36C24818R0300-001.docx

36C24818R0300

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.

36C24818R0300 X 04-19-2018 548-17-4-5908-0001 548-17-606 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

Project Title: Replace Pneumatic Tube System

Project Location: West Palm Beach Veteran Affairs Medical Center (WPBVAMC)

Contracting Officer: Jose Delgado

Magnitude of this project is between $2,000,000 and $5,000,000

NAICS: 236220

The contractor shall provide all design/build services, labor equipment, materials, supervision and all other resources necessary to replace the Pneumatic Tube System at the WPBVAMC in accordance with this solicitation, statement of work and included specifications.

This is a 100% Service Disabled Veteran Owned Small Business Set Aside. Prospective contractors are cautioned that any 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 of securing a Government contract may be criminally investigated and prosecuted for fraud againstthe United States of America. Parties found misrepresenting their status also risk debarment from further government contracts.

X X 52.211-10 X email

4:00 PM EST

05-18-2018 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 PRICE OFFER SCHEDULE

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

A.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Contract Period: Base POP Begin:

POP End:

Period of Performance is 360 days.

(Attach your itemized Cost Breakdown)

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 PROPOSAL PREPARATION AND EVALUATION FACTORS

GENERAL PROPOSAL INFORMATION – DESIGN BUILD

NOTE: Contractors shall not submit Phase II proposals until directed to do so by the Contracting Officer

1. Service Disabled Veteran-owned Small Business Verification: This requirement is 100% set aside for verified Service Disabled Veteran Owned Small Business (SDVOSB). The award of this requirement shall not be delayed due to loss of SDVOSB verification. Proposals submitted by non-verified SDVOSB’s will be excluded from evaluation and award consideration.

2. Offer Acceptance Period: Offers providing less than 360 calendar days for Government acceptance after the date offers are due may not be considered and may be rejected.

3. Work Effort: This project is a Design Build Effort: The contractor shall develop project design documentation including drawings, specifications, design analysis, etc. Upon completion of design, and upon acceptance by the Government, construction execution shall commence and be completed in accordance with contract requirements.

4. RFP Issue Date: April 19, 2018

5. Site Visit: The Phase II site visit to be determined (TBD) later in Phase II.

Contact Joe Delgado by email: jose.dalgado@va.gov to confirm your attendance.

6. Requests for Information (RFIs): Due Date: NLT May 4, 2018, 4:00 pm EST. RFI’s should be submitted to the contracting officer’s e-mail address as follows: jose.dalgado@va.gov. Responses will be provided in a question and answer format. Subject Line of the RFI e-mail should include “RFI #1, 36C24818R0300 and Company Name”.

Note: RFI’s will not be accepted after due date.

7. Proposal Due Date: The size of your file shall not exceed 5 Meg. If you have multiple documents, please submit as separate emails. Subject Line of the Proposal e-mail should include the following subject line: “Phase I (etc.,) – Technical Proposal (etc.,) - 36C24818R0300 – Your Company Name - TAB “X”, Email “X” of “X (if multiple emails are required to meet the file limitation identified). All material shall be in typeface Time New Roman (12 font size), 1.5-line spacing on 8½” x 11” white paper with one (1) inch margins all around. Tables and illustration may use a reduced font style, but not less than 8 point, and may be single-spaced. Each page must identify the submitting offeror in the header or footer and page number. Proposals received after that time will not be considered. Proposals are due as follows:

a. PHASE I Proposal: Due Date: Request for Proposals (RFP) offers for furnishing services identified within the schedule shall be submitted electronically to the Contracting officer (CO) at jose.delgado3@va.gov not later than May 18, 2018, 4:00 PM EST

b. PHASE II Proposal: Due date will be announced by email to those Offerors invited to participate.

8. Offer Guarantee (Bid Bond): (An offer guarantee is required for offers requested to participate in Phase II only). Per FAR Clause 52.228-1-Bid Guarantee, the amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less. NOTE: A scanned copy of the original is acceptable with the original sent by mail.

9. Magnitude of Construction: Pursuant to FAR 36.204(d) the following is provided: The magnitude of construction is between $2,000,000 and $5,000,000. This is the estimated range for Design and Construction as defined by Design Build.

10. Proposal Requirements: For Phase I, only Technical Proposals are required. Offerors shall not submit Phase II proposals unless requested by the Contracting Officer. For Phase II, Technical and Price Proposal are required from offerors who have been asked to submit Phase II proposal.

11. North American Industry Classification (NAICS) code: The applicable NAICS code for this procurement is 236220 Commercial and Institutional Building Construction. The Small Business size standard is $36.5 Million.

Wage Determination (WD): For use during Phase II only.

2.1 PROPOSAL PREPARATION AND EVALUATION FACTORS

1. Proposal Preparation and Submission Instructions:

a. Technical Proposal Format: Technical Proposal shall address all information requested and will then be evaluated against the stated factors. The following format shall be used:

(1) TAB A. General Information

(2) TAB B: Technical Approach

(3) TAB C: Technical Qualifications

(4) TAB D: Relevant and Recent Past Performance

(5) TAB E: Phase II – Design Concepts/Technical Solutions

(6) TAB F: Phase II – Schedule and Impact to Facility

(7) TAB G: Phase II – Management Approach, Key Personnel, Quality Control, and Warrant Support

(8) TAB I: Phase II – Price Proposal

b. Phase I Evaluation Factors and Proposal Requirements. Phase I Proposal shall include:

(1) TAB A: GENERAL INFORMATION:

(a) Cover Page with Solicitation Number, Project Title

(b) Table of Contents

(c) Signed offer/Acknowledgement of Amendments (SF1442)

(d) Copy of current vetBiz.gov SDVOSB certification

(e) DUNS Number

(f) Cage Code

(g) Tax ID number

(h) Principle points of contact, address, phone numbers, etc.

(2) TAB B: Factor 1 - TECHNICAL APPROACH:

(a) Describe 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.

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

(c) 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.

(d) 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.

(e) Narrative - 5 page maximum

(3) TAB C: Factor 2 – TECHNICAL QUALIFICATIONS:

(a) Sub Factor 2a: SPECIALIZED EXPERIENCE AND TECHNICAL COMPETENCE:

i. Offeror shall provide a total of four (4) work experience projects meeting the requirements of this solicitation in performance at any point during the last five (5) years from the solicitation date or currently ongoing (at least 50% complete) that best represent the Offeror’s work experience required on this solicitation. The more relevant the experience, the more credit will be given. The information provided will be used to evaluate the relevancy and depth of each Offeror’s experience. Offeror are responsible for providing project descriptions in sufficient detail to permit evaluation of project relevancy to this procurement.

ii. Projects provided for experience should demonstrate experience designing, constructing and managing a project that involves work similar in to the Government’s requirements as outlined in the statement of work (scope), size, and complexity to the work required under this solicitation.

iii. Offeror experience shall be submitted using Experience Information Sheet attached. All fields of the “Experience Information Sheet” must be completed, and all data must be accurate and current.

iv. In this context, “Offeror or Offeror’s” refers to the proposed prime contractor, and all proposed major subcontractor(s).

v. Provide a completed and signed Letters of Commitment from any key subcontractors (to include directed subcontractor) for all work to be performed under this contract.

vi. If more than four (4) projects are submitted, only the first four (4) will be evaluated. If the project is older than five (5) years, it may be considered less relevant. Projects involving design and construction for air emission control system in a hospital environment it may be considered more relevant.

vii. Experience provided must be verifiable using the Point of Contact (POC) provided on Experience Information Sheet. It is the offeror’s responsibility to ensure the Government will be able to contact the POCs using the contact information listed on the experience form.

viii. Narrative – 20 page maximum

(b) Sub Factor 2b: KEY PERSONNEL AND MANAGEMENT APPROACH

i. Submit an organizational chart. Include a narrative which describes the relevant experience, to include similar projects worked on and Education and/or Certification(s), of:

A. Firm’s key personnel and experience, Narrative – 10 page maximum, excluding the organizational chart, to include at least:

I. Project Manager II. Field Superintendent III. Other Relevant Firm Employees B. Overall Team, Narrative-10 page maximum, excluding A-E SF 330s, discuss the planned use of:

2. Subcontractors:

Key trades to be subcontracted Proposed subcontractors, if firms already determined Similar projects worked on II. Architect-Engineering (A-E) Firm:

SF 330s of key A-E personnel, if A-E firm is already determined Similar projects worked on III. Other Consultants:

Similar projects worked on

ii. Identify key personnel to be assigned to the project, to include principal managers, designers and technical personnel, construction project manager, onsite supervisor with overall site responsibility, superintendent of the contractor's own forces, manager of subcontracts, quality control manager, safety officer, and the project scheduler who will be directly responsible for the day‐to‐day design and construction activities.

iii. Provide biographical data for key personnel for both the design and build portions of the work. Biographical data shall include name of individual, years with the company, name of the company, work and educational background, position and role the individual will hold under this contract. Indicate what percentage of each individual’s time would be committed to the project during both, the design and construction phases. Indicate which individuals are used for the design phase and which are used during the construction phase and indicate which individuals are from Prime Contractor and/or Subcontractor.

iv. Provide a completed and signed unequivocal letters of commitment from all proposed key personnel not currently employed by the Prime Contractor. Use the form letter attached to solicitation titled “Letter of Commitment Key Personnel”.

v. Narrative – 20 page maximum

(4) TAB D: Factor 3 - RELEVANT AND RECENT PAST PERFORANCE:

(a) A minimum of three (3) and a maximum of five (5) past performance projects completed by the Prime Contractor shall be submitted to the Government. Each past performance shall contain ALL of the following:

i. Brief project description.

ii. List of subcontractors.

iii. Relevance to project stated in RFP.

iv. Initial/Final award amount.

v. State any change orders if occurred during the project performance.

vi. Pictures of completed work.

vii. Project Contracting Officer Representative or Client.

(b) The projects shall be recent (completion date to be within 3 years of the solicitation release date), relevant, and meet or exceed the proposed magnitude and scope of the proposed project 548-17-606.

(c) In past performance evaluations, the offeror’s performance record on similar contract efforts, is examined to predict the probability the offeror will successfully perform the proposed contract. The currency and relevance of the information, source of the information, context of the data, and general trends in contractor’s performance will be considered. The Government will evaluate the Offeror’s performance to determine a confidence assessment of the Offeror’s performance.

(d) Past Performance Information shall be submitted with your proposal using Past Performance Questionnaire (PPQ) found in solicitation attachments. Offerors may provide CPARS, in lieu of PPQ. If CPARS submission is used to provide past performance information, it will be the most recent evaluation in the system. The Government reserves the right to check the Past Performance Information Retrieval System (PPIRS) to verify the accuracy of the CPAR submitted.

(e) Past Performance will be evaluated based on information provided and any other past performance information obtained by the Government such as but are not limited to past performance information retrieved through the Past Performance Information Retrieval System (PPIRS), including Contractor Performance Assessment Reporting system (CPARS), Federal Awardee Performance and Integrity Information System (FAPIIS), and may contact customers other than those identified by the Offeror when evaluating past performance.

(f) While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror and the government is under no obligation to check other sources and/or may not contact all the identified POCs.

(g) Subcontractor’s Consent: Past performance information pertaining to a subcontractor cannot be disclosed to the prime offeror without the subcontractor’s consent. Provide, with proposal, a letter of consent found in solicitation attachments from referenced subcontractors authorizing release of their past performance information for this requirement.

(h) In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available, the Offeror may not be evaluated favorably or unfavorably on past performance.

(5) Phase I Evaluation and Selection Criteria:

(a) Phase I proposals will be evaluated as follows: Factors one (1) thru three (3), as described above, will be rated using an adjectival rating system. Each factor response will be reviewed and assigned an adjectival rating.

(b) For evaluation purposes, each technical factor is equal in importance.

(c) 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 to submit a Phase II proposal. The top ranked offerors will be notified in writing if eligible for Phase II proposal submissions.

OFFERORS ARE NOT TO SUBMIT A PHASE 2 PROPOSAL UNLESS INVITED.

c. PHASE II Evaluation Factors and Proposal Requirements. Phase II Proposal shall include

(1) TAB E: Factor 1 – DESIGN CONCEPTS/TECHNICAL SOLUTIONS

(a) Offeror shall submit a narrative description of how they intend to approach the scope of work to successfully complete design‐build services for this project in accordance with solicitation requirements. Provide at least one (1) 24 x 36 schematic illustrating your proposed layout but not a detailed design. The description shall include what manufacturer the team is proposing as their solution and a written narrative of the planned phasing so that the facility remains operational while system is being installed and utilities are being connected. The narrative will also detail how the contractor intends to prepare the site, install system with all required connections and reactivate utility services to the facility within any specified time limits. Explain how project will be accomplished to ensure minimal interruptions with daily hospital operations and patient care.

(b) Narrative - 5 page maximum

(2) TAG F: Factor 2 –SCHEDULE AND IMPACT TO FACILITY

(a) Offeror shall submit a progress schedule in a time scaled bar graph format. The horizontal axis will be scaled for time beginning with the Notice to Proceed and concluding with contract completion. The vertical axis will show the milestones and major portions of the contract work. All schedule items will show a start date and a completion date. The detailed schedule will indicate specific tasks with dates for each step of the process including: Design Period: The design period sub periods (i.e., first and second reviews, other meetings, internal QUALITY ASSURANCE /QUALITY CONTROL plan reviews, etc.).

(b) Construction Period: Mobilization; Demolition method and sequencing; Excavation; Structure Completion; Exterior finishing; Procurement and installation of equipment; Provisions for overtime or shift work; Timing of relocation of existing equipment; Site utilities, roadway realignment; and temporary rerouted medical center vehicular and pedestrian routes, Tests and final inspection.

(c) General Project Delivery Schedule and Narrative: Show relationships between construction document development/completion (including required review activities) and construction activities for (at a minimum, utility relocation, excavation, substructure, structure, exterior façade, interior finishes, building systems, and site development.

(d) The Offeror shall specify how much allowance has been made for bad weather in the schedule, the days of the week and the hours of construction operations during each phase of the work, and the percentage of contract completion that will be achieved at the end of each month of the contract.

(e) The Offeror will provide a written commitment as to the time frame (number of days after receipt of the notice to proceed) within which the Offeror will guarantee completion. The maximum anticipated completion of this project (including design and construction of the entire project) is indicated in the solicitation. Discuss a proposed approach for ensuring the project stays on schedule.

(f) Narrative - 2 page maximum

(3) TAB G: Factor 3 – MANAGEMENT APPROACH, KEY PERSONNEL, QUALITY CONTROL, AND WARRANTY SUPPORT

(a) Describe any changes to management approach, key personnel, and quality assurance/control procedures that have occurred or will occur since Phase 1 proposals for this requirement were submitted.

(b) Describe the organization, process and procedures to be established, implemented and carried out for warranty support.

(c) Narrative - 1 page maximum

(4) TAB H: Factor 4 – PRICE PROPOSAL:

(a) 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

2. Proposal Submission: Each proposal, Phase I, and Phase II if invited, shall be submitted to the address identified at para 7a and must be submitted utilizing the format and means identified in this solicitation.

a. This acquisition will utilize a best value approach in accordance with FAR 15.101. The best value is the most advantageous proposal, price and other factors considered, and consistent with the Government’s stated importance of evaluation criteria. This may result in award being made to a higher-rated, higher priced offeror where the Contracting Officer determines that the technical capability and past performance of the higher-priced offer outweighs the cost difference. A contract award will be made to the responsible offeror whose proposal conforms to the RFP requirements and will provide the best value to the Government.

b. Offerors are cautioned to follow instructions fully and carefully, as the Government reserves the right to make an award based on initial proposals received, without discussions. Therefore, each initial proposal should contain the offeror’s best terms from a price and technical standpoint.

c. Understanding the factors/sub-factors and the associated criteria indicated, the excellence of the work offered, and the ability of the contractor to accomplish what is offered in the proposal is the objective. Contractor shall submit in detail adequate information for evaluation purposes on the evaluation criteria.

d. To provide a basis for sound evaluation by the government, offerors shall submit a complete proposal. The information provided shall be concise, factual, and complete. Proposals will be considered only from offerors that are regularly established in the business and in the judgment of the government, are deemed financially responsible, able to show evidence of experience and have submitted the complete documentation requested.

e. Offerors are hereby advised that any imposed terms and conditions which deviate from the Government’s material terms and conditions established in the solicitation may render their proposal unacceptable and ineligible for award.

f. Phase 2 proposals will be evaluated as follows:

(1) The technical factors consist of the Factors one (1) through three (3), described above, are of equal importance, and when combined are significantly more important than Price.

(2) Price Proposal - Basis of Evaluation: The Government will evaluate price based on the total price.

(a) Analysis will be performed by one or more of the following techniques to ensure a fair and reasonable price:

(i) Comparison of proposed prices received in response to the RFP.

(ii) Comparison of proposed prices with the IGCE.

(iii) Comparison of proposed prices with available historical information.

(iv) Comparison of market survey results.

3. Phase II Evaluation and Award Determination:

a. This is a competitive Request for Proposal (RFP) that represents the best value to the Government conducted under FAR Part 15 101-1, Tradeoff Process.

b. In accordance with FAR 15.101-1, all evaluation factors, other than cost or price, when combined, are significantly more important than cost or price.

c. Thus, award will be made to the firm whose Phase I proposal was initially ranked in the competitive range and who now offers a Phase II proposal, which based on both its technical and pricing proposals, offers the overall best value to the Government.

d. Evaluation Overview: 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 proposals must conform to the RFP's requirements and judged to represent the Best Value to the Government. The Best Value is the most advantageous offer, price and other factors considered, and consistent with the Government's stated importance of evaluation criteria. This may result in award being made to a higher-rated, higher-priced offeror where the Contracting Officer determines that the Technical capability of the higher-priced offeror outweighs the price.

e. The Government may use various price analysis techniques and procedures to make a price reasonableness determination. Offerors should assure that their ability to meet or exceed the minimum needs of the Government is adequately described in the offer. The Government reserves the right to evaluate proposals and award a contract without discussions (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a price and technical standpoint. The Government considers it to be in its best interest to allow consideration of award to other than the lowest priced offeror or other than the highest technically rated offeror.

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 52.215-1 INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITION (JAN 2017)

(a) Definitions. As used in this provision— Discussions are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer’s discretion, result in the offeror being allowed to revise its proposal.

In writing, writing, or written means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

Proposal modification is a change made to a proposal before the solicitation’s closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

Proposal revision is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

Time, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals.

(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show—

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, revision, and withdrawal of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation.