36C24522R0056_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.

36C24522R0056 X 08- -2022

NONE

Department of Veterans Affairs Louis A Johnson, VAMC Contracting Office (90C) 1 Med Center DR Clarksburg WV 26301-4199 Department of Veterans Affairs Louis A Johnson, VAMC Contracting Office (90C) 1 Med Center DR Clarksburg WV 26301-4199

ALISON KLEIN

304-623-3461 X 4143 THIS SOLICITATION IS 100% SET-ASIDE FOR SERVICE DISABLED VETERAN OWNED SMALL BUSINESSES (SDVOSB)IAW Public Law 109-461.

A. Project Title: Construction Services Indefinite Delivery-Indefinite Quantity (IDIQ), Multiple Award Task Order Contract (MATOC)I for maintenance, repair and construction services for locations within Veterans Integrated Service Network (VISN)/Network Contracting Office (NCO) 5 area of responsibility.

B. The Government anticipates award of 5-10 contracts to SDVOSB concerns for each geographic area, geographic areas defined as: Maryland (MD)/District of Columbia (DC) and West Virginia.(WV ). The anticipated award of 5-10 contracts is an estimate for informational purposes at the sole discretion of the Government and there is no guarantee of actual amount contracts.

C. All questions concerning this Request for Proposal (RFP)shall be submitted by September , 2022 at 3pm Eastern Time.

All questions shall be submitted in writing to alison.klein@va.gov.

D. Bonding requirements – A Bid Bond in the amount of 20% will be required for the S eed P roject(s).

E. The guaranteed minimum amount over the life of the Multiple Award Contract Task Order is $2,000.00. The total aggregate amount expendable under all contracts awarded shall not exceed $300 Million.

F. The MINIMUM ordering limit per T ask O rder is $1,000,000.00. The MAXIMUM order limit is $20,000,000.00 per T ask O rder.

G. Persons intending on offering a proposal are highly encouraged to attend the site visit(s). See 52.236-27 ALT I for location(s) and date(s).

H. This acquisition features S eed P rojects for each of the geographic areas defined in paragraph B (above) IAW VAAR 836.204, the Magnitude of Construction for the Seed Projects are:

West Virginia Geographic Area: Between $1,000,000 and $2,000,000 MD/DC Geographic Area: Between $2,000,000 and $5,000,000.

I. NAICS Code for this acquisition is No. 236220; Small Business (SB) size standard is $39.5M.

J. Project performance period is scheduled for five years from the date of award.

K. Notice to Offeror(s): Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event that the Government cancels this solicitation, the Government will not reimburse an offeror for any costs.

L. Companies intending to submit a proposal must ensure they have a current SAM Registration, are registered in VETBIZ.GOV at (https://www.vip.vetbiz.gov/) and have filed their preceding years VETS 4212 report (https://www.dol.gov/agencies/vets/programs/vets4212). Contractors will be considered non-responsive if above conditions have not been met at time proposals are submitted and due.

M. Solicitation and all information, notices, amendments for this solicitation will be posted at http://www.sam.gov.

N. In accordance with FAR 52.229-3 paragraph (b)(1) “the contract price includes all applicable Federal, State, and local taxes and duties”; this shall be the responsibility of the offeror to submit an proposal inclusive of the aforementioned. Please ensure your proposal is inclusive of all taxes required.

x 52.211-10 X see RFP 3:

0PM

EDT

10- -2022 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

Department of Veterans Affairs Louis A Johnson, VAMC Contracting Office (90C) 1 Med Center DR Clarksburg WV 26301-4199

PAYMENT WILL BE MADE BY

FSC e-Invoice Payment Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp Invoice Setup Information 1-877-489-6135

ALISON KLEIN

Table of Contents

SCHEDULE

Baltimore VAMC 10N Greene St, Baltimore, MD 21201 Loch Raven VAMC 3900 Loch Raven Blvd., Baltimore, MD 21218 Perry Point VAMC 59 Ave. D, Perry Point, MD 21902 Washington DC VAMC 50 Irving St. NW, Washington, DC 20422

Beckley VAMC 200 Veterans Ave., Beckley, WV 25801 Clarksburg VAMC 1 Med Center Dr., Clarksburg, WV 26301 Huntington VAMC 1540 Spring Valley Dr., Huntington, WV 25704 Martinsburg VAMC 510 Butler Ave., Martinsburg, WV 25405

Baltimore VAMC 10N Greene St, Baltimore, MD 21201 Loch Raven VAMC 3900 Loch Raven Blvd., Baltimore, MD 21218 Perry Point VAMC 59 Ave. D, Perry Point, MD 21902 Washington DC VAMC 50 Irving St. NW, Washington, DC 20422

Beckley VAMC 200 Veterans Ave., Beckley, WV 25801 Clarksburg VAMC 1 Med Center Dr., Clarksburg, WV 26301

Year 3: Construction Services for Task Orders awarded under this Multiple Award Task Order Contract made by warranted VA contract specialists/officers within Network Contracting Office 5 for the following VAMC and their Outpatient Clinics:

Baltimore VAMC 10N Greene St, Baltimore, MD 21201 Loch Raven VAMC 3900 Loch Raven Blvd., Baltimore, MD 21218 Perry Point VAMC 59 Ave. D, Perry Point, MD 21902 Washington DC VAMC 50 Irving St. NW, Washington, DC 20422

Beckley VAMC 200 Veterans Ave., Beckley, WV 25801 Clarksburg VAMC 1 Med Center Dr., Clarksburg, WV 26301

Baltimore VAMC 10N Greene St, Baltimore, MD 21201 Loch Raven VAMC 3900 Loch Raven Blvd., Baltimore, MD 21218 Perry Point VAMC 59 Ave. D, Perry Point, MD 21902 Washington DC VAMC 50 Irving St. NW, Washington, DC 20422

Beckley VAMC 200 Veterans Ave., Beckley, WV 25801 Clarksburg VAMC 1 Med Center Dr., Clarksburg, WV 26301

Baltimore VAMC 10N Greene St, Baltimore, MD 21201 Loch Raven VAMC 3900 Loch Raven Blvd., Baltimore, MD 21218 Perry Point VAMC 59 Ave. D, Perry Point, MD 21902 Washington DC VAMC 50 Irving St. NW, Washington, DC 20422

Beckley VAMC 200 Veterans Ave., Beckley, WV 25801 Clarksburg VAMC 1 Med Center Dr., Clarksburg, WV 26301

INFORMATION CONDITIONS AND NOTICES TO OFFERORS

This is a competitive source selection process which will result in, multiple awards. The Government intends to select the best value offers based on a trade-off analysis per FAR 15.101-1, based upon the following criteria: 1. Previous Experience, 2. Construction Management, 3. Past Performance, and 4. Cost/Price. The solicitation may result in awards to technically capable, higher rated, higher priced offers, consistent with the evaluation factors. The Government may reasonably determine that the technical superiority and/or overall business approach and/or superior present and past performance of the higher priced offers outweighs the cost difference. Previous Experience, Construction Management and Past Performance are equal, but when combined are significantly more important than price. The perceived benefits of the higher priced proposal can merit the additional cost, and the rationale for tradeoffs.

Technical and Past Performance will be considered significantly more important than price. This may result in an award to higher rated, higher priced offerors, where the decision is consistent with the evaluation factors and the Source Selection Authority (SSA) reasonably determines the higher rated technical and higher rated past performance or a combination of those non-price factors of a higher priced offeror outweighs the price difference.

Contractor shall be deemed responsible in accordance with the Federal Acquisition Regulation (FAR) Part 9 and Veteran’s Affairs Acquisition Regulation (VAAR) Part 9.

While the Government SSEB and the SSA will strive for maximum objectivity, the source selection process by its nature is subjective and, therefore, professional judgment is implicit throughout the entire process. The Government reserves the right to award without discussions, therefore each initial offer should contain the Offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be needed or required.

WHEN COMBINED ALL NON-PRICE EVALUATION FACTORS ARE SIGNIFICANTLY MORE IMPORTNANT THAN PRICE. THE GOVERNMENT RESERVES THE RIGHT TO AWARD TO OTHER THAN THE OFFERORS WITH THE LOWEST OFFER.

Proposals will consist of three (3) parts: Volume I – Technical, Volume II- Past Performance and Volume III- Price Proposal.

Submission of Offers shall consist of three (3) separate Adobe “PDF” format files i.e., one (1) for each volume and emailed to alison.klein@va.gov. The total size of submission shall not exceed 10MB. Zipped files cannot be accepted due to firewall. The bid bond for the Seed Project(s) shall be hard copy and original and sent to Louis A. Johnson VAMC, Attn: Alison Klein (90C), 1 Med Center Drive, Clarksburg, WV 26301. Failure to receive the original hard copy of the Bid Bond(s) prior to solicitation closure will consider the offer(s)/proposal(s) to be non-responsive.

Emailed portion of submission receipt shall go off the time stamp sent on the email; it is suggested that proposal be submitted as early as possible.

Any missing or incomplete information could result in the offer(s)/proposal(s) to be non-responsive. It is intended that proposals be evaluated, and award made, without discussions with the offerors (other than communications conducted for purpose of minor clarification(s)), unless discussions are determined to be required.

EVALUATION FACTORS, SUBFACTORS, ELEMENTS

Factor 1 Previous Experience (Volume I Technical): Offerors must provide information demonstrating that they have successfully performed hospital construction as a prime contractor or sub-contractor within the last five (5) years* where at least three (3), no more than five (5) construction projects where multiple trades were involved. Project magnitude shall be the price range of $ 1 million and $20 million, where a minimum of two (2) project should be equal or greater than $5 million. The following information is required:

· Government or Company which awarded contract/project

· Contract number if Government award

· Project Name

· Project location

· Primary Point of Contact i.e., name, title, telephone number and email address

· Award amount

· Performance Period

· Description of Project i.e., scope of work

· Number of change orders/modifications and type of modifications (owner directed, differing site conditions, contractor requested)

*The five (5) year timeframe is from award date of the project.

Factor 2 Construction Management – (Volume I Technical):

Subfactor 2.1 Key Personnel The Offeror shall identify the key personnel (Project Manager, on-the-job Superintendent, etc.) to be involved on the Seed Project(s) and supply brief biographical data including name of individual, company position, years with the company, work and educational background, experience applicable to hospital construction.

The Site Superintendent(s)/Project Manager(s) shall have a minimum of a high school diploma or equivalent, five (5) years’ experiences in construction and proof of two (2) projects managed by them valued over $1,000,000.00 for a minimum of 50% of the duration of the project(s) in a hospital facility. Person(s) must be employed by the prime contractor and show evidence of employment or contract for employment.

Offeror may list additional key personnel such as Senior Project Manager, Quality Control Manger or Safety Officer(s) if firm employs personnel in these roles and they are separate duties or different individuals from the Site Superintendent/Project Manager.

Contractor must submit for Government approval replacements or deviation from proposed key personnel.

Subfactor 2.2 Quality Control The Offeror shall submit a Quality Assurance/Quality Control plan in regard to submittal review, construction management, closeout, processes and logical measures to ensure successful execution of the Seed Project(s).

The Offeror shall outline techniques for work coordination with subcontractors. Describe the mechanisms that are in place to monitor performance of subcontractors and guarantee performance.

The Offeror shall outline sound measures to monitor performance of subcontractors and guarantee performance, to include appropriate corrective actions, management tools, methods and documentation to correct performance if necessary.

The Offeror shall describe in detail the procedures utilized that ensure all contractual requirements will be completed on time to include written documentation such as payrolls, daily logs, submittals, warranties, payments and training completion.

Subfactor 2.3 Risk Assessment The Offeror shall provide a written Risk Assessment on the Seed Project(s) to include an understanding of the site conditions and plans to deal with varying elements and factors affecting the work (e.g., weather, local obstacles, public access and other conditions, inflation, cost of fuel, length of contract performance as it relates to offering a firm-fixed-price without the ability to make inflationary adjustments). The Risk Assessment shall include what contingencies are being anticipated and what plans are proposed to address them.

Subfactor 2.4 Safety & Infection Control

The Offeror shall identify personnel responsible for safety i.e., Competent and/or Qualified Person(s) and provide proof of competency/qualification to meet OSHA Competent/Qualified Person(s) requirement.

The Offeror shall outline how all workers whether a worker for the prime contractor or any subcontractor will be trained for the required minimum 10-hour OSHA training.

Offeror shall provide CURRENT insurance Experience Modification Rate (EMR) and discuss their experience with on-the-job incidents or injuries during the last two calendar years. EMR must be 1.0 or below.

The Offeror should demonstrate knowledge of and experience with the American Society of Healthcare Engineer's (ASHE) Healthcare Contractor Certification Program. Offerors with ASHE Healthcare Contractor's Certification will be rated higher than others. At a minimum, the Offeror should describe familiarity with Healthcare Construction, along with applicable JCAHO standards, AIA guidelines, ASHRAE guidelines, EPA IAQ guidelines, and CDC guidelines.

Subfactor 2.5 Bonding Provide information, from an acceptable surety in accordance with FAR 28.202 Acceptability of Corporate Sureties, reflecting sufficient bonding capability to meet the maximum per Task Order amount of $20,000,000.00. This information will be documented by the Surety submitted in this volume.

Factor 3 – Past Performance (Volume II): Offerors are required to demonstrate recent (within the last 5 years), successful performance under contracts that involve general hospital construction (completed or ongoing) which are similar in scope, magnitude and complexity to the Seed Projects. Offerors will either submit CPARS for successfully completed or ongoing projects, letters of recommendation or will have the Contracting Officer/Point of contact fill out a “Past Performance Evaluation Form” and submitted/emailed directly to the Contracting Officer, Alison Klein, alison.klein@va.gov from references. The Contracting Officer shall include it as part of the proposal package.

In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance IAW FAR 15.305(a)(2)(iv). Therefore, the offeror shall be determined to have unknown past performance i.e. Neutral. Although the SSEB may not rate an offeror that lacks recent, relevant past performance favorably or unfavorably with regard to past performance, the SSEB may recommend and the SSA may determine, that a “Substantial Confidence” or “Satisfactory Confidence” past performance rating is worth more than a “Neutral” past performance rating in a best value tradeoff.

The Past Performance evaluation considers the Offeror’s demonstrated record of performance in providing products and services that meet the users’ needs. Performance confidence is assessed at the overall Past Performance Factor Level after evaluating aspects of the Offeror’s recent past performance, focusing on performance that is relevant to the MATOC. Particular attention will be paid to the following areas which are addressed in the “Past Performance Evaluation Form” and Contractor Performance Assessment Reporting System (CPARS) evaluation data: Quality, Schedule, Cost Control, Management, and Regulatory Compliance, as well as Safety/Labor Compliance. Consideration will be given to things such as similar service, similar complexity of the effort, breadth and depth of skills, similar contract scope and type, contract magnitude and schedule. The Government may consider past performance in the aggregate in addition to an individual contract basis. In conducting the Past Performance evaluation, the Government reserves the right to use both the information provided in the Offeror’s Proposal Volume II and information obtained from any, and all sources, including sources outside the Government. Other sources may include, but are not limited to, the Contractor Performance Assessment Reporting System (CPARS) and/or similar systems, Past Performance Information Retrieval System (PPIRS) using all CAGE/DUNS numbers of contractors who are part of the partnership or joint venture identified in the offerors proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity (FAPIIS), Electronic Subcontract Reporting System and any other known sources not provided by the offeror. The Government will consider the recency and relevancy of the information, the source of the information, context of the data and general trends in the offeror’s performance. This evaluation is separate and distinct from the Contracting Officer’s responsibility determination. The assessment of the offeror’s past performance will be used as a means of evaluating the offeror’s probability of success of meeting the requirements of the RFP.

Factor 4 – PRICE (Volume III)

The Offeror’s price proposal will be evaluated for award purposes, based upon the total evaluated price proposed for the Seed Project associated with the geographic area (as selected by the offeror) of the demonstration project(s). Total proposed price should be reflected in Block 17 of the Standard Form 1442. Additionally, the offeror shall provide a completed Construction Price Breakdown, to detail their price reasonableness.

Analysis of price proposals will be performed using one or more of the techniques defined in FAR 15.404-1. Price analysis will be performed to ensure that the final agreed-to price is fair and reasonable. Price analysis will be utilized to review and evaluate the specific elements of each offeror’s proposed estimate in comparison with the Independent Cost Estimates to determine whether the contractor is abiding by the limitations in sub-contracting and reflect a clear understanding of the requirements; consistent with the performance and materials described in Seed Project(s) Statement of Work, Specifications and Drawings.

NOTE: The Seed Project at each geographic area is subject to the availability of funds, if funded, a Task Order will be awarded to the highest qualified offeror for the geographic area selected and offered on by the offeror post-award of the MATOC(s).

The following projects are the Seed Project(s):

512A5-16-303 UPGRADE MEDICAL GAS SYSTEM VA MARYLAND HEALTHCARE SYSTEM PERRY POINT VAMC (Attachments 2A through 2D)

517-17-123 RENOVATE LAB WAITING AREA BECKLEY VAMC (Attachments 1A through 1D) The Government intends to award minimum of (5) and maximum of (10) contracts per area for the Network Contracting Office (NCO 5) Multiple Award Task Order Contracts (MATOC) as Service-Disabled Veteran Owned Small Businesses (SDVOSB) set-aside based on the proposals received for the “Seed Projects”.

To arrive at a source selection decision, the Government will make an assessment of the proposals submitted in response to the evaluation factors and sub factors.

Offerors have been cautioned to completely read the entire solicitation and submit sufficient and correct information, and in the format specified. The Contracting Officer reserves the right to award a contract without the opportunity for proposal revision(s). Offers not submitting the required information, initially, with their proposals may be rejected. The government intends to award a contract without discussions with respective offerors. The government, however, reserves the right to conduct discussions if deemed in its best interests.

It is the Government’s intent to award without discussions; therefore, it is imperative that each offeror submit their best terms with their initial proposal. However, if during the evaluation period, it is determined to be in the best interest of the Government to hold discussions, offeror responses to clarifications, and the Final Proposal Revision(s) (FPR) will be considered in making the source selection decision.

Offerors are required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

Offerors to be considered for both geographical regions shall submit two complete separate proposals for each of the “seed” projects.

If contractor submits two proposals, one (1) for each geographical area, the SSEB shall evaluate each proposal separately against the evaluation criteria.

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

2.1 52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS (JUN 1988) The specifications cited in this solicitation may be obtained from:

Activity: DEPT. OF VA OFFICE OF CONSTRUCTION & FACILITIES Complete Address:

810 Vermont Avenue NW (003C)

WASHINGTON, DC 20420

https://www.cfm.va.gov/til/ cfm@va.gov

(End of Provision)

2.2 52.215-1 INSTRUCTIONS TO OFFERORS-COMPETITIVE ACQUISITION (NOV 2021)

(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 products, the make and model of the product to be delivered by the successful offeror.

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

(End of provision)

2.3 52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of Provision)

2.4 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)

2.5 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

WEST VIRGINIA

MARYLAND

DISTRICT OF COLUMBIA

(End of Provision)

2.6 52.222-33 NOTICE OF REQUIREMENT FOR PROJECT LABOR AGREEMENT (MAY 2010) ALTERNATE II (MAY 2010)

(a) Definitions. "Labor organization" and "project labor agreement," as used in this provision, are defined in the clause of this solicitation entitled Project Labor Agreement.

(b) Consistent with applicable law, if awarded the contract, the offeror shall negotiate a project labor agreement with one or more labor organizations for the term of the resulting construction contract.

(End of Provision)

2.7 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)

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

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the…