S02 36C24823R0051 for SAM.docx

36C24823R0051

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.

36C24823R0051

X 11-16-2022

548-23-122 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8)

8875 Hidden River Pkwy Suite 525 Tampa FL 33637

Stacy Figlinski Stacy.Figlinski@va.gov Project Title: DB Install Additional Pump on OR Chilled Water Loop Project Location: West Palm Beach VAMC, 7305 N. Military Trail, West Palm Beach, FL, 33410 Magnitude of Construction: Between $100,000.00 and $250,000.00 NAICS is 236220 Commercial and Institutional Building Construction, Size Standard is $36.5M.

Services Code Z1DA.

Project Description: DB services to install new pump on existing OR chilled water loop.

This solicitation will be evaluated on a Trade-Off basis. As stated elsewhere in this solicitation, this procurement is a two (2) Phase Design/Build IAW FAR Part 36.3. One solicitation will be issued covering both phases. In Phase I proposals will be evaluated to determine which offerors will submit proposals in Phase II. Block 13 A refers to Phase 1 Proposals.

This requirement is 100% Set-Aside for Service-Disabled Veteran Owned Small Businesses (SDVOSB). At the time of proposal submission, for both Phase 1 and Phase 2, interested contractors MUST be actively registered in the following databases: System for Award Management: https://www.sam.gov AND Vet Biz: https://www.vetbiz.gov.

X X

52.211-10 X

5:00 PM

EST

12-08-2022 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

36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8)

8875 Hidden River Pkwy Tampa FL 33637

Department of Veterans Affairs Financial Services Center

P.O. Box 149971 Austin TX 78714-9971

Stacy Figlinski

Table of Contents

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

DB Install Additional Pump on OR Chilled Water Loop; Project 548-23-122 The contractor shall provide all labor, tools, and materials necessary for the following work: Install new pump on existing OR chilled water loop. The pump will match existing and will be installed in parallel with the two (2) existing pumps. Pumping capacity will be designed to carry full load. Control configuration will allow either of the three (3) pumps to act as the primary. Install new Eaton VFD for the new pump. The new VFD will match existing and will be located adjacent to the (2) existing pump VFDs. New VFD to have manual disconnect. The power feed to the two (2) existing pumps will be rewired by the contractor so that the pumps are not on the same electrical panel. New DDC controls with BACNET communication. Contractor shall use our installed BACnet compatible building automation system (BAS) for this project. Contractor shall provide all engineering and technical assistance required for integration into BAS. All devices installed shall be BACnet tested and approved and work seamlessly with existing BAS.

POP is 120 days after NTP Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 236220 - Commercial and Institutional Building Construction PRODUCT/SERVICE CODE: Z1DA - Maintenance of Hospitals and Infirmaries

REQUEST FOR PROPOSAL

SOLICITATION NO. 36C24823R0051

ISSUE DATE: November 16, 2022 - PHASE I PROPOSAL DUE DATE: December 8, 2022 at 5:00 PM EST

PROJECT NUMBER: 548-23-122

PROJECT TITLE: Design Build – Install Additional Pump on OR Chilled Water Loop

LOCATION: West Palm Beach VAMC, 7305 N. Military Trail, WPB FL 33410

PROJECT SUMMARY: The contractor shall provide all labor, tools, and materials necessary for the following work: Install new pump on existing OR chilled water loop. The pump will match existing and will be installed in parallel with the two (2) existing pumps. Pumping capacity will be designed to carry full load. Control configuration will allow either of the three (3) pumps to act as the primary. Install new Eaton VFD for the new pump. The new VFD will match existing and will be located adjacent to the (2) existing pump VFDs. New VFD to have manual disconnect. The power feed to the two (2) existing pumps will be rewired by the contractor so that the pumps are not on the same electrical panel. New DDC controls with BACNET communication. Contractor shall use our installed BACnet compatible building automation system (BAS) for this project. Contractor shall provide all engineering and technical assistance required for integration into BAS. All devices installed shall be BACnet tested and approved and work seamlessly with existing BAS.

PURPOSE: Install new pump on existing OR chilled water loop.

OFFICE ISSUING THIS REQUEST:

Department of Veterans Affairs Network Contracting Office (NCO) 8 8875 Hidden River Pkwy. Suite 560 Tampa, FL 33637 Contracting Officer: Stacy Figlinski Email: Stacy.Figlinski@va.gov Phone: (813) 940-2788

PART I – GENERAL INFORMATION

1. All references to “Bid” or “Bidder” shall be understood to mean “Offer” or “Offeror”.

2. DEFINITIONS

a. Design-Build (D/B) as defined by the Department of Veterans Affairs (VA) is the procurement by the Government, under one contract, with one firm or joint venture (JV) as identified in your basic contract, for both design and construction services for a specific project.

b. Contracting Officer Representative (COR): The COR responsible for administering contracts under the immediate direction of the Contracting Officer.

c. Design Build Contract: This term, as used herein, refers to the Contract to perform the design and construction of the project.

d. Contractor: This term, as used herein, refers to the contractor under this contract or the D/B team.

e. AE: This term, as used herein, refers to the Architect-Engineer firm(s)that are a part of the D/B team, also referred to as D/B/AE.

3. MAGNITUDE OF CONSTRUCTION: Between $100,000.00 and $250,000.00

4. Site Visit: An organized site visit is scheduled for Phase I. Participants are to meet at 1:00 PM EST, November 28, 2022, at the Engineering Office BC-231, 7305 N. Military Trail, WPB FL. Please notify the Contracting Officer via e-mail of your firm’s intent on coming to the site visit by 12:00 PM, November 25, 2022. The Government requests that parties be limited to prime representative and estimator. All questions are to be submitted as Requests for Information (RFIs) per #6 below.

5. OFFER ACCEPTANCE PERIOD: Offers providing less than one-hundred and twenty (120) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

6. REQUESTS FOR INFORMATION: Requests for Information (RFIs) shall be submitted by the prime contractor through email only to Stacy.Figlinski@va.gov. No solicitation questions will be accepted in any other format. DO NOT discuss project requirements with any WPB VAMC staff during solicitation phases 1 and 2.

The cutoff for submission of RFIs for Phase I is November 30, 2022 at 10:00 AM EST. Phase I RFI’s should address Phase I evaluation factors only. If Phase II questions are asked, they will be deferred until Phase II. All questions will be combined and sent for technical response on November 30, 2022. Responses will only be provided through an Amendment posted to SAM.gov in a Question & Answer format after that date.

8. SPECIFICATIONS AND DRAWINGS: All applicable specifications and drawings, if available, will be provided electronically in SAM.gov as attachments to this RFP. No hard copies will be made available to proposing contractors.

9. SDVOSB Verification – The Government will review VetBiz (https://www.vip.vetbiz.gov/) to confirm SDVOSB status verification for the submitted proposal. Evaluations will be performed on proposals submitted by verified SDVOSBs only. Subsequent confirmation of SDVOSB verification status will be performed for the apparent awardee.

10. LIMITATIONS ON SUBCONTRACTING (Reference Contract Clause FAR 52.219-14 for further information): By submission of an offer and execution of a contract, the Offeror agrees that in performance of the contract, the concern will perform at least fifteen (15) percent of the cost of the contract, not including the cost of materials, with its own employees.

11. FUNDS: Funding is available for this acquisition.

12. BONDS (Reference Contract Clause FAR 52.228-15 for further information on applicability):

A payment and performance bond shall be provided. The penal sum shall be one-hundred percent (100%) of order price. Bonds and other payment protection shall be provided within 10 calendar days of award of the Contract. Notice to proceed will not be issued until the Contractor provides sufficient bonding to cover the work being performed. Provide electronically only. NCO 8 no longer accepts bonds through the mail.

13. OFFER GUARANTEE (BID BOND) (SUBMIT WITH YOUR PRICE PROPOSAL): Per FAR Clause 52.228- 1-Bid Guarantee, the amount of the bid guarantee shall be 20 percent of the bid price Or $3,000,000, whichever is less. Provide with price proposal.

14. WAGE DETERMINATION: Wages for all contractors and subcontractors must comply with Davis Bacon Wage Determinations. The current determination is General Decision FL20220220 09/30/2022. Be advised the determination that is current at the time of the Contract award is the determination that will apply for the project. Current determinations are always available at: http://www.sam.gov/.

15. CONTRACT PERFORMANCE PERIOD: 120 calendar days after receipt of written Notice to Proceed performed in concurrent or sequential phases as indicated or required. If you anticipate long lead times for project materials, state this in your technical proposal with your estimated lead time for the specific item.

16. Work Element No. 1 (Design Build Effort Required): Contractor shall develop project design documentation including drawings, specifications, design analysis etc. representative of a 30% and 95%, completion stages. The (95%) review submission packages will incorporate the final review comments from the (30%) review. Upon completion of design, and upon acceptance by the Government, construction execution shall commence and be completed in accordance with contract requirements.

PART II – PROPOSAL PREPARATION AND EVALUATION INFORMATION

1. This RFP addresses both the Phase One and Phase Two proposal requirements. Do not submit the pricing information requested in Phase II with the Phase I proposal.

2. The Phase I proposals will be evaluated to determine which offerors will be invited to submit Phase II technical and price proposals.

3. A maximum of five (5) most highly rated Phase I proposals will be invited to submit a Phase II proposal.

4. Prospective vendors shall provide their proposal in any of the following formats: .pdf, .docx, or .doc to the issuing office address identified above. All technical proposals and the price proposal shall be provided via email to Stacy.Figlinski@va.gov. The technical proposal shall address each of the evaluation criteria.

During Phase II, the price proposal shall be provided as a separate file from the technical proposal. The price proposal shall include a copy of the vendor VETBIZ registration information, a copy of the vendor SAM.GOV registration information, and a price sheet with pricing on the statement of items. While there is no page limit to the price proposal, it shall also be on 8 ½” x 11” pages, when printed. The statement of items shall be filled out in its entirety.

5. Technical Proposal Format: Technical Proposals shall address all information requested and will then be evaluated against the stated factors. The following format shall be used:

PHASE I

1. GENERAL INFORMATION (not part of page count):

a. Cover Page with Solicitation Number, Project Title

b. Signed offer/Acknowledgement of Amendments

c. Copy of current vetBiz.gov SDVOSB certification

6. TECHNICAL PROPOSAL REQUIREMENTS

Phase I

Factor I – Contractor Team and Personnel

Provide relevant professional qualifications and experience of individual personnel proposed to perform the work to include a brief explanation of duties to be performed to accomplish the task.

Formatting and Other Restrictions The submission is limited to 20, 8-1/2” x 11” pages in total.

Factor II - Specialized Experience and Capability

Provide relevant examples of other contracts or projects that demonstrate the Contractor's suitability for being selected for this contract. Submit not less than 3 and no more than 5 relevant examples. Experience in the geographical area of the project and knowledge of the locality may score higher.

Formatting and Other Restrictions The submission does not have a page limitation.

Factor III – Schedule and Capacity

Describe your firm’s approach and ability to meet the proposed schedule.

Formatting and Other Restrictions The submission does not have a page limitation.

Phase II

Factor IV – Relevant Past Performance

Submit client references for any project listed in Factor 2 using Attachment 6. The Government also reserves the right to evaluate past performance on previously awarded task orders or contracts, along with other information that may be available.

Formatting and Other Restrictions The submission does not have a page limitation

Factor V - Price Proposal The Government will evaluate price based on the total price. Contractor is to complete Attachment 5. Total price consists of the basic requirement.

The price proposal shall show direct and indirect project price break down. The price breakdown shall reflect the Base proposed items using at a minimum the following cost elements:

(1) Labor (Direct & Indirect),

(2) Materials, Material Markups, Materials overhead,

(3) Equipment

(4) Subcontractor Cost

(5) Travel

(6) Other Direct Costs

(7) Overhead expenses

(8) Indirect Cost

(9) General & Administrative (G&A) expenses

(10) Profit

Technical Evaluations - All technical factors when combined are more important than cost or price.

Offerors are advised that if the technical proposals are essentially equal, award will be made on the basis of the lowest cost.

PART III - AWARD

a. The Government will evaluate proposals submitted in response to this solicitation which meet the requirements that have been provided in Parts I and II above.

b. This procurement will be a single award on a trade-off basis resulting from this solicitation to the responsible offeror.

c. Award may be made without discussions, except for minor clarifications.

LIST OF ATTACHMENTS:

Attachment 1 548-23-122 010000 Spec Attachment 2 548-23-122 014219 Spec Attachment 3 548-23-122 01321615 Spec Attachment 4 548-23-122 013323 Spec Attachment 5 Project Price Breakdown Attachment 6 Experience Information Sheet Attachment 7 VA Info and Info System Security Attachment 8 WD FL20220220 09.30.2022 Attachment 9 Combating COVID Attachment 10 548-23-122 001121 Spec/SOW Attachment 11 548-23-122 AE Instructions DB Attachment 12 Design Manual Index Attachment 13 Location Plan Attachment 14 Site Plan

Milestone dates for this solicitation are below. These dates are estimates only.

548-23-122 DB – Install Additional Pump on OR Chilled Water Loop

Phase 1

Phase 2

Page 1 of Page 1 of

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.215-5 FACSIMILE PROPOSALS (OCT 1997)

(a) Definition. "Facsimile proposal," as used in this provision, means a proposal, revision or modification of a proposal, or withdrawal of a proposal that is transmitted to and received by the Government via facsimile machine.

(b) Offerors may submit facsimile proposals as responses to this solicitation. Facsimile proposals are subject to the same rules as paper proposals.

(c) The telephone number of receiving facsimile equipment is: .

(d) If any portion of a facsimile proposal received by the Contracting Officer is unreadable to the degree that conformance to the essential requirements of the solicitation cannot be ascertained from the document—

(1) The Contracting Officer immediately shall notify the offeror and permit the offeror to resubmit the proposal;

(2) The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the offeror; and

(3) The resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timeliness, provided the offeror complies with the time and format requirements for resubmission prescribed by the Contracting Officer.

(e) The Government reserves the right to make award solely on the facsimile proposal. However, if requested to do so by the Contracting Officer, the apparently successful offeror promptly shall submit the complete original signed proposal.

(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 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021)

(a) Offerors shall obtain from each person acting as an individual surety on a bid guarantee—

(1) A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203–1; and

(2) Standard Form 28, Affidavit of Individual Surety.

(b) The Offeror shall include with its offer the information required at paragraph (a) of this provision within the timeframe specified in the provision at FAR 52.228–1, Bid Guarantee, or as otherwise established by the Contracting Officer.

(c) The Contracting Officer may release the security interest on the individual surety’s assets in support of a bid guarantee based upon evidence that the offer supported by the individual surety will not result in contract award.

(End of Provision)

2.7 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

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

(b) An organized site visit has been scheduled for—

(c) Participants will meet at—

(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 PARTNERING

(a) In order to most effectively accomplish this contract, the Government proposes to form a cohesive partnership with the Contractor and its subcontractors. This partnership would strive to draw on the strengths of each organization in an effort to achieve a quality project, done right the first time, within the budget and on schedule.

(b) This partnership will be totally voluntary. 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. Partnering is defined as the creation of a relationship between the owner and contractor that promotes mutual and beneficial goals. It is a non-contractual, but formally structured agreement between the parties. The ultimate goal is the elimination of the "us" versus "them" thinking, and formation of a "we" mentality for the benefit of the project.

(c) Any cost associated with effectuating this partnership will be agreed to by both parties and will be shared equally with no change in contract price.

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2022) (JUL 2020) (DEVIATION) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

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

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(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 is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(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 is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(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 solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates II and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.

(C) If the acquisition value is $92,319 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[X](i) 52.204-17, Ownership or Control of Offeror.

[X](ii) 52.204-20, Predecessor of Offeror.

[](iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

[](iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Certification.

[](v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Certification.

[](vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

[](vii) 52.227-6, Royalty Information.

[](A) Basic.

[](B) Alternate I.

[](viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of Provision)

3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it ‘‘does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument’’ in paragraph (c)(1) in the provision at 52.204–26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212–3, Offeror Representations and Certifications–Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it ‘‘does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services’’ in paragraph (c)(2) of the provision at 52.204–26, or in paragraph (v)(2)(ii) of the provision at 52.212–3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.