SolicitationCancellation.pdf

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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE PAGE OF PAGES

1 101

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NUMBER 5. PROJECT NUMBER (If applicable)

36C10FCODE

(0010F)OFC OF CONSTRUCT & FAC MGMT

425 I STREET NW 2ND FLOOR

Washington, DC 20001

6. ISSUED BY CODE7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NUMBER

36C10F24R50018

CODE FACILITY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, country, state and ZIP Code) (X)

X 9B. DATED (SEE ITEM 11)

02/01/2024

10A. MODIFICATION OF CONTRACT/ORDER

NUMBER

10B. DATED (SEE ITEM 11)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X XThe above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, is not extended, Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning __1__copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

ORDER NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return _______ copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Amendment 0006 is issued to update the Q&A document, as well as upload three (3) attachments regarding the Manhattan VA Asbestos survey report.This solicitation is hereby cancelled in its entirety.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print) Andrew Page

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV.

11/2016) Prescribed by GSA FAR (48 CFR) 53.243

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Table of Contents

Section Description Page Number

A Solicitation/Contract Form Final Instructions to Offerors Part I Instruction Conditions and Other Statement to Offerors_Amd 0002.docx7

B Supplies or Services and Prices/Costs C Descriptions/Specifications/Statement of Work

SOW_Manhattan Balance of Work Partnering

E Inspection and Acceptance 52.246-12 Inspection of Construction (Aug 1996)

F Deliveries or Performance 52.236-15 Schedules for Construction Contracts (Apr 1984) 52.242-14 Suspension of Work (Apr 1984) 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984) 52.211-12 Liquidated Damages-Construction (Sept 2000)

I Contract Clauses 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.202-1 Definitions (Jun 2020) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014) 52.203-12 Limitation On Payments to Influence Certain Federal Transactions (Jun 2020) 52.203-13 Contractor Code of Business Ethics and Conduct (Nov 2021) 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.203-7 Anti-Kickback Procedures (Jun 2020) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (May 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020) 52.203-5 Covenant Against Contingent Fees (May 2014) 52.203-3 Gratuities (Apr 1984) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-14 Service Contract Reporting Requirements (Oct 2016) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Nov 2021) 52.210-1 Market Research (Nov 2021) 52.215-2 Audit and Records-Negotiation (Jun 2020) 52.219-16 Liquidated Damages-Subcontracting Plan (Sep 2021) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) 52.219-8 Utilization of Small Business Concerns (Feb 2024) 52.219-9 Alt II Small Business Subcontracting Plan (Sep 2023) - Alternate II (Nov 2016) 52.222-1 Notice to the Government of Labor Disputes (Feb 1997) 52.222-10 Compliance with Copeland Act Requirements (Feb 1988) 52.222-11 Subcontracts (Labor Standards) (May 2014) 52.222-12 Contract Termination - Debarment (May 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (May 2014) 52.222-14 Disputes Concerning Labor Standards (Feb 1988) 52.222-15 Certification of Eligibility (May 2014) 52.222-21 Prohibition of Segregated Facilities (Apr 2015)

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52.222-26 Equal Opportunity (Sept 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (Apr 2015) 52.222-3 Convict Labor (June 2003) 52.222-37 Employment Reports on Veterans (Jun 2020) 52.222-4 Contract Work Hours and Safety Standards--Overtime Compensation (May 2018) 52.222-41 Service Contract Labor Standards (Aug 2018) 52.222-50 Combating Trafficking in Persons (Nov 2021) 52.222-54 Employment Eligibility Verification (May 2022) 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022) 52.222-6 Construction Wage Rate Requirements (Aug 2018) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022) 52.222-7 Withholding of Funds (May 2014) 52.222-8 Payrolls and Basic Records (Jul 2021) 52.222-9 Apprentices and Trainees (July 2005) 52.223-15 Energy Efficiency in Energy-Consuming Products (May 2020) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) 52.223-21 Foams (Jun 2016) 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011) 52.223-6 Drug-Free Workplace (May 2001) 52.225-13 Restrictions on Certain Foreign Purchases (Feb 2021) 52.227-1 Authorization and Consent (Jun 2020) 52.227-4 Patent Indemnity-Construction Contracts (Dec 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Jun 2020) 52.228-11 Individual Surety-Pledge of Assets (Feb 2021) 52.228-12 Prospective Subcontractor Requests for Bonds (Dec 2022) 52.228-14 Irrevocable Letter of Credit (Nov 2014) 52.228-15 Performance and Payment Bonds-Construction (Jun 2020) 52.228-2 Additional Bond Security (Oct 1997) 52.228-5 Insurance-Work on a Government Installation (Jan 1997) 52.229-12 Tax on Certain Foreign Procurements (Feb 2021) 52.229-3 Federal, State and Local Taxes (Feb 2013) 52.232-17 Interest (May 2014) 52.232-23 Assignment of Claims (May 2014) 52.232-27 Prompt Payment for Construction Contracts (Jan 2017) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.232-5 Payments under Fixed-Price Construction Contracts (May 2014) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.233-1 Alt I Disputes (May 2014) - Alternate I (Dec 1991) 52.236-2 Differing Site Conditions (Apr 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (Apr 1984) 52.236-5 Material and Workmanship (Apr 1984) 52.236-6 Superintendence by the Contractor (Apr 1984) 52.236-7 Permits and Responsibilities (Nov 1991) 52.236-10 Operations and Storage Areas (Apr 1984) 52.236-11 Use and Possession Prior to Completion (Apr 1984) 52.236-12 Cleaning Up (Apr 1984) 52.236-13 Accident Prevention (Nov 1991) 52.236-14 Availability and Use of Utility Services (Apr 1984) 52.236-17 Layout of Work (Apr 1984) 52.236-26 Preconstruction Conference (Feb 1995) 52.242-13 Bankruptcy (July 1995) 52.242-5 Payments to Small Business Subcontractors (Jan 2017) 52.243-4 Changes (June 2007) 52.244-5 Competition in Subcontracting (Dec 1996) 52.244-6 Subcontracts for Commercial Products and Commercial Services (Feb 2024) 52.246-21 Warranty of Construction (Mar 1994) 52.248-3 Value Engineering-Construction (Oct 2020)

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52.249-10 Default (Fixed-Price Construction) (Apr 1984) 52.249-2 Alt I Termination for Convenience of the Government (Fixed-Price) (Apr 2012) - Alternate I (Sept 1996) 52.253-1 Computer Generated Forms (Jan 1991)

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

852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (MAY

2020)

852.215-70 (DEV) SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL

BUSINESS EVALUATION FACTORS (OCT 2019) (DEVIATION JAN 2023)

852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

852.219-70 (DEV) VA SMALL BUSINESS SUBCONTRACTING PLAN MINIMUM

REQUIREMENTS (NOV 2022) (DEVIATION JAN 2023)

852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)

852.232-71 Alt I PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (INCLUDING NAS-CPM) (NOV 2018) - Alternate I (NOV 2018)

852.246-71 REJECTED GOODS (OCT 2018)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984) 52.236-8 Other Contracts (Apr 1984) 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (Feb 1999) 52.225-12 Notice of Buy American Requirement--Construction Materials Under Trade Agreements (May 2014) 52.203-14 Display of Hotline Poster(s) (Nov 2021) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) 52.219-14 Limitations on Subcontracting (Oct 2022) 52.219-28 Post-Award Small Business Program Rerepresentation (Feb 2024) 52.222-35 Equal Opportunity for Veterans (Jun 2020) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 52.225-11 Buy American-Construction Materials under Trade Agreements (Nov 2023) 52.236-1 Performance of Work by the Contractor (Apr 1984) 52.236-21 Alt II Specifications and Drawings for Construction (Feb 1997) - Alternate II (Apr 1984) 52.222-36 Equal Opportunity for Workers with Disabilities (Jun 2020)

852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019)

852.236-72 Alt I PERFORMANCE OF WORK BY THE CONTRACTOR (APR 2019) - Alternate I

(APR 2019)

852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019)

852.236-80 Alt I SUBCONTRACTS AND WORK COORDINATION (APR 2019) - Alternate I (APR 2019)

852.242-70 GOVERNMENT CONSTRUCTION CONTRACT ADMINISTRATION (OCT

2020)

852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

852.243-70 CONSTRUCTION CONTRACT CHANGES-SUPPLEMENT (SEP 2019)

852.246-75 WARRANTY OF CONSTRUCTION-GUARANTEE PERIOD SERVICES (OCT

2018) 52.222-33 Alt II Notice of Requirement for Project Labor Agreement (Jan 2024) - Alternate II (Jan 2024) 52.222-34 Alt I Project Labor Agreement (Jan 2024) - Alternate I (Jan 2024) 52.232-18 Availability of Funds (Apr 1984)

852.236-90 RESTRICTION ON SUBMISSION AND USE OF EQUAL PRODUCTS (APR

2019)

J List of Attachments K Representations, Certifications and Other Statements of Offerors or Respondents

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52.229-11 Tax on Certain Foreign Procurements--Notice and Representation (Jun 2020) 52.236-28 Preparation of Proposals-Construction (Oct 1997)

852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY

NOTICE (FEB 2023)

52.209-7 Information Regarding Responsibility Matters (Oct 2018) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.209-13 Violation of Arms Control Treaties or Agreements-Certification (Nov 2021) 52.204-8 Annual Representations and Certifications (Feb 2024)

L Instructions, Conditions and Notices to Offerors or Respondents 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.204-7 System for Award Management (Oct 2018)

852.223-70 INSTRUCTIONS TO OFFERORS-SUSTAINABLE ACQUISITION PLAN (SEP

2019) 52.215-1 Instructions to Offerors-Competitive Acquisition (Nov 2021)

852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)

52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.233-2 Service of Protest (Sept 2006) 52.236-27 Alt I Site Visit (Construction) (Feb 1995) - Alternate I (Feb 1995)

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

SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)

852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

52.211-6 Brand Name or Equal (Aug 1999) 52.216-1 Type of Contract (Apr 1984) 52.222-5 Construction Wage Rate Requirements - Secondary Site of the Work (May 2014) 52.228-1 Bid Guarantee (Sept 1996) 52.228-17 Individual Surety-Pledge of Assets (Bid Guarantee) (Feb 2021)

EOD End of Document

PROPOSAL SUBMISSION REQUIREMENTS AND INSTRUCTIONS 02152024

Wage Determination NY20240003_04052024

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INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE

AND BONDS

(a) Hard copies of RFP documents will not be provided. The solicitation, all documents, subsequent solicitation amendments, award notification, and all other solicitation related information will be posted to the website https://sam.gov/ under the Contracting

Opportunities section.

(b) A bid guarantee 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 proposals, will require rejection of the proposal in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then.

(c) The Offeror to whom award is made will be required to furnish two bonds, a Payment Bond, SF 25A, and a Performance Bond, SF 25, each in the penal sum as noted in the General

Conditions of the Specification. Copies of SFs 25 and 25A may be obtained upon application to the issuing office.

(d) An original, hard copy, executed Bid Guarantee (on form SF-24) must be mailed to the address below and received by the Contracting Officer by the proposal due date and time shown in Box 13a of solicitation form SF 1442 (or as subsequently amended).

(e) Volume I, TAB E, of your proposal must contain a legible, scanned copy of your Executed

Bid Guarantee (SF-24). Please shade any raised seals pencil lead to make them legible before you scan the bond.

(f) Postal Address/Courier Address for mailing hard copy Bid Guarantee:

Department of Veterans Affairs Office Construction & Facilities Management, 003C4C 425 I Street, NW Washington, DC 20001 Attn: Andrew Page

(g) All bond transmittal envelopes or other packaging shall be clearly marked with the solicitation number, offeror(s) name, and return address.

(h) All bonds should be mailed by fastest traceable means (i.e. FedEx, UPS, etc.) to avoid delays.

(i) DESCRIPTION OF WORK: See Block 10 of SF1442, Page 1.

(j) Estimated Magnitude of Construction: $100,000,000.00 to $150,000,000.00.

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INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO

BIDDERS/OFFERORS

PART I - GENERAL

1. In accordance with FAR 52.215-1(f)(4), Instructions to Offeror-Competitive Acquisition, the

Government intends to evaluate proposals and award a contract without discussions with offerors. Therefore, the offerors initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

2. 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. Award cannot be made until the contractor has registered.

Offerors are encouraged to ensure that they are registered in SAM prior to submitting their proposal.

3. Offerors are encouraged to track this solicitation via the Contract Opportunities Section of the https://sam.gov/website.

4. Amendments: Amendments to this solicitation will be posted at https://sam.gov/. Paper copies of the amendments will NOT be individually mailed. Check https://sam.gov/ regularly for updates. 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 proposal being considered non-responsive.

5. A public bid opening will not occur under this RFP solicitation.

6. VETS 4212: Title 38, USC Section 4212(d) and Public Law 105-339, requires that federal contractors report, at least annually, the number and category of veterans who are within their workforce. Submission of the VETS 4212 reporting information can be done electronically at: https://www.dol.gov/agencies/vets/programs/vets4212. For procurement awards in excess of $25,000, this report must be completed and accepted prior to any

Federal contract award. Therefore, all potential contractors are encouraged to file every year.

7. Required registration with contractor performance assessment reporting system (CPARS)

a. As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of

Veterans Affairs (VA) evaluates contractor past performance on all 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 online databases located at the Contractor Performance Assessment Reporting System (CPARS) website; to include the Construction Contractor Appraisal Support System (CCASS), the

Architect-Engineer Contract Administration Support System (ACASS), and the

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Federal Awardee Performance & Integrity Information Retrieval System (FAPPIS).

This site is maintained by the Naval Sea Logistics Center. The CPARS database information is shared with the Past Performance Information Retrieval System

(PPIRS) database, which is available to all Federal agencies.

b. Each contractor whose contract award is estimated to exceed $750,000 is required to register with the CPARS database at the following web address:

https://cpars.cpars.gov/cpars/app/accessrequestverify_input.action?role=SCR

(Corporate Senior Contractor Representative). Help in registering can be obtained by contacting CPARS Support E-mail (cpars-helpdesk@us.navy.mil) or by calling (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.

c. 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 reassign the report to the VA contracting officer.

d. Failure to have a current registration with the CPARS database, or to reassign 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.

8. All submitted materials will become the property of the Government and will not be returned.

9. Regardless of the manner you choose to deliver your package; it is the Offeror’s responsibility to make sure it is received before the submission deadline.

10. PRE-PROPOSAL CONFERENCE & JOBSITE WALKTHROUGH

a. A site visit is scheduled for 3/18/2024 at 9:00am Eastern. All visitors who attend are required to check in upon arrival at 423 E 23rd St, New York, NY 10010. The meeting will kickoff at the 1st Floor Atrium Conference Room located at the 1st floor lobby behind the Starbucks. No questions will be answered at the walkthrough. All questions must be submitted in writing to the Contracting Officer.

b. All interested parties are asked to provide the Contracting Officer with a list of names who plan to attend the 3/18/2024 jobsite walkthrough no later than

3/14/2024, by 3PM Central Time. Email the list to the Contracting Officer at andrew.page@va.gov

c. An amendment to this solicitation will be issued that contains a list of all parties who attended.

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11. PRE-PROPOSAL INQUIRIES (RFI’S)

a. All requests for information or clarification must be submitted via email to andrew.page@va.gov and Cc miranda.butzlaff@va.gov by 4/1/2024 at 5:00pm

Central Time.

b. Email subject line shall include RFI Manhattan Balance of Work RFP

36C10F24R50018.

c. Unless the question deals with issues of a proprietary nature, responses to questions or comments will be posted to https://sam.gov/ under RFP #: 36C10F24R50018. VA responses will be posted on or about 4/5/2024.

12. PROJECT LABOR AGREEMENTS (PLA) (MANDATORY)

As indicated on the SF1442, Block 10 and in accordance with FAR provision

52.222-33 ALT II and FAR clause 52.222-34 ALT I, this procurement is subject to the mandatory use of a Project Labor Agreement (PLA) per Executive Order on

Use of Project Labor Agreements for Federal Construction projects (Executive

Order 14063).

If your proposal is accepted and an award is made, the contractor shall after award and as a prerequisite to receiving the Notice to Proceed (NTP), provide the

Contracting Officer with an executed copy of the project labor agreement with one or more labor organizations for the term of the construction contract. The PLA shall be submitted within 10 Calendar Days after the contract award date.

The PLA shall fully conform to and meet the standards of FAR clause 52.222-34

ALT I. The PLA requirement does not require the contractor or subcontractor(s) to enter into a Project Labor Agreement with any particular labor organization.

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Section B - Supplies or Services and Prices/Costs

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

0001 See Description Below

PSC: Y1DA

CONSTRUCTION

OF HOSPITALS AND

INFIRMARIES

0.000000 JA

Description: Balance of Work at VAMC Manhattan Campus, NY All work necessary to complete the entire project as indicated in the SOW, drawings, specifications and any references, appendices or addendums.

Price shall include cost of all bonds and profit.

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CD Refresh/Balance of Work – Statement of Work

Project Description:

VA has a requirement to construct the Manhattan VAMC, Hurricane Sandy Recovery Program Balance of Work at the VAMC Manhattan Campus of the VA NY Healthcare System as summarized herein and further defined in the future bid documents and General Requirements.

All work is located on the campus of the fully operational Manhattan VA Medical Center at 423 E. 23rd Street, Manhattan, NY. The period of performance is 5 years. The General Scope of Work (SOW) includes, but is not limited to, providing all labor, materials, and equipment for the following tasks per Construction Documents (CDs):

Relocate all essential electrical equipment and systems prone to damage by flooding on the ground floor of Buildings 1, 2, 3 and 6 to the first floor to include interrupter switches, transformers, switchgear, and distribution branch circuit panel boards.

Construct new elevated steel-frame generator platform with enclosure built on augercast piles to meet VA Physical Security Design Manual. Procure and install new generators and associated underground fuel tanks

Construct steel frame electrical distribution substation vault for Building 1 on structural concrete mat slab and pile caps on existing structural pilings.

Construct and complete electrical rooms on the first floor of Buildings 1 and 6.

Complete electrical cutovers and tie-ins from existing building distribution system to new equipment in Substation 6 Make new electrical cutovers and tie-ins to new Substation 1 and generator platform equipment.

Complete final renovations to ground floor to include updates to warehouse and loading dock, creation of office space, locker room and restroom facilities, egress corridor and updates of life-safety systems.

Replace third floor kitchen walk-in refrigerators and freezers.

Mitigate Asbestos Containing Material (ACM) and HazMat in interior and exterior construction areas. Remove contaminated soils and dewater and treated contaminated groundwater.

Construct new in-ground lift-type security vehicle barrier.

Install Variable Refrigerant Flow (VRF) HVAC system on the Ground Floor of Building 2 Add wet fire suppression protection system on the first and second floors of Building 2 Remove non-compliant door entering directly into a Stair from room 124A in

Building 2. Stair #2 Complete installation of HVAC system at Telecom rooms TR-C, TR-D and TR-E.

Build-out staff Locker Rooms, Break Room and Break Room Unisex Toilets within space of the existing switchgear room G502 Remove existing domestic water pumps in Room G0175S and install raised triplex pump skid.

Build out new public Women’s Toilet Room at the existing electrical / former fire command center room G383/0275N.

Build out new Mechanical rooms in the Building Support and future Sim Lab and

Document Number: 36C10F24R50018 CANCELLED Page 13 of 101 install HVAC systems for the Pharmacy Cache G951, Building Support G953, and shell space for the Future Sim Center G614 and Future Conference Center G613.

Complete work at the under-side of Stair 1-1 to restrict VAMC’s non-code compliant storage under an egress stair and install a 2-hour rated horizontal partition assembly to isolate the remaining systems that could not be relocated.

Modify the existing GF2B area to correct life safety issues. These include the following:

i. Corridor G113 unlevel landing / tripping hazard at egress door from Stair 121W.

ii. Corridor G113 wire mesh partition installation to prevent access to fall hazard at the air intake “well” to Mechanical Room G500A.

iii. Stair 1121W door swing with the “revised” direction of exit access.

iv. Stair 1121W partition demolition to remove an existing reduction in egress width violation.

v. Shaft 715; replacement / installation of a rated door and associated hardware.

Perform existing MRI electrical cut-over to Vault 6 Substation Provide electrical cutovers and relocate equipment for existing Hybrid OR.

All construction work to be done according to approved Phasing Plan. Work activities will require off-hour working schedules including evenings and weekends based on hospital operations.

Delete all work associated with roof mounted variable refrigerant flow condenser units CU- 1A, CU-1B and DOAS-1 for Building 2. The descope includes but is not limited to;

refrigerant piping up through roof to condensing units CU-1A and CU-1B, penetrations of walls or roof slabs for pipping, ductwork or equipment, all variable refrigerant flow system as indicated on the mechanical schedule B-M601 and their supports, hanger rods, dunnage, vibration isolators, isolation valves, insulation, disconnect switches, motor controllers, electrical work and all associated roof top equipment related with the condenser units.

Reference drawings B-MH121, B-MH121, B-MP120, BAE121, B-AD121 and B-EP121 (Package B) for this descope of work. All work related with controls and sequence of operations for DOAS-1 and VRF system shall be descoped in accordance with the drawings and specifications.

Delete all work associated with the fixed security bollards, security wedge barrier and all associated Electronics/Controls. This will also include all security barrier sitework, vehicle barrier circuit breaker add (Panel GPELS), barrier electrical homerun to panel, 1-Way, 2" Steel, concrete ductbank, control wiring, 2" Conduit, EPU to Control Room 0200S and all associated traffic flaggers and all contractor traffic control coordination as shown on drawings B-CD101, B-CS101, B-CS102, B-S102, B-S103, B-S104 (Package B). Also reference to Task 6.08 on phasing drawing. All Wedge Barrier descoped items in accordance with the drawings and specifications.

Delete all work associated with the Domestic Water Pumps installation efforts in Room 0175S.

The work includes but is not limited to disconnecting and removing an inertia/pump base, pumps, VFDs and all associated appurtenances. Installing new tri-plex pump and demolishing existing pipe and pipe supports. Providing temporary means of pump drains during the renovation. Disconnection of electrical source and removal of pumps, to include motor, impeller, concrete pad, inertia pad, electrical and all associated appurtenances.

Removal of existing pipe insulation. Disconnect and remove VFD’s and associated controls and power. Connecting new drain piping and installation of expansion tanks. Wet tapping tee fitting with new valves and coordination of interruption of cold-water services with the medical facility. Installing new inertia, concrete pads, and new VFDs for pumps and new pipe insulation. Patching and repairing existing concrete pads for pumps with bonding agent.

Furnishing and installing new gate valves. Removal and salvage of VFD serving the pumps

Document Number: 36C10F24R50018 CANCELLED Page 14 of 101 and return to the VAMC. Demolish control panels and power for the 3 pumps. Remove all feeders/branch circuits back to source, including conduits, wiring, hangers and supports.

Installation of triplex pump package with pre-wired control panel and VFD’s with integral input CB provided under plumbing. Update and incorporate load information in computer generated panel directory for the triplex pump. All descope work shall be in accordance with the contract drawings and specifications B-AD101 notes 13 &35, B-AE402 details B1 notes 29, 30 & 31, B-PD402, B-PD601, B-P403, B-P502, B-P602, B-EDP101, B-EP102 notes 9 & 11, B-E711, house pump panel and B-E801, Triplex schedule.

Delete all work associated with the following exterior motorized coil doors at the Loading Dock; doors 0200, 0200.1, 0200.2, 0200.3, 0200.5, (demolition of coil door 0200.6), (demolition of overhead coil door on top of the ramp, reference note#7 on A-AD101),

0200.7. Reference to drawings A-AD101, A-AD102, A-AE101, A-AE102, A-AE601 (Package A). In addition, delete all labor and materials for the motorized insulated rolling steel door 0214E. Also, delete the replacement of 3 existing electrical hydraulic levelers, 19 heavy duty loading dock bumpers, repair and replacement of the loading dock guardrails on side walkway concrete ramp and dock bay entrance/ exit rails and the restoration of concrete at edge of loading dock bay, support columns, dock side ramp walkway. All deletion items in accordance with the drawings and specifications.

end

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PARTNERING:

To execute this contract most effectively and to the satisfaction of the Government, the contractor, subcontractors, and the customer, the Government proposes to form a cohesive partnership with the Contractor and its subcontractor.

This partnership would strive to draw on the strengths of each organization to achieve a quality project, done right the first time, within the budget and completed on schedule.

The focus of partnering is to build cooperative relationships with the private sector and avoid or minimize disputes and to nurture a more collaborative ethic characterized by trust, cooperation and teamwork using any or all techniques of partnering. Partnering is defined as the creation of a relationship between the owner and contractor that promotes mutual and beneficial goals. It is a formally structured agreement between the parties. The goal is the elimination of the “us” versus “them” thinking, and formation of a “we” mentality for the benefit of the project. Project success is enhanced through commitment from both the Government and contractor on successful partnering, to include effective communication, collaborative analytics, and conflict resolution.

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Section E - Inspection and Acceptance

Clause Title Fill-ins

52.246-12 Inspection of Construction (Aug 1996)

Section F - Deliveries or Performance

Clause Title Fill-ins

52.236-15 Schedules for Construction Contracts (Apr 1984)

52.242-14 Suspension of Work (Apr 1984)

52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984)

The Contractor shall be required to (a) commence work under this contract within 10 [Contracting Officer insert number] calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 1825 calendar days after receipt of Notice to Proceed (NTP).* The time stated for completion shall include final cleanup of the premises.

* The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

(End of clause)

52.211-12 Liquidated Damages-Construction (Sept 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $3,671.00 [Contracting Officer insert amount] for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

Section I - Contract Clauses

52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/ these address(es):

www.acquisition.gov/browse/index/far (FAR) www.va.gov/oal/library/vaar/index.asp (VAAR) [Insert one or more Internet addresses]

(End of clause) Clause Title Fill-ins

52.202-1 Definitions (Jun 2020)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014)

52.203-12 Limitation On Payments to Influence Certain Federal Transactions (Jun 2020)

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Clause Title Fill-ins

52.203-13 Contractor Code of Business Ethics and Conduct (Nov 2021)

52.203-17 Contractor Employee Whistleblower Rights (Nov 2023)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017)

52.203-7 Anti-Kickback Procedures (Jun 2020)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper

Activity (May 2014)

52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020)

52.203-5 Covenant Against Contingent Fees (May 2014)

52.203-3 Gratuities (Apr 1984)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun

2020)

52.204-13 System for Award Management Maintenance (Oct 2018)

52.204-14 Service Contract Reporting Requirements (Oct 2016)

52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (Nov 2021)

52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May

2011)

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (Nov 2021)

52.210-1 Market Research (Nov 2021)

52.215-2 Audit and Records-Negotiation (Jun 2020)

52.219-16 Liquidated Damages-Subcontracting Plan (Sep 2021)

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Oct 2022)

52.219-8 Utilization of Small Business Concerns (Feb 2024)

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52.219-9 Alt II Small Business Subcontracting Plan (Sep 2023) - Alternate II (Nov 2016)

52.222-1 Notice to the Government of Labor Disputes (Feb 1997)

52.222-10 Compliance with Copeland Act Requirements (Feb 1988)

52.222-11 Subcontracts (Labor Standards) (May 2014)

52.222-12 Contract Termination - Debarment (May 2014)

52.222-13 Compliance with Construction Wage Rate Requirements and Related

Regulations (May 2014)

52.222-14 Disputes Concerning Labor Standards (Feb 1988)

52.222-15 Certification of Eligibility (May 2014)

52.222-21 Prohibition of Segregated Facilities (Apr 2015)

52.222-26 Equal Opportunity (Sept 2016)

52.222-27 Affirmative Action Compliance Requirements for Construction (Apr 2015)

52.222-3 Convict Labor (June 2003)

52.222-37 Employment Reports on Veterans (Jun 2020)

52.222-4 Contract Work Hours and Safety Standards--Overtime Compensation (May

2018)

52.222-41 Service Contract Labor Standards (Aug 2018)

52.222-50 Combating Trafficking in Persons (Nov 2021)

52.222-54 Employment Eligibility Verification (May 2022)

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan

2022)

52.222-6 Construction Wage Rate Requirements (Aug 2018)

52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022)

52.222-7 Withholding of Funds (May 2014)

52.222-8 Payrolls and Basic Records (Jul 2021)

52.222-9 Apprentices and Trainees (July 2005)

52.223-15 Energy Efficiency in Energy-Consuming Products (May 2020)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun

2020)

52.223-21 Foams (Jun 2016)

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52.223-5 Pollution Prevention and Right-to-Know Information (May 2011)

52.223-6 Drug-Free Workplace (May 2001)

52.225-13 Restrictions on Certain Foreign Purchases (Feb 2021)

52.227-1 Authorization and Consent (Jun 2020)

52.227-4 Patent Indemnity-Construction Contracts (Dec 2007)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Jun

2020)

52.228-11 Individual Surety-Pledge of Assets (Feb 2021)

52.228-12 Prospective Subcontractor Requests for Bonds (Dec 2022)

52.228-14 Irrevocable Letter of Credit (Nov 2014)

52.228-15 Performance and Payment Bonds-Construction (Jun 2020)

52.228-2 Additional Bond Security (Oct 1997)

52.228-5 Insurance-Work on a Government Installation (Jan 1997)

52.229-12 Tax on Certain Foreign Procurements (Feb 2021)

52.229-3 Federal, State and Local Taxes (Feb 2013)

52.232-17 Interest (May 2014)

52.232-23 Assignment of Claims (May 2014)

52.232-27 Prompt Payment for Construction Contracts (Jan 2017)

52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct

2018)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar

2023)

52.232-5 Payments under Fixed-Price Construction Contracts (May 2014)

52.233-3 Protest after Award (Aug 1996)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.233-1 Alt I Disputes (May 2014) - Alternate I (Dec 1991)

52.236-2 Differing Site Conditions (Apr 1984)

52.236-3 Site Investigation and Conditions Affecting the Work (Apr 1984)

52.236-5 Material and Workmanship (Apr 1984)

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52.236-6 Superintendence by the Contractor (Apr 1984)

52.236-7 Permits and Responsibilities (Nov 1991)

52.236-10 Operations and Storage Areas (Apr 1984)

52.236-11 Use and Possession Prior to Completion (Apr 1984)

52.236-12 Cleaning Up (Apr 1984)

52.236-13 Accident Prevention (Nov 1991)

52.236-14 Availability and Use of Utility Services (Apr 1984)

52.236-17 Layout of Work (Apr 1984)

52.236-26 Preconstruction Conference (Feb 1995)

52.242-13 Bankruptcy (July 1995)

52.242-5 Payments to Small Business Subcontractors (Jan 2017)

52.243-4 Changes (June 2007)

52.244-5 Competition in Subcontracting (Dec 1996)

52.244-6 Subcontracts for Commercial Products and Commercial Services (Feb 2024)

52.246-21 Warranty of Construction (Mar 1994)

52.248-3 Value Engineering-Construction (Oct 2020)

52.249-10 Default (Fixed-Price Construction) (Apr 1984)

52.249-2 Alt I Termination for Convenience of the Government (Fixed-Price) (Apr 2012) -

Alternate I (Sept 1996)

52.253-1 Computer Generated Forms (Jan 1991)

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

852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (MAY 2020)

852.215-70 (DEV) SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED

SMALL BUSINESS EVALUATION FACTORS (OCT 2019) (DEVIATION

JAN 2023)

852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

852.219-70 (DEV) VA SMALL BUSINESS SUBCONTRACTING PLAN MINIMUM

REQUIREMENTS (NOV 2022) (DEVIATION JAN 2023)

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852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)

852.232-71 Alt I PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS

(INCLUDING NAS-CPM) (NOV 2018) - Alternate I (NOV 2018)

852.246-71 REJECTED GOODS (OCT 2018)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements (Apr 1984)

52.236-8 Other Contracts (Apr 1984)

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (Feb 1999)

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

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

Goals for Minority Participation for Each Trade Goals for Female Participation for Each Trade 22.6% 6.9% [Contracting Officer shall insert goals] [Contracting Officer shall insert goals]

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 Order11246, 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 Order11246, 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 [Contracting Officer shall insert description of the geographical areas where the contract is to be performed, giving the state, county, and city.]

(End of provision)

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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.