36C24822R0072 FISHER HOUSE SITE PREP DB 672-304.docx

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Y1PZ--Project Title: Acquire Land for the San Juan Fisher House (This action is for the Site Preparation - Design Build Services)
Solicitation number
36C24822R0072
Issued by

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This federal solicitation is seeking design-build services for site preparation work in support of constructing a Fisher House on land owned by the Department of Veterans Affairs in Puerto Rico. Key details include the solicitation number 36C24822R0072 issued by VA Network Contracting Office 8. The project involves preparing approximately two acres of land for a future Fisher House building through design and construction services such as permitting, surveying, utility connections for power, water and IT systems. The period of performance is 540 calendar days with a tentative schedule start 10 months after notice to proceed. The acquisition is set aside 100% for verified Service-Disabled Veteran-Owned Small Businesses. Proposals are due on the date specified in the Standard Form 1442. The award will be a firm-fixed price contract determined by evaluating technical and price factors to identify the best value to the government.

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36C24822R0072

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.

36C24822R0072 X 04-29-2022 672-304 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) VA Caribbean HCS (Admin Bldg) #10 Calle Casia Suite #4M440 San Juan PR 00921-3201

VIA EMAIL AT:

ana.alvarado@va.gov

Ana G. Alvarado

(939) 321-0814 Project Title: Acquire Land for the San Juan Fisher House (This action is for the Site Preparation - Design-Build) Project Location: VA Caribbean Healthcare System (VACHS), Jose de Diego Ave. between San Fernando and Violeta Streets, San Juan, PR 00927 IAW VAAR 836.204 the magnitude of construction VA project is: between $2,000,000.00 and $5,000,000.00 NAICS: 236220 - Commercial and Institutional Building Construction Service Code: Y1PZ - Construction of Other Non-Building Facilities Project Description: This project will provide design and construction services for the site preparation of approximately 2 acres of land, for a future Fisher House. All work is to be completed in accordance requirements.

This solicitation will be evaluated on a Tradeoff basis. As stated elsewhere in this solicitation, this procurement is a Two-Phase Design-Build IAW FAR 36.3.

One solicitation will be issued covering both phases. In Phase One proposals will be evaluated to determine which offerors will submit proposals for Phase Two. Block 13a, refers to Phase One proposals.

THIS ACQUISITION IS SET-ASIDE 100% FOR SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS (SDVOSB) ONLY, UNDER THE AUTHORITY OF 38 U.S.C. PART 74. ANY PERSON(S) OR BUSINESS ENTITY SUSPECTED OF MISREPRESENTATION FOR THE PURPOSE OF THE SECURING A GOVERNMENT CONTRACT MAY BE CRIMINALLY INVESTIGATED AND PROSECUTED FOR FRAUD AGAINST THE UNITED STATES GOVERNMENT.

Offerors must be registered in SAM ( www.sam.gov ) and VISIBLE/CERTIFIED in VetBiz ( www.vetbiz.gov ) at the time of offer submission and prior to award to be considered an eligible SDVOSB concern.

The VACHS is a smoke free facility.

Refer to solicitation instructions for Phase One cutoff date for submission of Requests for Information (RFIs), or Questions (if any). No Site Visit will be conducted during Phase One of this solicitation.

All Offerors must comply with all solicitation terms and conditions.

Please refer to solicitation 36C24822R0072 package for further requirements.

It shall be known that funds are not currently available. No contract award will be made until appropriated funds are made available.

X X 52.211-10 X

VIA EMAIL

3:30 PM

05-25-2022 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

SEE PRICE SCHEDULE

36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) VA Caribbean HCS (Admin Bldg) #10 Calle Casia Suite #4M440 San Juan PR 00921-3201 Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971 Ana G. Alvarado

NC0815L3-0313

TABLE OF CONTENTS

PART I - THE SCHEDULE1
SECTION A - SOLICITATION/CONTRACT FORM1
A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)1
A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION, ALTERATION, OR REPAIR)– BACK2
A.3 PRICE/COST SCHEDULE6
ITEM INFORMATION6
A.4 DELIVERY SCHEDULE6
INSTRUCTIONS TO OFFERORS AND EVALUATION INFORMATION7
I. GENERAL PROPOSAL INFORMATION7
II. PROPOSAL PREPARATION AND EVALUATION INFORMATION9
PROPOSAL PREPARATION INSTRUCTION9
PROPOSAL SUBMISSION10
BASIS FOR AWARD10
SELECTION AND EVALUATION PROCEDURES11
PROPOSAL REQUIREMENTS AND FORMATTING (PHASE ONE AND PHASE TWO)11
PHASE ONE – TECHNICAL PROPOSAL PREPARATION INSTRUCTIONS12
PHASE TWO – PRICE PROPOSAL PREPARATION INSTRUCTIONS13
PHASE TWO – TECHNICAL PROPOSAL PREPARATION INSTRUCTIONS14
III. EVALUATION FACTORS FOR AWARD15
PHASE ONE EVALUATION FACTORS15
PHASE ONE - FACTOR 1: TECHNICAL APPROACH AND TECHNICAL QUALIFICATION15
PHASE ONE - FACTOR 2: SPECIALIZED EXPERIENCE16
PHASE ONE - FACTOR 3: PAST PERFORMANCE17
PHASE TWO EVALUATION FACTORS18
PHASE TWO - FACTOR 1: DESIGN CONCEPTS AND TECHNICAL SOLUTIONS18
PHASE TWO – FACTOR 2: KEY PERSONNEL19
PHASE TWO - FACTOR 3: SCHEDULE19
DESCRIPTION-SPECIFICATIONS-STATEMENT OF WORK21
CONTRACT CLAUSES52
2.1 52.216-1 TYPE OF CONTRACT (APR 1984)52
2.2 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)52
2.3 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)53
2.4 52.228-1 BID GUARANTEE (SEP 1996)54
2.5 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021)54
2.6 52.233-2 SERVICE OF PROTEST (SEP 2006)55
2.7 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)55
2.8 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)56
2.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)56
REPRESENTATIONS AND CERTIFICATIONS57
3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020) (JUL 2020) (DEVIATION)57
3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)61
3.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)63
3.4 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—CERTIFICATION (NOV 2021)65
GENERAL CONDITIONS67
4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)67
4.2 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (NOV 2021)67
4.3 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)68
4.4 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)69
4.5 52.219-14 LIMITATIONS ON SUBCONTRACTING (SEP 2021)70
4.6 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (SEP 2021)72
4.7 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)75
4.8 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010)75
4.9 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEP 2013)77
4.10 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED ITEMS (MAY 2008)78
4.11 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (NOV 2021)78
4.12 SUPPLEMENTAL INSURANCE REQUIREMENTS82
4.13 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)82
4.14 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021) (DEVIATION)84
4.15 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)86
4.16 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)87
4.17 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)88
4.18 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019)88
4.19 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019)89
4.20 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019) ALTERNATE I (APR 2019)89
4.21 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT ADMINISTRATION (OCT 2020)91
4.22 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT (SEP 2019)92
4.23 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)93
4.24 IT CONTRACT SECURITY94
4.25 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)104
4.26 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)105
DESIGN BUILD SPECIFICATIONS107
4.27 PARTNERING107
4.28 GENDER107
4.29 CONTRACTOR'S COST BREAKDOWN107
4.30 SCHEDULE OF PAYMENTS FOR DESIGN SERVICES107
4.31 OWNERSHIP OF ORIGINAL DOCUMENTS108
4.32 RETENTION OF REVIEW DOCUMENTS108
4.33 CONTRACT DRAWINGS AND SPECIFICATIONS GOVERNMENT FURNISHED PLANNING INFORMATION108
4.34 COORDINATION WITH MEDICAL CENTER109
4.35 RESPONSIBILITY OF THE DESIGN-BUILD CONTRACTOR109
ATTACHMENTS110

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1.00
JB
__________________
__________________

Design and construction services for the site preparation of approximately 2 acres of land for a future Fisher House construction.

Project Title: Acquire Land for the San Juan Fisher House.

Project No.: 672-304.

Period of Performance: 540 calendar days.

Contract Period: Base POP Begin: 10-20-2022 POP End: 04-12-2024

PRINCIPAL NAICS CODE: 236220 - Commercial and Institutional Building Construction PRODUCT/SERVICE CODE: Y1PZ - Construction of Other Non-Building Facilities

Note: The POP Begin, and POP End are estimated dates. Upon notice to proceed issuance, dates will be updated through a modification.

GRAND TOTAL

A.4 DELIVERY SCHEDULE

ITEM NUMBER
QUANTITY
DELIVERY DATE
0001
SHIP TO:
VA Caribbean Healthcare System (VACHS)

10 Calle Casia San Juan, PR 00921 3201

USA

1.00
540 Calendar days from NTP.
MARK FOR:
Grisel Medina-Albertorio

(787) 641-7582 X110232 grisel.medina-albertorio@va.gov

Page 1 of

INSTRUCTIONS TO OFFERORS AND EVALUATION INFORMATION

I. GENERAL PROPOSAL INFORMATION

1. Solicitation, attachments, and any issued amendments will be posted at www.sam.gov. This is the only official location where these documents can be obtained and where updates are posted. No “hard copy” solicitation materials are available.

2. All references to “Bid” or “Bidder” shall be understood to mean “Offer” or “Offeror”.

3. MAGNITUDE OF THIS PROJECT: Between $2,000,000 and $5,000,000.

4. PROPOSAL DUE DATE: Standard Form (SF) 1442, block 13a (or as amended on SF 30), refers to Phase One proposals.

5. SITE VISIT: No pre-proposal/Site Visit will be conducted during Phase One of this solicitation. Those offerors selected to participate in Phase Two of the solicitation will receive information about Phase Two pre-proposal conference/Site Visit in the invitation to participate in Phase Two.

6. OFFER ACCEPTANCE PERIOD: Offers providing less than one-hundred and twenty (120) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

7. REQUESTS FOR INFORMATION: Requests for Information (RFIs) shall be submitted in writing (only) by the Prime Contractor (SDVOSB) to the Contracting Officer’s email at ana.alvarado@va.gov. No telephone RFIs/Questions will be accepted. The cutoff for submission of RFIs for PHASE ONE (if any) is: 05/11/2022 @ 3:30PM (AST). Responses will be provided in a Question & Answer format to all offerors via Standard Form (SF) 30 Amendment to the Solicitation. RFI received after due date will only be answered if in the judgement of the CO impacts the project/solicitation.

8. SPECIFICATIONS AND DRAWINGS: All applicable specifications and drawings will be provided electronically along with the solicitation. No hard copies will be made available to offerors.

9. Any reference contained within contract specifications and/or drawings to the “VA Engineer”, “Resident Engineer”, “Senior Resident Engineer”, “Project Manager”, Contracting Officer Technical Representative, or their abbreviations are to be replaced with “Contracting Officer Representative (COR)”

10. SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS VERIFICATION: This solicitation is 100% set asides for verified Service-Disabled Veteran-Owned Small Businesses (SDVOSB). The award of this requirement shall not be delayed due to loss of SDVOSB verification. Proposals submitted by non-verified SDVOSB shall be excluded from award consideration.

11. SDVOSB Verification: The Government will review VetBiz (https://www.vip.vetbiz.gov/) to confirm SDVOSB status verification for the submitted proposal. Evaluations will be performed on proposals submitted by verified SDVOSBs only. Subsequent confirmation of SDVOSB verification status will be performed for the apparent awardee.

12. LIMITATIONS ON SUBCONTRACTING (LOS) (Reference Contract Clause FAR 52.219-14 for further information): By submission of an offer and execution of a contract, the Offeror agrees that in performance of the contract, the concern will perform at least fifteen (15) percent of the cost of the contract, not including the cost of materials, with its own employees.

12.1. Completed Mandatory LOS Certification form shall be submitted along with your proposal. The completed Mandatory LOS Certification form will be submitted in a separate PDF document (do not combine/save with other documents). The completed Mandatory LOS Certification form shall be named “LOS Mandatory Certification – OFFEROR COMPANY NAME”.

13. FUNDS: Funds are not presently available for this acquisition. The Government does not compensate offerors for proposals’ development. Award is subject to availability of funds, in accordance with FAR 52.232-18 Availability of Funds and VAAR 807-173.

14. BONDS: Performance Bonds (SF25) and Payment Bonds (SF25A) are required. Offeror must refer to SF1442 Block 12a for Payment and Performance Bond requirements. Reference Contract Clause FAR 52.228-15 for further information on applicability.

15. OFFER GUARANTEE (BID BOND) (SUBMIT WITH YOUR PHASE TWO PRICE PROPOSAL): Offeror must refer to SF1442 Block 13B (Bid Bond) requirement. 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 legible electronic copy of the original is acceptable; offerors invited to Phase Two are required to submit bid bonds. The bid bond will be submitted with Phase Two Price Proposal in a separate PDF document (do not combine/save with other documents) and shall be named “BID BOND – OFFEROR COMPANY NAME”.

16. SAFETY AND ENVIRONMENTAL RECORD (SUBMIT WITH PHASE ONE PROPOSAL): Offerors shall submit information that specifies the contractor in question has no more than three serious, or one repeat, or one willful Occupational Safety and Health Administration (OSHA) or any Environmental Protection Agency (EPA) violation(s) in the past three (3) years and has an Experience Modification Rate (EMR) should not exceed 1.0. If no EMR, state the reason way no EMR is available. EMR greater than 1.0 will not be acceptable. Offerors are required to complete and submit attached (Attachment 06 - Safety or Environmental Violations and Experience Modification Rate EMR Form) Past safety and environmental record or any other form that provided the above information. Offerors with an EMR greater than 1.0 will be considered ineligible and will not be evaluated.

17. VETS-4212, Federal Contractor Veterans’ Employment Report (SUBMIT WITH PHASE ONE PROPOSAL): Offerors are required to provide verification of their submission of the annual form VETS-4212 (https://www.dol.gov/agencies/vets/programs/vets4212). This verification shall be the emailed confirmation of receipt notification sent to the offeror after successful submission of their report.

18. PERFORMANCE PERIOD: Refer to SF1442, Block 11, for performance period. Performance period shall be commenced upon receipt of written Notice to Proceed (NTP) performed in concurrent or sequential phases as indicated or required.

19. VA CARIBBEAN HEALTHCARE SYSTEM (VACHS) CONSTRUCTION SPECIAL CIRCUMSTANCES:

19.1. Wage Determination & Davis Bacon: The prevailing Wage Determination for Puerto Rico is not applicable for this contract. The Davis-Bacon Act (DBA) does not apply to federal construction contracts in Puerto Rico, and the U.S. Virgin Islands or other territories. However, some related Acts which provide federal assistance to local Government bodies in these territories do require the payment of prevailing wage rates.

19.2. Daylight Savings Time: No Daylight-Saving time is observed in Puerto Rico.

19.3. Payment of Municipality Taxes in Puerto Rico: The Contractors shall be responsible for all Municipality Taxes also known as “Arbitrios Municipales” and patents for all construction projects, when a proposal is submitted to the Department of Veterans Affairs, VA Caribbean Healthcare System, Puerto Rico. Each Contractor shall make an assessment with the “Centro de Recaudaciones e Ingresos Municipales” known as “CRIM” from the Commonwealth of Puerto Rico. The Contractors shall be responsible to find out the applicable municipality construction taxes and patents where the construction project will be performed with each local Government offices (i.e., San Juan, Ponce, Mayaguez, etc.). If the Contractor fails to include the applicable municipality construction taxes and patents with their proposed cost/price proposal, the Contractor will be solely responsible for the omitted cost/price.

19.4. Puerto Rico Christmas Bonus Law: Puerto Rico Christmas Bonus Law No. 148 of June 30, 1969, as amended, is applicable to all businesses working in Puerto Rico.

20. E-VERIFY SYSTEM: Companies awarded a contract with the federal government shall enroll in E-Verify within 30 days of the contract award date. They shall also begin using the E-Verify system to confirm that all their new hires and their employees directly working on federal contracts are authorized to legally work in the United States. E-Verify is an Internet-based system that allows an employer, using information reported on an employee's Form I-9, to determine the eligibility of that employee to work in the United States. There is no charge to employers to use E-Verify. (FAR 52.222-54).

21. Section 743(a)(3) of Division C of Public Law 111-117: Companies awarded a contract with the federal government shall comply with the annually reporting requirements of 52.204-14, Service Contract Reporting Requirements and 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts. Note that the contracting officer shall make the contractor’s failure to comply with the reporting requirements a part of the contractor’s performance information under FAR Subpart 42.15.

II. PROPOSAL PREPARATION AND EVALUATION INFORMATION

PROPOSAL PREPARATION INSTRUCTION

1. PROPOSAL PREPARATION INSTRUCTION:

1.1. The submission of the documentation specified below will constitute the Offeror’s acceptance of the terms and conditions of the RFP, including attachments and any issued amendments.

1.2. To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein.

1.3. In order for proposals to receive full consideration for award, offerors should ensure that the information furnished in support of the proposal is factual, accurate, and complete, and directly responds to the requirements of this solicitation.

1.4. These instructions prescribe the format for the proposal and describe the approach for the development of proposal data. These instructions are designed to ensure the submission of necessary information to provide for the understanding and comprehensive evaluation of proposals.

PROPOSAL SUBMISSION

2. PROPOSAL SUBMISSION:

2.1. All Phase One proposals shall be submitted by the Prime Contractor no later than (NLT) closing date and time specified in SF1442, Block 13.A. (subject to amendment) via email at ana.alvarado@va.gov. NO OTHER FORMS OF SUBMISSION WILL BE ACCEPTED.

2.2. Your proposal shall be submitted as portable data files (pdf), and documents submitted shall be no larger than 7 Mega Bytes (MB) in size. Send document in separate files as deem necessary. The offeror is responsible to verify that the Government has received the proposals.

2.3. Undeliverable emails due to an offeror’s proposal size, using wrong email address, or else, is not the responsibility of the Government.

2.4. To be considered and accepted as timely the proposal must be received in its entirety prior to the deadline. Failure to provide a proposal in its entirety prior to the deadline will render the proposal noncompliant.

BASIS FOR AWARD

3. BASIS FOR AWARD: It is the Government’s intent to award one (1) firm-fixed price contract resulting from this solicitation to the responsible offeror whose offer, conforming to the solicitation, is fair and reasonable, and has been determined to be the most advantageous to the Government, non-price, price, and other factors considered. The proposals must conform to the solicitation requirements and judged to represent the Best Value to the Government. The source selection process will utilize FAR Part 36.3 Two Phase Design-Build Selection Procedures and FAR 15 to evaluate proposals and award the contract.

3.1. All evaluation factors other than price, when combined, are approximately equal to price. As differences in factor ratings and relative advantages and disadvantages become less distinct, difference in price may become the discriminating factor in determining the most advantageous offer. Conversely, as differences in price become less distinct, differences in ratings and relative advantages and disadvantages between offers are determinative.

3.2. Intent for No Discussions: Offerors are hereby advised that the Government intends to evaluate proposals and award a contract without conducting discussions with offerors. However, the Government reserves the right to contact Offerors and/or hold discussions if the Contracting Officer determines them to be necessary. Offerors are cautioned that discussions may not be conducted, and Offerors should not assume that they will have an opportunity to revise their proposals after submission.

SELECTION AND EVALUATION PROCEDURES

4. SELECTION AND EVALUATION PROCEDURES: This part describes the mechanism for evaluating and selecting offers for this two-phase design-build procurement.

4.1. This solicitation addresses both the Phase One and Phase Two proposal requirements.

4.2. The Phase One proposals will be evaluated to determine which offerors will be invited to submit Phase Two proposals. Do not submit Phase Two proposals unless specifically instructed by the Contracting Officer.

4.3. After evaluating Phase One proposals, the Government intends to select a maximum of five (5) of the most highly qualified offerors and those will be invited to submit a Phase Two proposals. However, the Government reserves the right to reject any and/all offers.

4.4. Do not submit pricing with the Phase One proposal. Phase One does NOT involve a pricing submission or evaluation of price.

4.5. In Phase Two, Offerors will compete to determine which Offeror will be awarded the Firm Fixed-Price contract. For Phase Two, Offerors must submit technical and price proposals. The Government reserves the right to reject any and/all offers in Phase Two.

PROPOSAL REQUIREMENTS AND FORMATTING (PHASE ONE AND PHASE TWO)

5. PROPOSAL REQUIREMENTS AND FORMATTING (PHASE ONE AND PHASE TWO):

5.1. Proposals shall be typewritten, with fonts no smaller than 10 points, with page layout no smaller than ½” top, bottom and ½” side margins, single space, paginated, portrait mode or letter size paper; except charts may be displayed in landscape mode.

5.2. Solicitation forms requiring to be completed shall be typewritten with fonts no smaller than 9 points.

5.3. No hyperlinks or electronic media will be allowed or considered.

5.4. Any conceptual drawings, renderings, product data sheets, one-line diagrams, etc. included in your proposal, shall be submitted as portable data files (pdf).

5.5. Strongly recommend formatting your technical proposal factor by factor, as listed in the solicitation. Stick to the page limits.

5.6. Proposals which merely restate the requirement or state that the requirement will be met, without providing supporting rationale, are not sufficient and will not be considered an appropriate response. It is the offeror’s responsibility to insure the completeness of the proposal.

5.7. Offers that do not propose to perform all the work required by the solicitation will not be considered.

5.8. Proprietary Data: Each page of the offeror’s proposals must be reviewed and marked as to proprietary data content by the offeror in strict compliance with FAR 52.215-1. Also, see FAR 3.104-4. A single blanket statement at the front of the proposal is not acceptable. Failure to mark every page will subject the proposal to public release through Freedom of Information Act (FOIA) requests.

5.9. Proposals submitted in response to this solicitation shall be signed by the SDVOSB 51% owner and dated.

PHASE ONE – TECHNICAL PROPOSAL PREPARATION INSTRUCTIONS

6. PHASE ONE – TECHNICAL PROPOSAL PREPARATION INSTRUCTIONS: The following must be included in the offeror’s proposal:

PHASE ONE – FIRST PACKAGE:

(a) Cover Page with: Phase One - Design Build Project, Solicitation Number, Project Title and Project Number, Company Information (Principal points of contact, email, address, phone numbers (including area code), Unique Entity Identifier (UIE) number, Cage code, etc.)

(b) Table of Contents

(c) Signed SF 1442 by the SDVOSB, with Blocks 14-20C completed including acknowledgement of any Amendments issued for Phase One.

(d) Completed Experience Modification Rate (EMR) Form

(e) Verification of the annual form VETS-4212, Federal Contractor Veterans’ Employment Report. (Refer to General Information Section, paragraph 17 on page 8.)

(f) Copy of current VetBiz SDVOSB certification

(g) Completed Mandatory (LOS) Certification Form - LOS form shall be submitted in a separate PDF document (do not combine/save with other documents). (Refer to General Information Section, paragraph 12 & 12.1 on page 8.)

PHASE ONE – SECOND PACKAGE (TECHNICAL PROPOSAL):

(a) Cover Page with: Phase One - Design Build Project, Solicitation Number, Project Title and Project Number, Company Information (Principal points of contact, email, address, phone numbers (including area code), Unique Entity Identifier (UIE) number, Cage code, etc.)

(b) Table of Contents

(c) Required Submittals for Factor 1 – Technical Approach and Technical Qualification ( 30 pages max. excluding signed letters of commitments, and copy of licenses)

(d) Required Submittals for Factor 2 – Specialized Experience (no page limit)

(e) Required Submittals for Factor 3 – Past Performance (no page limit)

7. PHASE TWO PROPOSAL PREPARATION AND SUBMISSION: Phase Two require submission of technical and price proposal, which shall be evaluated independently. Technical Proposal shall not include pricing data.

DO NOT SUBMIT PHASE TWO PROPOSALS UNLESS SPECIFICALLY INSTRUCTED BY THE CO.

8. Technical factors consist of Factor 1 – Design Concepts and Technical Solutions, Factor 2 – Key Personnel and Factor 3 – Schedule. Each factor shall have equal importance, and when combined are approximately equal to Price.

PHASE TWO – PRICE PROPOSAL PREPARATION INSTRUCTIONS

9. PHASE TWO – PRICE PROPOSAL PREPARATION INSTRUCTIONS: The following must be included in the offeror’s technical proposal:

PHASE TWO - PRICE PROPOSAL

(a) Cover Page with: Phase Two - Design Build Project, Solicitation Number, Project Title and Project Number, Company Information (Principal points of contact, email, address, phone numbers (including area code), Unique Entity Identifier (UIE) number, Cage code, etc.)

(b) Table of Contents

(c) Bid Bond-SF24 “legible scan copy in pdf format” The bid bond will be submitted with Phase Two Price Proposal in a separate PDF document (do not combine/save with other documents) and shall be named “BID BOND – OFFEROR COMPANY NAME”.

(d) Copy of current VetBiz SDVOSB certification.

(e) Signed SF 1442, with Blocks 14-20C completed including acknowledgement of any Amendments (Phase One and Phase Two) issued.

(f) Completed Price Schedule (Total of Proposed Price of CLIN 0001).

(g) Price Proposal Breakdown to support price proposed.

(h) Completed Mandatory (LOS) Certification Form - LOS form shall be submitted in a separate PDF document (do not combine/save with other documents). (Refer to General Information Section, paragraph 12 & 12.1, on page 8.)

10. The proposed prices will be analyzed for fairness and reasonableness. Include copy of the Pricing Schedule of the solicitation. Provide a detailed price breakdown for the purpose of evaluating price. The breakdown shall separately at a minimum but not limited to (this is not an all-inclusive breakdown list, DO NOT limit your breakdown to this list) include the following cost elements: Labor (Direct & Indirect), Materials, Material Markups, Material Overhead, Equipment, Subcontractor Cost, Other Direct Costs, Overhead Expenses, Indirect Cost, General & Administrative (G&A) expenses, and Profit. While developing your price proposal please make sure to include all applicable taxes, and government stamps cost.

11. NOTE: Price breakdown shall be indicative of showing at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other eligible service-disabled veteran-owned small business concerns in accordance with VAAR 852.219-10.

12. PRICE EVALUATION: The Government will initially review pricing independently from the factor evaluation. Price is not rated but will be analyzed for fairness and reasonableness. The Government may use various price analysis techniques and procedures to make a price reasonableness determination.

PHASE TWO – TECHNICAL PROPOSAL PREPARATION INSTRUCTIONS

13. PHASE TWO – TECHNICAL PROPOSAL PREPARATION INSTRUCTIONS: The following must be included in the offeror’s technical proposal:

PHASE TWO – TECHNICAL PROPOSAL (Technical Proposal shall NOT include pricing data):

(a) Cover Page with: Phase Two - Design Build Project, Solicitation Number, Project Title and Project Number, Company Information (Principal points of contact, email, address, phone numbers (including area code), Unique Entity Identifier (UIE) number, Cage code, etc.)

(b) Table of Contents

(c) Required Submittals for Factor 1 – Design Concepts and Technical Solutions (20 pages max., excluding schematic)

(d) Required Submittals for Factor 2 – Key Personnel (40 pages max.)

(e) Required Submittals for Factor 3 – Schedule (no page limit)

NOTE: The Phase Two proposal should be submitted to the same email address as the Phase One proposal.

14. PHASE TWO EVALUATION AND SELECTION CRITERIA: Factors will be rated using an adjectival rating system. For evaluation purposes, each technical factor is equal in importance, and when combined are approximately equal to price.

III. EVALUATION FACTORS FOR AWARD

PHASE ONE EVALUATION FACTORS

The evaluation factors for PHASE ONE consist of Factor 1 - Technical Approach and Technical Qualifications, Factor 2 – Specialized Experience and Factor 3 – Past Performance. Each factor shall have equal importance.

PHASE ONE - FACTOR 1: TECHNICAL APPROACH AND TECHNICAL QUALIFICATION

(30 pages max., excluding signed letters of commitments, and copy of licenses)

1. Provide a narrative describing the proposed primary construction firms and primary design firms for this contract and the rationale for proposing this arrangement. Provide the role, responsibilities, and contractual relationships between the various firms.

2. The narrative shall also include a simple organizational chart that clearly identifies the lines of authority between the entities. If the experience of an entity is being claimed in Factor 2, that entity must be named in the above narrative and organizational chart.

3. Provide information that describes intended Design Build Team overall strategy for successfully completing the design-build contract per SOW and solicitation requirements.

4. Describe the Offeror's understanding of the challenges, risks, and technical approach with respect to design and construction of this project. Elaborate your knowledge on the local government permits process.

5. Briefly describe ability to obtain the necessary resources to perform this project.

6. Briefly describe technical competence and design expertise involving site preparation work at a healthcare facility. The DB-A/E must have a proved experience of at least ten years (10 yrs.) in design and supervision of project of similar or major complexity to this one.

7. Submit copy of current, valid Engineer’s License as applicable, issued in Puerto Rico for Architectural/Engineering Contractor, who will be of record.

8. Signed Letters of Commitment for Teaming Arrangement for all work to be performed under this contract.

EVALUATION CRITERIA PHASE ONE, FACTOR 1 - TECHNICAL APPROACH AND TECHNICAL QUALIFICATIONS: Based on the narrative provided, the Government will evaluate the Offeror’s technical approach and technical qualifications to this design build project and its capability to execute an awarded contract with cohesive and collaborative team effort. The Government will evaluate the strengths, weaknesses, and deficiencies, if any, in the technical qualifications and technical approach narrative and assign one combined technical and risk rating for this factor. All requirements in this factor shall be met by the closing date of Phase One submission.

PHASE ONE - FACTOR 2: SPECIALIZED EXPERIENCE

(No page limit)

1. Offeror shall demonstrate recent, relevant experience (using Specialized Experience Form) that are similar in size, scope, and complexity to the project contemplated for this solicitation. Offeror shall provide a total of three (3) design-build construction projects that best represent the Offeror’s work experience required on this project, completed within the past seven (7) years from the issuance date of this solicitation, or that are currently ongoing and substantially complete (at least 50% construction progress completed).

Definitions:

Size – A project with a contract value of $3.0M or greater. All submitted project experience must meet this requirement.

Scope – A project in which contemplates the design and construction of site development that includes permits, topographic survey and utilities design and connections.

Complexity – A project which required a level of activities (labor, subcontracting, equipment, materials, management, supervision, etc.) in design and construction efforts that are similar to the level of activities required for this solicitation’s project scope. The offeror’s submitted projects should demonstrate similarity in the interrelated work features required in executing multiple, concurrent design and construction activities. Similarities in features include, but are not limited to architectural, structural, electrical, mechanical design and construction project elements.

2. The information provided will be used to evaluate the relevancy and depth of each Offeror’s experience. Offerors are responsible for providing project descriptions in sufficient detail to permit evaluation of project relevancy to this procurement. The more relevant the experience, the more credit will be given.

3. Offeror experience shall be submitted using Experience Information form (Attachment 11). Experience Information Sheet must be filled out completely.

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

5. Signed Letters of Commitment from any key subcontractors (to include directed subcontractor) (Attachment 07) for all work to be performed under this contract.

6. If more than three (3) projects are submitted, only the first three (3) will be evaluated. If the project is older than seven (7) years, it may be considered less relevant.

7. The Government may contact point(s) of contact to verify project information on the Specialized Experience Information Sheets. Experience provided must be verifiable using the POC provided on Specialized Experience Information Sheets. It is the offeror’s responsibility to ensure contact information listed on the experience form is accurate and current.

EVALUATION CRITERIA PHASE ONE, FACTOR 2 – SPECIALIZED EXPERIENCE: The information provided will be used to evaluate the relevancy and depth of each Offeror’s specialized experience.

· The more recent and relevant experience, the more credit will be given.

· The Government may place greater importance on projects performed as a prime contractor than as a subcontractor, depending upon overall role and relevancy considerations.

· The Government may place greater importance on projects where the offeror and the proposed design firm had worked together, depending upon overall role and relevancy considerations.

· The Government may place greater importance on projects that were performed at an active VA hospital, depending upon overall role and relevancy considerations.

PHASE ONE - FACTOR 3: PAST PERFORMANCE

(No page limit)

1. The offeror shall provide past performance information for each project submitted on Factor 2 – Specialized Experience. If available, copies of a completed Contractor Performance Assessment Reporting System (CPARS) for projects performed for the U.S. Government shall be provided. If the project provided has a CPARS, it must be used by the offeror to demonstrate past performance. If CPARS submission is used to validate past performance, it will be the most recent evaluation in the system (i.e., for projects submitted as completed, the final 100% completed CPARS will be provided). The Government reserves the right to check the Past Performance Information Retrieval System (PPIRS) to verify the accuracy of the CPARS submitted.

2. 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.

3. 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.

4. If the Offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the Offeror shall complete and submit with the proposal the first page of the PPQ, which will provide contract and client information for the respective project(s). (Past Performance Questionnaire (PPQ) – Attachment 13).

5. Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Government’s point of contact ana.alvarado@va.gov. Offerors shall specify which PPQ if any will be submitted by client with a valid and accurate email and telephone number information.

6. Note: 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 from referenced subcontractors (See Attachment 12) authorizing release of their past performance information for this requirement.

7. 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.

EVALUATION CRITERIA PHASE ONE, FACTOR 3 – PAST PERFORMANCE: The Government will perform a performance confidence assessment of the Offeror’s probability of successfully meeting the contract requirements, considering the degree of success of the D/B team’s recent (substantially completed or turned over no longer than seven (7) years from the date of this solicitation), relevant experience. The Government will assess the past performance on projects submitted under the Specialized Experience Factor and reserves the right to conduct telephone interviews with points of contact identified in the proposal and/or to review other recent projects rated in CPARS or other agency performance databases, review and/or contact Offeror-furnished references, or to review personal knowledge. The Government will first assess the relevancy of recent projects accomplished by the offeror to the scope of this contract and consider how well the Offeror performed on the contracts. The Government will consider the currency and relevance of the information, source of the information, context of the data, and general trends in contractor performance. The rating for this factor will be expressed as a degree of confidence in the Offeror’s ability to successfully accomplish the contract requirements.

PHASE ONE EVALUATION AND SELECTION CRITERIA: Factors will be rated using an adjectival rating system. For evaluation purposes, each technical factor is equal in importance.

- - - END OF EVALUATION FACTORS PHASE ONE - - -

PHASE TWO EVALUATION FACTORS

**DO NOT SUBMIT PHASE TWO PROPOSALS UNLESS SPECIFICALLY INSTRUCTED BY THE CO.**

PHASE TWO EVALUATION FACTORS: The evaluation factors for PHASE TWO consist of Factor 1 – Design Concepts and Technical Solution, Factors 2 – Key Personnel, and Factor 3 - Schedule. Each factor shall have equal importance, and when combined are approximately equal to price.

PHASE TWO - FACTOR 1: DESIGN CONCEPTS AND TECHNICAL SOLUTIONS

(20 pages max. excluding schematic)

1. 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.

2. Provide at least one (1) 24 x 36 schematic illustrating your proposed layout but not a detailed design.

3. 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. The description shall include in detail approach to construction safety and infection control.

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

EVALUATION CRITERIA PHASE TWO, FACTOR 1 – DESIGN CONCEPTS AND TECHNICAL SOLUTIONS: Based on the narrative provided, the Government will evaluate the Offeror’s design concepts and technical solution to this design build project. The Government will evaluate the strengths, weaknesses, and deficiencies, if any, and assign one combined technical and risk rating for this factor. All requirements in this factor shall be met by the closing date of Phase Two submission

PHASE TWO – FACTOR 2: KEY PERSONNEL

(40 pages max. excluding Commitment for Key Personnel letters)

1. Identify key personnel to be assigned to the project, to include principal managers, designers of record, and technical personnel, prime contractor’s project manager (responsible for design and construction), onsite supervisor with overall site responsibility, superintendent of the contractor's own forces, manager of subcontracts, quality control manager and the project scheduler who will be directly responsible for the day-to-day design and construction activities.

2. Provide biographical data for key personnel for both the design and build portions of the work (Refer to Key Personnel Resume Form – Attachment 10). Biographical data shall include name of individual, company position/title, years with the company, name of the company, work, and educational background (degree(s)/Year/Specialization), Active registration (if any) number and state, type of registration (P.E., LEED, etc.) and position that the individual will hold regarding this contract and describe key personnel specific experience and qualifications relevant to this project along with a completed Letter of Commitment for Key Personnel (Attachment 08).

3. The personnel shall have the experience and technical competence in the type of work required for this project including, where appropriate, experience in energy conservation, pollution prevention, waste reduction, and the use of recovered materials.

4. The personnel experience list of projects must include project name, location, brief description, and responsibilities.

5. Provide unequivocal letters of commitment from all proposed key personnel not currently employed by the team members.

EVALUATION CRITERIA PHASE TWO, FACTOR 2 – KEY PERSONNEL: The Government will evaluate the strengths, weaknesses, and any deficiencies, if any in the Key Personnel to successfully execute the project and assign one combined technical and risk rating for this factor. All requirements for this factor shall be met by the closing date of Phase Two submission.

PHASE TWO - FACTOR 3: SCHEDULE

(No page limit)

1. The offeror must submit a detailed project schedule (including all project stages) to demonstrate an efficient project planning for the works being procured. The offeror must provide detailed description of how the DB‐Team plans to execute the project with the project established period of performance. Discuss in a narrative a proposed approach for ensuring the project stays on schedule.

2. The schedule should show the critical paths of installation from beginning to end. Schedule shall be structured in calendar days. The (CPM) Critical Path Method schedule for the design and construction shall be in accordance with SECTION NO.: 01 32 16 17 – PROJECT SCHEDULES – Design Build.

3. The project will start at the issuance of the Notice to Proceed. For scheduling purposes, assume the Notice to Proceed will be issued thirty (30) calendar days after the award date. (Note that there is no guarantee the Notice to Proceed will be issued within this timeframe.)

EVALUATION CRITERIA PHASE TWO, FACTOR 3 – SCHEDULE: The Government will evaluate and use as an aid to help determine that the Offeror understands and can perform all of the required elements to complete the project timely with limited impact, to the greatest extent possible, to the Medical Center.

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