36C26122R0051_1.docx

36C26122R0051

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.

36C26122R0051 X 05-27-2022 640-22-2-5226-0006 640-22-111

612MCP

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Northern California HealthCare System 5342 Dudley Blvd, Bldg 209 McClellan

CA

95652-2609 Submit proposals to:

Jose Hernandez jose.hernandez1@va.gov Charee Harris Charee.Harris@va.gov

CA

95652-2609 Jose Hernandez 916-923-4519 IN ACCORDANCE WITH 38 U.S.C 8127 (PUBLIC LAW 109-461), THISPROJECT IS A COMPETITIVE SERVICE-DISABLED VETERAN-OWNED

SMALL BUSINESS SET-ASIDE.

This is a DESIGN BUILD solicitation under FAR Part 36.301.

Project 640-22-111 Fisher House 1 – Life Safety Corrections. Provide comprehensive, all necessary Design-Build (DB) services to upgrade and improve the Life Safety features for the Existing Fisher House 1 PROJECT LOCATION: Veterans Affairs Palo Alto Health Care System (VAPAHCS), Palo Alto Division, Fisher House 1 3801 Miranda Avenue, Palo Alto, CA 94304

NAICS Code: 236220 Commercial and Institutional Building Construction ($39.5M) IAW VAAR 836.204: Disclosure of magnitude is Between $2,000,000 and $5,000,000.

Wage determination CA20200018 applies to this requirement

NOTE #1 to Offerors: This solicitation is a Request for Proposal. Phase one is the qualifying stage of the solicitation, Phase Two consist of qualified candidates submitting technical and price proposals.

NOTE #2 to Offerors: Addendum to block 11, Standard Form 1442: A separate Notice to Proceed will be issued for Design and construction. Design shall be completed prior to the start of construction. Design time is 161 Calendar Days.

Note #3 to offerors: IAW Acquisition Flash 12-20 at the time of submission of Offer, Offeror must affirm that it is a SDVOSB concern and is verified for eligibility in VETBIZ VIP Database.

Note # 4 to offerors: IAW FAR 15.101-2, the acquisition method is a Best Value Trade-Off Source Selection Process.

Note #5 TO OFFERORS: Addendum to block 13 b) Offer Guarantee is required for phase II of the solicitation.

Note # 6 to offerors: a site visit will be scheduled after Phase One of the solicitation has been completed.

All documentation must be submitted electronically to jose.hernandez1@va.gov and charee.harris@va.gov x x 52.211-10 X 14:00

PDT

06-27-2022 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( 41 U.S.C. 3304(a) (

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31a. NAME OF CONTRACTING OFFICER

TO SIGN

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

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

(Include ZIP Code) (Include area code) (Include only if different than Item 14.)

(Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each) (Type or print) (4 copies unless otherwise specified) (Type or print) (Type or print) (Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

(Must be fully completed by offeror) (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

612MCP

Department of Veterans Affairs VA Northern California HealthCare System 3230 Peacekeeper Way, Bldg. 209 McClellan

CA

95652-1012 Department of Veterans Affairs FMS VA-9(101) Financial Services Center PO Box 149971 Austin

TX

78714-9971

Table of Contents

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

1.1 PROPOSAL MATERIAL:

Proposal materials consisting of the statement of work, specifications, other attachments, and contract forms are included and/or attached as part of this Request For Proposal. The VA will not provide printed copies of the specifications or solicitation documents. It is the responsibility of the offeror to obtain the proposal materials in a time and manner sufficient to respond to this solicitation by the specified due date.

1.2 BID GUARANTEE:

A Bid Guarantee, SF 24, is required in an amount not less than 20 percent of the proposal price but shall not exceed $3,000,000. Failure to furnish the required bid (proposal) guarantee in the proper form and amount, by the time set for receipt of proposals, may result in the rejection of the proposal. Copies of the SF 24 may be obtained from http://www.gsa.gov/portal/forms/type/TOP.

1.3 PAYMENT & PERFORMANCE BONDS:

The offeror to whom award is made will be required to furnish two bonds, a Payment Bond, SF 25A, and a Performance Bond, SF 25, each in the penal sum as noted in the General Conditions of the Solicitation. Copies of SFs 25 and 25A may be obtained from http://www.gsa.gov/portal/forms/type/TOP.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 AVAILABILITY OF SOLICITATION DOCUMENTS:

All solicitation related documents will be published to: SAM.GOV https://sam.gov/content/home.

2.2 SDVOSB SET-ASIDE:

This procurement is100% set-aside for Service-Disabled Veteran-Owned Small Business concerns. Offers received from other than Service-Disabled Veteran-Owned Small Business concerns will not be considered. All Service-Disabled Veteran-Owned Small Businesses must be listed as “verified” by the VA’s Center for Veterans Enterprises (CVE) http://www.vetbiz.gov. Offerors must be verified by CVE and visible in the Vendor Information Pages (VIP) database at TIME OF SUBMISSION OF OFFERS IN PHASE ONE, PHASE TWO AND AT TIME OF AWARD. Failure to be BOTH visible and verified in Phase One, Phase Two and at time of award will result in the offeror’s proposal being deemed unacceptable and ineligible for award.

2.3 TECHNICAL QUESTIONS:

Questions of a technical nature must be provided in writing and shall be submitted by the prospective offerors to Jose Hernandez and Charee Harris. Questions shall be submitted only via e-mail to: Jose.hernandez1@va.gov and Charee.Harris@va.gov. The subject line must read: Project No. 640-22-111 Fisher House 1 – Life Safety Corrections, Palo Alto, Technical Questions. Oral questions of a technical nature are not acceptable. Instructions for Phase II technical questions will be provided as part of the Phase II notices.

2.4 AMENDMENTS:

Amendments to this solicitation will be posted at SAM.GOV https://sam.gov/content/home. Paper copies of the amendments will NOT be individually mailed. No other notification of amendments will be provided. Potential offerors are advised that they are responsible for obtaining and acknowledging any amendments to the solicitation. Failure to acknowledge an amendment may result in your proposal being considered unacceptable.

2.5 PREPARATION OF PROPOSALS:

The Government will not pay for any costs incurred in preparation and submission of proposals.

2.6 SELECTION PROCEDURES:

This solicitation is issued as a Request For Proposal (RFP) utilizing the two-phase design-build selection procedures in accordance with FAR 36.301. Phase II of the solicitation shall be prepared in accordance with FAR Part 15, with evaluation criteria developed in accordance with FAR 15.304. The Government intends to award a contract resulting from this solicitation to the responsible Offeror whose proposal represents the best value to the Government. It is the intent of the Government to award without discussions; however, the Government reserves the right to conduct discussions if necessary. If discussions are deemed necessary to maximize the Government’s ability to obtain the best value, discussions will be held only with those Offerors within the competitive range.

All Phase I and Phase II proposals shall be subject to evaluation by a team of Government personnel. The proposals will be evaluated in accordance with the content provided in the solicitation. In Phase I of the Two-Phase Design-Build process, Offerors will submit a proposal in accordance with the two (2) evaluation factors listed below. Upon receipt of Phase I proposals, the VA team will evaluate and determine the highest qualified Offerors based on their Phase I submissions. A maximum of three (3) Offerors will be selected to provide a proposal for Phase II. Offerors not selected to provide a Phase II proposal will be notified that they are no longer being considered for this project. Phase II proposals will be evaluated in accordance with FAR Part 15 using both Non-Price and Price evaluation factors listed below for Phase II. The Government intends to award a contract resulting from this solicitation to the responsible Offeror using a Trade- Offs method, after evaluations, in accordance with the factors in the Two-Phase Design-Build solicitation. Using the tradeoff process under best value, it may be in the Government’s best interest to consider award to other than the lowest price Offeror or other than highest Non-Price rated Offeror. A responsible determination will be made in accordance with FAR 9.1, Responsible Prospective Contractors.

Evaluations will be based on the following evaluation factors:

Phase I

1. Technical Approach

2. Specialized Experience Phase II

1. Technical Solution (Non-Price)

2. Management Approach (Non-Price)

3. Draft Project Schedule (Non-Price)

4. Price

2.7 PROPOSAL REQUIREMENTS:

A. GENERAL:

1. Proposals shall be based on solicitation document issued for RFP number 36C26122R0051. Proposals will be in the format stipulated in this document.

2. Proposals shall be received on or before the date and time specified in Block 13 of the SF 1442. There will be no public opening of the proposals.

3. Proposal Submission:

i. Submit proposals via e-mail to: jose.hernandez1@va.gov

ii. Emails are limited to five (5) MB.

iii. Only e-mail proposals will be accepted. Hard-copy proposals will not be accepted.

4. Bid Bond (PHASE II ONLY):

i. The bid bond shall be submitted as part of the electronic proposal submission. An original hard copy of the bid bond may be requested by the VA, after the award selection.

ii. Failure to furnish the required bid guarantee on the proper SF 24 and for the proper amount, by the time specified in Block 13 of the SF 1442, shall result in rejection of the proposal. See FAR Provision 52.228-1, Bid Guarantee, contained in the solicitation.

5. Page size for all proposal documents will be 8.5 x 11 inches, with 1-inch margins around the page perimeter. Pages will be single spaced. Each page shall count as one (1) page. Proposals shall be submitted using Times New Roman, with font no smaller than 11 point with normal proportional spacing.

6. Page formatting restrictions do not apply to drawings, but each page does apply to the page count. Submission of the draft project schedule can be submitted utilizing larger paper of 11 x17 inches. Pages submitted in excess of the page count will not be evaluated.

B. PHASE I PROPOSAL FORMAT AND EVALUATION:

1. Format: The offer, including title page, detailed table of contents, and preface for Phase I shall be submitted in one (1) PDF document and shall not exceed a total of TEN (10) pages. The Offeror shall not include any price or price related material in the Phase I proposal. Use graphic presentations where such use will contribute to the compactness and clarity of the proposal.

2. Evaluation Factors: The Phase I proposal shall address the following evaluation factors. The following factors are in descending order of importance.

Factor 1: Technical Approach Submission Criteria: The offeror shall provide a brief narrative (page limitation: Five (5) pages) describing the offeror’s approach to achieving design and construction to upgrade and improve the Life Safety features for the Existing Fisher House 1 (FH1) at VA Palo Alto Division (PAD). The DB team shall reference the 20-Bedroom Fisher House Prototype to develop the propriate Life Safety features. If the page limits are exceeded, the pages exceeding the limit will not be read or considered.

The narrative must include:

1. Design Approach: Describe the techniques and methods for an efficient, effective design; and

2. Construction Approach: Describe the techniques and methods for this construction project to include coordination with the design packages, projected timelines and coordination of work.

Evaluation Methodology: The VA will evaluate Technical Approach, and use as an aid, to help determine that the Offeror understands the complexity and risks of performing all the required elements. The Offeror’s narrative should provide enough detail to demonstrate that the scope and complexity of the project requirements are understood and will be successfully completed. This factor will be evaluated in a pass/fail basis.

Factor 2: Specialized Experience Submission Criteria: Provide a minimum of one (1) and a maximum of three (3) projects completed within the last five (5) years similar in size, complexity, and scope to this project. Projects must demonstrate an offeror’s experience as a prime contractor managing multiple subcontractors to include A-E firms if applicable. The five (5) years applies from the issuance date of the solicitation. If the contractor does not possess Design-Build (D-B) experience, provide a minimum of (1) and a maximum of two (2) projects completed by the A-E firm similar in size, complexity, and scope to this project in addition to the one (1) to three (3) projects submitted for the prime contractor. For purposes of this evaluation, a relevant project is further defined as general construction work projects similar in size and scope to this requirement. Project(s) shall have a minimum value of $1Million and be Design-Bid-Build (D-B-B) or D-B.

For multiple award and indefinite delivery/indefinite quantity type contracts, the contract as a whole shall not be submitted as a project; rather Offerors shall submit the work performed under a task order as a project. If the Offeror is a Joint Venture (JV), relevant project experience should be submitted for projects completed by each individual entity, in addition to any work performed by the Joint Venture itself.

For each project identified, include the following information at a minimum:

· Project Title and Description, Project Location (Physical Address); Contract Type (Example: Design-Build, Design-Bid-Build).

· Project owner name and telephone number of the owner’s contact person.

· Brief description of the scope of work.

· Project prime contractor and major subcontractors.

· Project statistics including start and completion dates (original vs. actual) and project cost (original vs actual). If original vs actual completion dates and project cost differ, please provide an explanation as to why they differ. Offer should be clear as to whether the delay was attributed to the Government, the offeror, or both.

Evaluation Methodology: Specialized Experience will be evaluated on the Offeror’s specialized experience and competence and capability to perform. Specialized experience and competence will be evaluated based on the experience and expertise demonstrated by the Offeror and relevant and recent experience of design-build and/or design-bid-build contracts of comparable size, complexity, and scope within the last five (5) years. The five (5) years applies from the issuance date of the solicitation. If D-B experience is not applicable, the construction contractor and the A-E firm will be evaluated on relevant and recent projects to the applicable portion of the project, construction, or design respectively. This factor will be evaluated in a pass/fail basis.

PHASE II PROPOSAL FORMAT AND EVALUATION:

1. Format: Phase II proposals shall be based on solicitation documents and the instructions provided by the Contracting Officer in the Phase II Notice of Offerors notifying Offerors that they were selected as one of the most qualified Offerors in Phase I. Technical (Non-Price) and Price sections of the Offerors proposals will be evaluated independently; therefore, the Offeror shall submit the proposal in three (3) Volumes.

(Volume I: Technical, Volume II: Price and Volume III: Administrative). The contractor shall NOT include price information in Volume I, Technical. All three (3) volumes must be labeled with the Offeror's organization, business address, and VA Solicitation Number.

i. Volume I, including, all Non-Price factors (Technical Solution, Management Approach, and Draft Project Schedule) shall not exceed a total of Ten (10) pages.

ii. Volume II including price only shall not exceed a total of Five (5) pages following the formatting requirements stated in general proposal requirements.

iii. Volume III Administrative: Offerors shall include the following in Volume III. All of the below information must be provided. An Offeror may be considered unacceptable if these items are not provided in the proposal.

a. Offeror shall acknowledge all amendments, by providing the number and date, in section 19 of the SF 1442 or by signing and returning each SF 30.

b. Bid Bond (see FAR Provision 52.228-1, Bid Guarantee, contained in the solicitation).

c. Offeror shall complete Clause 852.219-78 - VA Notice of Limitations on Subcontracting-Certificate of Compliance for Construction and return with their proposal submission. Completed form will become part of the official award documentation.

d. Offeror shall include the Safety or Environmental Violations and Experience Modification Rating Information, including filling out Attachment 3.

All Offerors shall submit information pertaining to their past Safety and Environmental record. The information must contain a certification that the Offeror has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or any EPA violation(s) in the past three years. If such certification cannot be made, an Offeror shall 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 submit a written explanation of the EMR from its insurance carrier furnished on the insurance carrier’s letterhead, describing the reasons for the elevated 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.

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.

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

*If the EMR rating for the subcontracting tiers cannot be provided at time of proposal submission, the prime contractor shall acknowledge this and provide as a submittal with the insurance and bonding requirements.

Failure to provide the RFP Attachment 3 containing the above information, may result in a determination that an Offeror is not responsible and therefore ineligible for award.

iv. The Offeror shall submit Volumes I, II, and III in electronic format as searchable PDF documents. The proposal, in its entirety, shall not exceed three emails (one for each volume) of 5MB each. Include page numbers and the company name in the header or footer of each page.

2. Evaluation Factors: The Phase II proposal shall address the following evaluation factors, which are cited below. The following factors are in descending order of importance. All Phase II (Non-Price) technical evaluation factors, when combined, are approximately equal to price.

Volume I: Technical Factor 1: Technical Solution (Volume I - Non-Price):

Submission Criteria: The Offeror shall submit a narrative description, diagrams and/or drawings of how they intend to approach the scope of work to successfully complete design‐build services for this project in accordance with solicitation requirements and VA guidelines. The Offeror’s narrative should provide enough detail to demonstrate that the scope and complexity of the project requirements are understood and will be successfully completed. The Offeror shall address areas of concern and describe how they will minimize risk in conjunction with the identified areas of concern.

The Offeror shall describe the approach for completing the project in a timely manner without causing disruptions to facility during normal business hours. It is critical to the VA mission that services remain intact with minimal disruption. The Offeror shall propose a solution for materials staging, temporary trailer offices, parking, and other contractor activities.

Evaluation Methodology: Technical Solution (Volume I – Non-Price) will evaluate to determine that the Offeror understands the project and can perform all the required elements. The VA will evaluate an Offeror’s specific detail regarding design, constructability, and site-specific considerations.

Factor 2: Management Approach (Volume I - Non-Price):

Submission Criteria: The Offeror shall submit an organizational chart and indicate the prime responsible firm (or firms, if a J/V) and individuals, as well as the roles and responsibilities of individuals proposed as consultants and subcontractors. Provide a list of all consultants and all proposed major subcontractors, including telephone number, address, and name of contact. Please delineate the approximate percentage of work the prime contractor will perform and the approximate percentage of work the subcontractors (collectively) will perform.

The Offeror shall provide resumes that describes the design build team’s qualifications, to include education and/or certification(s), of the following personnel (page limitation, two (2) pages per requested resume):

a. DB Project Manager

b. Construction Project Management/Site Superintendent

c. Lead Architect

d. Lead Engineer For each of these “key personnel,” the offeror shall identify if those individuals are currently committed/working on another project and note the anticipated completion date.

Evaluation Methodology: Management Approach (Volume I – Non-Price) will evaluate the relevant management, technical personnel and subcontractor capabilities and qualifications of the team to provide the required planning, implementation, and completion of the project. The VA will consider education and certifications, as well as experience in an operational health care facility. The VA will also evaluate how the Offeror organized personnel for this project, and the lines of authority between the construction firm, design firm, and key subcontractors.

Factor 3: Draft Project Schedule (Volume I - Non-Price):

Submission Criteria: The Offeror shall submit a draft Critical Path Method (CPM) schedule for the design and construction satisfying the requirements of this project. The schedule should show the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including design, acquiring materials, plant, and equipment, mobilization, demolition, installation, finalization, etc.). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given point during the period.

The VA will evaluate and use as an aid to help determine that the Offeror understands and can perform all of the required elements to complete the project in the time frame specified with limited impact, to the greatest extent possible, to the Medical Center. (The draft project schedule submitted with the offer should not be construed as the agreed upon schedule as per FAR 52.236-15, the contractor shall, within twenty-one (21) calendar days after receiving the Notice to Proceed, submit an interim project schedule which will supersede the draft project schedule submitted in the Phase II proposal. The interim project schedule will be subject to VA approval and must show the project being accomplished within the time frame specified on the SF 1442 (Block 11).

Evaluation Methodology: Draft Project Schedule (Volume I – Non-Price) will evaluate and use as an aid to help determine that the Offeror understands and can perform all of the required elements to complete the project in the time frame specified with limited impact, to the greatest extent possible, to the Medical Center.

EVALUATION STANDARDS. Evaluation factors will be rated using the following adjectival descriptions.

Outstanding: Proposal meets requirements and indicates an exceptional approach and understanding of the requirements. Strengths far outweigh any weaknesses. Risk of unsuccessful performance is very low.

Good: Proposal meets requirements and indicates a thorough approach and understanding of the requirements. Proposal contains strengths which outweigh any weaknesses. Risk of unsuccessful performance is low.

Acceptable Proposal meets requirements and indicates an adequate approach and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact on contract performance. Risk of unsuccessful performance is no worse than moderate.

Marginal: Proposal does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements. The proposal has one or more weaknesses which are not offset by strengths. Risk of unsuccessful performance is high.

Unacceptable: Proposal does not meet requirements and contains one or more deficiencies. Proposal is unawardable.

Volume II: Price Factor 1: Price Proposal Requirements (Volume II):

Submission Criteria: Carefully follow “Instructions, Conditions, and Notices to Offerors”. Standard form (SF) 1442 Solicitation, Offer and Award (Construction, Alteration, or Repair) and the Price Schedule when submitting price offers. Submit a bid guarantee as stipulated in the solicitation. Please note commercial bid bonds are not acceptable.

In addition to the pricing schedule, Offerors shall submit a complete Breakdown of the Division Pricing for all Line Items. The prices shall be Firm Fixed Price. The Offeror shall take care not to include remarks that take exception to the Government’s solicitation and attachments or pricing requirements or otherwise preclude the Government from evaluating the offer or render the offer as nonconforming or unacceptable.

If the Offeror communicates in its proposal any qualifications, exceptions, exclusions, or conditions to the proposed prices not provided for in the Offerors proposal documents, the Contracting Officer may reject the proposal and exclude the Offeror from discussions.

Evaluation Methodology: Price (Volume II - Price) the total evaluated price will be determined by the Offeror’s price for the Base and all options. Note: The VA will look at the total evaluated price and (Non-Price) technical factors to determine the best value. “Best Value” means the expected outcome of an acquisition that, in the Government’s estimation, provides the greatest overall benefit in response to the requirements. In accordance with FAR 15.101-1, all Phase II (Non-Price) technical evaluation factors, when combined, are approximately equal to price.

C. FINAL PROPOSAL REVISIONS (section only applies if discussions are conducted):

1. If determined to be necessary, proposal revisions will be requested from the Offerors determined by the CO to be in the competitive range based on the selection criteria. Discussions may be conducted with those Offerors falling within the competitive range, after which proposal revisions will be requested. Proposal revisions will be submitted as per Section 2.7(A), above, except as noted below and will be due at a time and place to be determined.

Offerors submitting proposal revisions will not be requested to re-submit any documents which are unchanged from their initial proposals. Offerors will provide necessary changes to individual paragraphs, as briefly as possible, and include a table of contents, which indicates where within the initial proposal the additional information or changed documents would be placed. Proposal revisions shall include a completed SF 1442 that acknowledges receiving all amendments, by number and date, in section 19 of the SF 1442 or by signing and returning each SF 30. A new bid bond shall be submitted only if the final proposal revisions Offeror’s price proposal is greater than its initial price proposal.

2.8 SYSTEM FOR AWARD MANAGEMENT (SAM):

Federal Acquisition Regulations require that federal contractors register in the System for Award Management (SAM) database at http://www.sam.gov and enter all mandatory information into the system. Offerors are required to be registered in SAM at the time an offer is submitted in order to comply with the annual representations and certifications requirements. The Offeror shall be registered at time of Phase I submission, Phase II submission, and award.

2.9 REVIEW REQUIRED REGISTRATION WITH CONTRACTOR

PERFORMANCE ASSESSMENT SYSTEM (CPARS):

As prescribed in Federal Acquisition Regulation (FAR) Part 42.1502(e), the Department of Veterans Affairs (VA) evaluates contractor past performance on all construction contracts that exceed $750,000, and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that the contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement VA uses an online database, CPARS, which is maintained by the Naval Seal Logistics Center in Portsmouth, Virginia. CPARS has connectivity with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies. PPIRS is the system used to collect and retrieve performance assessment reports used in source selection determinations and completed CPARS report cards transferred to PPIRS. CPARS also includes access to the federal awardee performance and integrity information system (FAPIIS). FAPIIS is a web-enabled application accessed via CPARS for contractor responsibility determination information.

Each contractor whose contract award is estimated to exceed $750,000 is required to register with CPARS database at the following web address: http://www.cpars.gov/. Help in registering can be obtained by contacting Customer Support Desk @ DSN: 684-1690 or COMM: 207- 438-1690. Registration should occur no later than thirty days after contract award, and must be kept current should there be any change to the contractor’s registered representative.

For contracts with a period of one year or less, the contracting officer will perform a single evaluation when the contract is complete. For contracts exceeding one year, the contracting officer will evaluate the contractor’s performance annually. Interim reports will be filed each year until the last year of the contract, when the final report will be completed. The report shall be assigned in CPARS to the contractor’s designated representative for comment. The contractor representative will have thirty days to submit any comments and re-assign the report to the VA contracting officer.

Failure to have a current registration in the CPARS database, or to re-assign the report to the VA contracting officer within those thirty days, will result in the Government’s evaluation being placed on file in the database with a statement that the contractor failed to respond.

2.10 BACKGROUND INVESTIGATIONS AND SPECIAL AGREEMENT CHECKS:

All contractor employees are subject to the same level of investigation as VA employees who have access to VA Sensitive Information. The level of background investigation commensurate with the level of access needed to perform the statement of work is: Low Risk. This requirement is applicable to all subcontractor personnel requiring the same access. Please be advised that the awardee will need to coordinate with the VA Medical Center concerning badging requirements.

2.11 REFERENCES TO VA ENGINEER, RESIDENT ENGINEER OR PROJECT MANAGER:

Any reference contained within the solicitation/contract specifications and/or drawings to the “VA Engineer,” “Resident Engineer,” or “Project Manager” or their abbreviations shall be replaced with “Contracting Officer’s Representative (COR

2.1 52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of Provision)

2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

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

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

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

(End of Provision)

2.3 52.222-23 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:

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 Santa Clara County

(End of Provision)

2.4 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)

2.5 52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—

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

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

(c) The amount of the bid guarantee shall be 20% percent of the bid price or $3,000,000.00, whichever is less.

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

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

(End of Provision)

2.6 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021)

(a) Offerors shall obtain from each person acting as an individual surety on a bid guarantee—

(1) A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203–1; and

(2) Standard Form 28, Affidavit of Individual Surety.

(b) The Offeror shall include with its offer the information required at paragraph (a) of this provision within the timeframe specified in the provision at FAR 52.228–1, Bid Guarantee, or as otherwise…