36C25923R0050_2.docx

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Z2DA--436-23-122 Building 169 Faucet Replacement
Solicitation number
36C25923R0050
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This solicitation is for a firm-fixed-price construction contract to replace lavatory faucets in Building 169 at the Fort Harrison VA Medical Center in Helena, Montana. The work includes removing 25 existing faucets and installing new Armstrong RADA MX1-20 faucets, along with related plumbing, electrical, and control system integration work. Proposals are due by May 30, 2023. The contract period of performance is 60 days from notice to proceed. The solicitation is set aside for verified service-disabled veteran-owned small businesses and has an estimated value between $250,000 and $500,000. The Department of Veterans Affairs is the contracting agency.

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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.

36C25923R0050 X 05-28-2023 436-23-122 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village

CO

80111 Timothy.Verburgt@va.gov

Timothy Verburgt 303-712-5707 The contractor shall furnish all labor, equipment, materials, and supervision to complete the following project at the Fort Harrison VAMC located at 3687 Veterans Dr., Fort Harrison City Montana 59636 436-23-122 Legionella Building 169 Faucet Replacement.

The project requirement is described in the Scope of Work.

The NAICS code is 236220 with a business size standard of $45M

A site visit will be held on May 9, 2023 at 8:00 AM Mountain Time (MT). Interested parties should meet at Building 141 Room 208.

All questions in relation to this solicitation are due no later than 10:00 AM MT May 12, 2023 . Please address questions to Timothy.Verburgt@va.gov

The closing date for this solicitation is May 30, 2023 at 10:00 AM Mountain Time (MT). Please email proposals to Timothy.Verburgt@va.gov

X X 52.211-10 X

10:00 AM

MDT

05-30-2023 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

36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village

CO

80111 Department of Veterans Affairs Financial Service Center PO Box 149971 Austin

TX

78714-9971

Table of Contents

PART I - THE SCHEDULE1
SECTION A - SOLICITATION/CONTRACT FORM1
A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)1
A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION, ALTERATION, OR REPAIR)– BACK2
A.3 PRICE/COST SCHEDULE5
ITEM INFORMATION5
A.4 Statement of Work5
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS8
2.1 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)15
2.2 52.216-1 TYPE OF CONTRACT (APR 1984)16
2.3 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014)16
2.4 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)16
2.5 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)18
2.6 52.233-2 SERVICE OF PROTEST (SEP 2006)19
2.7 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)19
2.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)20
2.9 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)20
2.10 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)21
REPRESENTATIONS AND CERTIFICATIONS22
3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023)22
3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)26
3.3 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—CERTIFICATION (NOV 2021)28
GENERAL CONDITIONS31
4.1 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)31
4.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)32
4.3 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (MAR 2023)32
4.4 52.223-21 FOAMS (JUN 2016)35
4.5 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (OCT 2022)36
4.6 SUPPLEMENTAL INSURANCE REQUIREMENTS41
4.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)41
4.8 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)44
4.9 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)44
4.10 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (MAY 2020)45
4.11 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (NOV 2022)45
4.12 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING--CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (NOV 2022)48
4.13 VAAR 852.223-71 SAFETY AND HEALTH (SEP 2019)49
4.14 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)50
4.15 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)51
4.16 VAAR 852.232-71 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (INCLUDING NAS– CPM) (NOV 2018)51
4.17 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)54
4.18 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019)56
4.19 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019)57
4.20 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019)57
4.21 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT ADMINISTRATION (OCT 2020)57
4.22 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT (SEP 2019)59
4.23 Attachments74

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

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

Building 169 Faucet Replacement Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 236220 - Commercial and Institutional Building Construction PRODUCT/SERVICE CODE: Z2DA - Repair or Alteration of Hospitals and Infirmaries

GRAND TOTAL
__________________

A.4 Statement of Work

Page 1 of Page 1 of Project: 436-23-122 Project Name: Legionella Faucets169 Project Scope

1. The VA Montana Healthcare System requires the services of a qualified General Contracting firm to provide construction services at Fort Harrison VA Medical Center, at 3687 Veterans Drive, Helena Montana 59636. Work will take place in Building 169 patient rooms. Work is to include removal of 25 existing lavatory faucets and installation of 25 Armstrong RADA MX1-20 faucets. Contractor will be responsible for plumbing, electrical power to faucets and networking of the faucets to the existing Schneider Electric BAS in compliance with NFPA70E,105 and CFR1910.33.

2. The Contractor shall also be responsible for all damages to persons or property that occurs because of the Contractor’s fault or negligence.

3. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

4. Existing Site Conditions - Construction will occur within patient rooms in building 169. The project will take place in an occupied healthcare facility and the work activities will require construction to be phased in such a way as to minimize impact to staff and patients. Infection Control measures will be always required as defined in ICRA assessment, Class III, Group 2, Type C. Construction activity will require constant coordination with VA personnel.

5. Site Investigation is required for this project to ensure accuracy of design. The Contractor shall be responsible for field verifying all conditions and quantities that may affect the project work prior to bid of this project. Site investigation is to be included in the cost proposal. This work can be performed directly by the General Contracting firm, or indirectly via contract to a third party (Sub-Contractors). The person(s) conducting the site investigation are to check in with the VA Facilities Management Services department and will be escorted to review the project for not less than 4 hours by the VA Contracting Officer Representative (COR). This work can be done in advance and is intended to limit unforeseen site conditions not indicated on the drawings.

6. The final construction shall conform to all VA requirements outlined in the FGI Guidelines for Design and Construction of Hospitals, Facilities Guideline Institute (FGI), ADA, Joint Commission Accreditation Standards, ANSI, SMACNA, IBC, NEC, NFPA as well all requirements of the VA design manuals posted by discipline in the VA Technical Information Library at the following web address: http://www.cfm.va.gov/til/dManual.asp

7. Work shall be completed in conformance with the time schedule requested by the VA Contracting Officer’s Representative (COR) or Resident Engineer (RE). The Contractor is solely responsible for preparing all necessary regulatory notifications to meet the time schedule.

Tasks and Requirements

General Contractor Requirements

1. Submittals must be reviewed and approved by the VA prior to the start of work.

2. All demolition shall be required to remove abandoned utilities back to active main.

3. Any new construction shall match surrounding finishes unless indicated otherwise.

4. Contractor and their Sub-contractors are to provide necessary submittals and plans for approval prior to commencing with any “new work” not shown/provided in the construction documents.

5. All damage to floors, walls, ceilings, or any other VA property to be repaired/replaced by the contractor.

6. Contractor shall be responsible for all construction debris removal. The contractor shall provide their own dumpster as needed.

a. For interior construction the contractor shall provide dump carts and HEPA carts as needed. Dump carts are to be sealed with a tight-fitting lid during travel to and from the jobsite to the designated dumpster location. Dumpster location and debris removal pathway to be approved by the VA COR.

7. Description of Work

a. Removal of existing lavatory faucets

b. Install new faucets

c. Connect new faucets to electrical power (requires installing new outlets under sinks)

d. Connect faucets to existing Schenirer Electric BAS and provide graphical interface

Period of Performance Prior to the Notice to Proceed (NTP) all required pre-construction submittals (safety plans, quality control plan, schedules, materials, etc.) shall be provided to the VA for review and approval. The Contractor will have 60 days from the NTP to provide all work according to contract documents.

Work Schedule

1. Normal working hours are from 7:30 AM to 4:30 PM.

2. Work Performed After Hours: Any work to occur outside of normal working hours must be approved by the COR with a minimum of 48 hours of notice.

3. To maintain schedule, work performed over the weekend, may be allowed. Contractor to coordinate these efforts with VA COR with a minimum 48-hour notice.

Privacy Statement Information Security: The C&A requirements do not apply a Security Accreditation Package is not required. Incidental exposure to protected health information may occur from accessing the work site. Staff will follow all Privacy & Security policies and procedures.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

PART I - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

PART I/SECTION A – REQUEST FOR PROPOSAL

I.1A JOINT VENTURES

If submitting an offer as a joint venture as defined by P.L. 109-461 AND Department of Veterans Affairs I.L. 049-06-4, http://www.vetbiz.gov/library/jtventure.pdf , an offeror must provide a copy of the joint venture agreement specific to the project that is consistent with the percentage of required work and net proceed. Additionally, the offeror must provide a breakdown or labor of which is to be performed by the SDVOSB firm and that which is performed by the small business joint venture firm and that which is sub-contracted. All Joint Ventures will be required to be registered and verified as an entity in VETBIZ prior to award.

I.2A SELECTION PROCEDURES

This acquisition will be a competitive acquisition utilizing FAR Part 15 source selection employing tradeoff source selection procedures. By submission of its offer, the offeror accedes to all solicitation requirements, including terms and conditions, representations, and certifications. All such offers shall be treated equally except for their prices and performance records. Failure to meet a requirement may result in an offer being determined non-compliant. It is the intent of the Government to award without discussions; however, the Government will reserve the right to have discussions if such are needed.

I.3A PRE-PROPOSAL SITE VISIT

See SF 1442, Block 10 and FAR Provision 52.236-27, Site Visit (Construction) of this solicitation. Please leave extra time to complete COVID-19 screening process when entering the building. Masks are required to be worn by all employees and contractors while on VA property.

I.4A SELECTION CRITERIA

This acquisition will utilize the tradeoff process in accordance with FAR 15.101-1. This process permits tradeoffs between non-cost factors and cost/price and allows the Government to accept other than the lowest priced proposal or other than the highest rated proposal to achieve a best value contract award based on established evaluation criteria. Inherent in this process is the necessity to make tradeoffs considering the non-cost strengths and weaknesses, risks, and the cost (or price) offered in each proposal.

The source selection process will be conducted utilizing FAR part 15.101-1 Trade-off Process Source Selection Procedures with Special Standards of Responsibility. Offers will be evaluated using the following evaluation factors:

Factor 1 – Past Performance Factor 2 – Price

In addition to the general standards of responsibility found at FAR 9.104-1, in accordance with FAR 9.104-2, the special standards of responsibility described below apply to this procurement. Offerors who fail to meet any special standard of responsibility may not be eligible to receive contract award.

Past performance will be evaluated on a basis of significantly more important than, cost or price.

Past Performance Evaluation For Factor 1, based on the evaluation of all recent and relevant past performance for an offeror, an overall performance confidence rating shall be assigned. The performance confidence ratings are defined below:

ASSESSMENT
DESCRIPTION
Substantial Confidence
Based on the offeror’s recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort.
Satisfactory Confidence
Based on the offeror’s recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.
Limited Confidence
Based on the offeror’s recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort.
No Confidence
Based on the offeror’s recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.
Unknown Confidence (Neutral)
No recent/relevant performance record is available, or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

Note: In the case of an offeror without a record of past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall receive an unknown confidence (neutral) performance confidence rating.

(a) Aspects of Past Performance Evaluation. The past performance evaluation is an assessment based on the offeror’s record of relevant and recent past performance information that pertain to the products and/or services outlined in the solicitation requirements. There are two aspects of the past performance evaluation.

(1) The first is to evaluate whether the offeror’s present/past performance is relevant or not relevant to the effort to be acquired. The criteria to establish what is relevant is unique to each source selection.
(2) The second aspect of the past performance evaluation is to determine how well the contractor performed on the contracts. The past performance evaluation performed in support of a current source selection does not establish, create, or change the existing record and history of the offeror’s past performance on past contracts; rather, the past performance evaluation process gathers information from customers on how well the offeror performed those past contracts. In addition, the Government reserves the right to obtain information for use in the evaluation of past performance from all sources including sources outside of the Government. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS) using all CAGE/DUNS numbers of Contractors who are part of a partnership or joint venture identified in the Offeror’s proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the Offeror.
(b) Source Selection Evaluation Board (SSEB) members will review past performance information to determine the quality and usefulness as it applies to the performance confidence assessment.

Adverse past performance is defined as past performance information that supports a less than satisfactory rating on any evaluation element or any unfavorable comments received from sources without a formal rating system.

Factor 1-Past Performance

(a) Solicitation Submittal Requirements:

Offerors shall provide a maximum of five (5) recent and relevant projects (as defined below) to demonstrate their ability to perform the proposed work identified within the Specifications, drawings, and Statement of Work. If a completed Contractor Performance Assessment Reporting System (CPARS) evaluation is available, it shall be submitted. The Government will evaluate past performance based upon sources available to the contracting officer that may include Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS) and Electronic Subcontract Reporting System (eSRS). IF THERE IS NOT A PAST PERFORMANCE EVALUATION IN PPIRS or FAPPIIS, then the offeror shall submit Past Performance Questionnaires (PPQ) for each project. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation. If the offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the offeror shall complete and submit with the proposal the first page of the PPQ, which will provide contract and client information for the respective project(s). The Government may make reasonable attempts to contact the client noted for that project(s) to obtain the PPQ information. However, offerors should follow-up with clients/references to help ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Government’s point of contact, Timothy Verburgt, Timothy.Verburgt@va.gov.

Recency – a recent project is defined as being completed within five years of the due date of this solicitation.

Relevant – includes performance of efforts in a project of removal and replacement of lavatory faucets that are equal to or greater in scope, magnitude, and complexity for this project.

Offerors are cautioned to submit enough information in the format specified in the solicitation. Offerors may be asked to clarify certain aspects of their proposal (for example, the relevance of past performance information) or respond to adverse past performance information to which the offeror has not previously had an opportunity to respond. Adverse past performance is defined as past performance information that supports a less than satisfactory rating on any evaluation element or any unfavorable comments received from sources without a formal rating system. Communication conducted to resolve minor or clerical errors will not constitute discussions and the contracting officer reserves the right to award a contract without the opportunity for proposal revision.

(b) – Basis of Evaluation:

The contracting officer shall review recent and relevant performance information on each offeror based on past efforts provided by the offeror and may obtain data independently from other government and commercial sources. Past performance regarding predecessor companies, key personnel who have relevant experience, or sub-contractors that will perform major or critical aspects of the requirement will not be considered as highly as past performance information for the principal offeror. Offerors with no past performance history or the offeror’s performance record is so limited that no confidence assessment rating can be reasonably assigned shall receive the rating "Unknown Confidence," meaning the rating is treated neither favorably nor unfavorably.

The Government will consider the currency and relevance of the information, the source of the information, context of the data, and general trends in the Contractor’s performance. This evaluation is separate and distinct from the Contracting Officer’s responsibility determination. The assessment of the offeror’s past performance will be used as a means of evaluating the offeror’s probability to successfully meet the requirements of the RFP.

Initially offers shall be ranked according to price, including any option prices if applicable. The lowest price offer’s past performance shall be evaluated to determine its performance confidence rating.

If the lowest priced evaluated offer is judged to have a Substantial Confidence performance assessment, that offer represents the best value for the government and the evaluation process stops at this point. Award shall be made to that offeror without further consideration of any other offers.

If the lowest price offer does not receive a Substantial Confidence performance confidence rating, the past performance evaluation continues until an offeror’s past performance is judged to have a Substantial Confidence performance rating. The Government reserves the right to award a contract to other than the lowest priced offeror if the lowest priced offeror is judged to have a performance confidence assessment of "Satisfactory Confidence" or lower. In that event, the Source Selection Authority shall make an integrated assessment best value award decision.

Factor 2 – Price:

(a) Solicitation Submittal Requirements:

· Standard Form 1442, Solicitation Offer and Award

· All pages of the SF1442 Continuation Sheet

(b) Basis of Evaluation: The Government will evaluate price based on the total price. Analysis will be performed by one or more of the following techniques to ensure a fair and reasonable price:

· Comparison of proposed prices received in response to the RFP

· Comparison of proposed prices with the IGCE.

· Comparison of proposed prices with available historical information.

Special Standard of Responsibility Solicitation Submittal Requirements:

The Offeror shall submit the following information: (For a partnership or joint venture, the following submittal requirements are required for each Contractor who is part of the partnership or joint venture and for the entity itself. EMR shall not be submitted for subcontractors.)

1. OSHA or EPA Violation(s):

Offerors shall provide Summary of Work-Related Injuries and Illnesses, affirming that the Offeror has no more than three serious, or one repeat, or one willful OSHA or EPA violation(s) in the past 3 years.

2. Experience Modification Rate (EMR):

Offerors shall provide documentation to show that the offeror has an Experience Modification Rate (EMR) of equal to or less than 1.0. If an offeror’s EMR is above 1.0, the offeror must submit a written explanation of the EMR from its insurance carrier 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.

Offerors who fail to meet any special standard of responsibility may not be eligible to receive contract award.

PART I/SECTION B - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

I.1B COST RANGE: Between $250,000.00 and $500,000.00

I.2B GENDER: Wherever the masculine gender is used in this solicitation and contract documents, it shall be considered to include both masculine and feminine.

I.3B 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 tolerance specified using conversion tables contained in the latest revision of Federal Standard No. 376, and all other requirements of this document are met.

If a product is manufactured to metric dimensions and those dimensions exceed the tolerance 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 (COR), will accept or reject the product.

I.4B REQUESTS FOR INFORMATION:

All requests for information must be submitted in writing to the Contracting Officer for action no later than the date shown in Block 10 of the Standard Form 1442, Solicitation, Offer and Award.

I.5B PROPOSAL REQUIREMENTS

General – Both past performance information and price proposal shall be submitted in response to this solicitation. Proposals shall be submitted via email Timothy.Verburgt@va.gov. Emails are limited to 15 MB. The proposal, in its entirety, shall be one email (one attachment for price proposal, one attachment for LOS certification, and one attachment for past performance information) not to exceed 15MB. Failure to submit in the format required and clearly address those factors may result in rejection of the offer. An original Bid Bond, in the amount of twenty (20%) percent (but not to exceed $3,000,000) of the bid price shall be mailed to the address listed in block 8 of the SF1442 and be received at the address no later than the closing date and time. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for due date, will require rejection of the proposal in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then. SEE FAR Provision 52.228-1, Bid Guarantee, of this Solicitation. Electronic copies of the proposals will be time/date stamped by Microsoft Outlook upon receipt of email. Further details on electronic submission are outlined below.

Proposals shall be received by 10:00 A.M. Mountain Time on May 30, 2023. There will be no public opening of the proposals. Submit proposals to: Timothy.Verburgt@va.gov.

Submit bid bonds to:

Department of Veterans Affairs

NCO 19

ATTN: Timothy Verburgt 6162 S Willow Dr., Ste 300 Greenwood Village, CO 80111

Past performance information and price sections of the offeror’s proposal will be evaluated independently. Offerors shall include all required Representations and Certifications and complete their registration in System for Award Management (SAM). See FAR 52.204-7 and 52.204-8, of this solicitation.

Important Notice: Apparent successful offerors must apply for and receive verification from the Department of Veterans Affairs Center for Verification and Evaluation (CVE) in accordance with 38 CFR Part 74 and VAAR 819.7011 by submission of documentation of Veteran status, ownership and control enough to establish appropriate status. Offerors must be both VISIBLE and VERIFIED by the Department of Veteran Affairs CVE at the time of offer submission. Failure to be both VERIFIED by CVE and VISIBLE on VetCert at the time of offer submission and contract award will result in the offeror’s proposal being deemed non-compliant. All offerors are urged to contact the CVE and submit the required documents to obtain CVE verification of their SDVOSB status if they have not already done so.

I.6B PROPOSAL REVISIONS

If it is determined to be necessary, proposal revisions will be requested from the offers received. The Contracting Officer may identify those offerors, whose proposals are within the competitive range based upon the selection criteria identified in this solicitation. Negotiations may be conducted with those firms falling within the competitive range, after which proposal revisions may be requested. Offerors submitting proposal revisions will not be required to re-submit any documents which are unchanged from their proposals. They should provide necessary changes to individual paragraphs, as briefly as possible, together with the Table of Contents that clarifies where within the initial proposal the additional information and/or changed document would be placed. A new bid bond shall be submitted only if the final cost proposal revisions are greater than its initial cost proposal.

1.7B REQUIREMENTS FOR ELECTRONIC SUBMISSION OF OFFER

Unless paper offers are specifically authorized in an individual solicitation, all responses to solicitations must be submitted electronically as described below. Responses submitted in a paper form are unacceptable. Failure to comply with this requirement may jeopardize the possibility of receiving an award for the contract due to noncompliance with the terms of the solicitation. You must submit your electronic offer, and any supplemental information (such as spreadsheets, backup data, technical information), using any of the electronic formats and media described below.

In addition, contractors are notified of the award via an electronic Notice of Award e-mail. The award document will be attached to the Notice of Award e-mail.

Acceptable Electronic Formats (Software) for Submission of Offers

1. Files readable using the current Microsoft© Office version Products: Word, Excel, PowerPoint, or Access. Please see security note below for caution regarding use of macros. When submitting construction drawings contractors are required to submit one set in AutoCAD and one set in Adobe PDF. (purpose: contracting can open the PDF version and engineering can open AutoCAD files).

2. Files in Adobe© PDF (Portable Document Format) Files: When scanning documents scanner resolution should be set to 200 dots per inch, or greater.

3. Another electronic format. If you wish to submit an offer using another format other than described in these instructions, e-mail the Contracting Officer who issued the solicitation. Please submit your request at least ten (10) calendar days before the scheduled closing date of the solicitation. Request a decision as to the format acceptability and make sure you receive approval of the alternate format before using it to send your offer.

4. Please note that we can no longer accept .zip files due to increasing security concerns.

E-mail Submission Procedures: For simplicity in this guidance, all submissions in response to a solicitation will be referred to as offers.

a. Subject Line: Include the solicitation number, name of company, and closing date of solicitation. Use only one of the terms Quotation, Offer, Proposal, or Bid depending on the solicitation type.

b. Size: Maximum size of the e-mail message shall not exceed five (5) megabytes. Only one email is permitted unless otherwise stated in this solicitation or in writing by the Contract Officer submitting the solicitation.

c. Unless approved by the contracting officer: DO NOT submit a link to your PDF documents. Please submit your request in an email for other electronic format at least ten (10) calendar days before the scheduled closing date of the solicitation. Request a decision as to the format acceptability and ensure you receive approval of the alternate format before using it to send your offer.

Each electronic offer must also include a signed and scanned SF-1442, Solicitation, Offer, and Award (Construction, Alteration, or Repair)

The Microsoft Outlook © Email time/date stamp will be used to date and time stamp offers for the official record of receipt for the submission. The date and time stamp in recipient’s “inbox” is the official record of receipt.

Security Issues, Late Bids, Unreadable Offers

1. Late submission of offers is outlined at FAR 52.215-1(c)(3). Particular attention is warranted to the portion of the provision that relates to the timing of submission.

2. Please see FAR 15.207(c) for a description of the steps the Government shall take with regard to unreadable offers.

3. To avoid rejection of an offer, vendors must make every effort to ensure their electronic submission is virus-free. Submissions or portions thereof submitted and which the automatic system detects the presence of a virus or which are otherwise unreadable will be treated as “unreadable” pursuant to FAR 15.207(c).

4. The virus scanning software used by our e-mail systems cannot always distinguish a macro from a virus. Therefore, sending a macro embedded in an e-mail message or an e-mail attachment may cause the e-mail offer to be quarantined. You may send both the spreadsheet and the spreadsheet saved in PDF format to ensure that your proposal is readable.

5. Password protecting your offer is not permitted. The Contracting Officer will file the offer electronically which will allow access only by designated individuals.

2.1 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision— "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

"Federal contracts and grants with total value greater than $10,000,000" means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of Provision)

2.2 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

(End of Provision)

2.3 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of Provision)

2.4 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade
Goals for female participation for each trade
4.1 %
6.9 %

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the—

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is

(End of Provision)

2.5 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American—Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.6 52.233-2 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:

Ilze Karklins-Powers

Hand-Carried Address:

Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111 Mailing Address:

Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

(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)

2.7 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for— May 9, 2023 at 8:00 AM MT

(c) Participants will meet at— Building 141 Room 208 (End of Provision)

2.8 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)

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
52.211-6
BRAND NAME OR EQUAL
AUG 1999
52.214-34
SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE
APR 1991
52.214-35
SUBMISSION OF OFFERS IN U.S. CURRENCY
APR 1991
52.215-1
INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITION
NOV 2021
52.228-1

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