36C26123R0015 Solicitation.docx

1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

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

9. FOR INFORMATION

CALL:

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

SEALED BID (IFB)

NEGOTIATED (RFP)

11. The Contractor shall begin performance within ____________ calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See _____________________________).

YES

NO

a.

Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

b.

An offer guarantee is, is not required.

c.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d.

Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

of 66 36C26123R0015 X 01-16-2023 612-23-1-6001-0002 612A4-22-001 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) Network Contracting Office 21 711 Kapiolani Blvd Suite 200 Honolulu HI 96813 Offers have been authorized and are to be sent by email to Carla Groves at carla.groves@va.gov

Carla Groves 808-539-1310 Project Title: Replace Elevators Throughout Mather VA Medical Center (MVAMC) Project Number: 612A4-22-001 Project Location: 10535 Hospital Way, Mather, CA 95655

The awarded contractor shall provide professional construction services and expertise to replace elevators throughout MVAMC with reliable, safe, and new modernized elevator systems. The awarded contractor shall provide all materials, labor, tools, equipment, transportation, contractor quality control (CQC), supervision, project management, administrative support, and construction services and expertise to construct/install the new elevator systems as required by the scope, construction drawings, and specifications.

NAICS Code: 238290 Other Building Equipment Contractors Size Standard: $16.5M The Government anticipates issuing Firm Fixed Price Contract.

Although not mandatory, all interested firms are encouraged to attend the site visits. See FAR 52.236-27 for scheduled date and time. Assume masks will be required.

The magnitude of construction is between $5,000,000.00 and $10,000,000.00 for the total contract value per VAAR 836.204 Disclosure of the magnitude of construction projects.

Resultant contract will be awarded in accordance with FAR Part 15 - Contracting by Negotiation. This procurement is Best Value Tradeoff selection process in accordance with FAR 15.101-1. Both a technical proposal and a price proposal are required. Offerors are strongly encouraged to thoroughly read this entire request for proposal.

Solicitation Instructions to Offerors, Evaluation of Offers, Basis of Award, Solicitation Provisions, and Representations and Certifications will be physically removed from any resultant award; however, Solicitation Provisions and Representations and Certifications will be deemed to be incorporated by reference in the resultant contract award.

Bid Bonds, Payment Bonds, and Performance Bonds are required.

The prime contractor shall comply with subcontracting limitations as defined in 13 CFR 125.6

DBA Wage Decision No. CA20220018 is attached to this solicitation and applies to this project.

X X 52.211-10 X 3:00pm

PDT

03-03-2023 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

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) Network Contracting Office 21 459 Patterson Rd Honolulu HI 96819-1522 Department of Veterans Affairs FMS VA-9(101) Financial Services Center PO Box 149971 Austin TX 78714-9971 Daniel Jhun Contracting Officer

Table of Contents

Scope Of Work (SOW) - Replace Elevators Throughout Mather Medical Center Project # 612A4-22-001

1. GENERAL INTENT

A. The purpose of this project is to replace elevators throughout Veteran Affairs Northern California Health Care System (VANCHCS) with reliable, safe, and New Modernized Elevator Systems. There exists a total of seven (7) elevators scoped for replacement at the Mather Medical Center. Elevators will be replaced in groups listed as CLINs to the contract.

B. The scope of this project covers the following VANCHCS campuses – Mather.

C. The Contractor shall furnish:

1. Construction: all labor, materials, supervision, and administration for the construction phase of this contract.

D. This project is based on the following CLINS and are in priority order for execution.

1. CLIN 1

a. Mather Building 650 (Elevator 1)

b. Mather Building 650 (Elevator 2)

2. CLIN 2

a. Mather Building 700 (Elevator 3)

b. Mather Building 700 (Elevator 4)

c. Mather Building 700 (Elevator 5)

3. CLIN 3

a. Mather Building 700 (Elevator 1)

b. Mather Building 700 (Elevator 2)

2. PROJECT SCOPE

A. The Contractor shall provide seven (7) New fully functional and complete Elevator Systems for the VANCHCS Mather campus in accordance with the attached drawings; Elevator Study Project 612A4-19-001 Exhibit A: Drawings, Exhibit B: Specifications.

B. The period of performance for the project is 360 calendar days after Notice to Proceed (NTP).

C. The Contractor shall ensure that no more than one (1) Elevator in each building is non-operational at any given time.

D. The Contractor shall replace and upgrade all Electrical Power System’s components and upgrade deficiencies to comply with latest edition of NFPA70, NFPA72, NFPA99, NFPA101, NEC and all Federal, State, and Local Regulation.

E. All new communication lines shall be CAT6A Plenum rated.

F. The contractor shall provide a detailed phasing plan of construction activities prior to the start of work to avoid disruption to VA services.

1. Prior to commencing work, the Contractor shall provide a written test plan that includes proposed dates and time elements, recommended processes meetings with the VA and The Joint Commission (JTC) standards, detailed certification processes and report, and continuity of all system requirements.

2. For sites that have multiple Elevators, only one (1) Elevator can be down servicing each specific area at any specific time. Coordination with the COR is required to allow for more than one (1) elevator to be down.

3. For sites that have only one (1) elevator servicing the building the total time the Elevator can be down is thirty (30) calendar days. Additionally, elevator replacement stage is from decommissioning of existing elevators to full acceptance of new and fully operational elevators.

4. See table below for elevator replacement items.

J. The Contractor shall provide a 3rd party Senior elevator inspector to be approved by the VA. The inspector shall be a safety engineer and shall have at minimum 4 years of experience inspecting elevators for installation approval and safety inspection experience and be familiar with VA elevator specifications and installations.

K. The Contractor is responsible to for appointing an individual, company or firm to act as the Commissioning Agent.

L. The Contractor shall assign a Commissioning Manager to manage commissioning activities of the Contractor, and subcontractors.

M. The Contractor shall re-route all conduit and feeds as necessary to accommodate the installation for new equipment, due to size and/or functionality.

N. All load transfers and outages shall occur at night or over the weekends and should be priced in this manner.

O. Site Utilities

1. The Contractor shall provide new electrical connections and coordinate electrical shutdowns to be tied into VA systems

2. Cabling shall be properly bundled, labeled, through conduits on both ends

3. All data cabling shall be Plenum CAT6A shielded

4. The contractor shall install all necessary signal wiring and cabling

5. The Contractor shall provide UPS back-up for emergency/power loss situations.

P. Construction work is to be during normal hours, 7:30AM to 4:00PM. Any work where noise exposure equals or exceeds 85 dBA is to be accomplished on weekends and/or after working hours.

Q. All outages are after normal business hours. Submit outage notice twenty-21 (21) Calendar days in advance of the outage date for approval.

R. Any permitting and monitoring requirements for this project shall be developed and managed by the Contractor.

S. Removal of existing systems/components/cabling shall be uninstalled and removed from each VA campus location. Un-used systems/components/cabling shall be removed to clean up space where available. Coordinate with the COR for removal of un-used systems.

3. RECORDS MANAGEMENT REQUIREMENTS

A. The following standard items relate to records generated in executing the contract and should be included in a typical Electronic Information Systems (EIS) procurement contract:

B. Citations to pertinent laws, codes, and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

C. Contractor shall treat all deliverables under this contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

D. Contractor shall not create or maintain any records that are not specifically tied to or authorized by this contract using Government IT equipment and/or Government records.

E. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

F. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

G. The Government Agency owns the rights to all data/records produced as part of this contract.

H. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

I. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

J. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

K. Contractor is required to obtain the Contracting Officer's approval via the COR prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

4. ATTACHMENTS

1. Specification_Replace Elevators B650 and B700_UPDATED_01-13-23

2. B650 and B700 Elevator Package

----END OF STATEMENT OF WORK -----

NEW COMMUNITY

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

1. Proposal materials consisting of drawings, specifications and contract forms may be obtained by general (prime) contractors interested in submitting proposals direct to the Department of Veterans Affairs and by suppliers and subcontractors for their use in preparing sub-bids for general (prime) contractors from the Governmentwide Point of Entry (GPE) website at https://sam.gov/ under solicitation number 36C26123R0015. By registering at https://sam.gov/, prime contractors, suppliers and subcontractors will have access to download plans, specifications and amendments

1. A Bid Bond, Standard Form (SF) 24, is required for this solicitation. A bid guarantee is required in an amount not less than 20 percent of the bid price, but shall not exceed $3,000,000.00. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for the opening of proposals, 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. Copies of the SF 24 can be obtained at the U. S. General Services Administration website, https://www.gsa.gov/reference/forms. The bid guarantee must be submitted electronically with the proposal.

1. The offeror to whom award is made will be required to furnish two (2) bonds, a Performance Bond, to be executed on the proper SF 25, and a Payment Bond, to be executed on the SF 25A, each in the penal sum of 100% of the bid. Copies of the SF 25 and SF 25A can be obtained at the U. S. General Services Administration website, https://www.gsa.gov/reference/forms.

1. Disclosure of the magnitude of construction: In accordance with (IAW) Veterans Affair Acquisition Regulation (VAAR) 836.204, Disclosure of the magnitude of construction projects, the magnitude of construction for this project is between $5,000,000.00 and $10,000,000.00.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

1.1 AVAILABILITY OF SOLICITATION DOCUMENTS:

All solicitation related documents will be published to and to, and only be accessible via, https://sam.gov/.

1.2 SMALL BUSINESS SET-ASIDE:

This procurement is 100% set-aside for Veteran-Owned Small Business (this includes Service Disabled Veteran-Owned Small Business) concerns. Offers received from other than Veteran-Owned Small Business concerns will not be considered.

1.3 TECHNICAL QUESTIONS:

Questions of a technical nature must be provided in writing, and shall be submitted by the prospective offerors, to Carla Groves. Questions shall be submitted only via e-mail, using the REQUEST FOR INFORMATION (RFI) form (see attachments) to: carla.groves@va.gov. The subject line must read: Replace Elevators Throughout Mather VA Medical Center – Technical Questions. Oral questions of a technical nature are not acceptable. THE CUT-OFF DATE AND TIME FOR RECEIPT OF TECHNICAL QUESTIONS IS Tuesday, February 11, 2023 at 3:00 PM Pacific Time.

1.4 AMENDMENTS:

Amendments to this solicitation will be posted at https://sam.gov/. 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.

1.5 PREPARATION OF PROPOSALS:

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

1.6 SELECTION PROCEDURES:

All 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. The Government intends to award a firm fixed price (FFP) contract, as required by the procedures pursuant to FAR Part 15.101-1, tradeoff process, and FAR Subparagraph 6.401(b)(1). The tradeoff process will be IAW FAR 15.3, Sources Selection, and the contract resulting from this solicitation will be awarded to that responsible offeror, pursuant to FAR 9.104, whose offer, conforming to the solicitation, is determined to be the most advantageous to the Government considering price and non-price evaluation factors. Award may be made to other than the lowest priced offeror or other than the highest non-price rated offeror. Business judgments and tradeoffs will be used to determine the proposal offering the best value to the Government.

All offers will be evaluated individually on their own merit and in accordance with the following evaluation factors:

Factor 1: Licensed Elevator Contractor Factor 2: Contractor Experience/Expertise Factor 3: Past Performance Factor 4: Price

In accordance with FAR 15.101-1, the following evaluation factors are listed in order of descending importance. All non-price evaluation factors (evaluation factors 1-3), when combined, are approximately equal to price (evaluation factor 4). The contract resulting from this solicitation will be awarded to that responsible offeror who offer, conforming to the solicitation, is determined to be the most advantageous to the Government considering price and non-price evaluation factors. Award may be made to other than the lowest priced offeror or other than the highest non-price rated offeror. Business judgments and tradeoffs will be used to determine the proposal offering the best value to the Government. In determining the best value to the Government, the Government need not quantify the tradeoffs that led to the best value decision.

The Government intends to award a contract without conducting discussions with offerors; however, the Government reserves the right to conduct discussions if later determined to be necessary by the Contracting Officer. The Government will award a contract resulting from this solicitation to the responsible offeror whose offer provides the best value to the Government utilizing the Best Value Tradeoff process, pursuant to FAR 15.308, source selection decision, after determination of responsibility by the Contracting Officer.

1.7 PROPOSAL REQUIREMENTS:

A. Definitions:

Size is defined as any project over $4,500,000.00.

Complexity is defined as a specialized elevator installation/modernization Scope is defined as work or activities related, or closely related to the installation of new elevator systems to include, but not limited to, electrical, communications, water, fire suppression, heating, ventilating, and air conditioning.

Recency is defined as a project completed (100%) within the past five (5) years of the proposal issue date of the RFP.

Relevancy is defined, for purposes of this evaluation, as repair, alteration, installation and related demolition of existing elevators and associated mechanical controls completed (100%). Relevant projects are those that are of similar size, and/or complexity, and/or scope. A project does not have to have all three to be evaluated as relevant.

B. Evaluation Factors:

The evaluation factors from the solicitation are as follows:

Factor 1 – Licensed Elevator Contractor:

Evaluation criteria:

Offeror to provide current State issued elevator contractor license to perform construction, installation, altering, testing, and repair of elevators.

(1) If proposed prime contractor is not the licensed elevator contractor, provide an execution plan which outlines how the prime contractor will meet small business set-aside performance requirements while ensuring construction, installation, altering, testing, and repair of elevator conveyances under the contract is only performed by a licensed elevator company along with the subcontractor’s current State issued elevator contractor license.

Basis of Evaluation:

The basis of evaluation will include whether or not a current State issued elevator contractor license is provided.

(3) State issued elevator contractor license is not provided – ‘unacceptable’ Factor 2 – Contractor Experience/Expertise:

Evaluation criteria:

Offeror shall provide information on a maximum of three (3) relevant and recent projects demonstrating the experience and capability as the Prime Elevator Contractor conducting elevator installation services in addition to working in active healthcare environments. Projects must be similar in magnitude and complexity to each of the five individual packages listed within this project. Offerors shall utilize Solicitation Attachment ‘Factor 2 – Prime Contractor Project Experience’ to provide the required information. The Government reserves the right to contact references for verification or additional information. The Government’s inability to contact any of the offeror’s references or the references unwillingness to provide the information requested may affect the Government’s evaluation of this factor.

Basis of Evaluation:

The Government will evaluate Prime Contractor Project Experience based on recency, and relevancy (size, scope, and complexity) of the projects and based on confidence assessment of the offeror’s ability to successfully perform the requirement. The Government will consider the recency and relevance of the information, the source of the information, and context of the data. The assessment of the offeror’s Prime Contractor Project Experience will be used as a means of evaluating the offeror’s probability to successfully meet the requirements of the RFP. Offeror’s projects will be rated as a whole.

Factor 3 – Past Performance:

Evaluation criteria:

If a completed Contractor Performance Assessment Report System (CPARS) evaluation is available, it shall be submitted with the proposal for each project included in Factor 2 for Experience/Expertise. If there is not a completed CPARS evaluation, then submit Past Performance Questionnaires attached ‘Factor 3 – Past Performance (Questionnaire)’ for each project submitted for Factor 2. Evaluations will not be accepted from the designer on a design-build project or from a prime contractor for work performed by a subcontractor. Evaluations shall be completed and signed by the contracting agent and/or their representative responsible for construction contract administration. The offeror shall provide completed evaluations in the proposal. Offeror’s may submit evaluations previously submitted for other solicitations as long as complete, required information is included. Offerors may provide any information on problems encountered and the corrective actions taken on projects submitted under Factor 2 – Experience/Expertise. Offerors may also address any adverse past performance issues. Explanations shall not exceed four (4) single-sided pages in total.

The Government reserves the right to contact references for verification or additional information. The Government’s inability to contact any of the offeror’s references or the references unwillingness to provide the information requested may affect the Government’s evaluation of this factor.

Performance award or additional information submitted will not be considered

NOTES:

1. A Factor 3 - Past Performance (Questionnaire) will not be accepted directly from the offeror. The questionnaire shall be completed and signed by the construction contract administrator of the entity (Government or civilian) for which the construction was completed.

2. A Factor 3 - Past Performance (Questionnaire) will not be accepted for an offeror that performed the work as a subcontractor.

Basis of Evaluation:

ii) Basis of Evaluation: This evaluation focuses on how well the offeror performed on the relevant projects submitted under Factor 2 – Experience/Expertise, AND past performance on other relevant projects currently documented in known sources. In addition to the above, the Government reserves the right to obtain information for use in the evaluation of past performance from any and 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), and any other known sources not provided by the offeror.

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.

In rating Past Performance, the Government will evaluate for recency, relevancy, and quality of contractor performance. Offerors who do not have relevant past performance will receive a neutral rating (neither favorable nor unfavorable) (FAR 15.305)(a)(iv). However, the Offeror with favorable past performance may be considered more favorably than an offeror with Neutral rating.

There is a clear distinction between “experience” and “past performance”. Experience is related to the types and amounts of projects previously accomplished. Past performance relates to how well a contractor has performed. This factor will be rated in accordance with the Relevancy and Quality Rating Method outlined in ‘Factor 3 – Past Performance (Questionnaire)’ attachment.

Factor 4 – Price:

Price proposals shall be submitted for the entire project only. Per VAAR 852.236-92 Notice to Bidders – Additive or Deductive Bid Line Items, Offerors shall submit attachment “Base Bid Item and Deductive Alternates” with their proposal. Offeror’s must submit a bid for all items to be considered for award. Failure to provide a price for all Packages will result in a rejection of the offer.

The government expects that this contract will be awarded based on adequate price competition; however, Offerors shall submit the attachment “Factor 4 – Divisional Cost Breakdown,” which may be compared to the Independent Government Cost Estimate (IGCE) to determine that offered price(s) are fair and reasonable.

Basis of Evaluation:

The Government will evaluate the offeror’s pricing in accordance with FAR 15.404-1(b)(2)(i) to determine if fair and reasonable for the work to be performed. Offerors shall submit the supplemental Divisional Cost Breakdown (attached) to assist the Government in performing the price evaluation. To be considered fair and reasonable the evaluators may check for the appearance of unbalanced prices per FAR subsection 15.404-1(g). Pricing may be determined to be unbalanced if it is significantly less for some work and is significantly overstated for other work. Price will be evaluated separately from the non-price factors in accordance with FAR 15.404-1(b).

1.8 DETERMINATION OF RESPONSIBILITY:

A Determination of Responsibility will be conducted for the apparent “awardee” prior to award of the project. The required information from the proposal, along with other information obtained from Government systems, such as, but not limited to the OSHA and EPA online inspection history databases, as well as any other information the Contracting Officer has determined to be valid, will be used to make the Determination of Responsibility. Failure to affirm being within the guidelines in the proposal may result in a determination of “Non-Responsible” for the Offeror.

The offeror shall complete the attachment “Contractor Certification Regarding Safety and Environmental” document. Offeror shall have no more than three serious, or one repeat, or one willful OSHA or EPA violation(s) in the past 3 years and have an EMR of equal to or less than 1.0. Documentation shall include all open and final OSHA violations for the 3 previous calendar years.

NOTE: Any information received by the Government that would cause for a negative Determination of Responsibility may make the Offeror ineligible for award.

1.9 VETS 4212:

Title 38, USC Section 4212(d), codified at 41 CFR Section 61-300, requires that federal contractors report, at least annually, the number and category of veterans who are within their workforce. Submission of the VETS-4212 reporting information can be done electronically at: http://www.dol.gov/vets/vets4212.htm. Award cannot be made unless the awardee has filed their VETS-4212 report. Therefore, all offerors are encouraged to file every year. The Contracting Officer may request a copy of the email confirmation of receipt notification, prior to awarding the project.

1.10 SYSTEM FOR AWARD MANAGEMENT (SAM):

Federal Acquisition Regulations require that federal contractors register in the System for Award Management (SAM) database at https://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 submission and award.

1.11 REVIEW REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE ASSESSMENT SYSTEM (CPARS):

As prescribed in 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.

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.

1.12 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. As per VA Directive 0710, costs of background investigations will be borne by the contractor.

1.13 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 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2022)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238290.

(2) The small business size standard is $19.5 Million.

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

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

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

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

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

(2) If the provision at 52.204–7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

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

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

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

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

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

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

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

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

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

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

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

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

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

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

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

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.

(D) If the acquisition value is $92,319 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[X](i) 52.204-17, Ownership or Control of Offeror.

[X](ii) 52.204-20, Predecessor of Offeror.

[](iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

[](iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Certification.

[](v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Certification.

[](vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

[](vii) 52.227-6, Royalty Information.

[](A) Basic.

[](B) Alternate I.

[](viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of Provision)

2.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it ‘‘does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument’’ in paragraph (c)(1) in the provision at 52.204–26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212–3, Offeror Representations and Certifications–Commercial Products and Commercial Services.