36C24124R0027_1.docx

36C24124R0027

1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

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

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

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

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

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

9. FOR INFORMATION

CALL:

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

SEALED BID (IFB)

NEGOTIATED (RFP)

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

YES

NO

a.

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

b.

An offer guarantee is, is not required.

c.

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

d.

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

36C24124R0027 X 02-07-2024 402-24-110 Department of Veterans Affairs Network Contracting Office 1 VAMC Togus 1 VA Center Augusta, ME 04330 Only Electronic Submission to:

Andrew.Merical@va.gov

Merical, Andrew Andrew.Merical@va.gov The Togus, Maine VA Medical Center, has a design build requirement for a Firm Fixed Price Contract. The Design Build Contractor shall provide professional architect/engineer (A/E) services and construction services for the Structural Repairs and Improvements to Support Buildings project detailed within the attached Statement of Work (SOW) as well as other relevant attachments. The work shall include, but is not limited to, all labor, transportation, materials, apparatus, tools, equipment and permits necessary to provide for the preparation and alteration of the work sites.

Work to be performed shall be in accordance with the SOW, Specifications, Drawings, and Federal, State, and Local Codes.

The period of performance for this project is 610 calendar days from the issuance of the Notice to Proceed (NTP). The Wage Determination attached is incorporated herein.

The magnitude of construction for this project is between $500,000.00 and $1,000,000.00. The NAICS code for this procurement is 238110 and the size standard is $19 million. This requirement will be solicited in accordance with FAR 36.3, Two-Phase Design-Build Selection Procedures. Best Value will be achieved through a negotiated acquisition in accordance with Trade-Off procedures described in FAR Part 15.101. A bid bond is required, and the bid guarantee amount shall be at least 20% of the bid price but shall not exceed $3 million. This project is 100% set-aside for Service-Disabled Veteran-Owned Small Businesses.

Refer to solicitation instructions for Phase 1 cutoff date for proposal submission. No Site Visit will be conducted during Phase 1 of this solicitation. At this time, we are only seeking information/offerors for Phase 1. Details regarding Phase 2 are for informational purposes only in the event an Offeror is included within Phase 2. Offerors are not to submit any Phase 2 proposals until requested to do so.

All Contractors are responsible for monitoring and downloading any amendments from Contract Opportunities on https://sam.gov/content/opportunities.

The statement in block 13a on page 1 of the SF1442 does not apply to this RFP. Offerors shall submit their Phase 1 proposals via email to Andrew.Merical@va.gov by 4:30 PM EST on 03/08/2024. Only electronic proposals will be accepted.

Requests for Information (RFI) for Phase I are due by 4:30 PM EST on 02/16/2024. Refer to section 10 of the Instructions Conditions and Notices to Offerors below for additional information.

X X 52.211-10 X 16:30

EST

03-08-2024 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

Line Item 1 (Lump Sum): $ Department of Veterans Affairs Network Contracting Office 1 VAMC Togus 1 VA Center Augusta, ME 04330 Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971 Diane C. Davis

VA-VHA-RPOE-2022-226481

Table of Contents

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Design/Build Structural Repairs and Improvements to Support Buildings Project Number: 402-24-110 Togus, Maine Veterans Affairs Medical Center Contract Period: Base POP Begin: At Issuance of the Notice To Proceed (NTP) POP End: 610 Calendar Days from the Issuance of the NTP PRINCIPAL NAICS CODE: 238110 - Poured Concrete Foundation and Structure Contractors PRODUCT/SERVICE CODE: Z1DZ - Maintenance of Other Hospital Buildings

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

a. A Bid Guarantee, SF 24, is required. The amount shall be adequate to protect the Government from loss should the successful bidder fail to execute further contractual documents and bonds as required. The bid guarantee amount shall be at least 20 percent of the bid price but shall not exceed $3 million. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for opening of bids, may require rejection of the bid in all cases except those listed in FAR 28.101-4. Copies of the SF 24 may be obtained from http://www.gsa.gov/portal/forms/type/TOP.

b. The bidder to whom award is made will be required to furnish two bonds, a Payment Bond, SF 25A, and a Performance Bond, SF 25, each in the penal sum of 100 percent of the original contract price. Copies of SFs 25 and 25A may be obtained from http://www.gsa.gov/portal/forms/type/TOP.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

PROCEDURES FOR SUBMITTAL OF OFFERS AND PROPOSAL EVALUATION CRITERIA

1. OVERVIEW

1.1 This requirement will be solicited in accordance with FAR Subpart 36.3, Two-Phase Design-Build Selection Procedures. A firm fixed price award will be made to the highest technically rated qualified contractor at a fair and reasonable price whose offer conforms to the solicitation, and which results in the best value to the Government, all factors considered. The Government reserves the right to accept other than the lowest priced offer or to reject all offers. Best value will be achieved through a negotiated acquisition in accordance with FAR Subpart 15.101-1, Tradeoff Process. Setting aside for an SDVOSB firm complies with regulations to meet our goals and fulfill the VA’s mission to meet socioeconomic goals.

1.2 The Government intends to make award to a responsible Offeror submitting a conforming proposal without discussions; however, the Government reserves the right to conduct discussions if deemed to be in the best interest of the Government.

1.3 To arrive at a Best Value decision, the Source Selection Authority, using the SSEB documentation will integrate the evaluation of Technical Expertise, Past Performance, and Price. Technical Expertise and Past Performance are of equal weight, and when combined, are significantly more important than Price.

2. INSTRUCTIONS

2.1 Offerors submitting proposals for this project should limit submissions to data essential for evaluation of proposals, so that a minimum of time and monies will have been expended in preparing information required herein. However, in order to be effectively and equitably evaluated, the proposals must include information sufficiently detailed to clearly describe the offeror's technical expertise, and past performance capabilities to successfully complete the project. Requirements stated in this RFP are minimums. Innovative, creative, or cost-saving proposals that meet or exceed the requirements should be clearly noted and justified in the proposal.

2.2 Offerors must comply with the detailed instructions for the format and content of the proposal; proposals that do not comply with the detailed instructions for the format and content of the proposal may be considered unacceptable and may render the Offeror ineligible for award.

2.3 These instructions prescribe the format of proposals and describe the approach for the development and presentation of the proposal data. They are designed to ensure the submission of necessary information to provide for the understanding and comprehensive evaluation of proposals. Carefully review this section prior to commencing proposal preparation. In order for proposals to receive full consideration for award, offerors should ensure that the information furnished in support of the proposal is factual, accurate, and complete.

2.5.1 Phase 1 Proposal. Proposals will be evaluated in Phase 1 to determine which offerors will be requested to submit proposals for Phase 2. One contract will be awarded using competitive negotiation. Phase 1 of this procurement will result in a narrowing of offerors to a maximum of three (3) firms in accordance with FAR 36.303-1 based on the technical evaluation factors as identified in paragraph 3. Offerors shall provide 1 (one) electronic copy of Phase 1 proposal to Andrew.Merical@va.gov containing all information required for all evaluation criteria, excluding any reference to price. All pages must be typed, packages that are handwritten will not be evaluated.

2.5.2 Phase 2 Proposal. Phase 2 of the solicitation requires submission of technical and price proposals, which will be evaluated separately, in accordance with FAR part 15. The Phase 1 successful offerors will receive a Phase 2 Request for Proposal (RFP). The Phase 1 factors are not to be resubmitted in Phase 2. Phase 2 evaluation technical factors (Factors 4 – 6) are listed in paragraph (3) below. The Government reserves the right to negotiate with any or all offerors; to award the contract to other than the offeror submitting the lowest total price; and to award to the offeror submitting the highest technically rated or the lowest total price proposal; and to award to the offeror submitting the proposal determined to be the most advantageous best value to the Government.

2.5.2.1 Volume 1 Technical Proposal. Offerors shall provide 1 (one) electronic copy of Volume 1 to the Contracting Officer containing all information required for all evaluation criteria, excluding any reference to price. All pages must be typed, packages that are handwritten will not be evaluated.

2.5.2.2 Volume 2 Price Proposal. Offerors shall provide one (1) electronic copy of Volume 2 included in the proposal package as an original only. Offerors shall complete in its entirety the “Offeror” portion of the Standard Form (SF) 1442. An official having the authority to contractually bind your company must sign the SF 1442 in accordance with FAR 4.102. One copy of the SF 1442 is required to have an original signature. Valid electronic signatures are acceptable.

2.6 Proposal phases are due by the date and time set for the receipt of proposals shown in Block 13 of the SF 1442 and e-mailed to Andrew.Merical@va.gov. The due date for receipt of Past Performance Questionnaires from your references is the same as the date and time set for the receipt of proposals shown in Block 13 of the SF 1442.

Offerors shall submit separate prices for all items (if Applicable) indicated in Block 17 of the SF 1442 and shall complete the pricing schedule in the solicitation.

NOTE: Offers and pricing shall be valid for a time period from proposal submission date to 120 calendar days after submission.

In the event the proposal file size exceeds 20MB, break it down into multiple files and submit via email.

Zip Files are not allowed.

**ALL PROPOSALS MUST BE SUBMITTED ELECTRONICALLY; NO HARD COPY OR FACSIMILE PROPOSALS WILL BE ACCEPTED**

2.7 These instructions prescribe the format of proposals and describe the approach for the development and presentation of the proposed data. The proposal shall include all of the information requested in the specific instructions. Failure to include all information requested may adversely affect the evaluation. A proposal that merely reiterates or promises to accomplish the requirements of the RFP shall be considered unacceptable. Offerors are reminded of their responsibility to submit a proposal that is orderly and sufficiently documented that will enable the Government to easily understand and perform a thorough and fair evaluation.

2.8 Offerors are cautioned to submit enough information to enable the evaluation board to fully ascertain each offeror’s capability to perform all the requirements contemplated by this solicitation. All commitments made in the proposal may become a part of the resultant contract. The data submitted with each proposal should be complete and concise, but not overly elaborate. Excessive reliance on promotional brochures is discouraged.

2.9 Written proposals shall be prepared on standard 8.5 x 11-inch paper (charts may be landscaped but must be on 8.5 x 11-inch paper), text lines shall be single-spaced, and shall have a font size no smaller than Microsoft Word Times New Roman 11-point font. Type that is smaller will be considered illegible. Schedules may be landscaped on 11 x 17-inch paper. For the schedule required in sub-factor C of Volume 1, Factor 1, each side of a sheet of 11 x 17-inch paper shall count as a single page. All pages of each proposal shall be appropriately numbered and identified with the RFP number. For ease of reference, consecutive page numbering with tabs is required.

2.10 Indexing: Each Volume shall contain a “Table of Contents” for that volume. The “Table of Contents” shall identify major areas, paragraphs and subparagraphs by number and title as well as by page number and volume locations. Tab indexing shall be used to identify Factors as appropriate. Table of Contents and Tab indexes do not count toward page limitation.

3. PROPOSAL EVALUATION AND SUBMISSION REQUIREMENTS

3.1. A firm fixed price award will be made to the highest technically rated qualified contractor at a fair and reasonable price whose offer conforms to the solicitation, and which results in the best value to the Government, all factors considered. While the Government will strive for maximum objectivity, the evaluation process, by its nature, is subjective and therefore, professional judgment is implicit throughout the entire evaluation process.

3.1.1 Offeror may, at the discretion of the Government, be asked to provide information for clarification purposes regarding their proposals. Requests for such clarification information do not constitute discussions.

3.1.2 Phase 2 submission of technical and price proposals shall be evaluated separately in accordance with part 15 and submitted separately, volume one (technical) and volume two (price).

3.1.3 The offeror shall be held responsible for the validity of all information supplied in his/her proposal. Should subsequent investigation disclose that the fact and conditions were not as stated, the proposal may be rejected.

3.2 PHASE 1 PROPOSAL.

3.2.1 General Instructions: The Technical proposal shall be prepared in accordance with the instructions and format given in this factor. Failure to provide a technical proposal in accordance with this factor and the solicitation may render an offeror’s proposal incomplete and ineligible for award.

3.2.2 Evaluation Factors: The evaluation factors included are 1) Experience, 2) Past Performance and 3) Technical Approach. All Phase 1 technical evaluation factors are of equal importance.

(1) Experience: The Offeror shall submit a minimum of one (1) and a maximum of three (3) completed construction projects (as the prime vendor) within the last five (5) years of a Design Build contract similar in scope to this project. The Offeror shall demonstrate their experience on relevant Design/Build and projects that are similar in size, scope, and complexity to this RFP. In describing project design and construction experience, provide at a minimum the following information:

1. Project title, location, and brief description including the building use (medical facility, major building renovation, etc.)

2. Contract Type (Example: Design Build)

3. Provide the project owner name and telephone number of the owner’s contact person

4. Provide a brief description of the scope of work

5. Provide project prime contractor and major subcontractors

6. Provide project statistics including start and completion dates (original vs actual) and project cost (original vs actual). If original vs actual completion dates and project cost differ, provide explanation as to why they differ.

(2) Past Performance: Proposal shall provide current and relevant information regarding an offeror’s actions under previously awarded contracts referenced under Factor 1, Experience. If a completed past performance evaluation is available in Contractor Performance Assessment Reporting System (CPARS), it shall be submitted with the proposal for each project referenced in Factor 1, Experience. If there is not a completed past performance evaluation available in CPARS, then the offeror shall submit a Past Performance Questionnaire (PPQ) for each project referenced in Factor 1, Experience. A PPQ template is attached to this solicitation. The offeror shall notify their client that the PPQ must be submitted via email to the Contract Specialist, Andrew Merical, Andrew.Merical@va.gov. If the offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the offeror shall complete and submit with the proposal the first page of the PPQ, which will provide contract and client information for the respective project(s). The Government may make reasonable attempts to contact the client noted for that project(s) to obtain the PPQ information. However, offerors should follow-up with clients/references to help ensure timely submittal of questionnaires.

(3) Technical Approach: The Offeror shall provide a brief narrative describing the Offeror’s method to manage the project to achieve design and construction design objectives as described in the RFP. Include at minimum all aspects covered in the scope of work. The Offeror’s narrative should provide enough detail to demonstrate that the scope and complexity of the project requirements are understood and will be successfully completed. The following shall be included in the narrative:

1. Design Approach: Describe the techniques and methods for an efficient, effective design that will be used for this project.

2. Construction Approach: Describe the techniques and methods that will be used for this construction project to include coordination with the design package, projected timelines, and coordination of work.

3.3 PHASE 2 Technical Proposals.

Offerors are not to submit any of this information in Phase 1. This should only be provided once requested.

3.3.1 General Instructions: The Technical proposal shall be prepared in accordance with the instructions and format given in this factor. Failure to provide a technical proposal in accordance with this factor and the solicitation may render an offeror’s proposal incomplete and ineligible for award.

3.3.2 The technical evaluation factors included are 4) Technical Solution, 5) Project Schedule and 6) Key Personnel. All Phase 2 technical evaluation factors are of equal importance.

(4) Technical Solution: Based on the solicitation documents, site visit, and the offeror’s Phase 1 technical approach, provide a detailed narrative (page limitation: six pages) describing the offeror’s technical solution to the project to achieve design and construction objectives as described in the scope of work. If the page limit is exceeded, excess pages will not be read or considered. The Offeror’s narratives shall include, at minimum, the following technical areas:

· Concept Design – Provide preliminary design narrative describing approach to repairs and preliminary design plans.

· Areas of concern and describe how to minimize risk in conjunction with the identified areas of concern

· Indicate that the design-build team understands the complexities of the project and address how their approach offers constructability advantages in an operational hospital setting

(5) Project Schedule: The firm shall demonstrate their understanding of the Project Schedule for this Design-Build project by submitting a draft project schedule for design and construction that adheres to the requirements outlined in the attached Statement of Work.

(6) Key Personnel: The Offeror shall provide a resume for each of the following key personnel members to include: Overall Project Manager, Design Project Manager, Construction Project Manager, Project Site Superintendent, Architect-Engineer Field Representative and all the identified major subcontractors (it is recognized that not all subcontractors may be identified at the time of proposal submission). For each resume, include name of company, name of individual, relevant listing of experience, qualifications for each person such as specialized training, education, experience. Please delineate approximate % of work the prime contractor will perform on this job and the approximate % of work the subcontractors (collectively) will perform on this job. Also, clearly describe the prime responsible firm (or firms if a J/V) and individuals as well as the roles and responsibilities of individuals proposed as consultants and sub-contractors.

3.4 Phase 2 Price Information Submission Requirements

Offerors are not to submit any of this information in Phase 1. This should only be provided once requested.

3.4.1 Offerors shall complete in its entirety the “Offeror” portion of the Standard Form (SF) 1442. An official having the authority to contractually bind your company must sign the SF 1442 in accordance with FAR 4.102. One copy of the SF 1442 is required to have an original signature. Valid electronic signatures are acceptable.

3.4.2 Offerors shall provide all price information necessary to provide a meaningful basis for Government's analysis and evaluation of price for the project. The Government is not and does not intend to request certified pricing data. Offerors may be required, during the evaluation process to provide sufficient price information that will enable the Government to perform an accurate evaluation.

3.4.3 Offerors shall complete certification of VAAR 852.219-75 VA Notice of Limitations on Subcontracting—Certificate of Compliance for Services and Construction and submit with their price proposal (see below).

3.4.4 The Government will evaluate the total price identified in the Price Schedule for Line ITEM 0001.

3.4.5 Prices will be evaluated for reasonableness utilizing one or more of the price analysis techniques set forth in FAR 15.305.

3.4.6 Prompt payment discounts will not be considered in the evaluation of offers.

3.4.7 If no Offerors are within the available funding limitation, the VA reserves the right to enter into discussions with those Offerors who are determined to be within the competitive range, if a competitive range is determined in the interest of the VA, otherwise discussions will be with all Offerors.

3.4.8 If following the initial Non-Price and Price evaluations and/or receipt of Final Proposal Revisions, an offeror’s total evaluated price still exceeds the VA's funding limitation, the VA will no longer consider the offeror to be eligible for award.

3.4.9 Please note that all references to Resident Engineer or RE in the Drawings and Specifications shall be replaced with Contracting Officer’s Representative or COR.

3.5 Source Selection Technical Evaluation Rating System Phase 1 & 2.

Offerors will be evaluated according to the following ratings. These ratings focus on the strengths, weaknesses, significant weaknesses, and deficiencies of the Offeror’s Proposal.

The following adjectival rating system will be used to determine the Phase 1 ratings for Factors 1 and 3 and the Phase 2 ratings for Factors 4, 5, and 6.

The following rating system will be used to determine the Phase 1 ratings for Factor 2 Past Performance.

SELECTION DEFINITIONS

Strength: A proposal area in which there is a high level of confidence of meeting the requirements and to some extent clearly exceeds what is necessary to meet the requirement. (This could be associated with a process, technical approach, materials, etc.)

Weakness: Is a flaw in the proposal that increases the risk of unsuccessful contract performance.

Significant Weakness: Is a flaw that appreciably increases the risk of unsuccessful contract performance.

Deficiency: Is a material failure of a proposal to meet a government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

*These definitions are to be applied for both the Phase 1 and Phase 2 evaluations.

4. SPECIFICATIONS AND DRAWINGS:

Drawings, specifications, and contract forms are included and/or attached as part of this Request for Proposal. The VA will not provide printed copies of drawings or specifications. It is the responsibility of the offeror to obtain the required documents in a time and manner sufficient to respond to this solicitation by the specified due date.

5. WAGE DETERMINATION:

Wages for all contractors and subcontractors must comply with Wage Rate Requirement (formerly Davis Bacon Act). The current determination is General Decision ME20240009 05 JAN 2024. Be advised the determination that is current at the time of the contract award is the determination that will apply for the project. It is the responsibility of the contractor prior to the due date of the proposal to regularly check the wage decision as to include the most current prevailing wage in their proposal. Current determinations are always available at: https://sam.gov/content/wage-determinations.

6. AVAILABILITY OF SOLICITATION DOCUMENTS:

All solicitation related documents will be published to Contract Opportunities at https://sam.gov/content/opportunities.

7. INVITATION FOR PROPOSAL:

This solicitation is being issued as a Request for Proposal (RFP) in accordance with FAR Part 15.101-1.

8. SDVOSB SET-ASIDE:

This procurement is 100% set-aside for Service-Disabled Veteran-Owned Small Business concerns. Proposals received from other than Service-Disabled Veteran-Owned Small Business concerns will not be considered. All Service-Disabled Veteran-Owned Small Businesses must be listed as “verified” by the SBA Veteran Small Business Certification (VetCert). Offerors must be verified at TIME OF SUBMISSION OF PROPOSAL AND TIME OF AWARD. Failure to be BOTH visible and verified at the time of submission will result in the offeror’s proposal ineligible for award.

9. JOINT VENTURE AND MENTOR PROTÉGÉ INFORMATION:

Instructions to Offerors (Joint Ventures and Mentor Protégé Offerors Only). This paragraph applies to offerors under the JV-Mentor Protégé Program

Fundamental requirements:

A Joint Venture (JV) may be considered an eligible offeror if the JV offeror meets the specific requirements at VAAR 819.7003(c)(1) through (4) the at the time of submission of the offer and throughout the period of performance. The JV itself must be “verified” by the SBA Veteran Small Business Certification (VetCert) at time of submission of the offer. The JV itself and the members of the JV must be registered in SAM.gov at time of submission of the offer. The SBA Small Business Mentor-Protégé Program applies to this solicitation and contract. The Department of Veterans Affairs MP Program is not active. VAAR 852.219-71 and VAAR 852.219-72 are not applicable to this solicitation. (87 FR 13606, Mar 9, 2022). A large business (LB) member of the JV must be a participant of the SBA Mentor-Protégé Program (SBA MPP) at the time of submission of the offer. 13 CFR 125.9. (https://www.sba.gov/mpp)

Specific Instructions for JV MPP offerors:

Offerors will identify in their offer the UEI of the JV and the UEI of all of the members of the JV.

Offerors will identify in their offer the UEI of both the protégé and mentor.

The signatures and authority of the members of the JV to bind the JV will conform with FAR 4.102(d).

The Bid Bond shall be submitted for this solicitation and in the name of the Joint Venture as Principal.

The performance and payment bonds and insurance certificates shall be submitted within ten (10) days after award notice in the name of the Joint Venture as Principal.

Threshold (JV MPP):

Assessment of JV status and MP status is a threshold assessment at time of receipt of the offer. Any JV SBA MPP offeror whose registration is not active in SAM, VetCert, and with SBA MPP at the time of proposal submission will be excluded from the process and their proposals will not be evaluated.

10. REQUEST FOR INFORMATION (RFI):

Questions of a technical nature must be provided in writing and shall be submitted by the prospective offerors to Andrew Merical. Questions shall be submitted only via e-mail to: Andrew.Merical@va.gov. The subject line must read: 402-24-110 D-B Structural Repairs and Improvements to Support Buildings - Questions. Oral questions of a technical nature are not acceptable due to the possibility of misunderstanding or misinterpretation. RFI submissions will take place during both Phases of this solicitation, those asked to partake in Phase II will be given a date and time to submit additional RFI’s.

11. AMENDMENTS:

Amendments to this solicitation will be posted at https://sam.gov/content/opportunities. Paper copies of the amendments will NOT be individually mailed. No other notification of amendments will be provided. Potential offerors are advised that they are responsible for obtaining and acknowledging any amendments to the solicitation. Failure to acknowledge an amendment may result in your offer being considered non-compliant (see below).

12. SITE VISIT:

A formal site visit has been scheduled for this project and will take place during Phase 2 of the solicitation process. This will be the only opportunity for potential offerors to visit the site. See FAR Clause 52.236-27 of this solicitation for further information for date/time/location and instructions. All potential offerors, subcontractors and suppliers are strongly encouraged to attend this site visit. All offerors asked to participate in Phase II will receive further details regarding the Site Visit at that time.

13. PREPARATION OF PROPOSALS:

The Government will not pay for any costs incurred in preparation and submission of proposals.

14. PROPOSAL PACKAGE CONTENTS:

Standard Form (SF) 1442 Solicitation, Offer and Award:

15. VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING:

The Offeror shall complete the certification at VAAR 852.219-75 VA Notice of Limitations on Subcontracting—Certificate of Compliance for Services and Construction and submit with their price proposal.

16. SUBMISSION OF FORMS:

Offerors will include Past Performance Questionnaire Form identified and attached in this solicitation.

852.219-75 VA Notice of Limitations on Subcontracting - Certificate of Compliance for Services and Construction.

VA Notice of Limitations on Subcontracting - Certificate of Compliance for Services and Construction (JAN 2023)

(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that -

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows: [Contracting Officer check the appropriate box below based on the predominant NAICS code assigned to the instant acquisition as set forth in FAR 19.102.]

(i) () Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-73 or VOSBs as set forth in 852.219-74. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) (X) General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-73or VOSBs as set forth in 852.219-74. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) () Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-73 or VOSBs as set forth in 852.219-74. Any work that a similarly situated subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(3) If VA determines that an SDVOSB/VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating section 1001 of title 18.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror's bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification

I hereby certify that if awarded the contract, the offeror will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of the offeror.

Printed Name of Signee: ____________________________________

Printed Title of Signee: _____________________________________

Signature: _________________________________________

Date: ______________________________________________

Company Name and Address: _________________________________________

2.1 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the—

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Togus VAMC Augusta, ME 04330

(End of Provision)

2.2 52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

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

(c) The amount of the bid guarantee shall be 20% percent of the bid price or $3,000,000.00, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of Provision)

2.3 52.233-2 SERVICE OF PROTEST (SEP 2006)

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

Diane Davis Contracting Officer Hand-Carried Address:

Department of Veterans Affairs Network Contracting Office 1 VAMC Togus 1 VA Center Augusta, ME 04330 Mailing Address:

*Same As Above*

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

(End of Provision)

2.4 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— This information will be released prior to Phase II.

(c) Participants will meet at—

(End of Provision)

2.5 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.