Attachment_3 Section_L Instructions_to_Offerors_20261104.docx

36C10F27R0003 Attachment 3

SECTION L

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

for DESIGN-BUILD & CONSTRUCTION (DBnC) for

VETERANS AFFAIRS HEALTHCARE ENTERPRISE

1.0 GENERAL INSTRUCTIONS

This is a best value source selection conducted in accordance with Federal Acquisition Regulation (FAR) 15.2 as supplemented.

1.1 Proposal Compliance. The Offeror's proposal shall include all data and information requested by this solicitation and these Instructions, Conditions, and Notices to Offerors or Respondents and shall be submitted in accordance with these instructions. If a proposal fails to conform to the instructions provided in this Section L, it may be deemed non-responsive, and the Offeror may be deemed ineligible for award.

Offerors are NOT permitted to take exception to any terms and conditions within the solicitation.

1.2 Proposal Clarity. The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. Offerors shall assume that the Government has no prior knowledge of their experience and will base its evaluation on the information presented in the Offeror's proposal.

Offerors shall not submit elaborate brochures or documentation, binding, detailed artwork, or other embellishments.

1.3 Communications

1.3.1 Solicitation Discrepancies. If an Offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the Offeror shall notify the Contracting Officer (CO) in writing with supporting rationale as well as the remedies the Offeror is asking the CO to consider as related to the omission or error.

1.3.2 Post Solicitation Conference. The Government will host a post solicitation conference for all interested parties on November 9, 2026, from 1:00pm to 4:00pm EST. The purpose of the conference is to allow interested Offerors the opportunity to ask questions pertaining to this solicitation. Offerors are strongly encouraged to submit questions in writing to the CO no later than November 4, 2026, to allow the Government adequate time to review and prepare responses for discussion during the conference. The Government will attempt to answer offerors questions during the conference but reserves the option to defer providing answers at a later date. The Government requests RSVPs and questions no later than November 4, 2026, by email to 003C4C.acquisitions@va.gov. This conference will be hosted on Microsoft Teams with an invitation including additional rules of engagement to follow. This post solicitation conference is the only opportunity for industry to ask questions unless the Government determines it is in its best interest to host another event. The Government is under no obligation to respond to written questions after this event.

1.4 Point of Contact. The CO is the sole point of contact for this acquisition. Offerors shall address any questions or concerns to the CO. All email communication shall be coordinated through the following e-mail address: 003C4C.acquisitions@va.gov.

1.5 Source Selection Information. Exchanges of source selection information between Government and Offerors will be controlled by the CO. Source selection information will be transmitted to Offerors electronically (e.g., via email, or System for Award Management (SAM)). If transmitted via email, the transmission must include “Source Selection Information – See FAR 2.101 & 3.104” in the Subject line. Questions pertaining to the proposal shall be submitted no later than the date and time identified in block 13a. of the solicitation (Standard Form (SF) 1442). The Government reserves the right to evaluate proposals and award the contracts without negotiations if the Procuring Contracting Officer (PCO) determines them not to be necessary. In the event negotiations are conducted, they will be conducted in accordance with FAR 15.204 and will be limited to those Offerors determined to be a part of the competitive range.

1.6 Electronic Reference Documents. All referenced documents for this solicitation can be found on the System for Award Management (SAM) website at https://sam.gov/content/home. Potential Offerors are encouraged to subscribe for real-time email notifications when information has been posted to the website for this solicitation. Offerors may contact the CO if they are unable to locate any of the referenced material.

Reference ID number: 36C10F27R0003 Solicitation

1.7 Proposal Records. In accordance with FAR 4.309 (Storage, handling, and contract files), the Government will retain one copy of all proposals.

1.8 Debriefings. The CO will promptly notify Offerors of any decision to exclude them from the source selection; whereupon the Offeror may request and receive a debriefing in accordance with FAR 15.206-2 or 15.301, as applicable. Offerors desiring a debriefing shall make their request in accordance with the requirements of FAR 15.206-2 or 15.301, as applicable. Offerors are entitled to no more than one debriefing.

1.9 Page Format.

1.9.1 Page Limitations. Page limitations shall be treated as maximums. If exceeded, the excess pages will not be read or considered in the evaluation of the proposal. Each page shall be counted except the following: cover pages, tables of contents, and glossaries. If negotiations are determined necessary, the Government will release Evaluation Notices (ENs) and page limits will be placed on responses.

1.9.2 Page Size and Format

1.9.2.1 General Page Instructions. A page shall be 8.5 x 11 inches unless stated otherwise within this document. Pages shall be single spaced, and the text size shall be no less than 11-point Times New Roman Font unless stated otherwise within this document. All proposal text shall be written in English. Offerors shall use at least 1-inch margins on the top and bottom and ¾-inch side margins unless stated otherwise within this document. Pages shall be numbered sequentially by volume, starting with page one (1), for all pages that count against the page count for each volume. These page size and format restrictions shall apply to ENs if they are determined necessary. Any reproductions of the solicitation document shall be as reproduced.

1.9.2.2 Table and Chart Instructions. Legible tables and charts may be used. These displays shall be uncomplicated, legible, and shall not exceed 11 x 17 inches in size. 11 x 17 may only be used for large tables and charts; they shall not be used for pages of text. For tables and charts, the text shall be no less than 10-point Times New Roman Font, and margins shall be no less than ½ inch on all sides unless stated otherwise within this document. Elaborate brochures or documentation, binding, detailed artwork, or other embellishments are unnecessary and will not be reviewed.

1.9.2.3 Submission Format. The Offeror shall submit each volume in electronic format via email no later than the time and date identified in Block 13a. of the SF 1442. The proposal shall be submitted in a format readable by Microsoft (MS) Office Word, MS Office Excel or Adobe PDF. Offerors shall clearly identify each volume. The files shall be consistent and uniformly named utilizing the following format to allow for easy distinction.

Examples:

XYZCompany-File 01-Volume I- SDVOSB Pool 1 XYZCompany-File 02-Volume II- SDVOSB Pool 2 ABCCompany-File 01-Volume IV-Unrestricted

No hard copies of proposals will be accepted (hand delivered or traditional mail).

Email Server Constraints: Offerors are cautioned to ensure emailed submission(s) do not exceed U.S. Government Email Server Constraints. Attachments shall not exceed 20MB and emails shall not contain more than ten (10) attachments. If necessary, an Offeror may submit multiple emails to ensure their full proposal submission is received in a timely and complete manner. If multiple emails are anticipated or necessary, an Offeror shall clearly delineate the numbers email of the total emails anticipated (i.e., Email 1 of 3, 2 of 3, 3 of 3, etc.).

Offerors are strongly encouraged to plan accordingly and submit proposals well in advance of the designated submission deadline. The date and time of receipt will be established according to the Government computer system’s documentation showing the exact official time of receipt by the VA POC listed herein and not by the time the electronic proposal was sent by the Offeror or received by the VA server. After submitting all Volumes by email, it is permissible to send a final email requesting confirmation of receipt of all files. It is the Offeror’s responsibility to ensure proposals are complete and submitted early enough to be received by the VA POC before the deadline, and to confirm receipt before the deadline. Proposals or portions of the proposal which are received by the VA POC later than the time noted within will be rejected and will not be considered.

Proposals shall be submitted in accordance with the instructions herein.

Offerors are cautioned to strictly comply with all instructions within this solicitation to ensure submission of a complete proposal. Failure to furnish a complete proposal at the time of proposal submission may result in an unacceptable proposal that the Government eliminates from consideration for award. The Government will not accept any changes to an Offerors’ proposal(s) after the closing date of this solicitation (see FAR 15.107 for further information regarding late proposals). Any proposal information submitted after the time frame listed will be considered nonresponsive and will not be accepted (see FAR 52.215-1).

1.9.2.4 Proposal Markings. Proposals shall be marked in accordance with FAR 52.215-1(e), Restriction on Disclosure and Use of Data, and FAR 3.104-4, Disclosure, Protection, and Marking of Contractor Bid or Proposal Information and Source Selection Information. Offerors shall not include proprietary markings on attachments and documents that will become a part of the contract (i.e., Volume IV documents).

1.9.3 Cross-Referencing. To the greatest extent possible, each volume shall be written on a stand-alone basis so that its contents may be evaluated with no cross referencing to other volumes of the proposal. Information required for proposal evaluation which is not found in its designated volume and/or section will be assumed to have been omitted from the proposal.

1.9.4 Table of Contents. Volumes I and II shall contain a more detailed table of contents to delineate the subparagraphs within that volume. Tables of content do not count against the page limitations for their respective volumes.

1.9.5 Glossary of Abbreviations and Acronyms. Volumes I - III shall contain a glossary of all abbreviations and acronyms used, and with an explanation for each. Glossaries do not count against the page limitations for their respective volumes.

2.0 PROPOSAL INSTRUCTIONS

2.1 Proposal Due Date. The Offeror’s proposal shall be received by the Contracting Officer no later than the date and time identified in block 13a. of the SF 1442 and submitted via email.

2.2 Proposal Organization. The Offeror shall prepare the proposal as set forth in the Table 1, Proposal Organization. The volume folders and section files shall be as defined in this table, all of which shall be within the required page limits specified in the table.

Table 1 –Proposal Organization

Appendix L-01 2 Pages

Appendix L-02 2 Pages

Appendix, L-03 Use Provided Template

2.5.2

Self-Scoring Matrix Appendix L-05 Use Provided Template

2.5.4

Cross Reference Matrix Appendix L-04 Use Provided Template

Appendix L-06 2 Pages

Appendix L-9 Use Provided Template

Appendix L-08, Labor Rates Table Use Provided Template

2.3 VOLUME I – CONTRACT DOCUMENTATION

This volume shall be organized according to the Table 1 above.

2.3.1 Offeror Company Information. The Offeror shall complete Appendix L-01, Offeror Company Information Form. The Offeror shall provide all information on the form. The proposal validity statement shall be valid through the date listed in block 13d. of the SF 1442. The Offeror shall be registered in the System for Award Management (SAM.gov) for the duration of the acquisition. If the Offeror’s SAM.gov registration expires prior to the proposal validity date, the Offeror shall assert its intent to renew the registration. The Offeror maintain its certified Service-Disabled Veteran-Owned Small Business (SDVOSB) status in accordance with the SBA Veteran Small Business Certification Program for the duration of the acquisition. If the Offeror’s SDVOSB certification status expires prior to the proposal validity date, the Offeror shall assert its intent to renew or recertify its status, as applicable.

2.3.2 Choice of Competition. To maximize competition, each prime contractor may participate in any and all SDVOSB Pools under the SDVOSB Set-Aside, and only once under the Full & Open (Unrestricted) competition. A prime contractor may participate in no more than four (4) competitions under this solicitation.

Each Offeror must complete Appendix L-02, Choice of Competition, to identify the competitions under which they are competing – SDVOSB Pool(s), and/or Unrestricted.

The Government will review Appendix L-02, Choice of Competition, to validate how an individual contractor (to include teaming partners) has chosen to compete. If an individual contractor (to include teaming partners s identified as participating in more than four (4) competitions or otherwise exceeds the limitations stated above, the Government may reach out to clarify which proposal that individual contractor (to include teaming partners) wants the Government to consider. If the contractor does not respond within the designated time, they will be removed from the competition. All clarifications regarding competition will be communicated through the (prime) Offeror.

2.3.3 Responsibility Determination. The CO will make a responsibility determination for each Highest Technically Rated Offeror in accordance with FAR 9.1, Responsible Prospective Contractors. If the CO determines a small business to be non-responsible, the contracting officer will refer the matter to the Small Business Administration which will decide whether to issue a Certificate of Competency (see FAR 9.104-3 and FAR 19.204).

2.3.3.1 Financial/Other Resources. As part of the Financial Responsibility Determination, the CO will rely on information from the Offeror’s banking institution and other sources. The Offeror shall complete the Appendix L-01, Offeror Company Information Form to provide banking contact information and submit with the proposal. A contract may only be awarded to the Offerors who are deemed responsible in accordance with the FAR 9.104.

2.3.3.2 Construction Bonding. Provide assertion that the Prime contractor can meet the bonding requirements of the contract (100% performance and payment bond). Bonding capability must be for the Prime only (stacking of Teaming Partners/subcontractor bonds will not be accepted).

(a) To be considered, the contractor must have a letter from a surety, on surety letterhead, that says the contractor has a relationship with the company and required bonding has been obtained. The surety must be from an approved surety listed with the Department of Treasury at http://www.fiscal.treasury.gov/fsreports/ref/suretyBnd/c570_a-z.htm. Letters signed by agents are unacceptable unless accompanied by a Power of Attorney granting proper authority to the agent.

(b) Minimum Qualifications. SDVOSB competing under the set-aside must provide single bonding of at least $30M per project with an aggregate of at least $75M. Small or Large businesses competing under the Unrestricted competition must provide single bonding of at least $100M with an aggregate of at least $200M. Offerors who cannot provide the minimum qualifications will not be considered for award.

2.3.4 Organizational Conflict of Interest. Offerors shall submit an assessment of potential or actual Organizational Conflict of Interest (OCI) issues, if any, as related to this contract vehicle and future work. Initial notification shall be made to the Contracting Officer and Contract Specialist as soon as they become known. OCI issues include, but may not be limited to, the inability to render impartial assistance or advice to the Government, the inability to objectively perform contract work, or the unfair competitive advantage created by current or previous contractual efforts with the Government. If an actual or potential OCI exists, the Offeror shall submit a mitigation plan with the proposal. The Contracting Officer will review the submitted mitigation plan and decide as to whether the plan adequately resolves the issues and provides adequate protection to both the Offeror and the Government. Submission of mitigation plans are only required if the Offeror is aware of potential or actual OCI issues related to this procurement. If the Offeror believes no potential or actual OCI issues exist, this shall be so stated.

2.3.5 Contract Award Document and Model Contract.

v. Attachment 5 – Small Business Participation Commitment Document (if applicable (Unrestricted Only))

vi. Attachment 6 – Small Business Subcontracting Plan (if applicable (Unrestricted Only))

Attachments 1-3 will be standardized for all awardees. No submission is required. The Government will utilize Offeror submitted information for Attachments 4-6. No duplicate copies required.

b. The Model Contract consists of Sections A and J. The Offeror shall submit the “original” signed copy of the Model Contract. Signature by the Offeror on the SF 1442 constitutes an offer.

2.3.6 Representations and Certifications. Offerors shall submit a signed copy of the Representations and Certifications from the System for Awards Management website, as well as copies of those Representations and Certifications specifically required under this solicitation.

2.4 EVALUATION FACTORS. The information requested in Section L will be compared against the criteria in Section M to include the following factors:

Factor 1: Relevant Experience Factor 2: Past Performance Factor 3: Small Business Participation (Unrestricted Only) Factor 4: Price

2.5 VOLUME II – FACTOR 1 - RELEVANT EXPERIENCE

2.5.1 Work Samples. Offerors shall submit a maximum of twenty-two (22) work samples (contracts/task orders) which demonstrate their relevant experience in the required construction services outlined in the SOW, the criteria in Paragraphs 2.5.2.1 – 2.5.2.7 of this Section L, and which comply with the work sample qualifications established in Paragraph 2.5.1.2 of this Section L.

Any additional work samples submitted will not be considered or evaluated.

When referring to work samples, the terms “contract” and “task order” are interchangeable with “contract.” Contract vehicles, such as Indefinite Delivery Indefinite Quantity (IDIQ) contracts, are not acceptable proof of relevant experience, and shall not be provided as a work sample.

The work samples shall consist of only official contract documentation which may include Performance Work Statements, Statements of Work, etc. When contracts are used for work samples, the Offeror shall also include the signed cover page associated with the contract. Work samples shall include sufficient information to substantiate each claim in the elements below. If a work sample substantiates multiple construction program areas, each construction program area must be identified within the work sample. If a work sample substantiates multiple states/VAMCs each state/VAMC must be identified within the work sample.

Offerors shall give each work sample an identifier (i.e., WS1-WS22). All pages within the work samples shall be numbered. Work samples shall be provided in their original format. Font, text size, and margin requirements established in Paragraphs 1.9.2.1 and 1.9.2.2 of this Section L do not apply to work sample submissions. Work samples shall be in English.

2.5.1.1 Work Sample Cover Sheet. A Work Sample Cover Sheet (Appendix L-03) shall be completed for each work sample submitted. Offerors shall follow the instructions provided within Appendix L-03. Each work sample shall provide at least two (2) Points of Contact (POC) for work samples performed. The Government may contact the POCs provided. The Government reserves the right to contact additional POCs if necessary. If POCs are retired/unavailable, list last known contact and note “unreachable.” An offeror without a record of relevant past performance or for whom information on past performance is not available may not be evaluated favorably or unfavorably on past performance.

2.5.1.2 Work Sample Qualifications.

(1) Work Samples shall fall into one of the following categories as specified within each element:

a. Category 1: Prime Offeror work samples shall be used. To be used, the Offeror shall have acted as the Prime Contractor, either on an individual or joint-venture (JV) basis, as long as the Offeror can demonstrate involvement in the project (for JVs only). If a company establishes a joint venture, relevant experience of joint venture partners, mentors, subcontractors, and affiliates will be considered. Primes may also include subsidiaries, or legal entities which fall under the parent corporation. To use subsidiaries or legal entities as a prime work sample, (1) the acquisition of the subsidiary or legal entities shall have been finalized as of the date of the solicitation, and (2) objective evidence shall be included in the work sample to demonstrate that they are now a legal entity of the corporation. If the criteria above are met, subsidiary or legal entity work samples will be considered prime work samples even if the work occurred prior to the company being acquired.

b. Category 2: Subcontractor work samples who have formal teaming arrangements may be used. In order to meet this qualification, the Subcontract shall: (1) be identified as a teaming partner who will be performing work in an identified construction program area (paragraph 2.5.2.1 of this Section L) or location (see paragraphs 2.5.2.2 – 2.5.2.4 and 2.5.2.8 of this Section L) on the Team Structure Form as required in Paragraph 2.5.5 of this Section L; (2) have acted as the Prime Contractor on the submitted Work Sample; and (3) provide a signed Teaming Agreement as required in Paragraph 2.5.5 of this Section L, stating that the Subcontractor will perform in the applicable construction program area or location.

(2) Work samples shall be for construction projects, completed within the last seven (7) years, or projects underway with construction documented to be at least 70% complete, as of the solicitation release date.

(3) For all work samples, the primary scope of work shall be for construction services in a primary construction program area (as defined in the SOW).

2.5.2 Self-Scoring Matrix. The Offeror shall complete the Self-Scoring Matrix (Appendix L-05). Self-scores shall be verifiable using the work samples provided in response to Paragraph 2.5.1 of this Section L. Note that some elements contain category restrictions.

The Offeror shall fill in the Column E “Offeror Proposed Self-Score Points” column on the Self-Scoring Matrix. The “Offeror Proposed Self-Score Points” shall not exceed the “Maximum Self Score Points” identified in Column D for each element in Column B, “Category”. As described in Paragraph 2.5.2.6 of this Section L, the Offeror shall identify the date of the “single point in time” in Column C that was used to establish its score. “Single point in time” is defined as a three-month calendar range (e.g. 1 January 2023 – 31 March 2023). Unless stated otherwise, the Offeror shall not change, adjust, or manipulate any other cells within the matrix. Each Offeror shall accurately rate itself using the scoring instructions for each element, described in Paragraphs 2.5.2.1 - 2.5.2.7 of this Section L. Each Offeror electing to propose under the Unrestricted shall also accurately rate itself using the scoring instructions for each element, described in Paragraphs 2.5.2.8 – 2.5.2.9 of this Section L.

The burden of proof to substantiate the Offeror’s self-score rests with the Offeror. The proposal shall include evidence supporting each proposed self-score.

2.5.2.1 Total number of primary construction program areas supported at VA healthcare facilities or non-VA healthcare facilities.

DEFINITION: Of the work samples submitted, the Offeror shall rate itself based on the total number of primary construction program areas supported at VA healthcare facilities or non-VA healthcare facilities. The primary construction program areas are:

1. General healthcare facility construction and renovation,

2. Healthcare additions and upgrades,

3. Repairs, refits, maintenance enhancements, equipment and component replacement,

4. Parking garages, parking lots, roadways, bridges,

5. General office, conference, and meeting spaces,

6. Requirements to maintain on-going operations and prepare for larger efforts such as swing space or make-ready work,

7. Seismic retrofit of Existing facilities,

8. Utilities to include but not limited to water, electrical, sewer, and storm water,

9. Historic facility renovations,

10. General infrastructure to include but not limited to fencing, vehicle barriers, awnings, and signage.

11. Sustainable infrastructure requirements

12. Medical equipment installation

13. Technology infrastructure

14. Security infrastructure

CATEGORY RESTRICTIONS: None; Category 1 and Category 2 contracts are authorized. (See paragraphs 2.5.1.2(1)(a) and 2.5.1.2(1)(b) of this Section L.)

SCORING: Maximum points allowed: 14 points. To receive the maximum points, the Offeror’s work samples shall demonstrate experience in all fourteen (14) primary construction program areas. A maximum of one point may be received for each primary construction program area. Offerors shall not receive extra points for providing multiple work samples which demonstrate relevant experience within the same construction program areas.

2.5.2.2 Total number of States/Territories supported in selected competition SDVOSB Pool

DEFINITION: Of the work samples submitted, the Offeror shall rate itself based on the total number of states/territories within each SDVOSB Pool, identified in Appendix L-07 –SDVOSB Pool Breakdown, where the Offeror or team members performed construction services at VA healthcare facilities or non-VA healthcare facilities.

CATEGORY RESTRICTIONS: None; Category 1 and Category 2 contracts are authorized. (See paragraphs 2.5.1.2(1)(a) and 2.5.1.2(1)(b) of this Section L.)

SCORING: Maximum points allowed: Eastern Pool: 22; Central Pool: 17; Western Pool: 13. To receive the maximum points, the Offeror’s work samples shall demonstrate construction services experience in all states/territories included in the respective Pool. A maximum of 1 point may be received for each state/territory.

2.5.2.3 Total number of subcontractors managed by prime contractor under a single construction project DEFINITION: Of the work samples submitted, the Offeror shall select up-to five (5) that include management of multiple subcontractors by the prime, supported under a single work sample. The Offeror shall select projects for construction services that included management of subcontractors who were not part of a formal teaming arrangement. To validate that subcontractors were managed by the prime, the work sample shall be accompanied by supporting documents including one or more of the following: signed subcontract or invoice showing the work title or primary contract or order number matching the work sample.

CATEGORY RESTRICTIONS: Yes; the Offeror shall only receive points for Category 1 work samples. (See paragraph 2.5.1.2(1)(a) of this Section L.)

SCORING: Maximum points allowed: 50 points. To receive the maximum points, the Offeror’s work samples and accompanying support documents shall demonstrate experience in construction services that include ten (10) subcontractors managed by the prime under a single construction services work sample for each of the five (5) work samples selected. A maximum of one point may be received for each subcontractor under a single construction services work sample up to a total of ten subcontractors for a potential maximum of ten (10) points for each work sample. Work performed VA healthcare facilities or non-VA healthcare facilities may be counted. Offerors shall not receive extra points for additional subcontractors managed under the identified projects.

2.5.2.4 Total number of construction services contracts performed as Prime at a single point in time DEFINITION: Of the work samples submitted, the Offeror shall select up to nine (9) projects that include three (3) instances of performance of three (3) projects at a single point in time (see below example). The selected single point in time shall be the same 3-month range for all work samples, and this point in time shall be within seven (7) years of this solicitation release. The Offeror shall then rate itself based on the total number of construction services contracts performed at that single point in time.

For example:

· WS1, WS4, and WS5 had work performed from 1 Jan 2022 – 31 Mar 2022;

· WS6, WS12, and WS22 had work performed from 22 Jan 2023 – 21 Apr 2023; and

· WS12, WS22, and WS23 had work performed from 22 Jun 2023 – 21 Sep 2023

CATEGORY RESTRICTIONS: Yes; the Offeror shall only receive points for Category 1 work samples. (See paragraph 2.5.1.2(1)(a) of this Section L.)

SCORING: Maximum points allowed: 15 points. To receive the maximum points, the Offeror’s work samples shall demonstrate three (3) instances of experience performing three (3) construction services projects at a single point in time (see below example). A maximum of two points may be received for performance of two construction services projects at a single point in time. A maximum of five points may be received for performance of three (3) construction services projects at a single point in time. Work performed at VA healthcare facilities or non-VA healthcare facilities may be counted. Offerors shall not receive extra points for providing additional work samples that reflect performance of additional projects at a single point in time or provide additional work samples that reflect greater than three (3) construction services contracts performed at a single point in time.

For the aforementioned example:

· WS1, WS4, and WS5 had work performed from 1 Jan 2022-31 Mar 2022 (5 pts);

· WS6, WS12, and WS22 had work performed from 22 Jan 2023-21 Apr 2023 (5 pts); and

· WS12, WS22, and WS23 had work performed from 22 Jun 2023-21 Sep 2023 (5 pts)

2.5.2.5 SDVOSB Set-Aside Only: Magnitude of design-build construction services projects supporting VA healthcare facilities or non-VA healthcare facilities.

DEFINITION: Of the work samples submitted, the Offeror shall rate itself based on the magnitude of the work samples where the Offeror performed design-build construction services supporting VA healthcare facilities or non-VA healthcare facilities.

CATEGORY RESTRICTIONS: Yes; The Offeror shall only receive points for Category 1 work samples. (See paragraph 2.5.1.2(1)(a) of this Section L.)

SCORING: Maximum points allowed: 88 points. All submitted work samples are evaluated for this criterion. Points shall be assigned on the following basis within the following ranges: one (1) point for every construction services work sample between $250k - $4.99M, two (2) points for every construction services work sample between $5M - $14.99M; three (3) points for every construction services work sample between $15M - $24.99M, four (4) points for every construction services work sample greater than or equal to $25M. To receive the maximum points, each of the Offeror’s work samples and accompanying support documents shall demonstrate work sample values greater than or equal to $25M. Work performed at VA healthcare facilities or non-VA healthcare facilities may be counted.

2.5.2.6 Full & Open Only: Magnitude of design-build construction services projects supporting VA healthcare facilities or non-VA healthcare facilities.

DEFINITION: Of the work samples submitted, the Offeror shall rate itself based on the magnitude of the work samples where the Offeror performed design-build construction services supporting VA healthcare facilities or non-VA healthcare facilities.

CATEGORY RESTRICTIONS: Yes; The Offeror shall only receive points for Category 1 work samples. (See paragraph 2.5.1.2(1)(a) of this Section L.)

SCORING: Maximum points allowed: 88 points. All submitted work samples are evaluated for this criterion. Points shall be assigned on the following basis within the following ranges: one (1) point for every construction services work sample between $25M - $49.99M, two (2) points for every construction services work sample between $50M - $79.99M, three (3) points for every construction services work sample between $80M - $89.99M, and four (4) points for every construction services work sample valued greater than or equal to $90M. To receive the maximum points, each of the Offeror’s work samples and accompanying support documents shall demonstrate work sample values greater than or equal to $90M. Work performed at VA healthcare facilities or non-VA healthcare facilities may be counted.

2.5.3 Ties and Tie Breakers. Tie (definition): When more than one HTRO proposals have the same validated score.

If ties exist within either the SDVOSB or the Unrestricted group at the planned maximum number of awards, the Government will award contracts to all of the tied HTRO proposals.

2.5.4 Cross Reference Matrix. The Offeror shall provide a Cross Reference Matrix which clearly identifies the exact location of the substantiating data within the work samples. The Cross Reference Matrix shall be completed using Appendix L-04 – Cross Reference Matrix. The Offeror shall identify the criterion they are seeking to validate, as well as the documentation (and any additional references) they have submitted as part of their work sample to validate each criterion. Appendix L-04 has additional instructions for completion of the Cross Reference Matrix. The Offeror is not limited to the types of documents identified in the instructions tab of the Cross Reference Matrix. If the Offeror uses a subsidiary or legal entity as a prime work sample, the Offeror shall be sure to include a reference to the objective evidence which demonstrates that they are a legal entity of the parent corporation. Offerors are encouraged to verify the accuracy of each reference as the Government will utilize only the references provided in the Cross Reference Matrix by each Offeror to validate each Offeror’s scores. The Offeror shall assume that the Government has no prior knowledge of its capabilities, and experience.

2.5.5 Team Structure. The Offeror shall identify the team structure it will use to meet Government requirements. The Offeror shall identify the team structure within Appendix L-02 – Choice of Competition. The Offeror shall provide the details of this structure within Appendix L-06 – Team Structure Format:

(1) Identify the team member’s name, address, Commercial and Government Entity (CAGE) code, and Unique Entity Identifier (UEI) number.

(2) Identify the relationship between the prime, each team member.

(3) Identify the states(s) and/or VA medical centers(s) in which the prime intends on utilizing team member(s) for performance. In accordance with Paragraph 2.5.1.2 states/VAMCs shall be listed when the teaming partner’s work sample is used. If multiple states/VAMCs are anticipated, list them all in a single cell, or

(4) Identify the primary construction program area(s) in which the prime intends on utilizing team member(s) for performance. If multiple program areas are anticipated, list them all in a single cell.

Teaming Agreements. The Offeror shall provide signed Teaming Agreements (TA) between the Prime Offeror and each team member. The TA shall identify each location or each primary construction program area in which the teaming partner is expected to perform. Teaming Partners will be identified in any resulting contract and approval for use of a subcontractor in lieu of an identified teaming partner for the work or location in which their teaming partner is stated to perform at the task order level will be required in the awarded ordering procedures.

All team members must have a signed TA. A subcontractor without a TA with the Offeror is NOT considered as part of the "team" and will not be evaluated as such.

Any information submitted for subcontractors without a TA will not be evaluated.

(a) The Government will consider the Offeror and all subcontractors a "team" when evidence of a signed TA is provided in Volume I, Contract Documentation and Volume II, Technical.

(b) A Joint Venture (JV) will be considered a sole business entity.

(c) Mentor-Protege (M-P) is a relationship and not a business entity. M-Ps require formal TAs or LOIs to qualify for consideration as a team member.

(d) The proposal shall present a complete, coherent presentation of team abilities as applicable.

2.5.6 Burden of Proof. The burden of proof for substantiating points in the self-score system rests with the Offeror. The proposal shall contain sufficient data to substantiate the points claimed by the Offeror. All proposal information is subject to verification by the Government. Falsification of any proposal submission, documents, or statements may be subject the Offeror to disqualification from this source selection.

2.5.7 Organizational Structure Change History. Many companies have acquired, been acquired by, or otherwise merged with other companies, and/or reorganized their divisions, business groups, subsidiary companies, etc. In many cases, these changes have taken place during the time of performance of relevant past efforts or between conclusion of recent past efforts and this source selection. In order to understand the relationships between organizations and accurately evaluate credit for relevant experience, include in this proposal volume a "roadmap" describing all such changes in the organization of your company, if necessary. A pamphlet or other commercial document describing such reorganizations may be used to describe the changes. As part of this explanation, describe how these changes impact the relevance of any efforts you identify for relevant experience evaluation. Your "roadmap" should be both specifically applicable to the efforts you identify and general enough to apply to efforts on which the Government receives information from other sources.

2.6. VOLUME II – FACTOR 2 – PAST PERFORMANCE

2.6.1. Evaluation Methodology

Past performance will be evaluated on a Pass/Fail (Acceptable/Unacceptable) basis using the projects submitted under Factor 1 – Relevant Experience. The Government will evaluate the past performance of the Offeror’s team as it relates to quality of work, timeliness of performance, management of personnel and subcontracts, and overall customer satisfaction for recent and relevant projects. The currency and relevancy of the information, source of the information, context of the data, and general trends in contractor’s performance shall be considered in accordance with FAR 15.202(c).

The evaluation will result in one of the following ratings:

ACCEPTABLE (PASS): Based on the Offeror’s performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort. This rating is achieved if the Offeror meets the qualitative standards defined in Section 2.6.2. In accordance with applicable FAR requirements for past performance evaluation, an Offeror without a record of recent or relevant past performance will not be evaluated favorably or unfavorably for past performance.

UNACCEPTABLE (FAIL): Based on the Offeror’s performance record, the Government has a low or no expectation that the Offeror will successfully perform the required effort. This rating is assigned if the Offeror falls below the qualitative standards defined in Section 2.6.2.

Note: Offerors must receive a rating of Acceptable to be considered for contract award. A rating of Unacceptable will render the proposal ineligible for award.

2.6.2. Past Performance Adjectival Evaluation Standards

The Government will evaluate the adjectival ratings (e.g., Exceptional, Very Good, Satisfactory, Marginal, Unsatisfactory) documented on the submitted CPARS or PPQ for each project.

ACCEPTABLE (PASS): To receive an overall rating of Acceptable, the Offeror’s collective past performance record must demonstrate a consistent trend of Satisfactory, Very Good, or Exceptional performance. Isolated instances of substandard performance will not automatically result in an Unacceptable rating, provided the Offeror demonstrated effective corrective actions and an overall positive performance trend.

UNACCEPTABLE (FAIL): The Offeror will receive an overall rating of Unacceptable if the collective past performance record reflects a trend of Marginal or Unsatisfactory performance without sufficient evidence of successful corrective action, or if the record demonstrates a systemic failure to meet contract requirements regarding quality, schedule, or management.

2.6.3. Submission and Verification Requirements

Past Performance information is required for each work sample submitted under Factor 1.

Mandatory CPARS Usage: For all Federal government work samples, the Offeror must submit a CPARS evaluation if one exists. For projects actively underway, a copy of an interim CPARS report reflecting at least 70 percent completion may be submitted. A final CPARS reflecting 100 percent completion shall be submitted for completed projects.

Past Performance Questionnaires (PPQ): A "Past Performance Questionnaire" (PPQ) shall only be submitted if the work sample is a non-federal/commercial project, or if it is a federal project where a CPARS report has not yet been generated or finalized.

Submission Method: Completed PPQs must be submitted by the Offeror directly within Volume II of their proposal package at the time of submission. The Government will not accept PPQs sent separately by third-party clients.

Exclusivity: In no case will a work sample be evaluated on both a PPQ and a CPARS. If a CPARS exists for a project, the Government will default strictly to the CPARS record and will disregard any accompanying PPQ.

Client Definitions: The “client” is defined as the organization, entity, or property owner for whom the work was performed. General contractors, partners, subcontractors, or designers who performed the work in whole or in part are not “clients” and shall not complete or submit a PPQ.

Pool Restrictions: Submitted PPQs will be considered only for the POOL noted at the top of the PPQ itself. The Government will not unilaterally apply a PPQ to any POOL that is not explicitly indicated by the Offeror.

Reference Availability: The client references listed for each work sample must be available to be contacted by the Government for verification. The Government will make no more than two (2) attempts to contact each client. The Offeror must ensure all contact information is current and valid at the time of proposal submission. If the Government cannot contact a reference after two attempts to verify the data, that work sample will not be considered in the past performance evaluation.

2.7 VOLUME III – FACTOR 3 - SMALL BUSINESS PARTICIPATION

This factor applies only to Offerors proposing for the Full and Open portion of this solicitation. Subcontracting Plans submitted by Apparent Successful Offerors in the Full and Open portion of this solicitation will be assessed.

2.7.1 The Small Business Participation volume shall consist of the following Paragraph:

a. Small Business Participation Commitment Document (SBPCD)

b. Small Business Subcontracting Plan (if applicable)

2.7.2 Small Business Participation Commitment Document (SBPCD): All Offerors proposing for the Full and Open portion of this solicitation shall provide the Small Business Participation Commitment Document (SBPCD) requirements in accordance with VAAR 819.109, utilizing the template provided, Section L, Appendix L-9, and substantiating documentation to demonstrate how the Offeror will meet these requirements. This required information will be used to evaluate the extent of your proposed participation/commitment to use U.S. Small Businesses in the performance of this acquisition (as Small Business Prime Offerors or Small Business Subcontractors) relative to Section M, Factor 3, Small Business Participation. These SBPCD requirements will be incorporated into any resulting contract(s) as specified in Section L of this solicitation.

2.7.2.1 Prime Offeror’s Size: Identify the applicable size and applicable socioeconomic categories for the PRIME Offeror only when submitting your proposed SBPCD. Include this information within the initial section of the proposed SBPCD and check all applicable boxes:

Prime Offeror’s Size { } Other than Small Business or { } Small Business also categorized as a { } Small Disadvantaged Business (SDB) { } Woman-Owned Small Business (WOSB) { } Historically Underutilized Business Zone (HUBZone) Small Business { } Service Disabled Veteran Owned Small Business (SDVOSB) { }Veteran-Owned Small Business

2.7.2.2 Identify the Small Business concerns (SBC), as defined in FAR Part 19, that are to be used in your proposed approach to satisfying the requirements of this solicitation for the entire performance period, including company name, business category(ies), description of products or services and NAICS code to be provided by each SBC and the nature of the commitment with the SBC (i.e., letter of commitment, joint ventures, mentor protégé agreements, others). Binding commitments shall become enforceable, contractual requirements. Small Business Offerors will include their own efforts when addressing the names, products and/or services and estimated total dollars planned to be provided by small business concerns. Use the table/format example below, contained in Appendix L-9 in proposing this required information:

Company Name

2.7.2.2.1 The work to be performed directly by a Small Business prime Offeror and any similarly situated subcontractors, shall be evaluated as Small Business Participation. Small Business Prime Offerors shall include their information in the above subparagraphs 2.6.2.2 of this Section L, as required.

2.7.2.2.2 The Offeror shall include supporting documentation of their commitment to Small Business participation such as, letters of commitment, Joint Ventures, mentor/protégé agreements, or other demonstrations of commitment. Supporting documents are excluded from the page counts listed in the table in paragraph 2.2 of this Section L.

2.7.3 Small Business Subcontracting Plan. Other than small business Offerors shall submit a Small Business Subcontracting Plan (see Appendix L-10 Small Business Subcontracting Plan Template) that promotes Small Business Participation including all elements of FAR 52.219-9 Alternate II, FAR 52.219-8, Utilization of Small Business Concerns, VAAR 852.219-70, VA Small Business Subcontracting Plan Minimum Requirements.

Offerors shall not utilize the Small Business Subcontracting Plan in the place of the SBPCD. The Government will evaluate whether an Offeror’s Small Business Subcontracting Plan meets or does not meet the following minimum small business participation goals.

The Small Business Subcontracting Plan will be incorporated in any resulting contract.

FAR 52.219-9 Small Business Subcontracting Plan does not apply to small business concerns; however, they shall address Volume III - Small Business Participation, as required by paragraph 2.6 of this Section L and Section M, paragraph 5.2 criteria.)

The following chart provides the minimum goals for subcontracting to Small Businesses. Goals provided by the Government are the minimum goals only and firms may increase those percentages. Note that the Subcontracting Plan shall provide the total subcontracted dollars and percentages to both Small Businesses and Other Than Small Businesses using an anticipated total contract value of $375,000,000.00. This amount was derived by dividing half the contract value by the anticipated number of awardees in the Full and Open portion of the contract and is only for proposal purposes - it is not a guarantee of award amount.