S02 - Solicitation 36C26320R0173.pdf

36C26320R0173

United States Department of Veterans Affairs Proposal Request via Small Business Set-Asides Under NAICS Code 237120

Service Network Contracting Office 23 (VISN 23) Solicitation Number: 36C26320R0131

Project: Install Spill Containment Buckets, 656-20-Lumpsum Project Location: St. Cloud VA Health Care System, St. Cloud, MN 56303

Pre-Proposal Site Visit:

Thursday, August 6, 2020, at 1:00 pm CST

Site visit location is Building 13, 4801 Veteran’s Drive, St. Cloud, MN 56303 *Limit personnel sent to site to 1 prime 1 sub per interested contractor

Due Date for Proposal Questions:

Monday, August 10, 2020, at 1:00 pm CST

Due Date for Proposal Package:

Friday, August 14, 2020, at 2:00 pm CST

This sol ic i ta t ion adminis tered by:

Depar tment of Veterans Affa i rs

Network Contracting Office 23 (NCO 23) 316 Robert Street North, Suite 506

St Paul, MN 55101

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)

SOLICITATIONSOLICITATION

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.

2 42

36C26320R0173 X

07-29-2020

656-20-4-0256-0157 656-20-LUMPSUM

36C263

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

ATTN: Eric Reis, Contract Specialist 316 Robert Street N. STE. 506 St. Paul MN 55101

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

ATTN: Eric Reis, Contract Specialist 316 Robert Street N. STE. 506 St. Paul MN 55101

Eric Reis 651-293-3044

Project Number 656-20-Lumpsum, Install Spill Containment Buckets POC: Eric Reis, Email: eric.reis@va.gov

Contractor shall provide all labor, materials, tools, equipment, expertise, administration, supervision, permits, and transportation as necessary to perform work for the Install Spill Containment at the VA St. Cloud Health Care System (VASCHCS) in accordance with the specifications, drawings and Statement of Work.

All work shall be completed in accordance with project drawings/ specification and in compliance with the most current version of all applicable codes including, but not limited to: NFPA 101, International Building Code, National Electric Code, VA Barrier Free Design Guide, and VA guidelines for patient safety and infection control.

Contractor must be certified by the State of MN under MPCA Underground Storage Tank Program for installation and repair.

The overall period of performance for this project will be 30 calendar days from the issuance of the Notice to Proceed which includes all lead times for material/equipment acquisition, document preparation and all submittals.

NAICS code 237120 is applicable for this procurement with small business size standard of $39.5 million.

The magnitude of construction for this project is estimated to be less than $25,000.

There is only one site visit as identified in FAR 52.236-27. Thursday, August 6, 2020 at 1:00 PM CST at the VASCHCS.

NOTICE OF SMALL BUSINESS SET ASIDE:

This solicitation is issued in accordance with Public Law 103-355, the Federal Acquisition Streamlining Act of 1994, Sections 4004 and 7102, as a set-aside for Small Business, Pursuant to 15 U.S. Code §?644(a)(1)c), competition is restricted to Small Business construction firms, as there is a reasonable expectation that two or more offers from small business contractors will be received under this solicitation. The offeror MUST be registered in the System for Award Management (SAM) www.sam.gov at the time of proposal submission and maintain that registration to be eligible for award.

Please submit all RFIs/questions via email to eric.reis@va.gov prior to 2:00PM (CST) on Monday, August 10, 2020.

Answers will be provided via a solicitation amendment posted to Contract Opportunities.

The Government reserves the right not to answer any RFIs/questions submitted after the due date/time.

15 30

X X 52.211-10

X 10

Zero 2:00pm

08-14-2020

X

14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO 10 U.S.C. 2304(c)( ) 41 U.S.C. 3304(a) ( )

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY

PHONE: FAX:

28. NEGOTIATED AGREEMENT 29. AWARD Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31a. NAME OF CONTRACTING OFFICER

TO SIGN

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. AWARD DATE

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

(Include ZIP Code) (Include area code)

(Include only if different than Item 14.)

(Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

(Type or print)

(4 copies unless otherwise specified)

(Type or print) (Type or print)

(Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

(Must be fully completed by offeror)

(To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

***All line items must be priced***

CLIN 0001 Base $________________________

656-3600162-0256-854100-2543 0100501X7 Obligation Number: TBD

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

316 Robert Street N. STE. 506 St. Paul MN 55101

Y Department of Veterans Affairs

FMS-VA-2 (101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

X

Shea Colby Contracting Officer

Table of Contents

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)

A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION,

ALTERATION, OR REPAIR)– BACK

PRICE SCHEDULE SHEET

PRICE SCHEDULE BREAKDOWN SHEET

SCOPE OF WORK

SOLICITATION EVALUATION FACTORS

PROVISIONS AND CLAUSES

A.3 52.216-1 TYPE OF CONTRACT (APR 1984)

A.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

A.5 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE

OF THE WORK (MAY 2014)

A.6 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE

EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

A.7 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION

MATERIALS (MAY 2014)

A.8 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

A.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

3.2 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2019)...18

GENERAL CONDITIONS

4.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984) ALTERNATE I (APR 1984)

4.2 52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

4.3 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (DEVIATION 2019-

01)

4.4 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(JUL 2013)

4.5 52.223-20 AEROSOLS (JUN 2016)

4.6 52.223-21 FOAMS (JUN 2016)

4.7 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)

4.8 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

4.9 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

4.10 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

4.11 VAAR 852.232-70 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION

CONTRACTS (WITHOUT NAS– CPM) (NOV 2018)

4.12 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

4.13 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(APR 2019)

4.14 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019)

4.15 VAAR 852.236-90 RESTRICTION ON SUBMISSION AND USE OF EQUAL

PRODUCTS (APR 2019)

4.16 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT

ADMINISTRATION (APR 2019)

4.17 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT

(SEP 2019)

4.18 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN

2008)

4.19 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

4.20 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (MAR 2020)

List of Attachments

PRICE SCHEDULE SHEET

CLIN Description of Item Type Quantity Unit Price

0001 For all labor, materials, equipment, and associated costs to complete the work for PN: 656-20-Lumpsum, Install Spill Containment Buckets at the VA St.

Cloud Health Care System

(VASCHCS)

FFP 1 L.S. $

CLIN – Contract Line Item Number

LS – Lump Sum

PRICE SCHEDULE BREAKDOWN SHEET

Price Schedule Breakdown Sheet Project Title: Install Spill Containment Buckets Project Number: 656-20-Lumpsum Contractor:

Division # Division Title Base Project 1 General Requirements 2 Existing Conditions 3 Concrete 4 Masonry 5 Metals 6 Wood, Plastics and Composites 7 Thermal and Moisture Protection 8 Openings 9 Finishes 10 Specialties 11 Equipment 12 Furnishings 14 Conveying Equipment Subtotal General Building Construction $0

21 Fire Suppression 22 Plumbing 23 Heating, Ventilating and Air Conditioning 25 Integrated Automation 26 Electrical 27 Communications 28 Electronic Safety and Security Subtotal Mechanical and Electrical $0

31 Earthwork 32 Exterior Improvements 33 Utilities 34 Transportation Subtotal Site Improvements $0

Miscellaneous (Contractor shall identify any costs included)

Subtotal All Divisions & Miscellaneous (if any) $0 Profit Overhead Proposal Grand Total $0

SCOPE OF WORK

CONSTRUCT “INSTALL SPILL CONTAINMENT BUCKETS”

PROJECT #656-20-LUMPSUM

ST CLOUD VA HEALTH CARE SYSTEM

A. PART I – GENERAL

Base Project: Contractor must be a Certified Installer with the Minnesota Pollution Control Agency (MPCA). The Contractor needs to be a Licensed Tank Installation Contractor with the

MPCA.

Contractor shall provide and follow safety plan to ensure safety when working in Permit Required Confined Spaces in compliance with OSHA standards.

Contractor shall comply with screening process for entry into facility and sign in for a ‘day badge’ identification for days worked. A driver’s license or other government ID will be required to obtain day badge.

Contractor shall provide all parts and materials required to provide liquid-tight spill buckets in compliance with Minnesota Pollution Control Agency (MPCA) standards in eight (8) locations (2 near B54, 2 near B7, B97, B99, B103 and B113) with a deduct alternate to eliminate the work at three of these locations planned for future removal (B97, B99 and B103). One of the locations (near B54) is for a tank that stores gasoline, and the others are all diesel fuel tanks.

One of these location (B113) has a small spill bucket (circa 2013) that failed testing without a known cause. Contractor shall investigate and repair.

Requirements for the other locations may be met through installation of a retrofit spill containment bucket such as the EMCO Wheaton 5-gallon slip-on spill containment or approved equal. Submit information for approval on spill containment proposed for use. This may require replacement of overfill prevention valves, fittings and risers as needed to accommodate installation. This is the preferred method of compliance.

If the Contractor finds and demonstrates that this installation cannot be accomplished, the Contract can be satisfied through making the entire existing sump compliant (liquid-tight), or alternative means the Contractor proposes. If the Contractor proposes alternative means of providing a compliant spill bucket, information on the proposed means shall be submitted for review and approval by VA. If alterations to electrical systems are proposed, a licensed electrician will be required to perform the work, and VA approval will be required.

The Contractor shall preserve the type and function of the system, including but not limited to safe suction system, secondary containment and overfill protection and monitoring systems.

Contractor shall provide documentation of all work completed in each location.

Contractor shall certify compliance (using an agency approved tester) with MPCA Spill Bucket Integrity test at all 8 locations no later than October 9, 2020.

Contractor shall use materials compatible with those already installed and shall comply with VA Standard Specifications for materials and installation (excerpts attached) for the diesel fuel tanks, and with all applicable MPCA rules and requirements.

1. Work includes, but is not limited to:

a. Demolition, replacement and reconfiguration of equipment and piping inside of existing tank sumps, and installation of 5-gallon liquid tight spill buckets within existing sumps in 4 locations (additional 3 locations by alternate). Repair of existing spill bucket (separate from sump) and appurtenances in one location.

b. Work may involve entry into permit required confined spaces, and the Contractor will be required to provide and comply with a safety plan for this work.

c. Contractor shall remove from the VA site and dispose of all equipment and materials not scheduled to be reused.

d. Contractor shall test new and repaired spill buckets and provide passing test documentation and documentation of proper disposal of testing water.

e. No lead or asbestos are expected to be encountered.

f. Contractors are required to be Minnesota Pollution Control Agency certified for the purposes of Installation and Repair.

g. All materials and equipment required to do the work shall be provided by the

Contractor.

h. Project Alternate: The work associated with 3 locations, at Building 97, 99 and 103.

B. Anticipated Schedule:

Contract award* D

Pre-construction conference D+10

Notice to Proceed (NTP) D+15

Construction start D+20

Construction completion D+45

The anticipated substantial completion of this project is 30 calendar days after NTP.

C. Cost Range The anticipated cost range for this project is Less than $25,000

- - - E N D - - -

SOLICITATION EVALUATION FACTORS

Project: 656-20-Lumpsum, Install Spill Containment Buckets

This is a competitive task order procurement using the lowest price technically acceptable approach. Award of project task order will be made on the basis of the lowest evaluated proposal meeting or exceeding the technical acceptability standards for all below non-price factors.

EVALUATION PROCEDURES:

If an Offeror is determined unacceptable in any/all below listed non-price factors, price shall not be considered, and that Offeror’s proposal is determined unacceptable overall. If an Offeror is determined acceptable in all three below listed non-price factors, then price shall be considered, along with the other Offeror(s) who were also determined acceptable. The lowest price proposal from the acceptable pool will be awarded the task order.

Selection and Award without Discussions: It is the intent of the Government to make award based upon initial offers, without further discussions or additional information but the Government reserves the right to conduct such if so needed.

Discussions: Discussions are usually conducted in writing but may also be by telephone or in person. Discussions are tailored to each offeror's proposal. The primary objective of discussions is to maximize the Government's ability to obtain the best value, based on the requirement and the evaluation criteria set forth in this solicitation. If a firm's proposal is eliminated or otherwise removed from consideration for award during discussions, no further revisions to that firm's proposal will be accepted or considered. Discussions will culminate in a request for Final Proposal Revision, the date and time of which will be common to all remaining firms.

TECHNICAL RATINGS

The Technical Evaluation Board (TEB) will evaluate each offeror’s proposal against the evaluation factors to determine whether the proposal is acceptable or unacceptable, using the ratings and descriptions outlined in below for technical factors.

Technical Acceptable/Unacceptable Ratings:

Rating Description Acceptable Proposal clearly meets the minimum requirements of the solicitation

Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation

The following are the proposal evaluation factors for subject project:

1. Technical Qualifications: Certifications Required (non-price factor)

2. Technical Approach: (non-price factor, limited to 5 pages)

3. Price Proposal: (price factor)

Factor 1 – Technical Qualifications – Contractor must have the following certification(s) and licensure:

Contractor must be a Certified Installer with the Minnesota Pollution Control Agency

(MPCA).

The Contractor needs to be a Licensed Tank Installation Contractor with the MPCA.

Factor 2 – Technical Approach – The contractor must provide a narrative describing how a compliant spill bucket will be provided in each location and the proposed schedule of the work.

As a minimum, the schedule must include the following to receive an acceptable rating for this factor:

1. Mobilization.

2. Identification of specific long lead time items.

3. Submittals.

4. Government & contractor inspections.

5. Completion of punch list items.

No more than 5 pages

Factor 3 – Price Proposal - Price will be evaluated to determine the lowest priced technically acceptable vendor. The total evaluated price will be determined by using the offeror’s total price.

A price analysis will be used to evaluate all CLINs to support the selection of the lowest priced, technically acceptable offeror. Price reasonableness will be established using any necessary price / cost analysis techniques in FAR 15.404-1, including but not limited to price competition information and the Independent Government Estimate (IGE), along with any other pricing tools deemed necessary. The price evaluators will check for appearance of unbalanced line item prices in the cost breakdown. Offerors are cautioned to distribute direct costs, such as material, labor, equipment, subcontracts, etc. and to evenly distribute indirect costs, such as job overhead, home office overhead, etc., to the appropriate contract line items. Both parties shall presume that field overhead costs through the proposed contract duration are inclusive in the offered price for the contract. Price will not be rated or scored but will be evaluated for fairness and reasonableness through the use of a price analysis. Award cannot be made for project cost for construction exceeding the cost limitation, if applicable, described herein.

Price Evaluation Factors:

The offeror shall submit the properly filled out lump sum Price Schedule included in the solicitation, containing proposed line items and total pricing, as well as the proposed contract duration and all deductive items, if applicable.

• Supplemental Price Breakdown. The contractor shall submit a price schedule with a cost breakdown of all major cost elements.

• Award will be made to the lowest price technically acceptable offer. An award cannot be made if the successful offer’s proposal price exceeds available funding or cost limitations, if applicable.

• The offeror shall submit a bid guarantee in IAW FAR 52.228-1.

PROVISIONS AND CLAUSES

A.3 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)

A.4 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (DEC 2019)

The Offeror shall not complete the representation in 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 the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications—Commercial Items.

(a) Definitions. As used in this provision—

Covered telecommunications equipment or services, critical technology, and substantial or essential component have the meanings provided in clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. 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. Contractors are not prohibited from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(c) 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”.

(d) Representation. The Offeror represents that it [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered telecommunications equipment or services, the Offeror shall provide the following information as part of the offer—

(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known);

and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of Provision)

A.5 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)

A.6 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO

ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION

(FEB 1999)

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

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

Goals for minority participation for each Goals for female participation for each trade trade

0.5 % 6.9 %

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

Stearns County Minnesota

(End of Provision)

A.7 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)

A.8 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—

Thursday, August 6, 2020, at 1:00 pm CST

(c) Participants will meet at—

Building 13, 4801 Veteran’s Drive, St. Cloud, MN 56303

(End of Provision)

A.9 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/

FAR Number Title Date

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING

JUL 2016

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL JAN 2017

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE APR 1991

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY APR 1991

52.215-1 INSTRUCTIONS TO OFFERORS—COMPETITIVE

ACQUISITION

JAN 2017

52.228-1 BID GUARANTEE SEP 1996

52.236-28 PREPARATION OF PROPOSALS—CONSTRUCTION OCT 1997

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

(a) Definitions. As used in this provision—

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that—

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See http://www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ‘‘Unique Entity Identifier’’ followed by the unique entity identifier that identifies the Offeror’s name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

(End of Provision)

3.2 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC

2019) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237120.

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

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

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

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

[ ] (i) Paragraph (d) applies.

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

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

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

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

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

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

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

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

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

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

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

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

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

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

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

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

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

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

(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 I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.

(D) If the acquisition value is $80,317 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.

FAR Clause # Title Date Change

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.

GENERAL CONDITIONS

4.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK (APR 1984) ALTERNATE I (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 15 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 30 days after receipt of notice to proceed. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by . The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

(End of Clause)

4.2 52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgment of the Contracting Officer, is justified.

(End of Clause)

4.3 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE

(DEVIATION 2019-01)

(a) Definition. "Small business concern," as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) Applicability. This clause applies only to—

(1) Contracts that have been totally set aside or reserved for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement.

(1) For a contract at or below the simplified acquisition threshold, a small business concern may provide the end item of any firm. For a contract exceeding the simplified acquisition threshold and the requirements of paragraphs (d)(1)(i) through (iii) of this clause have not been waived by SBA in accordance with 13 CFR 121.1204, a small business concern that provides an end item it did not manufacture, process, or produce,…