SOLICITATION 36C25623R0076_1.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER

36C25623R0076

2. TYPE OF SOLICITATION

SEALED BID (IFB)

X NEGOTIATED (RFP)

3. DATE ISSUED

09-28-2023

PAGE OF PAGES

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

586-20-100

7. ISSUED BY CODE 8. ADDRESS OFFER TO

Department of Veterans Affairs Veterans Health Administration Network Contracting Office 16 2575 Keystone Crossing Fayetteville AR 72703

Department of Veterans Affairs Veterans Health Administration Network Contracting Office 16 2575 Keystone Crossing Fayetteville AR 72703

9. FOR INFORMATION

CALL:

a. NAME Robert Arabie

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS) robert.arabie@va.gov

SOLICITATION

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

Note: Any reference contained herein concerning "bid" or "bidder" means "offer" or "offeror".

This procurement is 100% set-aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSBs) under Public Law (PL) 109-461. Offerors must be verified as a SDVOSB in VetCert (http://www.veterans.certify.sba.gov.).

Offers received from contractors who are not SDVOSB verified in SBA will not be considered for award.

Federal Acquisition Regulations require that federal contractors register in the System For Award Management (SAM) database at https://www.sam.gov and enter all mandatory information into the system. Award cannot be made until the contractor has registered. Offerors are encouraged to ensure that they are registered in SAM prior to submitting a proposal.

Project: 586-20-100 Repair USP 797/800 Deficiencies Room D69 Contractor shall provide all labor, materials, tools, equipment, expertise, administration, supervision, and transportation as necessary to perform all work in accordance with the provided Statement of Work, construction specifications and drawings to renovate approximately 523 square feet of the existing pharmacy compounding room vestibule, and anteroom located at the Sonny Montgomery VAMC located in Jackson, MS.

NAICS 236220 SMALL BUSINESS SIZE STANDARD: $45M

The magnitude of construction is between $500,000 and $1,000,000.

Award is subject to availability of funds.

SITE VISIT: Please see information in solicitation provision FAR 52.236-27 SITE VISIT (CONSTRUCTION) ALTERNATE I.

Forward all questions to the Contracting Officer NLT October 17, 2023 @ 3:00pm Local Time or as otherwise stated by amendment. All Q&As will be posted by amendment within 7 days after the due date of questions.

11. The Contractor shall begin performance within 10 calendar days and complete it within 180 calendar days after receiving.

award, notice to proceed. This performance period is mandatory negotiable. (See 52.211-10 ).

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a.

b.

Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by 15:00 (hour) local time 10-30-2023 (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.

An offer guarantee X 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 120 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA-FAR (48 CFR) 52.236-1(d)

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

X YES NO 10

X X

586-24-1-1587-0002 mailto:robert.arabie@va.gov http://www.sam.gov/

AMOUNTS

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

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. (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.)

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

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

FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 invoice must be submitted electronically

PHONE: 1-877-489-6135 FAX:

Department of Veterans Affairs Veterans Healthcare System of the Ozarks Network Contracting Office 16 2575 Keystone Crossing Fayetteville AR 72703

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract 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.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further cont-ractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31a. NAME OF CONTRACTING OFFICER (Type or print)

ANDRES APOLINAR

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA

BY

31c. AWARD DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

http://www.fsc.va.gov/fsc/einvoice.asp

SCHEDULE OF OFFER ITEMS

The Base Offer for CLIN 0001 includes all materials, labor, equipment, and supervision to repair USP 797/800 deficiencies room D69 for G.V. (Sonny) Montgomery VA Medical Center located at 1500 E. Woodrow Wilson Avenue, Jackson, MS. Work completely renovates approximately 523 square feet of the existing pharmacy compounding room, vestibule, and anteroom. The area will be renovated to serve as a backup compounding room during times of emergency or compounding suite maintenance. All work shall meet code and be performed in accordance with the contract and any applicable specifications.

The government intends to make a single award on the Base Bid, CLIN 0001 without discussions to the offeror whose proposal conforms to the solicitation requirements and is determined the lowest price technically acceptable to the Government in accordance with Federal Acquisition Regulation (FAR) Part 15. The Government reserves the right to cancel this action is in its entirety or to reject any or all offers if such action is in the Government's best interest.

PERIOD OF PERFORMANCE – 180 CALENDAR DAYS AFTER RECEIPT OF NOTICE

TO PROCEED.

CLIN 0001: BASE OFFER ITEM - GENERAL CONSTRUCTION: The Contractor shall provide all necessary tools, labor, materials, equipment, permits, license, and supervision for “Repair USP 797/800 Deficiencies Room D69”, Project Number 586-20-100, located at the G.V.

(Sonny) Montgomery VA Medical Center in Jackson, MS, in accordance with the specifications.

Work includes the demolition and renovation of approximately 523 square feet of space on the basement floor of the Oncology suite.

CLIN 0001, Base Bid – General Construction: $

** Offeror shall complete the following price breakdown for CLIN 0001

CONTINUATION OF SF 1442 BLOCK # 17 CONTINUED

Project: 586-20 -1 0 0 REPAIR USP 797/800 DEFIC IE N C IES ROOM D69

Date:

MATERIAL LABOR EQUIPMENT TOTAL

ITEM 01: FIELD PERSONNEL

ITEM 02: DUST BARRIERS

ITEM 03: TEMPORYARY FENCING

ITEM 04: CONSTRUCTION LAYPUT

ITEM 05: CLEAN-UP

ITEM 06: MINOR SITE DEMOLITION

ITEM 07: DECONSTRUCTION OF BUILDING COMPONENTS

ITEM 08: FIRE STOPPING

ITEM 09: CAULKING & SEALANT

ITEM 10: STANDARD DOOR & HMF

ITEM 11: ACCESS DOORS AND FRAMES

ITEM 12: DOOR CLOSERS

ITEM 13: DOOR GASKET SETS

ITEM 14: DOOR HARDWARE ACCESSORIES

ITEM 15: AUTOMATIC SLIDING DOORS

ITEM 16: GYPSUM BOARD

ITEM 17: REPLACE SUSPENDED ACOUSTICAL CEILINGS

ITEM 18: RESINOUS FLOORING

ITEM 19: WALL/CEILING COATINGS

ITEM 20: METAL CORNER GUARDS

ITEM 21: TOILET ACCESSORIES

ITEM 22: FINISH GRADING

ITEM 23: BACKFILL

ITEM 24: EROSOIN CONTROL

SUBTOTAL COST

GENERAL LIABILITY / INSURANCE:

OVERHEAD:

PROFIT:

BOND:

PROJECT TOTAL COST:

36C25623R0076

Table of Contents

SCHEDULE OF OFFER ITEMS

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

PROPOSAL PREPARATION AND EVALUATION INFORMATION

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS .. 11

GENERAL PROPOSAL INFORMATION

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS .. 14

2.1 52.216-1 TYPE OF CONTRACT (APR 1984)

2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE

OF THE WORK (MAY 2014)

2.3 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION

MATERIALS (MAY 2014)

2.4 52.228-1 BID GUARANTEE (SEP 1996)

2.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

2.6 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

2.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

2.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

2.9 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION (OCT 2018)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023)

3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

3.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

3.4 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—

CERTIFICATION (NOV 2021)

GENERAL CONDITIONS

4.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984) ALTERNATE I (APR 1984)

4.2 52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022)

4.3 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(OCT 2022)

4.4 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)

4.5 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN

2020)

4.6 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL

LABOR RELATIONS ACT (DEC 2010)

4.7 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER

SERVICE AND CONSTRUCTION CONTRACTS (SEP 2013)

4.8 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (OCT 2022)

4.9 SUPPLEMENTAL INSURANCE REQUIREMENTS…

4.10 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB

1997) ALTERNATE II (APR 1984)

4.11 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

4.12 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

4.13 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

4.14 VAAR 852.219-73 VA NOTICE TO TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN- OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

4.15 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

4.16 VAAR 852.219-75 NOTICE OF LIMITATIONS ON SUBCONTRACTING –

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN

2023)(DEVIATION)

4.17 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)

4.18 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND

VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)

…………………………………………………………………………………………….52

4.19 VAAR 852.232-71 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION

CONTRACTS (INCLUDING NAS– CPM) (NOV 2018)

4.20 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

4.21 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(APR 2019)

4.22 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019)

4.23 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019)

4.24 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT

ADMINISTRATION (OCT 2020)

4.25 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)…59

4.26 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT

(SEP 2019)

4.27 VAAR 852.201-70 CONTRACTING OFFICERS REPRESENTATIVE (DEC

2022)

ATTACHMENTS

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE

AND BONDS

PROPOSAL PREPARATION AND EVALUATION INFORMATION

This part describes the precise mechanism for evaluating and selecting offers for this procurement for:

PROJECT NO. 586-20-100 Repair USP 797/800 Deficiencies room D69

To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Proposals must be complete, self-sufficient, and respond directly to the requirements of this solicitation. Offerors are required to meet all solicitation requirements. The Government reserves the right to make a final determination on a proposal’s acceptability/ unacceptability solely on the basis of the proposal submitted and to proceed without requesting additional information. Failure to meet a requirement may result in an offer being removed from consideration for award.

Offeror’s proposal should contain the offeror’s best terms from a price standpoint. Offerors are cautioned to submit sufficient information and in the format specified in the proposal instructions. Communication conducted to resolve minor or clerical errors would not constitute discussions and the Contracting Officer reserves the right to award a contract without the opportunity for proposal revisions or discussions.

Price proposals and Technical proposals of each offeror will be evaluated independently.

Offerors shall submit as separate attachments titled, “Price Proposal” and “Technical Proposal”.

Each attachment must contain a cover sheet with the offerors name, business address, and VA Solicitation Number.

Proposal shall be (1) submitted on the forms furnished by the Government or on copies of those forms; and (2) manually signed. The person signing the proposal shall initial each erasure or change appearing on any proposal form.

Offerors shall submit proposed prices for ALL priced line items as listed in the schedule. Failure to submit proposed prices for ALL bid items will result in the proposal being rejected as unacceptable without further consideration.

Alternate proposals will NOT be considered. The following documents shall be submitted to the Contract Specialist on the due date and time listed on the SF 1442. The offeror shall submit two

(2) separate proposals: Price and Technical/Past Performance and identif ied accordingly.

The Price proposal shall be arranged in the following order:

1. 2-page SF1442 completed and signed by the signatory authority. All blocks under section “OFFER” on page 2 of SF1442 (Item 14 thru 20C) shall be completed. Offerors shall be solely responsible for monitoring Contract Opportunities for amendments to this solicitation if any and acknowledge them in accordance with the requirements stipulated in this solicitation and amendments.

2. Duly executed Bid Bond/Guarantee: Offerors shall use form SF24 Bid Bond. Bid bonds that are found noncompliant with bid guarantee requirements may result in the rejection of the bid.

See clause 52.228-1 Bid Guarantee for additional information on the compliance with bid guarantee requirements.

3. Acknowledgement of ALL Amendments

4. Proof VETS 4212 has been filed for 2022

5. Experience Modification Rate (EMR)

6. To be eligible for award, Offerors are required to be CVE SDVOSB certif ied and have an active account in SAM. Offerors must register their businesses at Veteran Small Business Certif ication (VetCert) at sba.gov and https://www.sam.gov/portal/public/SAM/ and complete the ORCA. Upon request by the Government, Offerors shall submit a printout of their ORCA.

Proposals and Bid Bonds shall be submitted via email to robert.arabie@va.gov no later than the closing date and time of the solicitation. The subject of the email must include:

“36C25623R0076 – 586-20- 100 – Repair USP 797/800 Deficiencies room D69”.

It is solely the responsibility of the offerors to ensure the Government receives the proposal and bid bond before or on the exact due date and time set forth in this solicitation.

All inquiries about this solicitation shall be directly submitted in writing via email to the Contract Specialist: robert.arabie@va.gov. No phone or faxed inquiry will be accepted.

Deadline for all inquiries for this solicitation is listed in block 13 on the SF 1442.

Government’s responses to inquiries will be issued in the form of Amendment(s) to be posted on SAM.gov Contract Opportunities. All interested offerors including those submitting inquiries are required to monitor the above website for any posted amendments and acknowledge them in accordance with the instructions provided in the amendments as well as in this solicitation.

BASIS FOR CONTRACT AWARD:

All proposals submitted on time and in accor dance with provision 52.215-1 will be evaluated for the conformance to all requirements of this solicitation. Any proposal that fails to conform to the requirements of this solicitation will be rejected as nonresponsive.

SOURCE SELECTION USING THE LOWEST PRICE TECHNICALLY ACCEPTABLE

PROCESS (LPTA): This is a competitive Request for Proposal (RFP) that represents the best value to the Government conducted under FAR Part 15, Lowest Price Technically Acceptable (LPTA) source selection process. Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors.

The Government intends to evaluate proposals and award a contract without discussions.

Therefore, the offeror’s initial proposal shall contain the offeror’s best terms from a price and technical standpoint. Offerors are cautioned to submit sufficient information and in the format specified in the instructions to offerors section of this solicitation. Communication conducted to resolve minor or clerical errors would not constitute discussions and the Contracting Officer reserves the right to award a contract without the opportunity for proposal revisions. There will be no public bid opening.

http://www.sam.gov/portal/public/SAM/

Award will be made to the responsible, lowest price technically acceptable offeror that meets or exceeds the acceptability standards for all non-cost factors. Lowest price offer will be determined by the Government by comparison method of all offers received. A single award will be made as described in the Price Offer Schedule that is most advantageous to the Government.

EVALUATION OVERVIEW:

Proposals will be evaluated and ranked according to price, from lowest to highest. The Government reserves the right to evaluate only the technical proposal of the lowest price offeror. Other technical proposals may not be evaluated unless the Government determines the lowest priced offeror to be unacceptable. In the event the Government determines the lowest priced offeror to be unacceptable, the technical proposal of the next lowest price offeror will be evaluated. This process will continue until a technical proposal is determined to be acceptable. The lowest offeror deemed accep table in all non-cost factors shall be the apparent awardee.

PRICE EVALUATION:

Price proposals will be evaluated and ranked according to price, from lowest to highest. Price will not be evaluated other than to ensure price reasonableness. The Government may use various price analysis techniques and procedures to make a price reasonableness determination. Note: Offers that are not technically acceptable cannot be selected, regardless of price. Offerors submitting price proposals in response to this solicitation do so with the complete and full understanding that the Government reserves the right to publicly announce the total contract award amount.

PAST PERFORMANCE:

Past performance will be rated in accordance with FAR 15.305 utilizing the Past Performance Questionnaire attached to this solicitation. Pursuant to FAR 9.103 prescribing that purchases shall be made from, and contracts shall be awarded to, responsible prospective contractors only, the Government will perform the determination of responsibility on the apparently lowest offeror whose proposal is deemed technically acceptable. The Government’s determination of responsibility will be performed in accordance with FAR 9.1 and will include but not limited to the review of all federal excluded or debarred lists from different U.S. departments, and from the Federal Awardee Performance and Integrity Information System (FAPIIS), available at www.ppirs.gov. Since this solicitation is set aside 100% for Service-Disabled Veteran-Owned Small Business (SDVOSB), the Government will refer the matter to the Small Business Administration which will decide whether to issue a Certif icate of Competency if the Government deems a potential SDVOSB awardee non-responsible.

TECHNICAL EVALUATION:

The Technical evaluation factors consist of three separate elements: Experience, Performance Schedule, and Key Personnel. Technical proposals will be judged on a ‘pass/ fail’ basis. Each element must receive a ‘pass’ in order for the proposal to be deemed technically acceptable.

http://www.ppirs.gov/

I. EXPERIENCE – Offers shall address the following three (3) sub-factors in narrative form. Offers that do not describe each topic in enough detail or provide the requested documentation will be rated as ‘fail’ and be considered technically unacceptable.

1. Corporate Project Experience:

In order to meet the acceptability standard for this subfactor, offerors must provide documentation of at least three specific projects of similar scope and complexity on similar installations, completed or in progress, that were coordinated and performed by the general contractor in the last f ive (5) years, from the date this solicitation was issued. Provide the following information for each contract/project submitted for evaluation:

a. Company Name/Address Phone number/Email Address

b. Project Title

c. Contracting Office/Government Agency

d. Contract Number

e. Total Contract Amount

f. Period of Performance

g. Contracting Officer (CO) name, Phone Number and Email

h. Contracting Officer’s Representative (COR) Name, Phone number, and email address

i. Brief Description of the Project Requirements and number of personnel assigned to the project.

2. Project Personnel Experience:

In order to meet the acceptability standard for this subfactor, offerors must provide the names of the general contractor’s proposed project Site Superintendent, Project Manager and Competent Person for Safety with a description of the individuals' experience to include, at a minimum, one completed project of similar size, scope, and complexity within the last f ive (5) years, from the date this solicitation was issued.

3. Subcontractors' Experience:

In order to meet the acceptability standard for this subfactor, Offerors must provide a list of sub-contractors that your firm intends to use for this project and include the subcontractor’s company name, and the number of years’ experience with construction projects of similar scope and complexity. Minimal experience required for all subcontractors is three years from the date this solicitation was issued.

II. PERFORMANCE SCHEDULE – In order to meet the acceptability standard for this factor, offers shall include the general contractor’s project schedule for this solicitation’s proposed project to showcase, at a minimum, completing the project within the mandatory time-frame of 180 calendar days.

III. SAFETY/QUALITY CONTROL PLAN- In order to meet the acceptability standard for this factor, offerors shall provide a detailed explanation as to how this project will be implemented and managed to ensure compliance with all OSHA Construction Standards, and Fire and Life Safety issues, and security measures. Contractor shall provide a site-specific Quality Control Plan describing techniques for maintaining quality control for workmanship. The Safety and Quality Control Plans shall, at a minimum, address all disciplines required to complete the work listed on page 4 of this solicitation.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO

BIDDERS/OFFERORS

GENERAL PROPOSAL INFORMATION

GENERAL PROPOSAL INFORMATION

Project: 586-20-100 REPAIR USP 797/800 DEFICIENCIES ROOM D69 Issuing Office: NCO 16 Location of Project: G.V. (Sonny) Montgomery VA Medical Center, Jackson, MS Point of Contact: Robert Arabie, Contract Specialist, NCO 16 E-mail: robert.arabie@va.gov

a. Service-Disabled Veteran-Owned Small Business Verification: This action is a 100% set aside for verif ied Service Disabled Veteran Owned Small Businesses (SDVOSB). The award of this solicitation shall not be delayed due to loss of SDVOSB verif ication. Proposals submitted by non-verif ied SDVOSB shall be excluded from award consideration. Offerors must be registered and verif ied as a SDVOSB in the SBA.gov Veteran Small Business certif ication (VetCert) at http://veterans.certify.sba.gov. Offerors received from contractors who are not verif ied as a SDVOSB in VetCert at the time of offer submission and at the time of contract award will be considered non-responsive and will not be considered for award.

b. SYSTEM FOR AWARD MANAGEMENT (SAM): SAM has replaced the Central Contractor Registration (CCR), Online Representations and Certif ications Application (ORCA) and the Excluded Parties List System (EPLS). Federal Acquisition Regulations require that federal contractors register in the SAM database at https://www.sam.gov and enter all mandatory information into the system. Award cannot be made until the contractor has registered. Offerors are encouraged to ensure that they are registered in SAM prior to submitting their bid. Completion of Representations and Certif ications shall consist of completion of annual representations and certif ications electronically via SAM. It is not necessary to complete and return as a part of the offer package FAR 52.204-8, Annual Representations and Certif ications, contained in this solicitation unless offeror identif ies changes in FAR 52.204-8(d).

c. VETS-4212: Title 38, USC Section 4212(d) and Public Law 105-339, requires that federal contractors report, at least annually, the number and category of veterans who are within their workforce. This VETS-4212 report can be submitted per the instructions at https://www.dol.gov/agencies/vets/programs/vets4212. For assistance contact VETS-4212 customer support at 1-866-237-0275 or vets4212-customersupport@dolncc.dol.gov. For procurement awards in excess of $150,000, this report must be completed and accepted prior to any Federal contract award. Therefore, all potential contractors are encouraged to file every year.

mailto:robert.arabie@va.gov http://veterans.certify.sba.gov/ http://www.sam.gov/ https://www.dol.gov/agencies/vets/programs/vets4212 mailto:vets4212-customersupport@dolncc.dol.gov mailto:vets4212-customersupport@dolncc.dol.gov

d. Past Safety Record: VHA DIRECTIVE 2011-036 SAFETY AND HEALTH DURING CONSTRUCTION requires that Contracting Officers evaluate and consider past safety records of prospective contractors in awarding contracts.

OFFERORS SHALL SUBMIT ATTACHED CONTRACTOR EVALUATION FORM

CONSTRUCTION SAFETY AS A PART OF THE OFFER PACKAGE.

All offerors shall submit information pertaining to their past Safety and Environmental record using the attached form. The information must show that the offeror has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA violation(s) in the past three years. If those totals are exceeded, the offeror shall attach an explain why and submit as much information as possible regarding the circumstances of its past safety and environmental record, including the number of EPA violations and/or the number of serious, repeat, and/or willful OSHA violations, along with a detailed description of those violations.

All offerors shall submit information regarding their current Experience Modification Rate (EMR). This information shall be obtained from the offeror’s insurance carrier and be furnished on the insurance carrier’s letterhead. If an offeror’s EMR is above 1.0, offeror must attach a written explanation of the EMR from its insurance carrier furnished on the insurance carrier’s letterhead, describing the reasons for the EMR, and the anticipated date the EMR may be reduced to 1.0 or below.

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.

If the NCCI cannot issue an EMR because the offeror lacks insurance history, offeror shall submit a letter indicating so from its insurance carrier furnished on the insurance carrier’s letterhead and include a letter from the NCCI indicating that is has assigned offeror a Unity Rating of 1.0.

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

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 an initial Determination of Responsibility.

OFFERORS WHO FAIL TO SUBMIT THE ADDITIONAL REQUIRED

INFORMATION AS A PART OF THEIR PROPOSAL PACKAGE MAY BE

EXCLUDED FROM AWARD CONSIDERATION IF AWARD IS MADE WITHOUT

DISCUSSIONS.

e. Site Visit: An organized site visit is scheduled as shown in clause 52.236-27.

Only one site visit will be conducted. Attendance at the site visit is advised for proper proposal preparation. Information provided at the site visit shall not alter the terms and conditions of the solicitation and specifications. Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing.

f. Requests for Information (RFIs): RFI’s are due no later than (NLT) 3:00 PM Local Time 17 October 2023 or as amended and will not be accepted after this date. RFI’s should be submitted by email to the Contract Specialist, Robert Arabie at robert.arabie@va.gov. Responses will be provided by amendment to the solicitation in a question and answer format within 7 days of RFI submission due date. Example: Subject Line of the RFI e-mail should be as follows: Company Name, RFI #1, 36C25623R0076 and Project Title.

g. Proposal Due Date: Proposals are due NLT the date/time shown in Block 13a of Standard Form (SF) 1442. All proposals will be submitted by email to robert.arabie@va.gov and andres.apolinar@va.gov.

h. Magnitude of Construction: Pursuant to VAAR 836.204 the magnitude of construction is between $500,000 and $1,000,000.

i. North American Industry Classification (NAICS) code: The applicable NAICS code for this procurement is 236220 Commercial and Institutional building Construction. The Small Business size standard is $45 Million.

j. Wage Determination (WD): The applicable Davis Bacon WD for this solicitation is incorporated as an attachment to this solicitation.

k. Period of Performance: The successful offeror shall begin performance within 10 calendar days after receiving the notice to proceed and complete all work within the time specified in the award. All punch list items must be completed during the established period of performance.

l. Funding: Award is contingent upon the availability of appropriated funds. The Government does not compensate vendors for proposal development and submission.

m. Superintendence: The offeror shall provide, from their own staff, a competent 30 hour OSHA certif ied superintendent. This individual shall be 100% full time dedicated to supervision and assigned to this project while work is being performed on site. The offeror shall not divide or split up their superintendence duties among multiple projects at the same facility. Each project stands alone and requires a dedicated superintendent to be allocated and funded to that particular project.

mailto:robert.arabie@va.gov mailto:andres.apolinar@va.gov

n. Holidays: The following federal holidays are observed:

New Year's Day Martin Luther King Jr.’s Birthday President's Day Memorial Day Juneteenth Independence Day Labor Day Thanksgiving Day

Columbus Day Christmas Day

Veterans Day

Any other holiday proclaimed by the President as a Federal Holiday.

When a holiday falls on a Sunday, the following Monday will be observed as a legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed by U.S. Government agencies.

o. Contractor Performance Assessment Reporting System (CPARS):

Upon completion of contract performance and annually if performance is longer than 365 days, the Contracting officer will evaluate contractor performance for use in future contract award decisions. The Contractor shall be provided an opportunity to comment on the contracting officer’s evaluation. If you wish to familiarize yourself with this system, you can find it at https://www.cpars.gov/.

The government retains the evaluations, contractor responses, and review comments, if any, as part of the contract f ile. The evaluations are available for Federal Agencies for support of future award decisions through CPARS.

The contractor must provide the contracting officer with the name and email address of the contractor CPARS POC. This is the person responsible for responding to these evaluations. This person will be granted access to CPARS during the award and assigned the system role of contractor representative (CR).

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO

BIDDERS/OFFERORS

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.

https://www.cpars.gov/

(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 of f - 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, certif ied check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of Provision)

2.5 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:

ANDRES APOLINAR

CONTRACTING OFFICER

Hand-Carried Address:

DEPARTMENT OF VETERANS AFFAIRS

VETERANS HEALTH CARE SYSTEM OF THE OZARK

NETWORK CONTRACTING OFFICE 16

2575 N. KEYSTONE CROSSING

FAYETTEVILLE AR 72703

Mailing Address:

DEPARTMENT OF VETERANS AFFAIRS

VETERANS HEALTH CARE SYSTEM OF THE OZARK

NETWORK CONTRACTING OFFICE 16

2575 N. KEYSTONE CROSSING

FAYETTEVILLE AR 72703

(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—

October 10, 2023 @ 10:00am local time

(c) Participants will meet at—

GV Sonny Montgomery front entrance

(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 identif ier 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/

FAR

Number

Title Date

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING

AUG 2020

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL JAN 2017

52.215-1 INSTRUCTIONS TO OFFERORS—COMPETITIVE

ACQUISITION

NOV 2021

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION

TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR

CONSTRUCTION

FEB 1999

52.228-17 INDIVIDUAL SURETY-PLEDGE OF ASSET (BID

GUARANTEE)

FEB 2021

52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE

AND REPRESENTATION

JUN 2020

52.236-28 PREPARATION OF PROPOSALS—CONSTRUCTION OCT 1997

852.223-70 INSTRUCTIONS TO OFFERORS- SUSTAINABLE

ACQUISITION PLAN

SEP 2019

2.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

(a) As an alternative to filing a protest with the Contracting Officer, an interested party may file a protest by mail or electronically with: Executive Director, Office of Acquisition and Logistics, Risk Management and Compliance Service (003A2C), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420 or Email: EDProtests@va.gov.

(b) The protest will not be considered if the interested party has a protest on the same or similar issue(s) pending with the Contracting Officer.

(End of Provision)

2.9 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION (OCT 2018)

(a) Any protest f iled by an interested party shall—

(1) Include the name, address, fax number, email 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 http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/ mailto:EDProtests@va.gov

(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)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS

(MARCH 2023)

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

236220.

(2) The small business size standard is $45 Million.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition—

(i) Is set aside for small business and has a value above the simplif ied acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(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, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certif ications 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 certif ications in the solicitation.

(c)(1) The following representations or certif ications in SAM are applicable to this solicitation as indicated:

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

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

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

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

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

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

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

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

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

(B) Exceed the simplif ied acquisition threshold; and

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

(vi) 52.204-26, Covered Telecommunications Equipment or Services—Representation. This provision applies to all solicitations.

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

(viii) 52.209-5, Certif ication Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplif ied acquisition threshold.

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

(x) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied…