36C24619R0025-001.docx

36C24619R0025 Section J

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.

36C24619R0025 X 06-10-2019 558-318 Department of Veterans Affairs Network Contracting Office 6 Attn: Billie Kindschuh 3518 Westgate Drive Durham

NC

27707 Department of Veterans Affairs Network Contracting Office 6 Attn: Billie Kindschuh 3518 Westgate Drive Durham

NC

27707 Billie Kindschuh 919-354-9341

Project Title: Expand Parking Garage Bldg. #33

Project Description: Contractor shall completely prepare site for building operations, including demolition and removal of existing materials, and furnish labor, equipment and materials to perform work for the Expand Parking Garage Bldg. #33 project, as required by drawing and specifications. This project consists of constructing two (2) additional levels over the existing Building #33 parking facility. This will provide approximately 400 additional parking spaces for patients. This parking garage building is located on the southwest corner of the main campus of the Durham VAMC at 508 Fulton Street, Durham NC and can beseen from Erwin Road.

See the Scope of Work, the Proposal Item List, the Specifications, and the Drawings for additional descriptions.

A site visit is tentavively scheduled for 19 June 2019 at 10:00 AM.

X X 52.211-10 X

3:00PM EDT

07-25-2019 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

See Proposal Item List on page 3 for further details Department of Veterans Affairs Network Contracting Office 6 508 Fulton St Durham

NC

27705 Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin

TX

78714-9971

Table of Contents

Expand Parking Garage Bldg. #33

Construction

Project 558-318

STATEMENT OF WORK

(a) General: Contractor shall completely prepare site for building operations, including demolition and removal of existing materials, and furnish labor, equipment and materials to perform work for the Expand Parking Garage Bldg. #33 project, as required by drawings and specifications.

(b) Construction Cost: Magnitude of Construction: Between $5,000,000 - $10,000,000.

(c) Construction Duration: 240 calendar days.

(d) Phasing: The sequence of construction must be carefully coordinated and is proposed on the plans. The phasing will be finalized through discussions with the VAMC and contractor.

(e) Organization/Duties: Full-time superintendent and project manager are required. QC Manager duties in accordance with specifications.

(f) Construction Services: Perform work as described above and in accordance with professionally developed design drawings and specifications.

(g) Place of Performance: Tasks will be performed at the VA Medical Center Durham, NC. Work will be around an occupied healthcare facility in operation 24 hours a day.

PROPOSAL ITEM LIST

Durham VAMC, Durham, NC Expand Parking Garage, Building #33; Project No. 558-318 **Note – Offeror MUST enter a price for ALL proposal items (Base Proposal and successive deduct alternates) on this PROPOSAL ITEM LIST. Failure to do so will result in an incomplete proposal**

PROPOSAL ITEM II (DEDUCT ALTERNATE 1): Contractor shall perform all work as described in Proposal Item I (Base Bid) except INSTALLATION OF SILANE SEALER. Construction Duration: 240 calendar days from NTP.

Proposal Item II (DEDUCT ALTERNATE 1): $________________ PROPOSAL ITEM III (DEDUCT ALTERNATE 2): Contractor shall perform all work as described in Proposal Item 1 except PROPOSAL ITEM I AND DELETE PROVIDING ANY THINSET BRICK AT EXTERIOR PRECAST PANELS, ALL SIDES. Construction Duration: 240 calendar days from NTP.

Proposal Item III (DEDUCT ALTERNATE 2): $_________________ PROPOSAL ITEM IV (DEDUCT ALTERNATE 3): Contractor shall perform all work as described in Proposal Item I except PROPOSAL ITEMS II AND III AND DELETE PROVIDING RE-STRIPING OF EXISTING GARAGE LEVELS. Construction Duration: 220 calendar days from NTP.

Proposal Item IV (DEDUCT ALTERNATE 3): $__________________ PROPOSAL ITEM V (DEDUCT ALTERNATE 4): Contractor shall perform all work as described in Proposal Item I except PROPOSAL ITEMS II, III, IV AND DELETE PROVIDING CONCRETE STRUCTURE ON LEVEL 6 BETWEEN COLUMN LINES 2 & 3, AND COLUMN LINES E & G. Construction duration: 220 calendar days from NTP.

Proposal Item V (DEDUCT ALTERNATE 4): $_________________ PROPOSAL ITEM VI (DEDUCT ALTERNATE 5): Contractor shall perform all work as described in Proposal Item I except PROPOSAL ITEMS II, III, IV, V AND DO NOT EXTEND ELEVATOR AND ASSOCIATED SHAFT TO LEVEL 6. REDUCE STAIR TOWER BY ONE LEVEL TO LEVEL 5. Construction Duration: 220 calendar days from NTP.

Proposal Item VI (DEDUCT ALTERNATE 5): $__________________ PROPOSAL ITEM VII (DEDUCT ALTERNATE 6): Contractor shall perform all work as described in Proposal Item I except PROPOSAL ITEMS II, III, IV, V, VI AND DO NOT PROVIDE CONCRETE STRUCTURE ON LEVEL 6 BETWEEN COLUMN LINES 1 & 2 AND BETWEEN COLUMN LINES B & H. REMOVE ONE FULL LEVEL FROM SCOPE AT TOP OF STRUCTURE IN THE INDICATED AREA. REDUCE STAIR TOWER BY ONE LEVEL TO LEVEL 5. Construction Duration: 200 calendar days from NTP.

Proposal Item VII (DEDUCT ALTERNATE 6): $__________________ PROPOSAL ITEM VIII (DEDUCT ALTERNATE 7): Contractor shall perform all work as described in Proposal Item I except PROPOSAL ITEMS II, III, IV, V, VI, VII AND DO NOT PROVIDE CONCRETE STRUCTURE ON LEVEL 6 BETWEEN COLUMN LINES 2 & 3 AND BETWEEN COLUMN LINES G & H. REMOVE ONE FULL LEVEL FROM SCOPE AT TOP OF STRUCTURE IN THE INDICATED AREA. REDUCE STAIR TOWER BY ONE LEVEL TO LEVEL 5. Construction Duration: 200 calendar days from NTP.

Proposal Item VIII (DEDUCT ALTERNATE 7): $_________________ PROPOSAL ITEM IX (DEDUCT ALTERNATE 8): Contractor shall perform all work as described in Proposal Item I except PROPOSAL ITEMS II, III, IV, V, VI, VII, VIII AND DO NOT PROVIDE CONCRETE STRUCTURE ON LEVEL 6 BETWEEN COLUMN LINES 1 & 2 AND BETWEEN COLUMN LINES A & B. REMOVE ONE FULL LEVEL FROM SCOPE AT TOP OF STRUCTURE IN THE INDICATED AREA. REDUCE STAIR TOWER BY ONE LEVEL TO LEVEL 5. Construction Duration: 200 calendar days from NTP.

Proposal Item IX (DEDUCT ALTERNATE 8): $_________________ PROPOSAL ITEM X (DEDUCT ALTERNATE 9): Contractor shall perform all work as described in Proposal Item I except PROPOSAL ITEMS II, III, IV, V, VI, VII, VIII, IX AND DO NOT INSTALL BOLLARDS, LIGHTING PROTECTION AND CAMERAS. Construction Duration: 200 calendar days from NTP.

Proposal Item X (DEDUCT ALTERNATE 9): $_________________

NOTICE

1. The Base Proposal contains all the project work. Each additional Proposal Item (deduct alternate) deletes a portion of the work from the previous Proposal item.

2. It is anticipated that award will be made on Proposal Item I (Base Proposal) to the Lowest Price Technically Acceptable and responsible offeror for Proposal Item I. However, if the Proposals exceed the funds available, award will be made on Proposal Item II (Deduct Alternate 1) to the lowest technically acceptable, responsive and responsible offeror for Proposal Item II. Likewise, if the Proposals exceed the funds available for the Proposal Item I (Base Proposal) and Proposal Item II (Deduct Alternate 1), award will be made on Proposal Item III (Deduct Alternate 2) to the lowest technically acceptable, responsive and responsible offeror for Proposal Item III (Deduct Alternate 2), et cetera.

3. The Proposal Items are listed in descending order of importance.

4. Offerors shall affix a price to each Proposal item. Failure to do so may render the Proposal as incomplete.

5. Prices for each Proposal Deduct Alternate shall be expressed as the total price for the entire project at the Deduct Alternate level and NOT the dollar amount to be deducted from the price for the Proposal Item above. For example, price the Deduct Alternate as a whole value, such as $425,000.00 in lieu of a negative value, such as -$25,320.00.

See attached document: Wage Determination NC190028.

See attached document: Attachment A - Itemized Schedule of Values Cost Breakdown.

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

(a) If the bid/offer exceeds $150,000, a bid guarantee is required in an amount not less than twenty (20) percent of the bid/offer price or $3M, whichever is less.

(b) Bidders are reminded that an acceptable Bid Guarantee MUST be received with the bid/offer before the bid opening. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for opening of bids/offers, will require rejection of the bid/offer in all cases except those listed in Federal Acquisition Regulation (FAR) 28.101-4, and may be cause for rejection even then. For guidance, Bidders/Offerors are referred to FAR provision 52.228-1, BID GUARANTEE (SEP 1996) in the solicitation, FAR Part 28.101 Bid Guarantees, and FAR Part 28.2 Sureties and Other Security for Bonds. Corporate sureties offered for bonds must appear on the list contained in the Department of Treasury Circular 570, “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies, ” See http://www.fms.treas.gov/c570/c570.html

(c) If the contract will exceed $30,000 but will not exceed $150,000, the bidder/offeror to whom award is made will be required to furnish a Payment Bond, Standard Form 25A, or alternative payment protection.

(d) If the contract will exceed $150,000, the bidder/offeror to whom award is made shall be required to furnish a Payment Bond, Standard Form 25A, and a Performance Bond, Standard Form 25. Copies of the Standard Forms 25A and 25 may be obtained upon application to the Issuing Office.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

Page 1 of Page 1 of

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS

TO BIDDERS/OFFERORS

L.1 INSTRUCTIONS TO OFFERORS

THIS SECTION IS FOR SOLICITATION PURPOSES ONLY. THIS SECTION WILL BE PHYSICALLY REMOVED FROM ANY RESULTANT AWARD BUT WILL BE DEEMED INCORPORATED BY REFERENCE.

(a) GENERAL INSTRUCTIONS:

1. All proposal preparation cost will be the sole responsibility of the Offeror. The Government will not reimburse any firm for their proposal preparation cost.

2. The price, technical response and past performance of each Offeror will be evaluated independently. Offerors shall separately document each of the three factors. Each of the three offer sections shall therefore be labeled with the Offerors name, business address, and VA Solicitation Number.

3. To assure timely and equitable evaluation of proposals, Offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including these instructions, the terms and conditions, representations and certifications, and technical and past performance requirements. 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.

The offer shall consist of three (3) separate parts:

· Part I – TECHNICAL CAPABILITY

· Part II – PAST PERFORMANCE

· Part III – PRICE

(b) SPECIFIC INSTRUCTIONS

1. PART I - TECHNICAL PROPOSAL – Submit electronic PDF document(s) by email.

Management Approach, Corporate Experience, Key Personnel Qualifications, and Construction Schedule shall be limited to no more than 15 pages total. The Quality Control plan shall be limited to no more than 10 pages total.

Format as follows:

TAB A: General Information

a. Cover page with Solicitation Number and Project Title

b. Table of Contents

c. Company information to include: DUNS Number, Cage Code, Tax ID Number, Principle points of contact with addresses, phone numbers and email addresses.

TAB B: TECHNICAL CAPABILITY

a. Management Approach – Subfactor 1

b. Corporate Experience – Subfactor 2 (Solicitation Attachment B)

c. Key Personnel Qualifications – Subfactor 3

d. Construction Schedule – Subfactor 4

e. Quality Control Plan – Subfactor 5

2. PART II – PAST PERFORMANCE - Submit questionnaires to references. (Solicitation Attachment C)

a. Past Performance Questionnaires: The contractor shall send out the enclosed past performance questionnaires to each of their references listed under the Experience technical factor or any other references that the Offeror deems necessary. The Government will evaluate the quality and extent of Offeror’s performance deemed relevant and recent to the requirements of this solicitation.

b. The references must return the survey directly to the Government Contracting Officer listed on the survey, via email.

3. PART III - PRICE PROPOSAL - Submit electronic PDF document(s) by email.

TAB A: General Information

a. Cover page with Solicitation Number and Project Title

b. Table of Contents

c. Company information to include: DUNS Number, Cage Code, Tax ID Number, Principle points of contact with addresses, phone numbers and email addresses.

TAB B: Offer, Guarantee, and Certifications

a. Complete the SF 1442, Blocks 14, 15, 17, 19, 20A, 20B, 20C and 30. An official having the authority to bind your company contractually must sign and date the SF 1442 Block 30b. One copy of the SF 1442 must bear an original, authorized signature. In doing so, the Offeror accedes to the contract terms and conditions as written in the RFP. All sections of the RFP, excluding Instructions to Offerors and Evaluation Procedures Sections, constitute the model contract.

b. Complete the PROPOSAL ITEM LIST on page 5. As part of their proposal, each Offeror shall be required to complete the attached Base Proposal Item Price Breakdown Form for the Base Proposal Item only. (Solicitation Attachment A)

c. Complete 52.204-8 Annual Representations and Certifications, paragraph (d) applies to this contract. 52.209-5--complete sections (a) (1) and (2), and 52.209-7 paragraph (b). Print out these provisions in their entirety and submit it with the proposal. Offerors shall submit only those pages that require fill-in.

d. Bid Bond/Offer/Guarantee

e. Acknowledgement of Amendments

f. Copy of VetBiz Registry printout showing your firm as a verified SDVOSB.

(c) GENERAL INFORMATION

1. Pages exceeding the page limitations set forth will not be read or evaluated and will be removed from the proposal.

2. Format for proposal Part I & II shall be as follows:

a. A page is defined as one face of an 8 ½” x 11” sheet of paper containing information.

b. Typing shall not be less than font size 12.

3. Offers shall be submitted via email to the Contracting Specialist, Billie Kindschuh, at billie.kindschuh@va.gov, prior to the due date and time identified in the solicitation. Multiple emails will likely be required to submit all attachments. Server capacity is 10MB for file attachments, per email.

4. Each response shall address each factor in the sequence listed and clearly identify which factor is being addressed.

5. There shall be no mention of costs in the Technical Proposal.

6. FEDERAL HOLIDAYS: The following Federal Legal Holidays are observed by the Contracting Office and Hampton VA Medical Center:

· New Year’s Day – 1 January

· Martin Luther King’s Birthday – Third Monday in January

· Presidents Day – Third Monday in February

· Memorial Day – Last Monday in May

· Independence Day – 4 July

· Labor Day – First Monday in September

· Columbus Day – Second Monday in October

· Veterans Day – 11 November

· Thanksgiving Day – Fourth Thursday in November

· Christmas Day – 25 December

· Any other Federal Holiday granted by the President of the United States

See attached document: SOLICITATION ATTACHMENT B - CORPORATE EXPERIENCE FORM.

See attached document: SOLICITATION ATTACHMENT C - PAST PERFORMANCE QUESTIONNAIRE.

L.2 SITE VISIT

(a) A site-visit will be held on Wednesday, 19 June 2019, at 10:00AM EDT. Potential Offerors shall contact the Contracting Officer, via email (billie.kindschuh@va.gov), to notify the Contracting Office of their interest in attending, no later than 03:00PM EDT, Wednesday, 17 June, 2019. All questions shall be held for later submission to the Contracting Specialist, Billie Kindschuh, at billie.kindschuh@va.gov.

(b) Attendees will sign in at the start of the site visit. Attendees should arrive up to 15 minutes early to avoid missing their opportunity to attend. The points of contact for the site visit will be Billie Kindschuh, 919-354-9340, Billie.Kindschuh@va.gov, and Christian Steffen, 919-286-0411 Ext. 176445, Christian.Steffen@va.gov.

(c) The site visit will begin at Building 6, Engineering, Durham VA Medical Center, 508 Fulton Street, Durham, North Carolina, 27705.

1. A self-certification on company letterhead that the offeror has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or any EPA violation(s) in the past three years. Offerors shall submit copies of their OSHA logs (OSHA Form 300A) for the past three years with their offer. If the firm has been in business for less than three years, they shall submit copies of their OSHA logs for the period of time they have been in business.

1. Information regarding their current Experience Modification Rate (EMR) equal to or less than 1.0. This information shall be obtained from the bidder’s/offeror’s insurance company and be furnished on the insurance carrier’s letterhead.

1. Self-insured contractors or other contractors that cannot provide their EMR rating on insurance letterhead must obtain a rating from the National Council on Compensation Insurance, Inc. (NCCI) by completing/submitting form ERM-6 and providing the rating on letterhead from NCCI. Note: Self-insured contractors or other contractors that cannot provide EMR rating on insurance letterhead from the states or territories of CA, DE, MI, NJ, ND, OH, PA, WA, WY, and PR shall obtain their EMR rating from their state run worker’s compensation insurance rating bureau.

Solicitation issued – 6/10/2019 Site Visit – 6/19/2019 See pre-bid conference RFI due – NLT 6/21/2019 Government Response – On or about 6/26/2019 Proposals Due – On or about 7/25/2019

If a product is manufactured to metric dimensions and those dimensions exceed the tolerances specified in inch-pound units, a request should be made to the Contracting Officer, in writing, to determine if the product is acceptable. The Contracting Officer, in concert with the Contracting Officer’s Representative (COR), will accept or reject the product.

NOTE: QUESTIONS/RFI’s REGARDING THIS SOLICITATION MUST BE SUBMITTED VIA E-MAIL (Billie.Kindschuh@va.gov); NO TELEPHONE QUESTIONS WILL BE ACCEPTED. CUT OFF FOR QUESTIONS/RFI’s IS 3:00 PM (LOCAL TIME), June 21, 2019.

The C&A requirements do not apply and a Security Accreditation Package is not required. If the contractor opts to use a computer or computer system for processing contract documents, the requirements of FIPS 140-2 for encryption of contract documents must be met.

L.21 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision— "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

"Federal contracts and grants with total value greater than $10,000,000" means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The Offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the Offeror checked "has" in paragraph (b) of this provision, the Offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the Offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the Offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the Offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the Offeror has provided the requested information with regard to each occurrence.

(d) The Offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of Provision)

L.22 52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of Provision)

L.23 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)

L.24 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)

(e) 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).

(f) 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.

(g) 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.

(h) 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.

(iii) (End of Provision)

L.25 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:

Billie Kindschuh Billie.kindschuh@va.gov Hand-Carried Address:

Department of Veterans Affairs Contracting Office Network Contracting Office 6 3518 Westgate Drive Durham, NC 27707

Mailing Address:

Department of Veterans Affairs Contracting Office Network Contracting Office 6 3518 Westgate Drive Durham, NC 27707

(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)

L.26 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)

L.27 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (JAN 2008)

The supplies or equipment required by this invitation for bid or request for proposal must conform to the standards of the [SEE SPECIFICATIONS AND DRAWINGS] and as to. The successful bidder or Offeror will be required to submit proof that the item(s) he/she furnishes conforms to this requirement.

This proof may be in the form of a label or seal affixed to the equipment or supplies, warranting that they have been tested in accordance with and conform to the specified standards. Proof may also be furnished in the form of a certificate from one of the above listed organizations certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.

(End of Provision)

L.28 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) Prime contractors are encouraged to assist service-disabled veteran-owned and veteran-owned small business potential subcontractors in obtaining bonding, when required. Mentor firms are encouraged to assist protégé firms under VA's Mentor-Protégé Program in obtaining acceptable bid, payment, and performance bonds, when required, as a prime contractor under a solicitation or contract and in obtaining any required bonds under subcontracts.

(End of Clause)

L.29 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION (JAN 2008)

(i) Any protest filed by an interested party shall:

(1) Include the name, address, fax number, 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.

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

(k) 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)

L.30 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998)

As an alternative to filing a protest with the contracting officer, an interested party may file a protest with the Deputy Assistant Secretary for Acquisition and Materiel Management, Acquisition Administration Team, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, or for solicitations issued by the Office of Construction and Facilities Management, the Director, Office of Construction and Facilities Management, 810 Vermont Avenue, NW., Washington, DC 20420. The protest will not be considered if the interested party has a protest on the same or similar issues pending with the contracting officer.

(End of Provision)

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

Deputy Assistant Secretary for Acquisition and Logistics, Risk Management Team

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

L.31 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)

The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee's authority. A copy of the designation shall be furnished to the contractor.

(End of Provision)

EVALUATION FACTORS FOR AWARD

M.1 EVALUATION CRITERIA

THIS SECTION IS FOR SOLICITATION PURPOSES ONLY. THIS SECTION WILL BE PHYSICALLY REMOVED FROM ANY RESULTANT AWARD BUT WILL BE DEEMED INCORPORATED BY REFERENCE.

(a) The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Part I – TECHNICAL CAPABILITY Part II – PAST PERFORMANCE Part III –PRICE

(b) BASIS FOR CONTRACT AWARD: This is a competitive Best Value Tradeoff (Tradeoff) source selection in which technically acceptable competing Offerors will be assigned a Past Performance Confidence Assessment Rating and will then be evaluated for Price fairness and reasonableness. All evaluation factors other than price, when combined, are significantly more important than price. The government reserves the right to award a contract to other than the lowest priced offer if the lowest priced Offeror is judged to have a performance confidence assessment of "Satisfactory Confidence" or lower. In that event, the Source Selection Authority shall make an integrated assessment best value award decision, where the perceived benefits of the higher priced proposal, and the rationale for tradeoffs, shall be documented in the contract file in accordance with FAR 15.406.

(c) By submission of its offer, the Offeror accedes to all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in an offer being determined unacceptable. The evaluation process shall proceed as follows:

PART I – TECHNICAL CAPABILITY

Offers will first be evaluated for responsiveness to the solicitation requirements, by the Contracting Officer, without regard to evaluation of specific technical capability, past performance or price factors. Exchanges may occur to identify/confirm missing documentation and a determination will be made regarding whether the Offeror should/can be allowed to submit any missing/deficient documentation. Responsive offers will be provided to the Technical Evaluation Board (TEB) for the next evaluation stage. The technical capability of all offers will be evaluated on an ACCEPTABLE / UNACCEPTABLE basis.