36C24421R0028_1.docx

1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

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

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

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

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

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

9. FOR INFORMATION

CALL:

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

SEALED BID (IFB)

NEGOTIATED (RFP)

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

YES

NO

a.

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

b.

An offer guarantee is, is not required.

c.

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

d.

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

36C24421R0028 X 07-13-2021 none 00244 Department of Veterans Affairs Network Contracting Office 4

See attached delivery schedule

Mike White 302-994-2522 x7528

THIS SOLICITATION IS 100% SET-A-SIDE FOR SERVICE-DISABLED VETERAN OWNED SMALL BUSINESSES (SDVOSB). Registration in the VIP database is required at MATOC proposal submission and at award.

CONSTRUCTION MULTIPLE AWARD TASK ORDER CONTRACT (MATOC)for Maintenance, Repair, and Construction services in support of the Wilkes-Barre Department of Veteran Affairs Medical Center located in Wilkes-Barre Pennsylvania. The Government intends to award this contract to approximately 5 qualifiedoffers, provided that sufficient qualified contractors present offers. Typical task orders under this contract will range from $2,000.00 - $7,000,000.00. The NAICS codes associated with this contract are 236 – Construction of Buildings, and 238 – Specialty Trade Contractors. While it is anticipated that the majority of the task order projects will be under NAICS 236220 Commercial and Industrial Building Construction, the MATOC will have the flexibility to also be used for specialty construction projects. The small busines size standard for NAICS 236 is $39.5 million. The small business size standard for NAICS 238 is $16.5 million. The awarded contracts will be 5 year MATOCs. The Period of Performance will be determined by the date of award.

The minimum guaranteed task order amount for the entire contract period is $5,000.00 per base contract awarded. In the event the minimum order is not met, the contractor will be paid a minimum guaranteed amount of $5,000.00.

SAMPLE Project will not be awarded.

Magnitude of Construction - Sample Project: Between $2,000,000 and $7,000,000

SAMPE LProject: Renovate 2 West rehab, Project #693-13-134 NAICS: 236220 - Commercial and Industrial Building Construction Small Business Size Standard: $39.5 million

Contractors shall be responsible for the correct title classification of workers and compliance with all applicable wage and hour laws. Performance and Payment Bonds are NOT required for MATOC award. Sample project will not be awarded.

Bonding will be required on an individual task order basis,and if required, will state in the task order solicitation.

In addition, notices to proceed will be issued on an individual task order basis. Firms interested in offering a proposal under this solicitation should attend the Pre-Proposal Conference. See 52.236-27 Site Visit (CONSTRUCTION) provision for location, date and time of the conference. All information pertaining to this solicitation i.e., solicitation, amendments, notices, etc.,will be posted electronically at http:// beta.SAM.gov. The duration of the base MATOC shall be 5 years, unless the $100M ceiling is met first. An offer guarantee is NOT required for the sample project or for the base MATOC. Blocks 11, 12, and 13 will be determined on a task order basis. For purposes of the base MATOC evaluation, please refer to the sample project. Solicitation may be canceled and all offers rejected any time before award.

52.211-10 X none

4PM

EDT

08-12-2021 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

00244

Network Contracting Office 4

Austin Payment Center

PO Box 149971 Austin

TX

78714-9971

(877) 353-9791

(512) 460-5429

MICHAEL F. WHITE

Contract Officer

Table of Contents

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

MATOC IDIQ - GENERAL CONSTRUCTION - FFP - Contractor shall provide all plant, labor, equipment, tools, appliances, materials, transportation, expertise and supervision required to accomplish all necessary construction services for various maintenance, repair and construction task order contracts for the Department of Veterans Affairs, Wilkes-Barre VA Medical Center Orders may be issued via e-mail.

Task orders may be issued by any contracting officer within NCO4.

MATOC contract minimum: $5,000.00

MATOC contract maximum: $100,000,000.00

GRAND TOTAL

A.4 INFORMATION REGARDING OFFER MATERIAL, BID GUARANTEE AND BONDS

(a) The solicitation, specifications and drawings will be available at Contracting Opportunities http://beta.SAM.gov. Amendments to the solicitation will also be posted on this website. All parties must obtain solicitation documents and amendments to the solicitation through the web site. Hard copies will not be mailed. Interested parties must go to the http://beta.SAM.gov web site to be entered on the Interested Vendors Mailing List and to obtain copies of the Interested Vendors Mailing List. It is the responsibility of the Contractor to frequently check the website for all notices, amendments, etc., regarding this solicitation. The Government will not be responsible for any notification not sent or received by the Contractor regarding the solicitation. The contract will be awarded in accordance with the procedures specified in the solicitation. The solicitation will be issued as a Request for Proposal (RFP) conducted in accordance with Federal Acquisition Regulation FAR Subpart 15.

b) A Bid Guarantee may be required on a task order basis. The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, whichever is less. The bid Bond is to be executed on a SF 24. Failure to furnish the required bid guarantee on the proper form and in the required amount, by the time set for the proposal due date/time, will require rejection of the offer in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then.

NOTE: The word “bid”, as in “bid guarantee” is used synonymously with “offer guarantee”.

A.5 STATEMENT OF WORK FOR BASE MATOC

Statement of Work

Construction Indefinite Delivery/Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC) Wilkes-Barre Veteran Affairs Medical Center (WBBVAMC), PA

Contractor shall perform maintenance, repair, and construction services in support of the Department of Veterans Affairs (VA) Medical Center located in Wilkes-Barre, PA. This MATOC may not be used to purchase non-construction supplies or services. After MATOC contracts are awarded, individual task orders will then be awarded based on the competition requirements for each task order solicited. Typical task orders awarded under this contract will range from $2,000 - $7 million. [Task Orders exceeding $7.0 million may be awarded IAW FAR 16.505(b)(iv)]. Work associated with these task orders may require work from all construction trades and disciplines. Work shall be performed in accordance with the VA CMF technical information library (TIL), and specifications will be tailored for each project. All Contractors will be required to provide proposals for every solicitation. The task order request for quote/proposal and resulting task order will define the scope of work, provide all significant quantities, describe the methods of construction, state the period of performance, and state the quality levels required, and the appropriate Construction Wage Rates Requirements (previously Davis-Bacon) rates. The NAICS codes associated with this contract are 236 Construction of Buildings and 238 Specialty Trade Contractors. While it is anticipated that most of the task order projects will be solicited under NAICS 236220 Commercial and Institutional Building Construction, the MATOC will provide the flexibility to be used for specialty construction projects. General Specs and Medical Center Requirements provided as attachments shall be referenced and apply only where the project specifics Specs and Requirements are silent. The duration this MATOC shall be 5 years unless the $100M ceiling is met before.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American—Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.2 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "designated country construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American—Construction Materials Under Trade Agreements" (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.3 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)

2.4 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:

Scot Plank Contract Specialist

Hand-Carried Address:

Department of Veterans Affairs Network Contracting Office 4 Wilkes-Barre VAMC Acquisitions (049E) 1111 East End Blvd Wilkes-Barre PA 18711

Mailing Address:

Department of Veterans Affairs Network Contracting Office 4 Wilkes-Barre VAMC Acquisitions (049E) 1111 East End Blvd Wilkes-Barre PA 18711

(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)

2.5 52.236-27 SITE VISIT (CONSTRUCTION) (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) Site visit has been scheduled: July 20, 2021 at 2:00 pm Name:

Scott Plank scot.plank@va.gov Address:

Building 1, Conference Room C6-70 Wilkes-Barre VA Medical Center 1111 East End Blvd.

Wilkes-Barre, PA 18711

Telephone: 570-824-3521 (End of Provision)

2.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Provision)

2.7 52.215-1 INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITION (JAN 2017)

(a) Definitions. As used in this provision— Discussions are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer’s discretion, result in the offeror being allowed to revise its proposal.

In writing, writing, or written means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

Proposal modification is a change made to a proposal before the solicitation’s closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

Proposal revision is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

Time, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals.

(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show—

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, revision, and withdrawal of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall—

(1) Mark the title page with the following legend:

This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed—in whole or in part—for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of—or in connection with—the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend:

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award.

(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government’s interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government’s best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of Provision)

2.8 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of an Indefinite Delivery/Indefinite Quantity contract resulting from this solicitation.

(End of Provision)

2.9 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of Provision)

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

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

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

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

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

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

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

(6) State the form of relief requested; and

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

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

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

(End of Provision)

PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:

Or for solicitations issued by the Office of Construction and Facilities Management:

PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:

Or for solicitations issued by the Office of Construction and Facilities Management:

PROCEDURES FOR SUBMITTAL OF OFFERS AND PROPOSAL EVALUATION CRITERIA

1. Overview

1.1 The intent of this solicitation is to select no more than 5 contractors to provide professional construction services per the Statement of Work (SOW), drawings, and specifications under IDIQ base contracts. Task Orders will then be issued against the MATOC contracts for specific projects.

1.2 The Government will use the “Best Value” tradeoff process source selection approach, in accordance with FAR 15.101-1, for the MATOC, with the sample project price information as part of the overall evaluation process. Award will be made to the responsible offeror whose offer, in conformance with this solicitation, results in the best value to the Government. The Contracting Officer will award a firm fixed price task order to the offeror whom the Source Selection Authority determines conforms to the solicitation, is fair and reasonable, and offers the best overall value to the Government, all factors considered. The Government reserves the right to reject all offers. Setting aside for a SDVOSB firm is in compliance with regulations to meet our goals and fulfill the VA’s mission to meet socioeconomic goals.

It is the Government’s intent that subsequent Projects/Task Orders will be awarded on a low-price, technically acceptable basis; however, the government reserves the right to evaluate TOs using a best value trade-off scheme.

2. Submittal of offers

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 money will have been expended in preparing information required herein. However, in order to be evaluated, the proposals must include information sufficiently detailed to clearly describe the offeror's experience, technical approach, and management capabilities to successfully complete multi-disciplinary construction projects associated with the MATOC. Proposals should follow in the order of sequence set forth in the Request for Proposal (RFP). Information provided out of sequence may not be evaluated and may result in the offeror's disqualification from award. 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 render the Offeror ineligible for award.

2.3 All proposal materials shall be submitted in binders with a table of contents and tabbed section dividers. There will be a single submission of Volumes I and II to cover the requirements set forth in the RFP. The sections should parallel the submission requirements identified below.

2.4 Volume I: Technical, Sections 1 – 2

Volume I: Sections 1-2 shall be submitted with one (1) original hard copy and one (1) compact disk (CD) to the Contracting Officer located at the Wilkes-Barre VAMC and one (1) compact disk (CD) to the Contracting Officer (CO) located at the Wilmington VAMC. See addresses below. Must be typed using 11- point Times New Roman font. Packages that are handwritten will not be evaluated. Failure to place the required submission information under the appropriate tab (factor or subfactor) and format may result in a lower rating if the evaluators cannot readily find the appropriate information.

2.5 Volume II: Price, Section 3

Volume II: Volume II shall be submitted as an original only, and shall be placed in a separate envelope, included in the proposal package to the Contracting Officer located at Wilke-barre VAMC. The sample project price proposal (volume II) will be used as part of the overall MATOC evaluation determination.

* For Wilkes-Barre VAMC - Volume I and Volume II: one (1) original hard copy, and one (1) compact disk (CD) Department of Veteran Affairs Network Contracting Office 4 Attention: Scot Plank Wilkes-Barre VAMC Acquisitions (049E) Wilkes-Barre PA 18711

* For Wilmington VAMC - Volume I and Volume II: one (1) compact disk (CD) only Department of Veteran Affairs Attention: Mike White 20 Montchanin Road Contracting Office, Room 135 Greenville, DE 19807

3. Proposal Evaluation Process

3.1 A Source Selection Evaluation Board (SSEB) comprised of representatives of the Department of Veterans Affairs will evaluate the proposals. The identities of the SSEB personnel are confidential, and any attempt by the offerors to contact these individuals is prohibited. The evaluation will be based on the content of the proposal and any subsequent discussions, if necessary, as well as information obtained from other sources, e.g. past performance information. Offerors are advised that the technical evaluation and rating of proposals will be conducted in strict confidence; technical and past performance proposals for the base MATOC consideration are reviewed and evaluated independently without any knowledge of the price offered for the Sample Project.

3.2 Technical, Past Performance, and Price Evaluation.

3.2.1 Technical and Past Performance Evaluation: Proposals will be evaluated against the Evaluation Factors and Criteria as identified in the paragraphs below.

3.2.2 Price Evaluation: The SSA will compare the relative advantages and disadvantages of technical proposals and past performance (Volume I) against the prices for the sample project (Volume II). After the SSEB completes the Technical and Past Performance evaluation the CO will evaluate Volume II price proposals, and later, provide pricing for the SSEB to perform the Best Value evaluation recommendation. Statement of Work (SOW) for the sample project, found in attachment “SAMPLE PROJECT TASK ORDER PACKAGE”, identifies project scope. In accordance with FAR 15.404-1, the contracting officer will evaluate the proposal for price reasonableness. The CO may obtain advice and assistance from experts of the technical evaluation board on price analysis. The SSA will then consider all factors to select the proposal offering the best value to the Government.

4. Evaluation Factors

4.1 Proposals will be evaluated in accordance with the Evaluation Factors identified below. Technical Capability and Past Performance are equal and, when combined, are significantly more important than Price. This evaluation based on proposals provided for the comprehensive requirement (inclusive of volumes I and II as mentioned above) will determine the MATOC contractors and the most highly qualified contractor who will obtain the award for the sample project.

Evaluation Factor 1 – Technical Capability Sub-factor 1 – Experience Sub-factor 2 – Capability Sub-factor 3 – Quality Control Evaluation Factor 2 – Past Performance Evaluation Factor 3 – Price

4.2 As demonstrated in their proposals, Offerors shall be evaluated in terms of the Offeror’s ability to meet or exceed the MATOC/task order requirements as identified in the SOW, and those proposals demonstrating an ability to exceed specified requirements may be rated higher in those areas than proposals demonstrating only the ability to meet requirements. Offerors are reminded to include their best technical and price terms in their initial offer and not automatically assume that they will have an opportunity to participate in discussions or be asked to submit a revised offer. The Government intends to make award to a responsible Offeror submitting a conforming proposal without discussions if deemed to be in the best interest of the Government.

5. Volume I - Technical Proposal (Three-Ring Binder)