36C24620R0073-001.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.

36C24620R0073 X 04-30-2020 590-18-114 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. 590-18-114, Road Paving at the Hampton VAMC, Hampton, VA.

See Scope of Work, Drawings, and Specifications.

Magnitude of Construction: Between $500,000 to $1,000,000.

This is a 100% SDVOSB Set-Aside NAICS: 237310 / Size Standard: $39.5 Million Contractors must be registered in the Vendor Information Page (https://www.vip.vetbiz.gov) to be eligible

A Site Visit will be conducted on: May 7, 2020 at 1:00 PM EST Participants will meet in front of building 27 and proceed on foot. Face masks must be worn.

Address: 100 Emancipation Dr, Hampton, VA 23667.

Contact the contracting specialist via email at Jamie.Sullivan4@va.gov with your intent to attend the site visit by May 6, 2020 at 1:00 PM EST.

Requests for Information are due to the Contracting Officer no later than Thursday, May 13, 2020 at 08:00 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 20, 2020

Proposals are due no later than May 30, 2020 at 5:00 PM EST

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

x x 52.211-10 X 05-30-2020 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

The contractor shall provide all labor, materials, tools, equipment, and supervision necessary to perform all operations necessary to complete the project in accordance with the Scope of Work.

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

JAMIE SULLIVAN

CONTRACTING OFFICER

Table of Contents

36C24620R0073

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

Page 1 of

Page 1 of

1.1 SCOPE OF WORK

Roads Paving Project 590-18-114

(a) General: The Contractor shall provide all labor, tools, and materials to pave, stripe, and install barriers at the roads identified by the drawings and specifications at Hampton, VA Veterans Affair Center. The drawings and specifications were prepared as part of a bigger scope, so any sections highlighted in red or blackout are not included in this scope of work.

(b) Place of Performance: Tasks will be performed at the VA Medical Center, Hampton, VA, 23667. Work will be around an occupied healthcare facility in operation 24 hours a day. All paving and parking lot work shall be performed after hours or weekends. Contractor shall submit a phasing plan to minimize disruptions to the facility.

(c) Specific requirements (see drawings for area of work):

a. General – see section 01 00 00

b. Paving – see division 32

c. Barriers – see division 34

d. Electrical – see division 26

e. Concrete – see division 30 and 32

f. See other attached spec sections for more details

(d) Period of Performance: Contractor shall commence work under this contract promptly after Notice to Proceed (NTP), execute the work diligently, and achieve final completion and acceptance including final cleanup of the premises within one-hundred and eighty (180) calendar days including submittals. See bid item lists for deducts period of performance.

(e) Specific site requirements: Contractor and all subcontractors shall obtain a flash badge from the Police Service, provide proof of OSHA 10 training completion, provide TB test results and shall abstain from smoking within the perimeters of the facility.

(f) Construction Safety Requirements: See attached Hampton Construction Safety Handbook and section 01 35 26

(g) Submittals: see section 01 33 23 and all applicable trade sections

(h) Quality Control: see sections 01 45 00, and 01 45 29

(i) Schedule: see section 01 32 16.15

(j) Environmental and waste management: see sections 01 57 19, and 01 74 19/A

1.2 PRICE/COST SCHEDULE

A. ITEM I, GENERAL CONSTRUCTION: Item I, general construction: Work includes general construction, alterations, roads, walks, grading, drainage, necessary removal of existing structures and construction and certain other items. (Completion time 180 calendar days)

· ITEM I (BASE) TOTAL: $_______________

B. ITEM II, DEDUCT ALTERNATE NO. I (Completion time 120 calendar days): Perform all work described in Item I above except: all work associated with the future guard shack identified in drawing GS104, E002, ED101, and E101.

· ITEM II (DEDUCT ALTERNATE NO. I) TOTAL: $_______________

1.3 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. Although the site visit is not mandatory, offerors are urged and expected to inspect the site and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance. In no event, shall failure to inspect the site during the site visit constitute grounds for a claim after contract award for conditions that are reasonably obtainable during the site visit. A Site Visit is scheduled for Thursday, May 07, 2020 1:00 PM EST. Offerors shall meet in front of Bldg. 27 on the Hampton VAMC campus. All attendees must wear a face mask. Offerors shall submit their intent to attend the site visit electronically via email to Jamie Sullivan at jamie.sullivan4@va.gov by 5/6/2020 at 1:00 PM EST.

4. 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 volumes:

· VOLUME I – TECHNICAL PROPOSAL

· VOLUME II – PAST PERFORMANCE PROPOSAL

· VOLUME III – PRICE PROPOSAL

(b) SPECIFIC INSTRUCTIONS

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

The technical proposal shall be limited to no more than twenty (20) 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, General Contractor’s License number and State of Licensure, principle points of contact with addresses, phone numbers and email addresses.

TAB B: TECHNICAL FACTOR

a. General Qualifications

b. Corporate Experience

c. Key Personnel Qualifications

d. Contractor Responsibility Items

e. Subcontractor List and Qualifications

f. Project Management Plan

2. VOLUME II – PAST PERFORMANCE - 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, General Contractor’s License number and State of Licensure, principle points of contact with addresses, phone numbers and email addresses.

3. VOLUME 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, General Contractor’s License number and State of Licensure, 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. Signed offers shall include the complete SF1442 document without attachments.

b. Complete the PROPOSAL ITEM LIST. Provide an estimate showing major trades and equipment items. A Construction Takeoff estimate may be requested, if necessary.

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 (electronic pdf. file) and Surety point of contact information.

e. Acknowledgement of Amendments

f. Provide a printout of your company’s VetBiz (www.vetbiz.gov) registration, showing your firm as a CVE-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.

Format for proposal Volumes I & II shall be as follows:

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

· Typing shall not be less than font size 11.

2. Offers shall be submitted via email to the Contracting Officer, Jamie Sullivan, at jamie.sullivan@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 all 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

· November Christmas Day – 25 December

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

AWARD BASIS AND EVALUATION METHOD:

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

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

2.1. VOLUME I – TECHNICAL FACTOR

2.2. VOLUME II – PAST PERFORMANCE FACTOR

2.3. VOLUME III – PRICE FACTOR

3. BASIS FOR CONTRACT AWARD: This is a competitive selection and Past Performance is significantly more important than Technical and Price. Award may be made to other than the lowest priced offer(s) where higher priced offers received higher Past Performance ratings than the lower priced offer(s). The Source Selection Authority shall make an integrated assessment best value award decision, where the perceived benefits of the selected higher priced proposal, and the rationale for tradeoff, shall be documented in the contract file in accordance with FAR 15.406.

4. Regarding the below process, the terms strength, weakness and deficiency are defined as follows:

4.1. The term strength means an aspect of an offeror's proposal that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance.

4.2. The term weakness means a flaw in the proposal that increases the risk of unsuccessful contract performance. See FAR 15.001.

4.3. The term deficiency means a material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level. See FAR 15.001.

5. 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 solicitation requirement may result in an offer being determined nonresponsive (see below). The evaluation process shall proceed as follows:

6. RESPONSIVENESS OF OFFERS

6.1. Offers will first be evaluated for responsiveness to the solicitation requirements without regard to evaluation of specific technical capability, past performance or price factors. Clarifications may be conducted 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 without adverse effect to other offerors or the timeliness of award. Responsive offers will be provided to the Technical Evaluation Board (TEB) for the next evaluation stage.

7. VOLUME I – TECHNICAL CAPABILITY

7.1. The technical factor of offers will be evaluated based on the following “Combined Technical/Risk Ratings”. All areas of the Technical Proposal must receive at least an “acceptable” rating for a proposal to be considered any further. An overall technical proposal rating will be assigned using the below ratings. The technical proposal must receive an Acceptable rating to be considered any further. Offers receiving an unacceptable rating will not be considered any further.

Table – Combined Technical/Risk Ratings

7.2. General Qualifications.

7.2.1. CRITERIA and SUBMISSION REQUIREMENTS: The prime contractor shall be (1.) a licensed General Contractor operating from within the United States, or otherwise demonstrate meeting licensure requirements according to U.S. State regulation where the firm is headquartered (“principle place of business”), relevant to the work being performed, and (2.) performs work under the applicable NAICS code, as verified in the System for Award Management. Offeror shall provide U.S. State of Licensure and license number in a brief narrative, or otherwise explain State regulation regarding the discipline of work and lack of licensing requirements.

7.3. Corporate Experience

7.3.1. CRITERIA: Offeror must provide a minimum of three (3) and a maximum of five (5) examples of projects completed within the last three (3) years that are similar (“relevant”) in size and scope to the requirement being solicited. Experience of subcontractors cannot be used to meet this requirement. A project is considered similar in size and scope (“relevant”) if it meets the following minimum standard: Projects involving (1.) primarily the same construction trades required for the solicited work and (2.) total contract value exceeding $500,000.

7.3.2. SUBMISSION REQUIREMENTS: The Offeror shall provide the above required examples of completed work in the following format:

7.3.2.1. Project title and location.

7.3.2.2. Project owner entity name, and name, telephone number and email address of the project owner’s point of contact (POC) for the project.

7.3.2.3. Brief description of the project and its relevance to this requirement being solicited (include scope, size and cost).

7.3.2.4. Indicate your firm’s role on the project, including tasks related to the criteria items identified above.

7.3.2.5. Provide project statistics, including actual start date, actual completion date, original completion date, and contract dollar value.

7.4. Key Personnel Qualifications

7.4.1. CRITERIA and SUBMISSION REQUIREMENTS: Offeror must provide resumes for key on-site personnel demonstrating at least two (2) years’ experience with contracts over $500,000 in value, with work involving many the same as being solicited. Key personnel must also meet any requirements outlined in the Specifications. The key personnel required for this contract include the Offeror’s (1.) Project Manager, (2.) Site Superintendent, (3.) Quality Control Manager and (4.) Site Safety and Health Officer (SSHO). Key personnel shall be employees of the prime contractor. The Site Superintendent and Site Safety and Health Officer (SSHO) may be the same person if qualified.

7.5. Contractor Responsibility Items

7.5.1. CRITERIA and SUBMISSION REQUIREMENTS: In accordance with VHA Directive 7715, Safety and Health During Construction, the offeror shall have 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, and a current Experience Modification Rate (EMR) equal to or less than 1.0. Offeror shall provide (1.) completed OSHA Form 300A for the three (3) year period, (2.) a memorandum statement regarding OSHA and EPA violations, and a (3.) letter from their worker’s compensation insurer disclosing their Experience Modification Rate (EMR) rating. Documentation submitted with the offer must be complete and must demonstrate compliance to be considered acceptable.

7.6. Subcontractor List and Qualifications

7.6.1. CRITERIA and SUBMISSION REQUIREMENTS: Provide a list of subcontractors intended for use on the project, including the firm(s) (1.) entity name and address (2.) point of contact information (name, email and phone number), (3.) role as a joint-venture partner or subcontractor, (4.) planned role in the project, (5.) experience in the trades(s) to be performed (including the number of years’ corporate experience in the trade), (6.) the type/nature of the agreement (i.e. contract) that the prime contractor has with the subcontractor, and (7.) ability of the subcontractor to provide adequate resources to successfully complete the project. Information provided will be evaluated to ensure qualifications meet any minimum qualification requirements outlined in the Specifications, as well as to gauge the overall suitability of the subcontractor to the work being performed, and the business arrangement between the subcontractor and prime offeror. The offeror shall review the Specifications to determine all qualifications requirements. **Acceptance of the proposal for contract award requires that any subsequent subcontractor changes be approved by the Contracting Officer.

7.7. Project Management Plan

7.7.1. CRITERIA and SUBMISSION REQUIREMENTS: Please provide a brief project management plan, outlining the processes, methods and a brief, tentative schedule by which work would be completed. Limited to three pages (8.5” x 11”), single spaced line spacing, with 1” page margins. The project management plan will be evaluated for sufficient initiating, planning, executing, monitoring/controlling, and closing processes to satisfy the project specifications, including the offeror’s processes for controlling the quality and timely execution of subcontractor work. Discussions may be held to address any questions regarding how the work will be performed and/or negotiate the plan.

8. VOLUME II – PAST PERFORMANCE

8.1. Next, the Government will evaluate the offeror’s demonstrated past performance of recent and relevant projects, to determine the offeror’s ability to perform the contract successfully and help determine responsibility. 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 three years. Past Performance examples will be assigned a relevancy rating based on the below rating definitions, in comparison with the scope of work detailed in the Specifications and Drawings.

8.2. Past Performance Relevancy Rating Method

Table – Past Performance Relevancy Ratings

8.3. Performance Confidence Assessment Rating Method

Table – Past Performance Confidence Assessment Ratings

8.4. CRITERIA and SUBMISSION REQUIREMENTS: The information submitted in response to Technical Factor “Corporate Experience” will be used, to assign a Performance Confidence Assessment Rating. Project owners may be contacted to verify information provided, where necessary, and to obtain documentation regarding successful or unsuccessful performance, and to obtain information regarding the following performance areas. Where past performance assessments are available in the Government’s Contractor Performance Assessment Reporting System (CPARS), that information will take precedent as documentation of successful or unsuccessful performance. The offeror’s past performance records, generally, will also be reviewed in the Federal Awardee Performance and Integrity Information System (FAPIIS) and Contractor Performance Assessment Reporting System (CPARS) for the purpose of identifying any existing derogatory records impacting the evaluation team’s confidence in the offeror to perform the work.

8.5. The following is a list of evaluation areas/concerns that may be addressed when communicating with past performance points of contact, where CPARS assessments are unavailable.

Table – Past Performance Evaluation Metrics/Areas of Concern

I. Quality

II. Timely Performance

III. Management Effectiveness

IV. Compliance with Safety Standards

V. Overall Performance

9. VOLUME III – PRICE PROPOSAL

9.1. Finally, offers that are deemed acceptable for the technical factor, and assigned a Performance Confidence Assessment rating of at least Satisfactory Confidence, will be evaluated for fairness and reasonableness of price. The Offeror’s price proposal shall 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; however, the price proposal shall include a detailed estimate of the work to be performed. The detailed estimate may be discussed during exchanges with offerors to confirm that no major work elements have been omitted. The detailed estimate may also be used to conduct price negotiation during exchanges.

9.2. The Government will evaluate offers for award purposes by reviewing the total price(s) offered, and the offeror’s detailed estimate for the 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)).

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

9.4. Each Offeror’s price proposal will be evaluated for fairness and reasonableness, using any of the methods identified at FAR 15.404-1(b)(2). Other than certified cost or pricing data may be requested if price fairness and reasonableness cannot be otherwise determined.

9.5. An Offeror’s proposal may be rejected if it is determined during exchanges that a significant element of work was omitted from the offeror’s price, where correction of the mistake would result in an increase of the offeror’s proposed price(s).

9.6. The Government intends to award a contract without exchanges with respective Offerors. Therefore, the Offeror’s initial offer should contain that Offeror’s best terms from a price and technical standpoint. The Government, however, reserves the right to conduct exchanges if deemed in its best interest. Prior to exchanges, a competitive range will be established and the Offerors within the competitive range will be part of the exchanges. 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. Conduct of ‘clarifications’ does not require establishment of a competitive range (see FAR 15.306(a)).

Contractor Responsibility Prior to award, the contractor will need to be found responsible with regard to the following items, in addition to evaluation of the offeror’s proposal. The Contracting Officer will request any additional information, where necessary, to make a determination, which may require entering into discussions.

1. Has adequate financial resources to perform the contract, or the ability to obtain them (see FAR 9.104-3(a)).

2. Is able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments.

3. Has a satisfactory performance record (see FAR 9.104-3(b), FAR 9.104-6 and FAR subpart 42.15). Where performance ratings less than satisfactory have been identified, the circumstances of those ratings may be requested during discussions, or the offeror may be eliminated from the competition.

4. Has a satisfactory record of integrity and business ethics (see FAR 9.104-6 and FAR subpart 42.15).

5. Has the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors) to perform this contract (see FAR 9.104-3(a)).

6. Has the necessary production, construction, and technical equipment and facilities, or the ability to obtain them, to perform this contract (see FAR 9.104-3(a)).

7. Is otherwise qualified and eligible to receive an award under applicable laws and regulations (see below and FAR 9.104-6).

a. In accordance with (IAW) FAR 4.1102(a) and FAR 9.405(a), the vendor is registered in SAM and they do not have any active exclusions. (www.sam.gov)

b. IAW FAR 4.1201 the vendor has completed an electronic annual representations and certifications in SAM (formerly ORCA) (www.sam.gov)

c. The prime contractor has a Duns & Bradstreet Supplier Evaluation Risk Rating of 6 or less. Agency policy requires additional due diligence to award to an offeror with a rating higher than 6.

d. The prime contractor has no more than three serious, or one repeat, or one willful Occupational Safety and Health Administration (OSHA) or Environmental Protection Agency (EPA) violation(s) in the past 3 years and has an Experience Modification Rate (EMR) of equal to or less than 1.0.

TECHNICAL QUESTIONS

Offerors should submit all technical questions regarding this solicitation to the Contracting Officer, Jamie Sullivan, in writing, via email to Jamie.Sullivan4@va.gov on or before May 13, 2020 at 08:00 AM EST.

Address Subject Line: 36C24620R0073: 590-18-114 Roads Paving Telephonic (verbal) questions Will Not be addressed. Facsimile are not authorized under this announcement.

All responses to questions, which may affect offers, will be incorporated into a written amendment to the Request for Proposal on or about May 20, 2020.

DUE DATES

All offers shall be submitted in writing, via email to jamie.sullivan4@va.gov on or before May 30, 2020 at 5:00 PM EST. Offerors are responsible for ensuring that their offers have been received. Note: Offers received after the due and time shall not be considered.

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 Hampton, Virginia

(End of Provision)

2.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)

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

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

(c) Evaluation of offers.

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

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.5 52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

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

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, 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)

2.6 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:

Jamie R. Sullivan

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…