36C24620R0001-035.docx

36C24620R0001

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.

36C24620R0001 X 04-09-2020 637-315 Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton

VA

23667 Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton

VA

23667 Jamie Sullivan 757-251-4141 Request for Proposal (RFP): Project No. 637-315 Building 47 Renovate and Expand Operating Rooms at the Charles George VA Medical Center Asheville, NC. See Statement of Requirements, Master Specifications, drawings and attachments for project details and requirements.

Magnitude of Construction: Between $10,000,000 and $20,000,000 This is a 100% Total SDVOSB Set-Aside NAICS: 236220 | Size Standard: $39.5 Million Contractors must be registered in the Vendor Information Page (https://www.vip.vetbiz.gov) to be eligible

A Pre-Proposal Site Visit will be conducted on: Thursday, April 23, 2020 at 3:00 PM EST Location: Asheville VAMC, 1100 Tunnel Road, Asheville, NC 28805, Building 15 (FMS Office) Contact the contracting specialist via email at Jamie.Sullivan4@va.gov with your intent to attend the site visit by

4/20/2020 @ 1:00 PM EST.

Requests for Information are due to the Contracting Officer no later than Wednesday, April 29, 2020 at 11:00 AM (EST) The Government make no assurances that any RFI recieved after this date will be answered.

Answers to RFI's received shall only be answered via Solicitation Amendment posted approximately May 5, 2020

Proposals are due no later than Monday, May 11, 2020 at 8:00 AM EST

It is the responsibility of the offerors to ensure that their proposal conforms to the requirements of the solicitation.

See Attachment II for Proposal & Deductive Proposal Items

Due to size limitations, amendments will be posted with additional attachments.

X X 52.211-10 X

08:00 AM EST

05-11-2020 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

Base Proposal $______________________________ Alternate I $______________________________ Alternate II $______________________________ Alternate III $______________________________ Alternate IV $______________________________ Alternate V $______________________________ $0.00 Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton

VA

23667 Department of Veterans Affairs Financial Services Center

PO BOX 149971

Austin

TX

78714-9971 866.372.1141 512.460.5432

Table of Contents

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/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, Construction Schedule, Phasing Plan, Infection Control Plan, Quality Control Plan, Safety Plan and the Contractors plan to minimize interference.

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

c. Key Personnel Qualifications – Subfactor 3

d. Quality Control Plan – Subfactor 4

2. PART II – PAST PERFORMANCE - Submit Past Performance 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 Attachment A. 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. Acknowledgement of Amendments

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

f. Not completing 52.209-7(b), Information Regarding Responsibility Matters (OCT 2018), will render the proposal technically unsatisfactory and will eliminate the proposal from any further consideration for award.

(c) GENERAL INFORMATION

1. 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.

2. Offers shall be submitted via email to the Contracting Specialist, Jamie Sullivan, at Jamie.Sullivan4@va.gov and Angel Rhone, Contracting Officer, at Angel.Rhone@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.

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

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

5. 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 A – BASE PROPOSAL ITEM PRICE BREAKDOWN FORM See attached document: SOLICITATION ATTACHMENT B - CORPORATE EXPERIENCE FORM.

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

EVALUTATION FACTORS FOR AWARD

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 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 alone. The government reserves the right to award a contract to other than the lowest priced offer if the lowest priced Offeror is determined 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 strengths and weaknesses. Management Approach, Corporate Experience, Key Personnel Qualifications, and Quality Control Plan sub-factors will be evaluated equally.

NOTE: Those offers not meeting the minimum standard for acceptability will not be considered for award (i.e fail to meet minimum’s as defined by attached Specifications). Management Approach, Corporate Experience, Key Personnel Qualifications, and Quality Control Plan sub-factors will be evaluated, and all areas must have a SATISFACTORY or better rating. The Technical capability sub-factors ratings of SATISFACTORY or better will be required in order to be considered for award.

Evaluators shall assign a rating based on the minimum requirements stated below.

A. Sub-Factor 1 - Management Approach

Adjectival

A description of the organization’s program management policies and procedures to include project planning approach(s) and management approach(s) for multi-discipline, phased projects.

1. MINIMUM STANDARD OF ACCEPTABILITY: The minimum standard of acceptability is met when the Offeror provides a brief narrative outlining the following:

a. The Offeror has clearly demonstrated that they have established project planning approaches, specifically the Offeror has identified the principal business concepts used and principle technologies deployed.

b. The Offeror has clearly demonstrated that they have experience with project management approaches for multidiscipline, phased projects, specifically identifying the principal business concepts used and principle technologies deployed.

B. Sub-Factor 2 – Corporate Experience

Adjectival

1. CRITERIA: Offerors must provide a minimum of three (3) and a maximum of five (5) references of their choice of completed projects, similar in size and scope (minimum threshold: Projects where the principle objective was structural repair/structural renovations of hospitals within the United States, with a total contract value exceeding $500,000) to the requirement being solicited. Experience of subcontractors may be used to fulfill this requirement, but future unavailability of the subcontractor to perform work may result in contract termination.

2. MINIMUM STANDARD OF ACCEPTABILITY: The minimum standard of acceptability is met when the Offeror provides a minimum of three (3) and a maximum of five (5) examples of their choice of completed projects or in progress of similar contracts in size and scope (minimum threshold: Projects where the principle objective was structural repair/structural renovations of hospitals within the United States, with a total contract value exceeding $500,000). In describing the construction experience, provide the following information:

a. Project title, location and brief description of the project and contracting method (design build, design bid construct, CM at risk, Turnkey, etc).

b. Project owner and name and telephone number of owner’s contact person.

c. Indicate your firm’s role as a prime contractor or subcontractor, etc.

d. Project Prime Contractor and Major Subcontractors and name and telephone number of contact person(s).

e. Project Statistics including start and completion dates (original vs. actual) for design and construction; cost (with brief explanation of what is included in the cost); square footage; and any awards (prizes) received.

f. Please use the Corporate Experience Form (Solicitation Attachment B) included with the solicitation to provide the requested information for Experience.

g. Confirmation that the prime contractor and subcontractors are licensed for the work being performed in the state where the project is located, where specified, or otherwise in the state from which the contractor or subcontractor originates. Work requiring license in the State of North Carolina includes all Electrical work and Asbestos Project Monitoring.

C. Sub-Factor 3 – Key Personnel Qualifications

Adjectival

1. CRITERIA: Offeror must provide an organizational chart identifying key on-site personnel with a description of their work experience relating to projects similar in size and scope (multidiscipline construction projects with a minimum threshold value of $500,000) to the requirement being solicited. The key personnel required for this contract are identified in Attachment I Statement of Requirements.

2. MINIMUM STANDARD OF ACCEPTABILITY: The minimum standard of acceptability is met when the Offeror provides:

a. An organizational block identifying on-site key personnel associated with this requirement to include:

i. Each individual’s name, title, duty, years of experience and experience level relating to similar contracts in size and scope (multidiscipline construction projects with a minimum threshold value of $500,000).

ii. Narratives for the key personnel identified in the SOR experience for projects of similar size and scope (multidiscipline construction projects with a minimum threshold value of $500,000), showing project history with these key personnel in relations to the project’s description. The Quality Control Manager and the Safety Manager may be the same individual.

D. Sub-Factor 4 – Quality Control Plan

Adjectival

1. CRITERIA: Offeror must provide a plan to implement the requirements of Contract Clause entitled “Inspection of Construction” FAR 52.246-12. The plan shall identify personnel, procedures, control, and instructions. A finalized, more detailed Quality Control Plan (QCP) will be required to be submitted and approved after contract award, which include the identification of all contract submittals, tests, records, and forms.

2. MINIMUM STANDARD OF ACCEPTABILITY: The minimum standards of acceptability are met when the Offeror provides:

a. A description of the quality control system, including a chart showing lines of authority and acknowledgement that the Quality Control (QC) Manager shall implement the three-phase control system for all aspects of work specified. The QC System Manager shall report to the project manager or someone higher in the Contractor’s organization. Project Manager in this context shall mean the individual with responsibility for the overall management of the project including quality and production. The proposal provides a Quality Control approach that effectively addresses the internal processes to identify and prevent deficiencies in the quality of construction. This approach shall also show the plans for implementation ensuring the compliance of regulatory and Specification statutes are strictly adhered to. The approach shall also clearly address the QC organizational lines of authority and the Offeror’s approach to monitor corrective actions ensuring successful and timely problem resolution. The detailed QC approach shall identify how quality inspections will meet the minimum requirements of the Specifications. The QCP shall effectively address how the Offeror will correct identified discrepancies found during QC checks and the process to provide resolution to the CO/COR for any discrepancies identified in the Specifications or design. The QCP shall include the Offeror’s method for identifying subcontractors, specifically those meeting the following requirements of the solicited Specifications, as established by the project design:

B. Work under this Section shall be performed by organizations which have successfully performed at least three projects of similar size and type, in a similar climate within the past five years.”

PART II – PAST PERFORMANCE

Next, the Government will evaluate the Offeror’s demonstrated past performance of recent and relevant projects, in order to determine the Offeror’s ability to perform the contract successfully and help determine responsibility. Past performance information shall include, but not limited to evaluation of past performance of the firm having experience in construction or renovation of hospitals and/or operating rooms, quality, timely performance, management effectiveness, and safety. An overall Past Performance Confidence Assessment Rating will be assigned, but each past performance reference will first be evaluated for “recency” and “relevancy”. Therefore, the following ratings tables will be used. “Recent” past performance is defined as projects completed within the last five years, from the date of issuance of solicitation. Past Performance references meeting the “minimum threshold” criteria, but not related to hospital renovations, will be rated “Somewhat Relevant”. Past Performance references meeting the “minimum threshold” criteria, which included hospital renovations or with emphasis on renovation of hospital operating rooms will be assigned a relevancy rating based on the below rating definitions, with regard to the tasks outlined in the Specification of similar scope and complexity.

Past Performance Relevancy Rating Method

Performance Confidence Assessment Rating Method

reasonable expectation that the Offeror will successfully perform the required effort.

reasonably assigned.

A. CRITERIA: Offerors must provide a minimum of three (3) and a maximum of five (5) references of their choice of completed projects, similar in size and scope (minimum threshold: Projects where the principle objective was renovations to hospital facilities within the United States, with a total contract value exceeding $500,000). The Offeror must provide for each reference, the reference's company name, POCs, address, contact information to include phone number and e-mail address, project description, dollar value and period of performance. SEE NOTE BELOW, regarding the past performance questionnaire. Past Performance of subcontractors may be used, but future unavailability of the subcontractor to perform work may result in contract termination.

B. EVALUATION AND PERFORMANCE CONFIDENCE ASSESSMENT RATING: The Government will consider and evaluate the Offeror's past performance information, to include the references and completed surveys, which are deemed recent and relevant for the requirements of this RFP, including evaluation of the Offeror’s adherence to period of performance/time of construction and construction according to contract specifications and design without deficiencies. The Government may also use information submitted by the Offeror and other sources such as other Federal Government offices to include the Past Performance Information Retrieval System (PPIRS), and commercial sources, to assess performance. “Recent” past performance is defined as projects completed within the last five years, from the date of issuance of solicitation.

C. Relevance ratings and Performance Confidence Assessment ratings will be assigned, as defined in the above tables.

NOTE: The contractor shall send out the attached past performance questionnaires (Solicitation Attachment C) 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.

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

PART III – PRICE PROPOSAL

Finally, offers that are deemed acceptable and assigned a Performance Confidence Assessment rating will be evaluated for fairness and reasonableness of price. The Offeror’s price proposal will be submitted in a separate volume. No price information is to be included in the technical sections of the proposal. Price will not receive a technical rating.

A. The Government will evaluate offers for award purposes by reviewing the total price offered for Proposal Item 1 (Base Proposal Item). The Government will use the committed funds amount as the control amount for price evaluation. The control amount will not be made publicly available during evaluation and selection, due to the use of FAR Part 15 procedures, as it represents both the committed funds amount and the Government Estimate. The Government Estimate is source selection sensitive information and its release during evaluation and selection would negatively affect later negotiations, if held (see FAR 36.203(c)).

B. If evaluation results and comparison with the control amount (available funds) shows that a best value award decision cannot be issued from Proposal Item 1 (Base Proposal Item) offers, pricing for Proposal Item 2 (Deduct Alternate No. 1) will be evaluated.

If a best value award decision cannot be issued from Proposal Item 2 (Deduct Alternate No. 1) offers, pricing for Proposal Item 3 (Deduct Alternate No. 2) will be evaluated.

If a best value award decision cannot be issued from Proposal Item 3 (Deduct Alternate No. 2) offers, pricing for Proposal Item 4 (Deduct Alternate No. 3) will be evaluated.

If a best value award decision cannot be issued from Proposal Item 4 (Deduct Alternate No. 3) offers, pricing for Proposal Item 5 (Deduct Alternate No. 4) will be evaluated.

C. The Government intends to evaluate proposals and award a contract without discussions with offerors (Ref: FAR 52.215-1 and 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 past performance. 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.

D. Offers that are not acceptable cannot be selected, regardless of price.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 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)

2.2 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)

2.3 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 Asheville, NC Buncombe County, NC

(End of Provision)

2.4 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 $2.1M, 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)

2.5 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:

Angel Rhone, Contracting Officer

Hand-Carried Address:

Department of Veterans Affairs Contracting Office Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 Mailing Address:

Department of Veterans Affairs Contracting Office Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

(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)

2.6 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for— As specified on front page of SF 1442

(c) Participants will meet at— As specified on front page of SF 1442 (End of Provision)

2.7 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)

2.8 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)

2.9 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)

2.10 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

(a) As an alternative to filing a protest with the Contracting Officer, an interested party may file a protest by mail or electronically with: Executive Director, Office of Acquisition and Logistics, Risk Management and Compliance Service (003A2C), Department of Veterans Affairs, 810…