36C25518R0074-002.docx

36C25518R0074

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.

36C25518R0074 X 03-16-2018 589-401 36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth

KS

66048 Y Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth

KS

66048 Mathena, Jeanette 913-946-1129 The Department of Veteran Affairs, NCO 15, intends to award a Construction Contract for project 589-401, Expand Parking Garage located at the Harry S. Truman VA Medical Center, Columbia, MO.

This project is being solicited as FULL AND OPEN COMPETITION.

Proposals received in response to this solicitation will be evaluated in accordance with procedures outlined in the the Federal Acquisition Regulation (FAR) Part 15.101-2 Best Value Lowest Price Technically Acceptable (LPTA) source selection process.

Those offerors not providing the documentation outlined in the "Instructions to Offerors" will be deemed non-responsive to the terms of the solicitation.

The NAICS code for this project is 238120 Structural Steel and Precast Concrete Contractors.

Estimate of construction magnitude for this project is between: $5 to $10 MILLION.

There will be one site visit for this project. The site visit is scheduled for March 26, 2018 at 10:30 am CST.

All questions pertaining to this project are due by 4:00 PMCST on March 30, 2018.

Provide Contractor Duns Number: __________________________

Contractors working on this project are exempt from state sales tax, and a project exemption certificate will be issued upon award of this contract.

Note: The term offer and Bid are interchangeable.

**HAND DELIVERED PROPOSALS MUST BE DELIVERED TO: DEPARTMENT OF VETERAN AFFAIRS, NETWORK CONTRACTING OFFICE ( NCO ) 15 ATTN: JEANETTE MATHENA, 3450 S. 4th STREET, LEAVENWORTH, KANSAS 66048. CALL ONE OF THE FOLLOWING NUMBERS FOR PROPOSAL

DOCUMENTS TO BE RECEIVED UPON ARRIVAL: 913-946-1129, 913-946-1126, 913-1125.

A single award will be made on on Bid item 1, but in the event the bid exceeds the funds available a single award will be made to one of deduct items 2 - 6. Bid items 7-9 will be awarded to provide unit pricing.

All contractors and joint ventures must be registered in SAMS by the proposal due date in order to be eligible for award.

NOTICE: Clause 52.222-37 Employment Reports on Disabled Veterans and Veterans is incorporated by reference in this solicitation. Public Law (P.L. 105-339), Section 1354 provides that no agency may enter into a contract with a contractor who has not filed a VETS-4212 report for the preceeding fiscal year under Title 38 Section 4212 (d).

Prime contractor is required to complete 15% of the total amount of the work to be performed under the contract per

FAR 52.236-1

Period of Performance for construction will vary depending on BID item awarded.

The period of performance is indicated for each respective bid item on pages 3-5.

X X 52.211-10 X one DVD

2:00PM CST

04-30-2018 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

BID ITEMS ARE LISTED ON PAGES 3-5

Make sure ALL BID ITEM PRICING ON PAGES 3-5 are filled out and submitted with proposal.

36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth

KS

66048 36C255 Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp Austin

TX

877-353-9791 512-460-5429

A.1BID ITEMS – EXPAND PARKING STRUCTURE

BID ITEM(S)

A. BID ITEM 1 (BASE BID): Work includes general construction of a new 694 stall parking garage to be constructed as an expansion of an existing garage, repaving and/or or resurfacing of portions of the existing surface parking lot that remains, including alterations, roads, walks, grading, drainage, mechanical and electrical work, utility systems, and necessary removal of existing structures and construction and certain other items as defined in the drawings and specifications. Period of Performance for this bid item shall be 480 calendar days. (SEE GENERAL REQUIREMENTS SPECIFICATION SECTION 01 00 00, 1.3 STATEMENT OF BID ITEMS).

BID ITEM 1: $_____________________________

B. BID ITEM 2 (DEDUCT 1): Includes everything in Bid Item 1(Base Bid) with the exception of constructing the top floor (third elevated deck) of the southernmost bay as identified on sheet S-002 of the drawings. Period of Performance for this bid item shall be 480 calendar days. (SEE GENERAL REQUIREMENTS SPECIFICATION SECTION 01 00 00, 1.3 STATEMENT OF BID ITEMS).

BID ITEM 2: $____________________________

C. BID ITEM 3 (DEDUCT #2): Includes everything in Bid Item 2 with the exception of constructing the second elevated deck of the southernmost bay as identified on sheet S-002 of the drawings. Period of performance for this bid item shall be 480 calendar days. (SEE GENERAL REQUIREMENTS SPECIFICATION SECTION 01 00 00, 1.3 STATEMENT OF BID ITEMS).

BID ITEM 3: $____________________________

D. BID ITEM 4 (DEDUCT #3): Includes everything in Bid Item 3 with the exception of constructing the first elevated deck of the southernmost bay as identified on sheet S-002 of the drawings such that surface parking only shall remain at the location of the 3rd bay. Period of performance for this bid item shall be 440 calendar days. (SEE GENERAL REQUIREMENTS SPECIFICATION SECTION 01 00 00, 1.3 STATEMENT OF BID ITEMS).

BID ITEM 4: $___________________________

E. BID ITEM 5 (DEDUCT #4): Includes everything in Bid Item 4 with the exception of constructing the top floor (third elevated deck) of the middle bay as identified on sheet S-003 of the drawings. Period of performance for this bid item shall be 440 calendar days. (SEE GENERAL REQUIREMENTS SPECIFICATION SECTION 01 00 00, 1.3 STATEMENT OF BID ITEMS).

BID ITEM 5: $_____________________________

F. BID ITEM 6 (DEDUCT #5): Includes everything in Bid Item 5 with the exception of constructing the top floor (third elevated deck) of the northernmost bay as identified on sheet S-003 of the drawings. Period of performance for this bid item shall be 440 calendar days. (SEE GENERAL REQUIREMENTS SPECIFICATION SECTION 01 00 00, 1.3 STATEMENT OF BID ITEMS).

BID ITEM 6 :_______________________________

G. BID ITEM 7: Provide unit pricing (price per cubic yard) for additions and deletions of excavated material in drilled caissons. Classifications listed below are defined in specification section 31 63 26, 1.5, paragraph A: (SEE GENERAL REQUIREMENTS SPECIFICATION SECTION 01 00 00, 1.3 STATEMENT OF BID ITEMS).

1) Soil/Fill Add: $__________________

2) Soil/Fill Delete: $____________________

3) Soil/Soft Rock Add: $__________________________

4) Soil/Soft Rock Delete: $___________________________

5) Hard Rock Add: $____________________________

6) Hard Rock Delete: $__________________________

H. BID ITEM 8: Provide unit pricing (price per ton) for additional steel that may be required for additional pier depths as defined in specification section 31 63 26, 1.4, par. A, (3). (SEE GENERAL REQUIREMENTS SPECIFICATION SECTION 01 00 00, 1.3 STATEMENT OF BID ITEMS).

BID ITEM 8: $________________________

I. BID ITEM 9: Provide unit pricing (price per ton) for additional steel that may be required for cast in place concrete as defined in specification section 03 30 00, 2.2, par. A. (SEE GENERAL REQUIREMENTS SPECIFICATION SECTION 01 00 00, 1.3 STATEMENT OF BID ITEMS).

BID ITEM 9: $_________________________

Table of Contents

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

1.1 PROPOSAL SUBMITTAL INSTRUCTIONS – EXPAND PARKING GARAGE

PROPOSAL SUBMITTAL INSTRUCTIONS – EXPAND PARKING GARAGE

PROPOSAL SUBMITTAL INSTRUCTIONS FOR LOWEST PRICE TECHNICALLY ACCEPTABLE COMPETITION

SOLICITATION: 36C25518R0074

PROJECT: Expand Parking Garage, 589-401 LOCATION: Department of Veteran Affairs, Columbia, Missouri VAMC

1. PREPARATION AND SUBMITTAL OF PROPOSALS

a. GENERAL INFORMATION.

Selection of an offeror for contract award will be made on the basis of an assessment of each offeror’s response to the Request for Proposal (RFP). As a Request for Proposals (RFP) based on Lowest Price Technically Acceptable (LPTA) Source Selection Process, in accordance with Federal Acquisition Regulation (FAR) Part 15.101-2, the VA will make the award based on the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-price factors. The Six (6) non-price evaluation factors for determination of technical acceptability consist of:

NOTE: Failure to comply with the RFP requirements will be grounds to eliminate the proposal from further consideration for contract award.

b. THE OFFER.

The submission of the documentation specified below will constitute the Offeror’s acceptance of the terms and conditions of the RFP, including the Plans & Specifications for the construction of this project. These instructions prescribe the format for the proposal, and describe the approach for the development and presentation of proposal data. These instructions are designed to ensure the submission of necessary information to provide for the understanding and comprehensive evaluation of proposals.

c. AWARD BASED ON INITIAL OFFERS.

Pursuant to clause 52.215-1 (included by reference), the Government intends to evaluate proposals and award a contract without discussions with offerors (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 qualifications standpoint. The VA reserves the right to conduct discussions if the Contracting Officer later determines such discussions to be necessary.

d. NUMBER OF COPIES TO SUBMIT. Offerors shall submit a SINGLE PACKAGE to the address shown in Block 8 of the Standard Form 1442. The package shall include:

(a) One (1) Envelope, Marked:

ORIGINAL - RESPONSE TO RFP – 36C25518R0074

589-401 – Expand Parking Garage – Columbia VAMC This envelope is to contain the signed original copy of the documents listed below and one DVD containing complete Technical and Construction proposal;

2. DOCUMENTS TO SUBMIT.

The original documents to be included in the envelope identified above consist of:

The following Evaluation Factors will be used as the basis for determining Technical Acceptability:

1. Relevant Past Performance of Prime Contractor;

NOTE: There is a realistic possibility that some offerors may choose to submit the same construction project as a qualifying example for both the past performance and the technical experience evaluation factors. This is not prohibited, but the supporting documentation must demonstrate that the submitted projects absolutely do comply with the specific minimal requirements, identified below, for each separate evaluation factor.

FACTOR 1: RELEVANT PAST PERFORMANCE OF PRIME CONTRACTOR.

To facilitate evaluation of relevant past performance, Offerors should identify no less than ONE (1), and no more than THREE (3), previously-awarded, and completed construction contracts, which were issued by either: Federal, State, or Local Government Agencies; and/or Private Organizations. To be evaluated as Relevant Past Performance, the construction contracts submitted by offerors must reflect:

A. Offeror performed as a General/Prime contractor on a parking garage project where the parking garage portion of the contract was equal to, or greater than $5,000,000.00;

B. Work that was 100% completed within a time period of no more than FIVE (5) years prior to the date of submitting this proposal. If the contract/work is incomplete, or was completed more than five years prior to the date of submitting this proposal, it will not be deemed relevant and not considered.

C. To be considered Technically Acceptable, relevant past performance must be rated satisfactory or better by the project agency.

For each of the submitted Relevant Past Performance contracts, provide the following information:

Factor 1 SPECIAL NOTE 1 for Offerors That May Lack Past Performance Information: In accordance with FAR Part 15.305(a)(2), in the case of an offeror that is 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. Such offerors may submit relevant past performance information regarding: predecessor companies; key personnel who have relevant experience. Provided that such information is relevant to the construction in this solicitation.

Factor 1 SPECIAL: NOTE 2 for Offerors that have Past Performance: Offerors may provide information on problems encountered on the identified contracts and the offeror’s corrective actions. The government also reserves the right to consider past performance information from all available sources, in addition to any information submitted by offerors.

FACTOR 2: TECHNICAL CONSTRUCTION EXPERIENCE.

To be Technically Acceptable, offerors must provide evidence that they have the technical qualifications and experience needed to meet the technical performance requirements of this project. Offerors must submit no less than TWO (2) examples of their successful technical construction experience with projects that involved technical requirements similar to the requirements of this project. The construction projects submitted must involve:

FACTOR 3. TECHNICAL QUALIFICATIONS OF PROPOSED KEY STAFFING.

To determine whether an offeror’s proposed staff has the technical qualifications that make them Acceptable, qualified offerors must submit a detailed resume of each key individual. This will be evaluated to determine if they have the appropriate technical training and or previous construction experience to meet the technical requirements of a project of this nature. No one individual can perform more than two of the key staffing positions below:

(a) Project Manager – Must have a minimum of 5 years of experience as a project manager and must provide a minimum of 3 projects with similar scope to this project. Provide the name of the construction contract, and the contract ID number; The name of the contracting agency or organization the contract was awarded by; The date of the construction contract award and the contract award amount in dollars; The date of the construction contract completion, and the final contract amount, in dollars; A brief description of the construction contract scope of work; Identification of at least one point-of-contact at the organization that awarded the submitted contract, including: the name of the point-of-contact; their current mailing address; phone number; and email address (if applicable).

(b) Quality Control Manager –Provide a minimum of 3 projects with similar scope of this project that they have acted as the QC manager. Provide the name of the construction contract, and the contract ID number; the name of the contracting agency or organization the contract was awarded by; and The date of the construction contract award. A brief description of the construction contract scope of work and the QC program that was implemented.; Identify at least one point-of-contact at the organization that awarded the submitted contract, including: the name of the point-of-contact; their current mailing address; phone number; and email address (if applicable).

(c) Safety Officer – Must provide a list of safety training completed by the safety officer, which includes at a minimum; life safety, excavation safety, scaffold safety, OSHA 30, fall protection training, crane/rigging safety; must have a minimum of 5 years of experience as a safety officer. Provide a minimum of 3 projects with similar scope of this project. Provide the name of the construction contract, and the contract ID number; The name of the contracting agency or organization the contract was awarded by; Provide a brief description of the construction contract scope of work and how the safety program was implemented; Identify at least one point-of-contact at the organization that awarded the submitted contract, including: the name of the point-of-contact; their current mailing address; phone number; and email address (if applicable).

(d) Site Superintendent – Must have minimum of 5 years of experience as a site superintendent and must have OSHA 30 training. Provide at least 3 projects as a site superintendent with similar scope of this project. Provide the name of the construction contract, and the contract ID number; The name of the contracting agency or organization the contract was awarded by; The date of the construction contract award and the contract award amount in dollars; The date of the construction contract completion, and the final contract amount, in dollars; A brief description of the construction contract scope of work; and Identification of at least one point-of-contact at the organization that awarded the submitted contract, including: the name of the point-of-contact; their current mailing address; phone number; and email address (if applicable).

Special Note: During the period of performance of the Contract, the Contractor shall make NO substitutions of the Key Staffing unless the substitution is necessitated by illness, death, or termination of employment. The contractor shall notify the contracting officer, in writing within five (5) calendar days after the occurrence of any of these events. Any replacement of Key Staffing shall have equal or better qualifications, subject to the approval by the contracting officer.

FACTOR 4: Technical Experience specifically related to Pre-cast Concrete contractor.

Offerors must provide evidence that the Pre-cast Concrete work the offeror must provide, whether self-performed by the prime or subcontracted, will be performed by a contractor that has the technical qualifications and experience needed to meet the technical performance requirements of this project relating to pre-cast concrete. If prime contractor self performs part or all pre-cast concrete work, identify what work is self-performed and what is subcontracted. To be determined technically acceptable under this factor, the information submitted by offerors must involve/demonstrate the following:

FACTOR 6: PROVIDE CONTRACTOR SAFETY PLAN

Offerors must provide a construction safety plan:

FACTOR 7: SMALL BUSINESS CONSIDERATIONS:

1. To be Technically Acceptable all offerors must identify their business classification within technical proposal : Large, Small Business, Women Owned, SDB, Hub-zone, VOSB, SDVOSB, etc.(only Hub-zone contractors have price preference in accordance with included FAR clause 52.219-4.)

2. Large Businesses must submit with their proposal their Subcontracting Plan (Individual Contract Plan) for this project. (SMALL BUSINESSES DO NOT SUBMIT SUBCONTRACTING PLANS.) See Appendix A – ”Subcontracting Plan Model” immediately following the Proposal Submittal Instructions, which is required to be used as the offerors’son Subcontracting Plan. Large Businesses will not be eligible for award if they fail to submit an acceptable Subcontracting Plan. The subcontracting Plan must list the small businesses to be considered in the evaluation of this factor.

Below are the VA established Subcontracting Goals:

(These goals do not have to be met, however the subcontracting plan shall be determined acceptable based on FAR clause 19.705-4 (d) listed below:

FAR 19.705-4 (d)

(d) In determining the acceptability of a proposed subcontracting plan, the contracting officer should take the following actions:

(1) Obtain information available from the cognizant contract administration office, as provided for in 19.706(a), and evaluate the offeror’s past performance in awarding subcontracts for the same or similar products or services to small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns. If information is not available on a specific type of product or service, evaluate the offeror’s overall past performance and consider the performance of other contractors on similar efforts.

(2) In accordance with 15 U.S.C. 637(d)(4)(F)(iii), ensure that the goals offered are attainable in relation to --

(i) The subcontracting opportunities available to the contractor, commensurate with the efficient and economical performance of the contract;

(ii) The pool of eligible subcontractors available to fulfill the subcontracting opportunities; and

(iii) The actual performance of such contractor in fulfilling the subcontracting goals specified in prior plans.

(3) Ensure that the subcontracting goals are consistent with the offeror’s certified cost or pricing data or data other than certified cost or pricing data.

(4) Evaluate the offeror’s make-or-buy policy or program to ensure that it does not conflict with the offeror’s proposed subcontracting plan and is in the Government’s interest. If the contract involves products or services that are particularly specialized or not generally available in the commercial market, consider the offeror’s current capacity to perform the work and the possibility of reduced subcontracting opportunities.

(5) Evaluate subcontracting potential, considering the offeror’s make-or-buy policies or programs, the nature of the supplies or services to be subcontracted, the known availability of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns in the geographical area where the work will be performed, and the potential contractor’s long-standing contractual relationship with its suppliers.

(6) Advise the offeror of available sources of information on potential small business, veteran-owned small business, service-disabled veteran-owned small business, HUB Zone small business, small disadvantaged business, and women-owned small business subcontractors, as well as any specific concerns known to be potential subcontractors. If the offeror’s proposed goals are questionable, the contracting officer must emphasize that the information should be used to develop realistic and acceptable goals.

(7) Obtain advice and recommendations from the SBA procurement center representative (or, if a procurement center representative is not assigned, see 19.402(a)) and the agency small business specialist.

Note: It is intended that award will be made on bid item 1 and unit pricing 7-9; however, should bids on bid item 1 and unit pricing 7-9 exceed the funds available, award will be made to one of the BID items 2-6 and unit pricing 7-9 within the limitations of available funding.

3. BASIS OF AWARD.

VA will make the award based on the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-price factors. Note that offers that are not technically acceptable cannot be selected, regardless of price.

4. Special Contract Requirements

SUBSTITUTIONS OF SUBCONTRACTORS AND / OR KEY PERSONNEL

1. When an offeror submits its proposal in response to this Request For Proposals, and key personnel who are proposed to work on the project are required to be submitted, those personnel who are offered will be the same personnel who will actually perform on the project. If, during performance of the contract, it becomes necessary for the contractor to substitute personnel for one of those whose qualifications were the basis for evaluation of the offer and award of the contract, the contractor shall submit to the Contracting Officer the same information that was required in the initial proposal regarding the proposed substitute employee. The Contracting Officer shall have the right to review the qualifications of the proposed substitute employee and to approve or disapprove his or her qualifications. If the proposed substitute employee's qualifications are disapproved by the Contracting Officer, the contractor will propose another employee who does possess equivalent qualifications.

2. When an offeror submits its proposal in response to this Request For Proposals, and the name and experience of a specific subcontractor is a required evaluation factor, then that subcontractor who is offered will be the same subcontractor who will actually perform the specified work on the project. If, during performance of the contract, it becomes necessary for the contractor to substitute a subcontractor for one of those whose qualifications were the basis for evaluation of the offer and award of the contract, the contractor shall submit to the Contracting Officer the same information that was required in the initial proposal regarding the proposed substitute subcontractor. The Contracting Officer shall have the right to review the qualifications of the proposed substitute subcontractor and to approve or disapprove its qualifications. If the proposed substitute subcontractor's qualifications are disapproved by the Contracting Officer, the contractor will propose another subcontractor who does possess equivalent qualifications.

5. ADDITIONAL PRIME CONTRACTOR SAFETY OR ENVIRONMENTAL VIOLATIONS AND EXPERIENCE MODIFICATION RATE See Appendix C – Contractor Certification Regarding Safety and Environmental

1.) All Bidders/Offerors shall submit the following information pertaining to their past Safety and Environmental record see Appendix C. The information shall contain, at a minimum, a certification that the bidder/offeror has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or any EPA violation(s) in the past three years.

All Bidders/Offerors shall submit information regarding their current Experience Modification Rate (EMR) equal to or less than 1.0. This information shall be obtained from the bidder’s/offeror’s insurance company and be furnished on the insurance carrier’s letterhead.

Self- insured contractors or other contractors that cannot provide their EMR rating on insurance letterhead must obtain a rating from the National Council on Compensation Insurance, Inc. (NCCI) by completing/submitting form ERM-6 and providing the rating on letterhead from NCCI. Note: Self- insured contractors or other contractors that cannot provide EMR rating on insurance letterhead from the states or territories of CA, DE, MI, NJ, ND, OH, PA, WA, WY, and PR shall obtain their EMR rating from their state run worker’s compensation insurance rating bureau.

A Determination of Responsibility will be accomplished for the apparent awardee prior to processing the award. The above information, along with other information obtained from Government systems, such as the OSHA and EPA online inspection history databases will be used to make the Determination of Responsibility. Failure to affirm being within the guidelines above or submit this information will result in a determination of “Non-Responsibility” for the bidder/offeror. NOTE: Any information received by the Government that would cause for a negative Determination of Responsibility will make the bidder/offeror ineligible for award.

This requirement is applicable to all subcontracting tiers, and prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors.

1.2 APPENDIX A- SUBCONTRACTING PLAN MODEL

U.S. Department of Veterans Affairs (VA) Office of Small and Disadvantaged Business Utilization (00SB) Subcontracting Plan Model February 2012

In accordance with FAR 19.704, 52.219 and P.L. 109-461

Prime Contractor:

Address:

City: State: Zipcode:

Solicitation/Contract Number:

Description of Requirement:

Total Contract Amount (Including Option Years): $ Period of Contract Performance Including Option Years (Month and Year):

Activity Awarding Contract:

Contracting Officer Name:

Prime Contractor is:

Prime Contractor (Please check if you are):

[ ] Manufacturer [ ] Distributor [ ] Manufacturer/Distributor

Type of Plan (Check One)

___Commercial Plan - means a subcontracting plan (including goals) that covers the offeror’s fiscal year and that applies to the entire production of commercial items sold by either the entire company or a portion thereof (e.g., division, plant, or product line).

(Represents ______% of Total Annual Sales)

____Individual Plan - means a subcontracting plan that covers the entire contract period (including option periods), applies to a specific contract, and has goals that are based on the offeror’s planned subcontracting in support of the specific contract, except that indirect costs incurred for common or joint purposes may be allocated on a prorated basis to the contract.

1 - 2. GOALS - Please state separate dollar and percentage goals for Small Business (including Alaska Native Corporation’s (ANCs)); Service-Disabled Veteran-Owned Small Business, Veteran-Owned Small Business; Small Disadvantaged, Women-Owned, and Historically Underutilized Business Zone (HUBZone) Business Concerns.

QUESTION: What level of subcontracting tier counts towards the prime contractor subcontracting plan goals?” Example: The prime subcontracts to a large business at a value of $5.0 mil. The subcontracted large business then, subcontract to a VOSB for $1.5mil. Does this 2nd tier subcontract amount count towards the prime contractor’s subcontracting goals?

ANSWER: FAR 52.219-9(l): The Contractor shall submit ISRs and SSRs using the web-based eSRS at http://www.esrs.gov. Purchases from a corporation, company, or subdivision that is an affiliate of the prime contractor or subcontractor are not included in these reports. Subcontract award data reported by Prime contractors and subcontractors shall be limited to awards made to their immediate next-tier subcontractors. Credit cannot be taken for awards made to lower tier subcontractors, unless the contractor or subcontractor has been designated to receive a small business or small disadvantaged business credit from an ANC or Indian tribe. Only direct subcontracting can be counted. For instance, the prime contractor can only count what it directly subcontracts. If the prime contractor subcontracts to a LB over $650,000 and there is flow down subcontracting plan, this LB subcontractor can only count who they directly subcontract too.

NOTE: VA’s required percentage goals are shown below. “Zero” percent value for goals or “N/A” are unacceptable. Goals and percentages must be rounded to the nearst dollar and tenth of a percent. Example of how to calculate the goals:

If percentage goals below are lower than example above, please submit justification as to why.

Please enter the information listed below:

Total dollars to be subcontracted: $____________________________

Total dollars to be subcontracted to Small Business (SB) (including Alaska Native Corporation’s (ANCs) and Indian tribes):

Total dollars to be subcontracted to Service-Disabled Veteran-Owned Small Business (SDVOSB) – P.L. 109-461 signed by the President December 22, 2006.

Goal shall not be less than 3.0%. NOTE: In accordance with VA Acquisition Regulations 852.219-9(d): To be credited toward goal achievements, businesses must be Verified as eligible in the Vendor Information Pages database. The contractor shall annually submit a listing of Service-Disabled Veteran-Owned Small Businesses and Veteran-Owned Small Businesses for which credit toward goal achievement is to be applied for the review of personnel in the Office of Small and Disadvantaged Business Utilization.

Total dollars to be subcontracted to Veteran-Owned Small Business (VOSB) – P.L. 109-461 signed by the President December 22, 2006. Goal shall not be less than the 7.0% as mandated by the Secretary, Department of Veterans Affairs. Goal shall not be less than the 7.0% as mandated by the Secretary, Department of Veterans Affairs: NOTE: In accordance with VA Acquisition Regulations 852.219-9(d): To be credited toward goal achievements, businesses must be Verified as eligible in the Vendor Information Pages database. The contractor shall annually submit a listing of Service-Disabled Veteran-Owned Small Businesses and Veteran-Owned Small Businesses for which credit toward goal achievement is to be applied for the review of personnel in the Office of Small and Disadvantaged Business Utilization.

Total dollars to be subcontracted to Small Disadvantaged Business (SDB) (including Alaska Native Corporation’s (ANCs) and Indian tribes):

Total dollars to be subcontracted to Women-Owned Small Business (WOSB):

Total dollars to be subcontracted to HUBZone Small Business Concerns:

Total dollars to be subcontracted to Large Business:

3. Provide a description of the principal types of supplies and services to be subcontracted under this contract, and an identification of the types planned for subcontracting to small (including ANCs and Indian tribes), Service-Disabled Veteran-Owned and Veteran-Owned Small Business concerns), Small Disadvantaged (including ANCs and Indian tribes), Women-Owned, HUBZone Business.

You must identify the products/services to be subcontracted in each category.