLIANCE:

This contract includes (VAAR) 852.219-10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set- Aside. The Contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor’s compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor’s offices where the contractor’s business records or other proprietary data are retained and to review such business records regarding the contractor’s compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor’s business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, Obtaining Access to Proprietary Information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor’s compliance with the limitations on subcontracting or percentage of work performance requirement.

14. RELEASE OF CLAIMS:

After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relation to the contract. The Release of Claims form provided by the CO shall be used for this purpose. The form provides for exception of specified claims from the operation of release. Request a copy from the CO.

(End of Administration Data)

SOLICITATION INSTRUCTIONS:

ALL PROPOSAL PREPARATION COSTS WILL BE THE SOLE RESPONSIBILITY OF THE OFFEROR. THE GOVERNMENT WILL NOT REIMBURSE ANY FIRM FOR THEIR PROPOSAL PREPARATION COSTS.

PROPOSAL SUBMISSION

A. GENERAL: Submit, at a minimum, an offer that conforms to the solicitation documents. By submission of an offer in accordance with the instructions provided in this section, the offeror unconditionally assents to the terms and conditions in this solicitation document and in any solicitation attachments.

Submit an offer complies with the format, content, and submission instructions contained in this section. Offerors should carefully review this section prior to commencing proposal preparation.

B. SUBMISSION INSTRUCTIONS: Offerors shall submit their proposals to the following server no later than date and time noted in the SF 1442. Proposals will be accepted and considered for award of a firm-fixed price contract. Submitted proposals that do not meet the following instructions may be determined to be nonresponsive and will not be considered for award.

Proposals submitted via email without set requirements will not be accepted and will be considered to be nonresponsive. Late or incomplete Proposals will also be considered to be nonresponsive.

Offers are NOT authorized to submit proposals packages by US mail; CD versions; Email; or Fax.

***Questions pertaining to this solicitation shall be sent by email to: jerry.hodson@va.gov by 10:00 am MT two (2) days after the scheduled site visit. Responses to all questions received by this date will be posted on FedBizOpps.gov under an amendment. Telephone inquiries will not be accepted.

D. REGISTRATION:

Prospective awardees MUST be registered with SAM at http://www.sam.gov, and Active/Verified as an SDVOSB in the VETBIZ database, AT THE TIME OF PROPOSAL SUBMISSION and thru final payment of invoice. Failure to be registered at the time of submission of an offer/proposal will render a firm’s offer/proposal ineligible for further consideration. Prior to Award and through final payment, and the Online Representations and Certifications Application (ORCA) at http://www.sam.gov prior to award and through final payment. Contract will not be awarded until SAM registration has been completed. “Certifications and Representations”, indicate whether contractor has completed the annual representations and certifications electronically at http://www.sam.gov and submit the appropriate information according to the first paragraph within the clause.

E. PROPOSAL FORMAT:

The proposal package shall contain the following (in addition to submission criteria identified elsewhere):

VOLUME 1. Technical Proposal: Technical Approach and Capacity, Project Details, Draft Schedule, Subcontractor’s Social Economic Status and Past Performance. Other Proposal Documents; Licenses, Certifications, Insurance, Offer Guarantee, Resumes, etc.

A. Technical Approach: The Contractor shall describe the methodology to be implemented to accomplish the requirements of the SOW and detail how the proposed approach will effectively achieve the performance objective of window restoration. A statement, such as, “the Contractor will abide by all contract requirements” is not acceptable for determining technical acceptability. The Contractor’s approach shall demonstrate a clear understanding of current industry standards and processes utilized in accomplishing the requirements set forth in the SOW.

B. Experience: The Contractor shall provide sufficient project details with their technical proposal to demonstrate experience with at least three (3) water production well drilling and well equipment installation projects of similar size, scope, and using similar materials and methods over the past five (5) years. Each contract submitted must have been satisfactorily completed, or if not yet completed, must be marked by satisfactory progress. The Government will not consider a contract that is less than 50% complete or an effort that concluded more than 5 years ago. Contractor shall provide customer points of contact for each project listed.

C. Qualifications of Contractor On-Site Supervisor/Superintendent: The Contractor On-Site Supervisor must have not less than five (5) years of experience as a direct supervisor of well drilling and mechanical pumping equipment installation projects. Offerors shall submit a resume for the Contractor On-Site Supervisor as part of the technical proposal. All permanent substitutions, whether of prime supervisors or sub-contractors, will be identified and reported to the COR and Contracting Officer, if not prior to, as soon as possible after occurrence.

Subcontractor’s Social Economic Status: (i.e. Service Disable Veteran Owned Small Business/Veteran owned, etc…); and Past Performance: The offeror shall use the form entitled “S02_Attachment-8 Business Management-Past Performance Questionnaire" in the Proposal Submission Package. A separate form shall be submitted for each individual project. The offeror shall limit submissions to no more than a total of THREE projects.

The offeror should disclose any instances in which its past performance on a particular contract may be considered by others to be less than fully satisfactory by including or attaching a narrative to the Technical Volume. Any termination(s) shall be included as well with Contractor’s explanation for why it was terminated. The offeror should relate pertinent facts and circumstances and describe any remedial action taken or to be taken to correct the deficiency. Failure to disclose such instances may result in a determination that the offeror has been less than candid with the Government, which could result in an unfavorable assessment of the offeror's past performance record.

The Government reserves the right to limit the number of references it ultimately contacts and to contact references or use sources other than those provided by the offeror to obtain information related to past performance. Other sources include, but are not limited to, the Past Performance Information Retrieval System; Federal, State or local Governmental agencies; and private sector businesses. Exchanges between the Government and the offeror may occur to clarify the relevance of an offeror's past performance information and adverse past performance information to which the offeror has not previously had an opportunity to respond.

VOLUME 2. Price Proposal; Completed and signed SF-1442, pages 1 and 2 with any issued Amendments signed (if and as released); An authorized official of the firm shall sign the Standard Form 1442 (SF 1442) and any Amendments. An Acrobat PDF file shall be created to capture the signatures for submission. Offerors shall agree to hold firm their pricing for 100 days.

1. Standard Form 1442, Solicitation Offer, and Award: Complete blocks 14 through 20C only. An official having the authority to contractually bind the company must sign the SF 1442 in accordance with the procedures prescribed in FAR 4.102;

2. Acknowledgement of Amendments: Acknowledge all solicitation amendments in block 19 of the SF1442 or by submitting the SF30 with blocks 15 a, b, c filled in and return signed;

3. Contract Price Schedule: Enter the proposed dollar amount for each line item in the price schedule, including any optional items, if a schedule is included in the solicitation or fill in block 17 of the SF1442 if a schedule is not included. Offeror’s price proposal shall be detailed to include, but not limited to, Material costs, Equipment costs, Labor costs, profit, and bonding costs. Offerors shall agree to hold firm their pricing for 100 days; and

4. Representations, Certifications and Other Statements of Offerors: Complete all required representations and certifications if they are not available at www.SAM.gov. NOTE: Current, active registration at www.SAM.gov and www.vip.vetbiz.va.gov are requirements of this contract; the Government highly recommends completing registrations before submitting the offer.

See table below to summarize how to submit a proposal. PDF is the acceptable format for submission of proposals. No TIFF or PNG files will be accepted. JPEG documents are reserved for pictures only.

Volume 1

Volume 2 Technical Narrative and related information

Business Management-Past Performance Questionnaires

Certifications, Licenses, OSHA certs, Insurance, Offer Guarantee, Resumes, as applicable.

Price SF-1442 with completed blocks 10, 14, 15, 17, 19, and 20(a, b & c); and

Amendments

Contractor Cost Estimate Worksheet S00_Company name_VOL-1 Technical_ Solicitation number (As one PDF Document)

S00_Company name_VOL-2 Price_ Solicitation number (As one PDF Document)

SF 30s

15 pages

6 pages for Prime 6 pages each Sub (if any).

No Limits

10 pages

Completed SF30 of each posted Amendment

Use Attachment-9 and edit to fit this solicitation

NOTICE TO PROSPECTIVE CONTRACTOR(S):

a. BONDING: The Government retains the right to ask for bonding (bid, performance, payment) if it is determined to be necessary to address Government concerns. In such cases, bonding costs shall be included in proposal price. Failure to receive or qualify for bonding will result in removal from further consideration for award. The number of contracts outstanding will be another consideration in determining if bonding will be needed. Failure to obtain bonding within a reasonable time (generally two weeks) after contract award will result in withdrawal of award and discussion with the next best offer. If bonding is not required, the prime is required to notify all sub-contractors that there is no bonding on the contract. Reference FAR 52.228-15 Performance and Payment Bonds. The Government reserves the right to request performance and payment bond as a condition for contract award.

(End of Instructions)

EVALUATION CRITERIA

An award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors.

The following will be evaluated:

Price:

Price analysis will be conducted to determine a fair and reasonable price. Price may be compared against the Independent Government Cost Estimate (IGCE) or against the average mean of the offers received to determine reasonableness.

NOTE: Offeror’s price proposal shall be detailed to include, but not limited to, Material, Equipment, Labor, profit, and bonding costs to determine if the contractor understands the Costs associated with the project. Proposal package shall include the completed worksheet: S02_Attachment-9 Contractor Cost Estimate Worksheet.

The lowest priced technically acceptable offeror's price proposal will be awarded the contract. If all price proposals are considered high, the Government reserves the right to request revised proposals from offerors who submitted proposals by the solicitation due date and time.

Technical Qualifications:

Proposals will receive either an ACCEPTABLE or an UNACCEPTABLE rating for each of the rating factors.

Technical acceptable/unacceptable ratings

Technical Approach will be evaluated to determine the extent to which it demonstrates a clear understanding of all features involved in performance of the requirements identified in the SOW, specifications, and other related attachments. The offer should not simply restate the Government’s requirements, but it should describe, in detail, how the Offeror intends to meet the requirements.

Technical Factors:

D. Technical Approach: The Contractor shall describe the methodology to be implemented to accomplish the requirements of the SOW and detail how the proposed approach will effectively achieve the performance objective of window restoration. A statement, such as, “the Contractor will abide by all contract requirements” is not acceptable for determining technical acceptability. The Contractor’s approach shall demonstrate a clear understanding of current industry standards and processes utilized in accomplishing the requirements set forth in the SOW.

E. Experience: The Contractor shall provide sufficient project details with their technical proposal to demonstrate experience with at least three (3) water production well drilling and well equipment installation projects of similar size, scope, and using similar materials and methods over the past five (5) years. Each contract submitted must have been satisfactorily completed, or if not yet completed, must be marked by satisfactory progress. The Government will not consider a contract that is less than 50% complete or an effort that concluded more than 5 years ago. Contractor shall provide customer points of contact for each project listed.

F. Qualifications of Contractor On-Site Supervisor/Superintendent: The Contractor On-Site Supervisor must have not less than five (5) years of experience as a direct supervisor of well drilling and mechanical pumping equipment installation projects. Offerors shall submit a resume for the Contractor On-Site Supervisor as part of the technical proposal. All permanent substitutions, whether of prime supervisors or sub-contractors, will be identified and reported to the COR and Contracting Officer, if not prior to, as soon as possible after occurrence.

Past Performance:

Past performance will be evaluated for quality, schedule (i.e. recent), price control, business relations, management of key personnel and relevance (i.e. experience in providing services similar in size, scope, and complexity as described in the SOW). If no past performance information is readily available (FAR 15.305(a) (2) (iv)), the Offeror’s past performance will be evaluated neither favorably nor unfavorably.

NOTE: The Contractor shall provide sufficient project details with their technical proposal to demonstrate experience with at least three (3) water production well drilling and well equipment installation projects of similar size, scope, and using similar materials and methods over the past five (5) years. Each contract submitted must have been satisfactorily completed, or if not yet completed, must be marked by satisfactory progress. The Government will not consider a contract that is less than 50% complete or an effort that concluded more than 5 years ago. Contractor shall provide customer points of contact for each project listed.

Offerors shall us the solicitation attachment-8 named (Business Management-Past Performance Questionnaire).

A Responsibility Determination will be made in accordance with FAR 9.1 Responsible Prospective Contractors. The Government will research information and data bases to aid in establishing contractor’s responsibility and ability to perform. The databases include, but are not limited to Experian, PPIRS, EPLS, VetBiz and SBA. If the Contracting Officer (CO) is not able to determine responsibility, a request for Certificate of Competency (COC) will be submitted to SBA.

(End of Evaluation Criteria)

2.1 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)

2.2 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)

2.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

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

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

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

(End of Provision)

2.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "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" (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations 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 the clause at FAR 52.225-9 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 material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(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 solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic 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 the clause at FAR 52.225-9 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 the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic 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)

2.5 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 percent of the bid price or , 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)

2.6 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:

Hand-Carried Address:

Mailing Address:

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

2.7 52.236-27 SITE VISIT (CONSTRUCTION) (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) Site visits may be arranged during normal duty hours by contacting:

Name: Scott Weber Address: Self-Guided Site Visits are authorized- Questions due 8-1-20

HOUSTON NATIONAL CEMETERY

10410 Veterans Memorial Dr.

Houston, TX 77038 Telephone: 832-496-8169 (End of Provision)

2.8 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):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Provision)

2.9 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)

2.10 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:

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237110.

(2) The small business size standard is $39.5 Million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204–7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services—Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the…