S02. 36C24623B0050 - Solicitation (Fisher House Egress Stair) - FINAL.docx

1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

Prescribed by GSA-FAR (48 CFR) 52.236-1(d)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SEALED BID (IFB)

NEGOTIATED (RFP)

11. The Contractor shall begin performance within ____________ calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See _____________________________).

YES

NO

a.

Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

b.

An offer guarantee is, is not required.

c.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d.

Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

36C24623B0050 X

652-20-117 36C246 Contracting Officer Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 Aaron Holmes (757)722-9961 ext 8845 Project Title: Fisher House 1 Egress Stair | Project Number: 652-20-117 NAICS Code: 236220 | Size Standard: $45M IAW FAR 36.204, Magnitude of construction is between: $250,000 and $500,000

Project Description: Construction of Egress Stairs for Fisher House No. 1 at Richmond, VA Medical Center Base Bid: Provides for the construction of a new stair and exterior door opening at the existing two-story Fisher House at VAMC Richmond Campus. The new construction will be designed to meet all applicable building codes and VA criteria and and will follow the provided construction plans.

Alternate Deducts: NONE

This contract will be awarded IAW FAR 14 - Sealed Bidding THIS IS A 100% SERVICE DISABLED VETERAN OWNED SMALL BUSINESS (SDVOSB) SET-ASIDE IAW 38. U.S.C. 8127 (d).

All offerors are required to be verified and visible in the SBA VetCert database.

IAW established public law, all offerors are required to be registered and current in System for Award Management (SAM) database (SAM.gov) at the time of award.

PRE-BID CONFERENCE / SITE VISIT

A pre-bid conference/site visit will be held on 8/9/23 at 11:00AM EST.

Interested parties will meet at Fisher House 1.

1201 Broad Rock Blvd, Richmond, VA 23249

QUESTIONS

Please direct all questions to Contract Specialist Aaron Holmes by email ONLY to aaron.holmes@va.gov.

Questions are due no later than 8/16/2023 by 5:00PM EST Questions received before the due date will be answered by amendment.

Late questions will NOT be answered. No phone calls please.

BID OPENING & SUBMISSION

A public bid opening will take place on site on 8/23/23 at 11:00AM EST.

Bids submitted by mail or electronically are due no later than 5:00PM EST on 8/22/23.

Late bids will not be accepted. Bid Bond is required.

Prime SDVOSB shall comply with subcontracting limitation as defined in 13 CFR 125.6 Award is subject to the availability of funds.

X X

52.211-10 X one (1) 11:00am

EDT

08-23-2023 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

BID AMOUNT: __________________________________

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

Department of Veterans Affairs Financial Services Center

PO BOX 149971

Austin TX 78714-9971 512-460-5049 512-460-5221

Nicholas Ruppert Contracting Officer

Table of Contents

A.3 PRICING SCHEDULE

The contractor shall provide all labor, materials, tools, equipment, and supervision to perform all operations necessary to complete construction of Egress Stairs at Fisher House 1 located on the Richmond VA Medical Center campus.

All work shall be in strict accordance with the Statement of Work (SOW) and will include final clean up and completion of any punch list items.

A.4 STATEMENT OF WORK

Statement of Work Hunter Holmes McGuire VA Medical Center Richmond Virginia Project Name – Fisher House 1 Egress Stairs Project Number # 652-20-117

Overview: Contractor shall provide all equipment, labor, materials, and supervision as necessary to construct an egress staircase. This work is to comply with current VA standards for hospital construction and patient care.

Description of Work: This project provides for the construction of a new stair and exterior door opening at the existing two-story Fisher House at VAMC Richmond Campus. The new construction will be designed to meet all applicable building codes and VA Criteria and will follow the provided construction plans.

Areas of Work: Fisher House 1, Building 512

General Requirements Items: The project design includes the following items:

1. Architectural

2. Demolition

3. Electrical

4. Fire Protection

5. Mechanical

6. Plumbing

7. Structural

Completion Time: Construction is anticipated to take two hundred and forty-five (245) days after the notice to proceed.

Additional notes:

Contractor shall field verify all measurements, material quantities, and site conditions prior to submitting a bid.

Any conditions that cannot be readily verified during site visit should be addressed in the RFI process and are the sole responsibility of the contractor making the bid to seek further information for any conditions that would need to be included in estimate. Assumptions of existing conditions should not be made (no guarantees are made by the VA on unforeseen existing conditions)- if Contractor does not submit an RFI then Contractor assumption will be corrected at the Contractor’s expense.

Contractor is responsible for dust control during demolition and during hauling operations when traversing through the job site, all areas not under construction shall be blocked off with poly walls and floors protected with RAM Board in construction areas. All fire and smoke detectors shall be protected also, and any fire panel outage reported to the COR and Safety.

Contractor shall coordinate with COR for waste removal. All waste shall be removed at the end of each day. Contractor shall remove and dispose of waste in accordance with all legal and VA Specification 01 74 19 Construction Waste Management. (www.cfm.va.gov/til/spec/017419.doc)

Contractor shall store all materials in approved lay down area. Contractor shall coordinate delivery, storage, and handling of all materials with the COR to designated prepared areas to minimize site storage time, impact to the hospital, and potential damage to stored materials.

Contractor shall follow all parking requirements specified in the general requirements as well as allowing no personal owned vehicles (POV) on job site, all contractor vehicles will be clearly marked with a company logo either on the vehicle or on the dashboard visible from 15 feet. Workers can park in the employee parking lot if not using company vehicles to arrive at job site.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 GENERAL STATEMENTS TO BIDDERS/OFFERORS

1. SUBMISSION OF BIDS:

The bidder shall submit the following in response to this Invitation for Bids:

(a) A completed and signed Standard Form 1442. Contractor must acknowledge all amendments in block 19 at the time of the bid opening.

(b) A completed copy of the Representations and Certifications.

(c) A fully executed bid bond.

(d) Documentation of safety record.

(e) Itemized Schedule of Values Cost breakdown.

(f) Signed 52.219-28

(g) Signed 852-219-75

NOTE 1: Offerors must submit an Itemized Schedule of Values Cost breakdown in their bid in sufficient detail to permit a complete analysis of labor, materials, equipment, transportation, supervision, disposal costs, overhead, and profit. This breakdown shall cover all work involved in accordance with (IAW) the Statement of Work (SOW). If an Itemized Schedule of Values Cost breakdown is not provided, the bidder’s or offeror’s bid will be deemed non-responsive.

NOTE 2: Copies of all subcontractor quotes are required.

2. PRE-BID CONFERENCE/SITE VISIT: A pre-bid conference/site visit has been scheduled for August 9th, 2023, at 11:00am EST. Interested parties shall first meet at Fisher House 1 on the Richmond, VA Medical Center Campus. See Attachment D – Map of Fisher House 1. This pre-bid conference will be the only opportunity for potential bidders to visit the site.

NOTE: QUESTIONS REGARDING THIS SOLICITATION MUST BE SUBMITTED VIA E-MAIL TO aaron.holmes@va.gov; NO TELEPHONE QUESTIONS WILL BE ACCEPTED. CUT OFF FOR QUESTIONS IS AUGUST 16th 2023 BY 5:00PM EST. NO FURTHER QUESTIONS WILL BE ADDRESSED AFTER THAT DATE/TIME.

3. BID SUBMISSION & OPENING: All bids shall be submitted by the prime contractor. Bids may be submitted by any of the following methods:

· By electronics means through email to aaron.holmes@va.gov and nicholas.ruppert@va.gov. Submit bids via email to the Contract Specialist and Contracting Officer ONLY. All bids submitted electronically are due no later than 5:00PM EST on August 22nd, 2023.

· By mail or delivery service. All bids submitted by mail must be in a sealed, self-address stamped envelope and must be received by 5:00PM EST on August 22nd, 2023. Please remember to include a return address with offeror’s name. Please submit bid my mail to the address below:

Contracting Specialist Aaron Holmes, NCO 6 100 Emancipation Dr, Bldg. 27 Hampton, VA 23667

· In person at the bid opening on the morning of August 23rd, 2023, no later than 11:00AM EST. Please ensure all bid documents are in a sealed envelope with the offeror’s name clearly labeled on the front.

NOTE: To be considered and accepted as timely the bid must be uploaded, mailed, or submitted in its entirety prior to the deadline. Failure to provide a bid in its entirety prior to the deadline will render the bid noncompliant.

A PUBLIC BID OPENING WILL BE AT FISHER HOUSE 1 ON THE RICHMOND VA MEDICAL CENTER CAMPUS. BID WILL BE OPENED AND READ ON WEDNESDAY, AUGUST 23rd AT 11:00AM EST.

See Attachment D – Map of Fisher House 1 for location.

4. BASIS FOR AWARD: The Government intends to award a contract to the responsible bidder with the lowest evaluated price. Offerors must submit a cost breakdown in sufficient detail to permit a complete analysis of labor, burden, materials, equipment, transportation, supervision, and disposal. When price is the only factor considered, award will be based on the lowest reasonable price received. Award will be made to the responsible bidder (see FAR 9.1) whose bid is responsive to the terms of the invitation for bids and is most advantageous to the Government, considering only price and price relate factors included in the invitation, as provided in FAR subpart 14.4.

5. TECHNICAL BID: A technical bid is not required.

6. EVALUATION OVERVIEW: Bids will be evaluated and ranked according to price and price alone, from lowest to highest. All bids shall include a cost breakdown in sufficient detail to permit a complete analysis of labor, burden, materials, equipment, transportation, supervision, and disposal. The Government may use various price analysis techniques and procedures to make a price reasonableness determination. Bids unreasonably high or unrealistically low in price, when compared to the Government estimate, and market conditions evidenced by other competitive bids received, may be indicative of an inherent lack of understanding of the solicitation requirements and may result in bid rejection without discussion.

7. SAFETY AND ENVIRONMENTAL RECORD: In accordance with VHA Directive 7715 the Contract Specialist and Contracting Officer will review the offeror’s safety and environmental record as part of their standard responsibility determinations in accordance with FAR 9.105. In order to be eligible for consideration and award, the contractor shall have no more than two serious, one repeat, or one willful OSHA or EPA Violation(s) in the past 5 years. Should the offeror not meet the standard of having no more than two serious, or one repeat, or one willful OSHA or EPA violation(s) in the past 5 years and an Experience Modification Rate of equal to or less the 1.0, the Contracting Officer will follow the procedures from FAR 19.602-1 and refer the matter to the cognizant SBA Government Contracting Office.

Upon the conclusion of the bid opening, the Government may request any or all of the following:

1. A self-certification on company letterhead that the bidder has no more than two (2) serious, or one (1) repeat or one (1) willful OSHA or any EPA violation(s) in the past five years along with copies of their OSHA logs (OSHA Form 300A) for the past three years. If the firm has been in business for less than three years, they shall submit copies of their OSHA logs for the period of time they have been in business.

2. Information regarding their current Experience Modification Rate (EMR) equal to or less than 1.0. This information shall be obtained from the bidder's/offeror's insurance company and be furnished on the insurance carrier's letterhead. Self-insured contractors or other contractors that cannot provide their EMR rating on insurance letterhead must obtain a rating from the National Council on Compensation Insurance, Inc. (NCCI) by completing/submitting form ERM-6 and providing the rating on letterhead from NCCI. Note: Self-insured contractors or other contractors that cannot provide EMR rating on insurance letterhead from the states or territories of CA, DE, MI, NJ, ND, OH, PA, WA, WY, and PR shall obtain their EMR rating from their state-run worker's compensation insurance rating bureau.

8. TRAINING: All employees of the general contractor and subcontractors shall have the 10-hour OSHA certified construction safety course and/or other relevant competency training, as determined by the COR with input from the ICRA (Infection Control Risk Assessment) team. The General Contractor’s competent person shall have completed the 30-hour OSHA certified construction safety course. Documentation of training shall be submitted to the Contracting Officer for review and approval prior to any work being performed. No ID badge will be issued to an employee who does not provide this documentation. There shall be no exceptions to this requirement.

9. MAGNITUDE OF CONSTRUCTION: IAW FAR 36.204, the magnitude of construction is estimated to be between $250,000 and $500,000.

10. DESCRIPTION OF WORK: Contractor shall provide all administration, supervision, labor, materials, tools, and equipment, and perform all operations necessary to Egress Stairs in Fisher House 1 at the Richmond VA Medical Center (RIMVAC) in accordance with the plans and specifications. Work will be performed according to project specifications and drawings. A security Accreditation Package is not required.

11. COMPLETION TIME: All work shall be completed within 245 calendar days from receipt of the Notice to Proceed (NTP).

12. SDVOSB SET-ASIDE: This procurement is 100% set-aside for Service-Disabled, Veteran-Owned Small Business (SDVOSB). Bids are solicited only from SDVOSB concerns. Bids received from non-SDVOSB concerns will be rejected. In order to be considered, the firm must be registered in the SBA’s Veteran Small Business Certification (VetCert) database as a certified SDVOSB at the time of bid submission (https://veterans.certify.sba.gov).

13. CONTRACTOR RESPONSIBILITY: Contractor shall be required to complete all contract work and schedule a final inspection within the specified contract performance period. Should the Contractor fail to complete the contract work (including scheduling of the final inspection), and it is determined by the Government to be a Contractor-caused delay, the Contractor shall be in default status. If the Government determines it to be in the best interest of the Government to allow the Contractor to continue to perform contract work, the Contractor shall provide equitable consideration to the Government for additional time granted for completion of contract work. Such agreement shall not be deemed a waiver of the Government’s right to terminate this contract in the event the Contractor fails to complete the contract work (including scheduling of the final inspection) on or before the completion date.

14. TB TESTING: In accordance with section 01 35 26 -1.13 Safety Requirement Tuberculosis Screening of the specifications,

(a) The contractor must provide written certification that all contract employees assigned to the work site have had a pre-placement tuberculin screening within 90 days prior to assignment to the worksite and been found have negative TB screening reactions. Contractors will be required to show documentation of negative TB screening reactions for any additional workers who are added after the 90-day requirement before they will be allowed to work on the work site.

NOTE: This can be the Center for Disease Control (CDC) and Prevention and two-step skin testing or a Food and Drug Administration (FDA)-approved blood test.

(b) Contract employees manifesting positive screening reactions to the tuberculin must be examined according to current CDC guidelines prior to working on VHA property.

(c) Subsequently, if the employee is found without evidence of active (infectious) pulmonary TB, a statement documenting examination by a physician must be on file with the employer (construction contractor), noting that the employee with a positive tuberculin screening test is without evidence of active (infectious) pulmonary TB.

(d) If the employee is found with evidence of active (infectious) pulmonary TB, the employee would require treatment with a subsequent statement to the fact on file with the employer before being allowed to return to work on VHA property.

15. KEYS: All keys provided the Contractor for use during the project shall be returned to the Contracting Officer's Representative (COR) at completion of the work or upon request. No keys shall be reproduced by the Contractor. There shall be a charge of $10.00 for each key that is lost or not returned to the COR. Payment shall be made to the Richmond VA Medical Center upon receipt of a Bill of Collection.

16. PREPARATION OF BIDS/OFFERS/BIDS: The Government will not pay for any costs incurred in preparation and/or submission of bids.

17. PRIVACY AND CONFIDENTIALITY: Contractors to the Department of Veteran Affairs may be unintentionally exposed to sensitive information. Information may be overheard, seen on documents or electronic devices, or observed that could potentially violate the privacy and confidentiality of our veterans, employees, volunteers, and their families. Regulations such as, but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Freedom of Information Act (FOIA) and Privacy Act of 1974 have been enacted to protect sensitive information from being improperly disclosed. Information should not be divulged or released to anyone unless specifically authorized by this contract or attached documents in accordance with the contracted services. Failure to comply with applicable statutes and regulation can result in the termination of this contract and civil/criminal penalties, including fines and/or imprisonment. All suspected or actual breeches of privacy and confidentiality should be reported immediately to the Contracting Officer, Contracting Officer’s Representative (COR) or the Facility Privacy Officer.

18. VETS 100: 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 100 reporting information can be done electronically at: http://vets100.cudenver.edu. Award cannot be made unless the awardee has filed their VETS 100 report. Therefore, all bidders/offerors are encouraged to file every year.

19. SYSTEM FOR AWARD MANAGEMENT (SAM): Federal Acquisition Regulations require that federal contractors register in the System for Award Management (SAM) database at http://www.sam.gov and enter all mandatory information into the system. Award cannot be made until the contractor has registered. Bidders are encouraged to ensure that they are registered in SAM prior to submitting their bid.

20. CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM:

(a) FAR 42.1502 direct all Federal agencies to collect past performance information on contracts. The Department of Veterans Affairs has implemented use of the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15(b). The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

(b) Please furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm’s past performance evaluation(s) for the contract no later than 30 calendar days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(c) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, system requirements, and training information for CPARS are available at www.cpars.gov. The CPARS User Manual, registration for online training for Contractor Representatives may be found at this site.

(d) Within 60 calendar days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation and the report will be accessible at www.cpars.gov. Contractor Representatives may then provide comments in response to the evaluation or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official’s narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1-17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection evaluations. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating, “No Comment” in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPARS within 30 days, it will automatically be returned to the Government and will be annotated: “The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment.” Your response is due within 30 calendar days after receipt of the CPARS.

(e) The following guidelines apply concerning your use of the past performance evaluation:

(1) Protect the evaluation as “source selection information.” After review, transit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determination, production readiness reviews, or other similar purposes.

(f) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven calendar days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30-day review period.

(g) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been completed.

2.2 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)

2.3 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES—REPRESENTATION (OCT 2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and “reasonable inquiry” have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations. (1) The Offeror represents that it [ ] does, [ ] 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.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ] does, [ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of Provision)

2.4 52.214-31 FACSIMILE BIDS (DEC 1989)

(a) Definition. "Facsimile bid," as used in this solicitation, means a bid, modification of a bid, or withdrawal of a bid that is transmitted to and received by the Government via electronic equipment that communicates and reproduces both printed and handwritten material.

(b) Bidders may submit facsimile bids as responses to this solicitation. These responses must arrive at the place and by the time, specified in the solicitation.

(c) Facsimile bids that fail to furnish required representations or information or that reject any of the terms, conditions, and provisions of the solicitation may be excluded from consideration.

(d) Facsimile bids must contain the required signatures.

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

(f) Facsimile receiving data and compatibility characteristics are as follows:

(1) Telephone number of receiving facsimile equipment: Please send via email to: aaron.holmes@va.gov

(2) Compatibility characteristics of receiving facsimile equipment (e.g., make and model number, receiving speed, communications protocol): N/A

(g) If the bidder chooses to transmit a facsimile bid, the Government will not be responsible for any failure attributable to the transmission or receipt of the facsimile bid including, but not limited to, the following:

(1) Receipt of garbled or incomplete bid.

(2) Availability or condition of the receiving facsimile equipment.

(3) Incompatibility between the sending and receiving equipment.

(4) Delay in transmission or receipt of bid.

(5) Failure of the bidder to properly identify the bid.

(6) Illegibility of bid.

(7) Security of bid data.

(End of Provision)

2.5 52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of Provision)

2.6 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)

2.7 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: Richmond, VA

(End of Provision)

2.8 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)

2.9 52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20% percent of the bid price or $3 million, 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)

2.10 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)

2.11 52.233-2 SERVICE OF PROTEST (SEP 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Nicholas Ruppert nicholas.ruppert@va.gov

Hand-Carried Address:

Department of Veterans Affairs Contracting Office Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

Mailing Address:

Department of Veterans Affairs Contracting Office Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

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

(End of Provision)

2.12 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— August 9th, 2023 at 11:00AM EST

(c) Participants will meet at— Fisher House 1, Richmond VA Medical Center (End of Provision)

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

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

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

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

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

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

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

(6) State the form of relief requested; and

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

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

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

(End of Provision)

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

(a) As an alternative to filing a protest with the Contracting Officer, an interested party may file a protest by mail or electronically with: Executive Director, Office of Acquisition and Logistics, Risk Management and Compliance Service (003A2C), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420 or Email: EDProtests@va.gov.

(b) The protest will not be considered if the interested party has a protest on the same or similar issue(s) pending with the Contracting Officer.

(End of Provision)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $45 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, or 150 employees for information technology value-added resellers under NAICS code 541519, 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…