36C25518R0298-003.docx

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.

36C25518R0298 X 03-15-2018 589A5-15-115 00255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Leavenworth KS 66048 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Leavenworth KS 66048 Welch, Glen 913-946-1130 THIS PROCUREMENT IS A SERVICE DISABLED VETERAN OWNED SMALL BUSINESS SET-ASIDE ACQUISITION The Department of Veterans Affairs, NCO 15, intends to award a Construction contract for project 589A5-15-115.

NAICS CODE = 236220

SMALL BUSINESS SIZE: $36,500,000.00

NAICS CODE: 236220

PROJECT DESCRIPTION: Contractor shall complete renovation of the existing Emergency Department, entrance vestibules, drop-off canopies, and decontamination room, and demolition of an existing stair with installation of a new stair from basement to second floor in a new location. Provide all materials and perform work as required by the attached drawings and specifications for Project #589A5-15-115 at the Topeka, KS VAMC. Period of performance is 365 days.

NOTES:

1) Failure to provide all documentation required by this solicitation may be grounds to deem your offer nonresponsive.

2) The contractor's price must be determined to be Fair and Reasonable IAW FAR 15.002(a).

3.) A single award will be made on Bid Item 1, but in the event the bids exceed the funds available, a single award will be made on Bid Item 2 through 3 in descending order of priority, based on availability of funding.

Bidders must submit a price on each bid item.

4.) Contractors performing work at this facility are exempt from sales tax as specified on exemption certificate.

A project tax exemption certificate (Kansas) will be issued upon NTP.

5.) There will only be one organized pre-proposal site visit Wednesday March 28, 2018 at 9:00 AM, Topeka, KS VAMC, Hawley West Conference Room C114, 2200 Gage Blvd., Topeka, KS 66622.

Contractors are highly encouraged to attend the pre-bid site visit to fully understand their potential responsibility.

All questions shall be submitted in writing to glen.welch@va.gov no later than 04-04-2018.

6.) Proposals must be submitted to the address in block 8 as well as an email copy to glen.welch@va.gov.

X X 52.211-10 X

NO

2:00 PM CST

04-16-2018 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

** SEE SPECIFICATION SECTION 01 00 00 FOR

BID ITEM(S) DESCRIPTION(S)**

**PRICE IS TO BE SUBMITTED ON PAGE 3 OF THIS SOLICITATION**

00255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Leavenworth KS 66048 Department of Veterans Affairs Financial Services Center Http://www.fsc.va.gov/einvoice.asp Austin, TX

877-353-9791 512-460-5429 X

DR. GLEN WELCH

CONTRACTING OFFICER

**SEE SPECIFICATION SECTION 01 00 00 1.3 FOR BID ITEM(S) DESCRIPTION(S) **

BID ITEM #1 (BASE BID) - (POP – 365 days) $ All scope communicated in the drawings and specifications which includes the complete renovation of the existing Emergency Department, entrance vestibules, drop-off canopies, and decontamination room, and demolition of an existing stair with installation of a new stair from basement to second floor in a new location.

BID ITEM #2 (Deductive Alternate 1) – (POP – 365 days) $ All work in Bid Item 1 with the following exceptions: Omit all scope related to the drop-off canopies at the new entrance vestibules. Refer to the drawings for additional information. New canopy at door AC104A shall remain within the scope of this Bid Item.

BID ITEM #3 (Deductive Alternate 2) – (POP – 365 days) $ All work in Bid Item 1 with the following exceptions: Omit all interior signage on project with the exception of signage for toilet rooms. Exterior signage shall remain within the scope of this bid item. Omit scope related to patient lift systems in all rooms. If this bid item is accepted, contractor will not be responsible to provide or install the patient lift systems or any associated above-ceiling substructure. Associated electrical circuits to power the lift systems shall NOT be omitted and shall remain within the scope of this bid item.

THE GOVERNMENT RESERVES THE RIGHT TO AWARD EITHER LINE ITEM 1, or 2, or 3. Offerors must provide a price for each bid item. In addition, offerors shall include a breakdown of material and labor costs, by specification division for each bid item. Overhead, profit and bond costs shall be added after a subtotal of materials and labor costs has been calculated. Period of performance is a total of 365 days including Bid Items 1, or 2, or 3.

Table of Contents

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

PROJECT SPECIFIC INFORMATION

PROJECT TITLE AND NO: Upgrade Emergency Department-Topeka, Project Number 589A5-15-115

PROJECT LOCATION: Department of Veteran Affairs, 2200 Gage Blvd, Topeka, Kansas 66622

MAGNITUDE OF PROJECT: Between $2,000,000 and $5,000,000 (VAAR 836.204)

TYPE CONSTRUCTION:

· NAICS: 236220, Commercial and Institutional Building Construction

· Small Business Size: $36.5 Million

PERFORMANCE PERIOD: The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use no later than the respective time period reflected below. The time stated for completion shall include final cleanup of the premises.

Bid Item 1 (Base Bid)- 365 Calendar Days Bid Item 2 Deductive Alternate 1: 365 calendar days Bid Item 3 Deductive Alternate 2: 365 calendar days

SITE VISIT: A site visit will be conducted on: Wednesday, March 28, 2018, 9:00 AM CST.

Location: Hawley West Conference Room C114 at the Topeka, Kansas VAMC.

BID GUARANTEE

A bid guarantee is required in an amount not less than 20 percent of the bid price but shall not exceed $3,000,000. Failure to furnish a photocopy of the original bid guarantee in the proper form and amount, by the time set for opening of bids, will require rejection of the bid in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then. Bidders shall provide an original bid guarantee within two business days after notification by the Contracting Office.

PERFORMANCE & PAYMENT BONDS: In accordance with FAR 28.102-1 and Contract Clause 52.228-15, Contractors are reminded that any amount awarded over $30,000 shall require Payment Protection (Bonds) (See Clause 52.228-13), and awards exceeding $150,000 shall require both Payment and Performance Bonds. All bonds are due no later than 10 days after award.

AFFIRMATIVE ACTION GOALS AND GEOGRAPHICAL AREA (reference 52.222-23):

Goals for Minority Participation for each trade: 12.7% Goal for Female Participation for each trade: 6.9% The Geographical covered area for this solicitation (project) is Topeka, KS

LIQUIDATED DAMAGES: (__) YES or (_X_) NO (reference Contract Clause 52.211-12) Amount Per Day: _____NA_______

WARRANTY OF CONSTRUCTION FOR GUARANTEE PERIOD SERVICES: ( ) YES or (X) NO (reference VAAR 852.246-75).

RESTRICTION ON SUBMISSION AND USE OF EQUAL PRODUCTS: ( ) YES or (X) NO (reference VAAR 852.236-90)

METRIC PRODUCTS: Products manufactured to metric dimensions will be considered on an equal basis with those manufactured using inch/pound units, providing they fall within the tolerances specified using conversion tables contained in the latest revision of Federal Standard No. 376B, and all other requirements of this document are met. If a product is manufactured to metric dimensions and those dimensions exceed the tolerances specified in the inch/pound units, a request should be made to the contracting officer to determine if the product is acceptable. The contracting officer, in concert with the Contracting Officer’s Representative, will accept or reject the product, (reference VA Handbook 0100, Metrics).

WAGE DETERMINATION APPLICABLE TO THIS PROJECT:

General Decision Number: KS180063 01/05/2018 KS63

PROPOSAL DUE DATE: Monday April 16, 2018 2:00 PM CST. (Submit pricing and all documentation through the vendor portal)

PROPOSAL SUBMITTAL CONTENTS SHALL INCLUDE:

· Signed copy of the SF1442 (front and back) with amendments

· Volume 1 Technical Proposal

· Volume 2 Price Proposal

· Cost Summary Sheet

· 52.209-5 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION) (MARCH 2012)

· Calculation Worksheet for Self-Performed and Subcontracted Work

· Contractor Certification Regarding Safety and Environmental

· Bid Bond (Photo Copy)

· Any other information called out by this request for proposal documents.

BASIS FOR AWARD: Lowest Price Technically Acceptable.

SAFETY OR ENVIRONMENTAL VIOLATIONS AND EXPERIENCE MODIFICATION RATE

All Bidders/Offerors shall submit the following information pertaining to their past Safety and Environmental record. 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.

PROPOSAL SUBMITTAL INSTRUCTIONS

FOR LOWEST PRICE TECHNICALLY ACCEPTABLE COMPETITION

SOLICITATION: 36C25518R0298

PROJECT: 589A5-15-115: UPGRADE EMERGENCY DEPARTMENT-TOPEKA

LOCATION: Department of Veteran Affairs, Colmery-O’Neil VA Medical Center, 2200 SW Gage Blvd., Topeka, KS 66622.

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-cost factors. The Five (5) evaluation factors for determination of technical acceptability consist of:

NOTE: Failure to comply with the RFP requirements will raise serious questions regarding an Offeror’s technical ability to perform the services and may 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 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 cost or 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 36C25518R0298

589A5-15-115 – Upgrade Emergency Department – VAMC – TOPEKA, KANSAS This envelope is to contain the signed original copy (1) of the documents listed below; and one electronic copy on a CD. Files must be readable using Microsoft Office 2007, Work, Excel, PowerPoint, PDF, or Access. Scanner resolutions must be set at least 200 dots per inch (dpi) when submitting files in Adobe PDF. If submitting in PDF, please create as Word and then save as PDF (scanning documents greatly increases the memory used). Ensure that attachments are less than 20 Megabytes. When splitting up the attachment, be sure to identify on the email subject line, i.e., 36C25518R0298/ABC Company/1 of 4. Note: Zip files are not acceptable. It is incumbent upon the offeror to ensure that their proposal is received by the due date and time.

(a) One (1) file will be marked Technical: RESPONSE TO RFP 36C25518R0298 PROJECT: 589A5-15-115: UPGRADE EMERGENCY DEPARTMENT-TOPEKA. This submittal is to contain the signed original copy of the documents and the response for the three (3) technical factors listed below.

(b) One (1) file containing the pricing information for each Bid item as indicated on the price schedule. This file should also include the bid schedule and the Calculation of Self-Performed/Subcontracted Work.

2. DOCUMENTS TO SUBMIT.

Submit the proposal response by mail or in person to the address listed in Block 8 of the Standard Form 1442 containing the technical and price information by the request due date:

The following significant Evaluation Factors will be used as the basis for determining Technical Acceptability: Relevant Past Performance of Prime Contractor; Technical Construction Experience of Prime Contractor; and Technical Qualifications of Proposed Staffing.

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 be evaluated to determine if an offeror’s past performance is Technically Acceptable, Offerors should identify no less than ONE (1), and no more than THREE (3), previously-awarded, and completed ED Department 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 involve:

A. Has performed as a General/Prime contractor on a ED department structure project where the ED department structure project was equal to, or greater than $4,000,000.00;

B. Work that was 100% completed within a time period of no more than Four (4) 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. Relevant past performance must have been satisfactory or better.

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

(1) The name of the construction contract, and the contract ID number;

(2) The name of the contracting agency or organization the contract was awarded by;

(3) The date of the construction contract award and the contract award amount in dollars;

(4) The date of the construction contract completion, and the final contract amount, in dollars;

(5) A brief description of the construction contract scope of work; and

(6) 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).

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; or subcontractors that will be performing major or critical aspects of this requirement; 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 OF PRIME CONTRACTOR.

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 that involved construction of ED Department. The construction project submitted must involve:

A. Work as a prime or subcontractor under the same NAICS code as this solicitation, which is 236220, Commercial and Institutional Building Construction Contractors; that involved construction of ED Department.

B. Work of a dollar magnitude equal to, or greater than $4,000,000.00. If offering subcontracted work as proof of technical construction experience, offerors must submit evidence that supports the magnitude of the work they performed as a subcontractor.

C. Work where the offeror self-performed at least FIFTEEN percent (15%) of the cost of the project labor performed on site, using the offeror's own employees. If offering subcontracted work as proof of technical construction experience, offerors must submit evidence that at least FIFTEEN percent (15%) of the cost of the subcontracted project labor performed on site was from the offeror's own employees;

D. Work that was of a similar nature to the scope of work for this project. This is defined as work performed at a Patient Care Area of an active and occupied Hospital or Medical Facility. If an offeror chooses to submit experience that was not conducted at Patient Care Area of a Hospital or Medical Facility, they must explain how the nature and complexity of the work conducted involved technical construction requirements equivalent to that described in the Plans & Specifications of this solicitation.

For each of the submitted Technical Construction Experience projects, provide the following information:

(1) The name and location of the ED Department project;

(2) The performance period, including the starting and completion dates;

(3) The total cost of the project in dollars.

(4) The percentage of total labor self-performed by the offeror's employees.

(5) A brief description of the construction project scope of work, which explains how the project involved work as a prime contractor or subcontractor under NAICS Code 236220 involving construction work that was technically similar to the project work under this Solicitation.

FACTOR 3: TECHNICAL QUALIFICATIONS OF PROPOSED STAFFING.

To be Technically 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 staffing positions below:

(A) Project Manager – Must have a minimum of 5 years of experience as a project manager must 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; 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 at a minimum; life safety, excavation safety, scaffold safety, OSHA 30, fall protection training, crane/rigging safety with 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 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 Staffing shall have equal or better qualifications subject to the approval by the contracting officer.

d. PRICE PROPOSAL.

Offerors must provide a price for each bid item. In addition, offerors shall include a breakdown of material and labor costs, by specification division for each bid item. Overhead, profit and bond costs shall be added after a subtotal of materials and labor costs has been calculated. Price is to be submitted in accordance with the instructions in Block 17 of the Standard Form 1442. Award will be made on base bid items 1 and if the price exceeds available funding award will made be made on bid items 2 or 3 in that priority order.

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-cost factors. Note that offers that are not technically acceptable cannot be selected, regardless of price.

(END OF PROPOSAL SUBMITTAL INSTRUCTIONS)

Pre-Award Contractor Safety and Environmental Record Evaluation Form Project No. 589A5-15-115 Upgrade Emergency Department-Topeka VAMC Topeka, Kansas

Information provided below is current and applicable to Solicitation 36C25518R0298:

Company Name: ______________________________________________ Address: _____________________________________________________ Telephone: ______________________ Fax: ________________________ Email: _______________________________________________________ Contact: ______________________________________________________

1. Utilizing your OSHA 300 Forms, please complete the following information:

Number of man hours (jobsite and office).

Number of cases involving days away from work, restricted activity, or both (Column H and I of OSHA 300).

Days away, restricted, or transferred rate (# of days away, restricted, or transferred cases x 200,000/# of man hours) (DART Rate).

Number of serious, willful, or repeat violations from OSHA within the last 3 years. Please attach explanation for any violations.

Please attach copies of the following documents: OSHA 300 and 300a Forms. These forms can be accessed through the OSHA publications search page: http://www.osha.gov/pls/publications/publication.html.

2. Provide six-digit North American Industrial Classification System (NAICS) Code for this acquisition: __________________________________

3. Who administers your company’s Safety and Health Program? ____________________________

4. Company’s Insurance Experience Modification Rate (EMR): ____________________________

CALCULATION OF SELF-PERFORMED/SUBCONTRACTED WORK

Offerors for NAICS code 236220 must provide at least 15 percent of the cost of the contract performance incurred for personnel which will be spent on the concern's employees or the employees of other eligible service-disabled veteran-owned small business concerns and 25 percent for special trade employees. Provide a breakdown of material and personnel costs, by specification division listed for the project. Home Office overhead, profit/fee and bond costs shall be added after a subtotal of personnel and material/Equipment costs has been calculated. Clearly identify the personnel costs you will be performing, and the personnel costs of other eligible service disabled veteran-owned small business concerns. Below is a suggested format.

Division 01

Division 02

Division 03

(Add additional lines as necessary for each Division applicable to this project)

Calculation of self-performed personnel costs:

1. Total personnel costs * both prime and all subcontractors: $_______________

2. Subtract all subcontractor personnel costs* that are not SDVOSB companies that will perform work on this contract: $________________

3. Remainder is ‘Total amount of work to be self-performed under the

*personnel costs include labors, mechanics, other tradesmen, and office personnel directly charged to the project (includes project manager, job superintendent, administrative, estimators, etc.)

I certify the above representations are true and correct to the best of my knowledge.

(Title of Authorized Representative)

2.1 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)

2.2 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)

2.3 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)

2.4 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 $3,000,000.00, 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)

2.5 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:

Dr. Glen Welch

Hand-Carried Address:

Department of Veterans Affairs Network Contracting Office (NCO) 15 4101 S 4th Street Trafficway Leavenworth Leavenworth KS

Mailing Address:

Department of Veterans Affairs Network Contracting Office (NCO) 15 4101 S 4th Street Trafficway Leavenworth KS 66048

(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)

2.6 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— Wednesday, March 28, 2018, 9:00 AM CST.

(c) Participants will meet at— Hawley West Conference Room C114 at the Topeka, Kansas VAMC.

(End of Provision)

2.7 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)

2.8 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)

2.9 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:

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 236220.

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

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

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

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

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and…