36C24818R0461-001.docx

36C24818R0461

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.

36C24818R0461 X 05-09-2018

TBD

546-18-105 Department of Veterans Affairs Network Contracting Office 8 (248) Room 326, Bldg. 2 10,000 Bay Pines Blvd Bay Pines

FL

33744 Department of Veterans Affairs Network Contracting Office 8 (248) Room 326, Bldg. 2 10,000 Bay Pines Blvd Bay Pines

FL

33744 Rachel Reed 727.399.3308

PROJECT TITLE: Design/Build, Replace Remaining Windows, Bldgs. 1 and 7

PROJECT NO: 546-18-105

PROJECT LOCATION: MIAMI VA MEDICAL CENTER, MIAMI, FL.

NAICS CODE: 238350 with corresonding business size limitation of $15M

MAGNITUDE OF CONSTRUCTION FOR THIS PROJECT IS BETWEEN $2,000,000 AND $5,000,000.

DESCRIPTION: This is a Two Phase Design/Build (DB) project which shall address replacing approximately 205 remaining windows in buildings #1 an #7.

THIS IS A 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 ITSELFT FOR THE PURPOSE OF SECURING A GOVERNMNET CONTRACT, MAY BE CRIMINALLY INVESTIGATED AND PORSECURTED FOR FRAUD AGAINST THE UNITED STATES OF AMERICA. PARTIES FOUND MIS-

REPRESENTING THEIR STATUS ALSO RISK DEBARMENT FROM FURTHER GOVERNMENT CONTRACTS.

X X 52.211-10 X

TEN DAYS

One Email CY Only

2:00PM

06-11-2018 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

00516 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) C.W. Bill Young VA Medical Center 10000 Bay Pines Blvd. Room 326, Bldg. 2 Bay Pines

FL

33744 Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin

TX

78714-9971

Table of Contents

A.1 GENERAL PROPOSAL INFORMATION

GENERAL PROPOSAL INFORMATION – DESIGN BUILD

1. 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.

2. Question/Answer: Questions shall be emailed to Rachel.Reed@va.gov until 1:00PM May 25, 2018. When submitting, questions include “36C24818R0461, Replace Remaining Windows, Bldgs. 1 and 7, Miami VAMC” in the subject line.

3. Site Visit: Contractors are to register for the site visit in advance by email me @ Rachel.Reed@va.gov Subject: “36C24818R0461, Replace Remaining Windows, Bldgs. 1 and 7, Miami VAMC-Site Visit” with the number of attendees. (See Site Visit Date/Time in solicitation).

4. Offer Guarantee (Bid Bond): (An offer guarantee is required for offers requested to participate in Phase II only). NOTE: A scanned copy of the original is acceptable with the original sent by mail.

5. Proposal Requirements: 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.,) - 36C24818R0461 – 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 points, 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 rachel.reed@va.gov not later than Jun 11, 2018, 2:00 PM EST

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

WAGE DETERMINATION (WD): For use during PHASE II only.

A.2 PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS

1. Proposal Preparation and Submission Instructions:

c. 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:

TAB A. General Information

(1) TAB B: Technical Approach

(2) TAB C: Technical Qualifications

(3) TAB D: Relevant and Recent Past Performance

(4) TAB E: Safety/EMR/IC/QC

(5) TAB F: Phase II – Technical Approach

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

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

(8) TAB I: Phase II – Price Proposal

d. 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) In a narrative format, diagrams and/or drawing, describe in detail how the offeror intends to meet or exceed all performance areas stated in the solicitation/statement of work/attachments that are related to Project “516-18-605,”. Provide technical methods and procedures that reflect a design and construction approach unique to the site and facility. NOTE: Vague, general narratives to include the restatement of the Statement of Work will be rated less favorably.

(b) Schedule and minimizing downtime is crucial. Describe a plan to complete the project in a timely manner without causing disruptions to facility during normal business hours. Also describe actions to be taken by the offeror if completion of work is anticipated to fall behind schedule. It is critical to the VA mission that services remain intact with minimal disruption.

(c) 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.

(d) Narrative - 10 page maximum

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

1. Sub Factor 2a: SPECIALIZED EXPERIENCE AND TECHNICAL COMPETENCE:

i. Describe specialized experience, technical competence, and design expertise in electrical work performed by the Prime and Subcontractor. Proposals that demonstrate technical qualifications in performing projects very similar to or exceeding the scope of this of project 516-18-605 will be rated more favorably.

ii. Describe ability to obtain the necessary resources to perform this project

iii. Provide Offeror’s total bonding capacity, current available bonding capacity and expected available capacity in 2017, 2018 and 2019.

iv. Disclose all negative licensing information and any pending litigation involving any of the proposed firms that will be either Prime or Sub contractors on this project.

v. Provide current Florida license for the D/B Architect-Engineer Team Member

vi. Narrative – 5 pages maximum.

1. 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:

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

1. Project Manager

2. Field Superintendent

2. Other Relevant Firm Employees

1. Overall Team, Narrative-10-page maximum, discuss the planned use of:

1. Subcontractors:

Key trades to be subcontracted Proposed subcontractors, if firms already determined Similar projects worked on

4. Architect-Engineering (A-E) Firm:

A-E Firm’s key personnel and experience, Similar projects worked on

4. Other Consultants:

Similar projects worked on

4. 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 manager, and the project scheduler who will be directly responsible for the day‐to‐day design and construction activities.

4. 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.

4. Provide a completed and signed unequivocal letters of commitment from all proposed key personnel not currently employed by the Prime Contractor.

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

(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 516-18-605.

(c) Two (2) of the submitted past performances may be submitted from the Government Wide Performance Information Retrieval System (PPIRS) at www.ppirs.gov or submit “Contractor Past Performance Evaluation” from two (2) previous performances of equal size and scope.

(d) Note: The Evaluation Team may also use information obtained from Past Performance Information Retrieval System PPIRS http://www.ppirs.gov/ as a basis for evaluating this factor.

(e) Preferable to discuss similar type projects of similar costs magnitude.

(f) The examples of projects that most closely resemble the project identified in this solicitation will receive higher consideration.

(g) Narrative-10 pages maximum

(6) Phase 1 Evaluation and Selection Criteria:

(a) Phase 1 proposals will be evaluated as follows: Factors 1 thru 4, 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.

(7) Phase I Proposal Submission: The Phase I proposal shall be submitted to the address identified at Section A1, para 7a of this solicitation.

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

5. The maximum number of offeror’s that will be selected to submit phase-two proposals shall not exceed five, unless the Contracting Office determines that a number greater than five is in the Government’s interest and is consistent with VISN 8 purposes and objectives.

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

0. TAB F: Factor 1 – TECHNICAL APPROACH

0. 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 and VA guidelines. Provide at least one (1) 24 x 36 schematic illustrating your proposed layout but not a detailed design. The description shall include a written narrative of the planned phasing so that the facility remains operational while work is being installed.

0. Project Organizational Chart and Narrative – include team members submitted under Project Personnel Experience from Phase l. Clearly describe the prime responsible firm (or firms if a J/V) and individuals, as well as the roles and responsibilities of individuals proposed as consultants and subcontractors. Provide a list of all consultants and all proposed major subcontractors, including telephone number, address and name of contact.

0. Clarify procedures and proposed solutions for contingencies, differing site conditions, power outages, scheduling conflicts and temporary work stoppage requests (interference with Medical Center operations).

0. Demonstrate techniques for management of work coordination with subcontractors and measures/corrective action that will be taken for substandard performance.

0. Provide an approach to ensure cost-savings and minimizing issuance of change orders.

0. Narrative – Ten (10) pages, including schematics.

(2) TAG G: Factor 2 –SCHEDULE AND IMPACT TO FACILITY – No page limit

(a) Submit a preliminary (CPM) Critical Path Method schedule for the design and construction satisfying the requirements of this project. A practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including design, acquiring materials, plant, and equipment, mobilization, demolition, installation, finalization, etc.). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given point during the period. Most importantly, the schedule should show length of downtime required.

The proposed schedule should include:

1. Design Period – The design sub periods (i.e., review submissions, other meetings, internal quality control plan reviews, etc.)

2. Construction Period – Mobilization, demolition method and sequencing; Procurement and installation of equipment; Provisions for overtime or shift work; etc.

ASSUME A START DATE OF DEC 1, 2018 FOR PROPOSED SCHEDULE

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

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

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

0. Narrative - 1 page maximum

(4) TAB I: Factor 4 – PRICE PROPOSAL: - No page limit

(a) Include copy of the Pricing Schedule from the solicitation. Along with a lump sum price, please provide a detailed cost breakdown that includes, but is not limited to:

(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

(b) ***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 or OTHER SIMILIARLY SITUATED SDVOSB and shall be indicative of the 25% of contract performance that will be incurred for SDVOSB personnel in accordance with FAR 52.219-27 – Limitations on Subcontracting. ***

1. 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.

1. 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.

Each pricing element indicated in TAB I will be evaluated to determine its reasonableness. 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.

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

LOCAL STOCK NUMBER: PROJECT 546-18-105

Page 1 of Page 1 of

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS (JUN 1988) The specifications cited in this solicitation may be obtained from:

Activity: VA Office of Construction and Facilities Mgt Complete Address:

425 I Street NW Washington, DC 200001

Telephone Number: n/a Person to be Contacted: www.cfm.va.gov Time(s) for Viewing: n/a The request should identify the solicitation number and the specification requested by date, title, and number, as cited in the solicitation.

(End of Provision)

2.2 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)

2.3 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)

2.4 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 Dade County, Miami, FL

(End of Provision)

2.5 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)

2.6 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)

2.7 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:

Rachel Reed

Hand-Carried Address:

Department of Veterans Affairs C.W. Bill Young VA Medical Center Room 326, Bldg. 2 10,000 Bay Pines Blvd.

Bay Pines FL 33744 Mailing Address:

Department of Veterans Affairs C.W. Bill Young VA Medical Center Room 326, Bldg. 2 10,000 Bay Pines Blvd.

Bay Pines FL 33744

(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)

2.8 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— May 16, 2018 at 10:00am (local)

(c) Participants will meet at— Miami Engineering, B110, PLANNING (End of Provision)

2.9 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)

2.10 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)

2.11 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)

2.12 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:

2.13 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)

2.14 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 (JAN 2018)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238350.

(2) The small business size standard is $15 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 applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

(vii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance—Sealed Bidding.