36C24818R0002-001.docx

36C24818R0002

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.

36C24818R0002 X 02-09-2018 548-18-3-5884-0001 548-18-602 36C548 Department of Veterans Affairs West Palm Beach VA Medical Center 7305 North Military Trail Palm Beach Gardens

FL

33410-6400 Department of Veterans Affairs West Palm Beach VA Medical Center 7305 North Military Trail Palm Beach Gardens

FL

33410-6400 Jose Delgado Jose.Delgado3@va.gov THIS IS A SERVICE-DISABLED, VETERAN-OWNED, SMALL BUSINESS SET-ASIDE. PROPSPECTIVE CONTRACTORS ARE CAUTIONED THAT ANY BID OR PROPOSAL SUBMITTED IN RESPONSE TO THIS SOLICITATION MUST MEET THE CRITERIA IDENTIFIED BY 38 CFR, PART 74.

ANY PERSON, PERSONS, OR BUSINESS ENTITY SUSPECTED OF MISREPRESENTING ITSELF FOR THE PURPOSE OS SECURING A GOVERNMENT CONTRACT MAY BE CRIMINALLY INVESTIGATED AND PROSECUTED FOR FRAUD AGAINST THE UNITED STATES OF AMERICA. PARTIES FOUND MISREPRESENTING THEIR STATUS ALSO RISK DEBARMENT FROM FURTHER GOVERNMENT CONTRACTS.

The contractor shall provide all design/build servcies, including design services, labor, equipment, materials, supervision, and all other resources necessary to replace finishes in CLC north at the West Palm Beach VA Medical Center in accordance with this solicitation, statement of work and included specifications.

This is a two phase design build solicitation that will use the trade-off source selection process, providing the best value to the government.

At the time of proposal submission, contractors must have current registration/certification in System for Award Management (SAM) at www.sam.gov and VetBiz at www.vetbiz.gov. Proposals of contractors not registered/certified in both databases will not be considered for award.

Magnitude of this project is between $5,000,000 and $10,000,000. NAICS: 236220

X X 52.211-10 X email

4:00 PM EST

03-26-2018 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

36C548 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) West Palm Beach VA Medical Center 7305 North Military Trail Palm Beach Gardens

FL

33410-6400 Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin

TX

78714-9971

Table of Contents

A.1 STATEMENT OF WORK

Replace Finishes CLC North Clinical and Admin Areas 548-18-602 At the West Palm Beach VA Medical Center (VAMC), Florida

1.0 Overview

Building-3 CLC North has original finishes which are very worn and have visible traffic patterns throughout. This project will provide a more pleasing environment for our Veterans and their Family and Friends.

2.0 Design/Build

The contractor will provide design and build services to renovate Building #3 the CLC. There are 35,000 sf (field verify) of finishes that include new doors, wall finishes, floors, ceilings, lighting, diffusers/grills and wall protection. Included in the project are two nursing stations. These areas’s need to be studied, designed and constructed to improve patient flow and safety at this intersection.

The work generally includes but is not limited to:

· The contractor shall be responsible for taking and applying accurate field measurements including all mechanical and electrical services for the area. Notification to the Contracting Officer’s Representative (COR) if service is undersized to meet the project needs.

· Patient restrooms to receive new floor tile, solid surface wainscot, glass mosaic tile accent band, and new plumbing fixtures.

· Patient bedrooms to receive new LVT flooring, hand and bump rails, wall protection.

· Project also includes new LED lighting, ceiling tiles and grid throughout.

· Admin areas to receive the above and casework.

· The contractor shall submit a detailed phasing plan for approval by the COR to include infection control risk assessment (ICRA) (see attached), transition time of up to fifteen (15) days between phases.

· At the end of each daily shift, spaces must be patient ready.

· Area shall be broom swept/mopped hourly or as needed to maintain a clean hospital environment.

· Contractor shall remove, protect, store in a Medical Center provided area and reinstall all signage, artwork and other similar wall mounted items.

· Trim plates within the area of work at electrical and fire devices shall be removed and replaced.

· All materials must be on site before demolition of existing materials commencements. An appropriately sized lay-down area with reasonable proximity to the Medical Center will be provided for use.

· Contractor employees shall be required to maintain a professional appearance including a shirt bearing the company logo. All contractor employees will be required to acquire and wear approved Medical Center Contractor badge. Per Medical Center policy, badge must be visible and located above the waist.

2.1 Designs: The project design will have four phases.

· Programing: The contractor will meet with the VA staff to determine the size and function of each department that are to be developed. Provide an approved program that the meets the space and VA needs. Include phasing criteria.

· Schematic: Provide multiple schemes that meet approved program. Include cost and phasing plan and any mechanical/electrical systems. The approved scheme must be approved by the design IPT prior to moving into the next phase of the project. The final Scheme must include a 50% drawing and specification set for review. Include a 21 day VA drawing review.

· Design Development: With an approved schematic plan, meetings are to be scheduled with end user to finalize room layout. The final DD drawings must be approved by the design team, with a 95% drawing and specification review process. Include a 21 day VA drawing/Specification review.

· Construction Documentation: Finalize drawings and specifications to be used for construction.

2.2 Deliverables:

The designs must be done in AutoCAD REVIT, review set and final set must be in AutoCAD 12 compatible. The finale set of drawings will include one set of full scale drawings, a half size, and electronic version of the AutoCAD and REVIT model. Each phase of the project must include a full and a half set of drawings.

The work generally includes but is not limited to:

· The contractor shall be responsible for taking and applying accurate field measurements including all mechanical and electrical services for the area. Notification to the Contracting Officer’s Representative (COR) if services are undersized to meet the project needs.

· 3 Project renderings to be determined by the IPT during the design phase.

· The contractor shall submit a detailed phasing plan for approval by the COR to include infection control risk assessment (ICRA) (see attached), transition time of up to fifteen (15) days between phases.

· At the end of each daily shift, spaces must be patient ready.

· Area shall be broom swept/mopped hourly or as needed to maintain a clean hospital environment.

· Contractor shall remove, protect, store in a Medical Center provided area and reinstall all signage, artwork and other similar wall mounted items.

· Trim plates within the area of work at electrical and fire devices shall be removed and replaced.

· All materials must be on site before demolition of existing materials commencements. An appropriately sized lay-down area with reasonable proximity to the Medical Center will be provided for use.

· Contractor employees shall be required to maintain a professional appearance including a shirt bearing the company logo. All contractor employees will be required to acquire and wear approved Medical Center Contractor badge. Per Medical Center policy, badge must be visible and located above the waist.

· Contractor to update WPB Life Safety Drawings and Fire Alarm Drawings if changes are made to either system.

3.0 Safety:

The Contractor will be required to verify that safety equipment of OSHA approved and that the employees have been trained on the proper use of this equipment.

The Contractor will be required to follow all safety policies as set forth by OSHA in reference to this type of work. The Contractor will be required to provide the above information as well as a safety plan in performing this work. Failure to provide this information will not be reason for additional time or delay claim for the Contract.

Superintendent and all sub-contractor supervisors must submit current OSHA 30-hour training certificates. All others must submit current OSHA 10-hour training certificates.

Temporary construction partitions must meet the guidelines set forth in the ICRA specific to the Contract.

4.0 Phasing Plan

The contractor shall be required to provide the Contracting Officer a phasing plan to perform this contract. The Contractor shall be required to update this plan on a regular basis and submit to the Contracting Officer.

5.0 Project Performance Time:

The total contractor performance period shall be 365 calendar days which includes the time required for all submittals, procurement of materials, construction activities, and inspections. All submittals will be returned to the Contractor within two (2) weeks of submission. Disapproved submittals are not reason for additional time or delay claim for the Contract.

After work begins on the site, the Contractor shall work continuously during approved work hours. A superintendent dedicated to this contractor shall be present on-site until the completion of the work.

The Contractor shall perform the work at the site from Monday through Friday from 4:00 AM to 12:00 AM, unless modified. The contractor shall not have access to the site for performance of any portion of the work beyond these hours, during Federal Holidays nor weekends without prior approval by COR.

5.1 Coordination

Shutdown of utilities must be coordinated with the COR with a minimum of two (2) weeks’ notice.

6.0 Receipt of Materials:

Address all shipment of materials and supplies to the Contractor – not the Government. The Contractor must be on hand to accept shipments; the Government will not accept deliveries on the behalf of the Contractor.

7.0 Specific Environmental Requirements:

The Contractor is responsible for ensuring that materials and supplies are in accordance with VA policy for no or low Volatile Organic Compounds (VOC).

8.0 Warranties:

The Contractor will provide a one-year warranty covering all material and labor upon approved final inspection.

9.0 Protection of Existing Property

The Contractor shall be responsible for restoring the area to its original condition at the completion of the work. The Contractor shall be responsible for repair of any damage incurred to buildings or property as a result of construction activities.

10.0 Clean-up and Disposal:

The Contractor shall be responsible for the removal and disposal of all trash/debris connected with construction activities on a daily basis. The Medical Center will provide access to necessary dumpsters. Recyclable products shall be disposed of in accordance with applicable statutes, in respective containers.

A.2 PRICE OFFER SCHEDULE

Price Offer Schedule – To be submitted with PHASE 2 Proposal ONLY

ITEM 1 –Design Build Services to complete Project #548-18-602, Replace Finishes CLC North Clinical and Admin Areas at the West Palm Beach VA Medical Center in West Palm Beach, FL.

Work includes but not limited to design services, general construction, demolition, and renovation to replace finishes CLC north clinical and admin areas. This project proposes to provide design-build services to renovate approximately 35K GSF patient areas of the Community Living Center North.

Period of Performance is 365 days.

JB

(ATTACH YOUR ITEMIZED COST BREAKDOWN)

All proposals shall include a detailed cost breakdown (materials, labor, and equipment) by trade and include overhead, profit, and bond costs and breakdown of G&A for project completion.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 PROPOSAL PREPARATION AND EVALUATION FACTORS

Two-Phase Design-Build Selection and Evaluation Procedures This part describes the procedures for evaluating and selecting offers for this two-phase design-build requirement for Project #548-18-602 entitled “DB Replace Finishes CLC North Clinical and Admin Areas.”

Phase I Proposal Preparation and Submission Instructions:

1) Cover Page with Solicitation Number, Project Title,

2) Table of Contents

3) Signed offer/Acknowledgement of Amendments (SF1442)

4) Certifications

5) Company Particulars to include DUNS Number, Cage Code, Tax ID number, Principle points of contact, address, phone numbers, etc.

1. Phase I Evaluation Factors and Proposal Requirements: (Phase I Proposal shall include) A. Factor 1: TECHNICAL APPROACH - 3 pages max.

(1) Include narrative describing technical methods and procedures (not to include a detailed design or technical information) the firm will employ to develop the project to achieve the Statement of Work and design criteria objectives. Statements that the offeror understands, can or will comply with all specifications, or statements paraphrasing the specifications or parts thereof, or phrases such as “standard procedures will be used”, or “well-known techniques will be used” will be considered unacceptable.

B. Factor 2: TECHNICAL QUALIFICATIONS - 5 pages Max

(1) Briefly describe specialized experience, technical competence and design expertise in Architectural Systems & New Construction involving health care facilities.

(2) Briefly describe ability to obtain the necessary resources to perform this project.

(3) Submit copy of current, valid General Contractor License issued by any United States federal, state, or local government agency for Construction Contractor, who will be of record.

(4) Submit copy of current, valid Architect’s or Engineer’s License as applicable, issued by the state of Florida for Architectural/Engineering Contractor, who will be of record.

(5) Disclose any and all negative licensing information and any pending litigation involving either the Architectural Contractor/firm or Construction Contractor/firm.

(6) Identity of Associations and Firm relationships: If there is a joint venture association of firms, identify the individual firms, describe the nature of the association and clearly identify contractual responsibilities of each firm. If your Firm is a construction contractor and a decision has been made to award a subcontract to an Architect-Engineer or multiple design firms for the design, the narrative shall clearly identify all firms and contractual responsibilities established between all firms. If your Firm is an Architect-Engineer Firm and a decision has been made to award a subcontract to a construction contractor the narrative shall clearly identify all firms and contractual responsibilities established between all firms.

C. Factor 3: EXPERIENCE (Offerors to use Attached Experience Form)

a) Contractor/Key Subs and/or Designer: Include examples, within the last three (3) years (five (5) years for design firms), of design/build projects, in which the designer and/or contractor or key trade subcontractors have been involved, if any.

b) Joint Ventures: If Offeror represents the combining of two (2) or more companies for the purpose of this RFP, then each company must provide an experience form identifying project examples, related to its role for this project.

OR

1. Phase I Evaluation and Selection Criteria – Order of Importance:

A. The factors for Phase I consist of Factors one (1) thru three (3), described above and will be rated using an adjectival rating system. The Technical Factors when combined are approximately equal to Price.

B. After evaluating Phase I proposals the VA may select up to a maximum of five (5) of the most highly qualified offerors from Phase I evaluation criteria to submit a Phase II proposal. The top ranked offerors will be notified in writing if eligible for Phase II proposal submissions.

1. Phase II Proposal Preparation and Submission: Note: Offerors are not to submit Phase II proposals unless specifically instructed by the contracting officer.

A. TECHNICAL PROPOSAL: The following format shall be used:

TAB A. General Information

1) Cover Page with Solicitation Number, Project Title,

2) Table of Contents

3) Company Particulars to include DUNS Number, Cage Code, Task ID number, principle points of contact, address, phone numbers, and copies of professional licenses.

TAB B: Technical Approach TAB C: Project Management TAB D: Past Performance (Use Attached Experience Form) TAB E: Experience Modification Rate (EMR) (Use Attached EMR Form)

B. PRICE PROPOSAL

TAB A: General Information, Cover

1) Page with Solicitation Number, Project Title

2) Table of Contents

3) Signed and dated offer by the majority SDVOSB owner (51% or greater) (SF 1442)

4) Bid/Offer Guarantee Bond

5) Acknowledgement of Amendments

6) Center for Veterans Enterprise (CVE) Certifications TAB B: Price Breakdown. The following cost elements shall be addressed:

1) Labor (Direct & Indirect),

2) Materials, Material Markups, Materials overhead,

3) Equipment

4) Subcontractor Cost

5) Other Direct Costs

6) Overhead expenses

7) Indirect Cost

8) General & Administrative (G&A) expenses,

9) Profit

1. Phase II Evaluation Factors and proposal requirements: (Best Value Tradeoff) Phase II Proposal shall include the following:

A. Factor 1: Technical Approach

(1) Sub Factor 1: Ability to follow Solicitation instructions and Proposal Organization, Appearance & completeness.

(2) Sub Factor 2: Technical Narrative (10 Page Max).

(3) Sub Factor 3: Schedule

(4) Sub Factor 4: Proposed Technical Solutions (3 Pages Max)

a. Describe any technical difficulties that may be encountered in a project of this type. Provide a narrative of preventative measures or solutions to overcome these issues.

B. Factor 2: Project Management

(1) Sub-Factor 1: Ability to follow Solicitation instructions and Proposal Organization, appearance & completeness.

(2) Sub Factor 2: Management Approach and Key Personnel (10 Page Max)

(3) Sub-Factor 3: Quality Control Plan- ( 5 page max) C. Factor 3 : Past Performance (Use Attached Experience Form)

SUBMISSION REQUIREMENTS

D. Factor 4 : Price Proposal The Government will evaluate price based on the total price. Total price consists of the basic requirement may include alternate bid items such as, deductive, or options.

1) The price proposal shall show direct and indirect project cost price break down.

The cost breakdown shall reflect the Base and Alternate bid items detailed separately using at a minimum the following cost elements:

a) Labor (Direct & Indirect),

b) Materials, Material Markups, Materials overhead,

c) Equipment

d) Subcontractor Cost

e) Travel

f) Other Direct Costs

g) Overhead expenses

h) Indirect Cost

i) General & Administrative (G&A) expenses

j) Profit ***Estimate to include a detailed line item breakdown of all G&A expenses inclusive of all Project Staff and General Requirements OF THE PRIME CONTRACTOR and shall be indicative of the 15% of contract performance that will be incurred for SDVOSB personnel in accordance with FAR 52.219-27 – Limitations on Subcontracting.***

1. Basis of Award A. The Technical Factors consist of Technical Approach, Project Management and Past Performance. The Technical Factors when combined are approximately equal to Price.

1. Safety or Environmental Violations and Experience Modification Rate (EMR) (Use Attached EMR Form)

2.2 52.215-5 FACSIMILE PROPOSALS (OCT 1997)

(a) Definition. "Facsimile proposal," as used in this provision, means a proposal, revision or modification of a proposal, or withdrawal of a proposal that is transmitted to and received by the Government via facsimile machine.

(b) Offerors may submit facsimile proposals as responses to this solicitation. Facsimile proposals are subject to the same rules as paper proposals.

(c) The telephone number of receiving facsimile equipment is: .

(d) If any portion of a facsimile proposal received by the Contracting Officer is unreadable to the degree that conformance to the essential requirements of the solicitation cannot be ascertained from the document—

(1) The Contracting Officer immediately shall notify the offeror and permit the offeror to resubmit the proposal;

(2) The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the offeror; and

(3) The resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timeliness, provided the offeror complies with the time and format requirements for resubmission prescribed by the Contracting Officer.

(e) The Government reserves the right to make award solely on the facsimile proposal. However, if requested to do so by the Contracting Officer, the apparently successful offeror promptly shall submit the complete original signed proposal.

(End of Provision)

2.3 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)

2.4 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

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

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

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

(End of Provision)

2.5 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the—

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Palm Beach County

(End of Provision)

2.6 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)

2.7 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)

2.8 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:

Jose Delgado

Hand-Carried Address:

Department of Veterans Affairs West Palm Beach VA Medical Center

7305 North Military Trail Palm Beach Gardens FL 33410-6400 Mailing Address:

Department of Veterans Affairs West Palm Beach VA Medical Center

7305 North Military Trail Palm Beach Gardens FL 33410-6400

(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)

2.9 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— To be determined in Phase 2

(c) Participants will meet at— West Palm Beach VA Medical Center (End of Provision)

2.10 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)

2.11 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)

2.12 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008)

(a) 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.

(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)

2.13 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:

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

2.14 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)

2.15 PARTNERING

(a) In order to most effectively accomplish this contract, the Government proposes to form a cohesive partnership with the Contractor and its subcontractors. This partnership would strive to draw on the strengths of each organization in an effort to achieve a quality project, done right the first time, within the budget and on schedule.

(b) This partnership will be totally voluntary. The focus of partnering is to build cooperative relationships with the private sector and avoid or minimize disputes and to nurture a more collaborative ethic characterized by trust, cooperation and teamwork. Partnering is defined as the creation of a relationship between the owner and contractor that promotes mutual and beneficial goals. It is a non-contractual, but formally structured agreement between the parties. The ultimate goal is the elimination of the "us" versus "them" thinking, and formation of a "we" mentality for the benefit of the project.

(c) Any cost associated with effectuating this partnership will be agreed to by both parties and will be shared equally with no change in contract price.

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (NOV 2017)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $36.5 Million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are…