36C26123R0082_2.docx

36C26123R0082

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.

36C26123R0082 X 06-27-2023

36C261-23-AP-4116

X 640A0-21-100

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 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Northern California HealthCare System 3230 Peacekeeper Way, Bldg 209 McClellan

CA

95652-2609 Jose Hernandez 916-923-4519

Project Number 640A0-21-100, Provide construction services necessary to Upgrade the Fire Alarm System for Buildings 334, 331, 329 and 347. VAPAHCS Menlo Park Division. 795 Willow Road, Menlo Park, California

NAICS Code: 236220 Commercial and Institutional Building Construction Size Standard $45 Million Wage determination CA20200018 applies to this requirement

IAW VAAR 836.204: Disclosure of magnitude is Between $5,000,000 and $10,000,000.

Payment and performance bonds are required

This requirement is 100% SDVOSB set aside

All documentation must be submitted electronically to jose.hernandez1@va.gov

A Site Visit is schedule for Tuesday July 5th, 2023 at 10:00 AM Meeting location: Building 100, Lobby 795 Willow Road Menlo Park, CA 94025

RFIs are due July 17, 2023 at 2:00 PM

X X 52.211-10 X 14:00

PDT

07-27-2023 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

X

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 Jose Hernandez Contracting Officer

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.

2.2 SDVOSB SET-ASIDE:

This procurement is 100% 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 Veteran Small Business Certification (VetCert) website https://veterans.certify.sba.gov/#home. Offerors must be verified and visible in the Veteran Small Business Certification (VetCert) database at TIME OF SUBMISSION OF OFFERS AND AT TIME OF AWARD. Failure to be visible and verified in at submission of offers 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. Questions shall be submitted only via e-mail to: Jose.hernandez1@va.gov The subject line must read: 640A0-21-100 Upgrade Multiple Fire Alarms Systems MPD, Menlo Park - Technical Questions. Oral questions of a technical nature are not acceptable.

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). 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. A responsible determination will be made in accordance with FAR 9.1, Responsible Prospective Contractors.

Evaluations will be based on the following evaluation factors:

1- Volume 1: Technical Proposal Factor 1: Specialized Experience Factor 2: Technical Approach Factor 3: Key Personnel Factor 4: Past Performance

Volume 2: Price Proposal Volume 3: Administrative

2.7 PROPOSAL REQUIREMENTS:

A. GENERAL:

1. Proposals shall be based on solicitation document issued for RFP number 36C26123R0082. 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

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.

PROPOSAL FORMAT AND EVALUATION:

1. Format: Proposals shall be based on solicitation documents and the instructions provided by the Contracting Officer. 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. The 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 (Specialized Experience, Technical Approach, Key Personnel and Past Performance) 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 852.219-75 - VA Notice of Limitations on Subcontracting-Certificate of Compliance for Construction (JAN 2023) (DEVIATION) 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 10.

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 10 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: Proposals shall address the following evaluation factors, which are cited below.

Volume I: Technical FACTOR 1: Specialized Experience Submission Requirements: Offerors are required to submit a comprehensive and complete technical proposal that demonstrates their ability to perform the work described in this solicitation and demonstrate a minimum of 5 years’ experience doing work of similar scope and complexity. Offerors shall exhibit relevant past experience by reporting written narratives for a minimum of three (3) but no more than five (5) relevant Fire Alarm Installation projects between $5,000,000 and $10,000,000 in project cost. At least one (1) project shall demonstrate the relevant construction experience in medical office/clinic/hospital renovation/expansion. The submitted narratives shall explain the work involved in sufficient detail for the Government to evaluate the depth and breadth of experience represented in that project, along with an assessment of the technical capabilities utilized to accomplish the work. All projects submitted for consideration must be at least 75% construction progress complete or completed within 7 years preceding the date proposals are due.

Experience will be evaluated based on the Offeror’s demonstration of similar, relevant, and recent projects within the broad scope of this solicitation for services as described in this solicitation.

The projects must be similar in size, scope and complexity of that described in this solicitation to be considered relevant. For the purposes of this factor, “Relevant” is defined as experience with managing renovation/expansion projects that are similar to those as described in the Scope of Work (See Section C of this solicitation). “Recent” is defined as being completed within the past seven (7) years preceding the date proposals are due.

If the Offeror is a Joint Venture (JV), relevant experience should be submitted by that JV entity. If the JV does not have shared experience, projects shall be submitted for each JV partner relevant to their overall JV partnership. Offerors who fail to submit experience for all JV partners may be rated less favorably. The JV agreement shall be in this section.

If an Offeror is utilizing experience or past performance information from any entity that does not match the name, CAGE code, and/ or Unique Entity ID (UEI) of the Offeror exactly as stated on the SF 1442 (e.g. affiliates, subsidiaries, parent companies, sister companies, etc.) the proposal shall clearly demonstrate how that entity will have meaningful involvement in the performance of the contract and specifically address which resources are being committed to the contract. Failure to comply with this requirement or failure to adequately demonstrate meaningful involvement and commitment of resources on behalf of that entity may result in that experience information to be considered not relevant and may result in lower ratings.

Please note the Small Business Administration (SBA) definition of Joint Venture that must be met in order to submit as a JV entity: “A joint venture is formed for the sole purpose of pooling resources of separate businesses to successfully and cost-effectively support the mission of a government agency. It is considered a new legal entity that requires approval by the Small Business Administration (SBA), a separate federal identification number, and a new SAM user account.” (https://www.sba.gov/federal-contracting/contracting- uide/typescontracts#sectionheader-12 ).

FACTOR 2: Technical Approach Submission Requirements: Offerors shall submit a narrative not-to exceed ten (10) pages addressing the Offeror’s approach to successful management of this contract, including a discussion on each of the following (the below items are not considered to be sub-factors):

(1) Demonstrate and clearly describe approach to subcontractor coordination, scheduling and oversight and approach to establishing and maintaining subcontractor and local community relationships.

(2) Submit a management plan and demonstrate the degree to which the management plan and team organization, including degree of prime participation, coordination, division of work, quality assurance, cost control, a preliminary schedule, sequence of work, estimated work crew size, and proposed equipment to meet the overall requirements of this contract.

FACTOR 3: Key Personnel Submission Requirements: Offerors are required to submit resumes that demonstrate their ability to perform the work described in this solicitation and demonstrate a minimum of five (5) years’ experience doing work of similar size, scope and complexity to that described in the solicitation to be considered relevant on projects that are at least 75% construction complete, for the following positions:

a. Project Manager

b. Superintendent

c. Safety Officer

* Offerors must submit proof of relevant certification (e.g., OSHA, Board of Certified Site Safety and Health Officers (BCSSHO), etc.) for the Safety Officer, OSHA 30-hour Construction Training Course is acceptable.

* Superintendent and Safety Officer may be dual-hatted, but experience shall be demonstrated separately for each position (i.e., if submitting the same person for both roles, that individual must have and demonstrate relevant experience on projects as both the Superintendent and Safety Officer separately).

FACTOR 4: Past Performance Submission Requirements: In accordance with FAR 42.1503(g), past performance will be evaluated using the Contractor Performance Assessment Reporting System (CPARS).

BEST VALUE DETERMINATION

This is a best value trade-off, competitive acquisition. Award will be made to the Offerors whose offers conform to the solicitation requirements, who are determined responsible in accordance with FAR Subpart 9.1 by possessing the financial and other capabilities to fulfill the requirements of the contract; and whose proposals are judged, by an integrated assessment of price and non-price evaluation factors, to be the most advantageous to the Government. The Government will use the best value tradeoff process in determining which Offerors represent best value in accordance with FAR 15.101-1.

EVALUATION CRITERIA

The evaluation criteria include following factors:

Volume 1: Technical Proposal Factor 1: Specialized Experience Factor 2: Technical Approach Factor 3: Key Personnel Factor 4: Past Performance

Volume 2: Price Proposal Volume 3: Administrative

RELATIVE IMPORTANCE OF EVALUATION FACTORS

It is in the best interests of the Government to consider tradeoffs between price and non-price related factors. The relative importance of all evaluation factors is that non-price Factors 1-4 are approximately equal to each other. When the proposal is evaluated as a whole, the non-price factors are more important than price.

The importance of price will increase if the Offerors’ technical proposals are considered essentially equal in terms of overall quality, or if price is so high as to significantly diminish the value of the technical proposal’s superiority to the Government. Proposals will be evaluated on the basis of the established criteria and award will be made to the responsible Offerors whose offer conforms to the solicitation and represents the best value to the Government in accordance with FAR 15.101-1, price and non-price factors considered.

BASIS OF EVALUATION

VOLUME I: TECHNICAL PROPOSAL

Factor 1 - Specialized Experience The basis of evaluation will focus on the Offeror’s demonstrated experience and depth of experience in performing relevant Fire Alarm installation projects as defined in the solicitation submittal requirements. The assessment of the Offeror’s relevant experience will be used as a means of evaluating the capability of the Offeror to successfully meet the requirements of the RFP. The Government will only review a maximum of five (5) submitted projects under this Factor as stated in this section. Any projects submitted in excess of five (5) will not be considered.

The Government will evaluate the Offer’s Experience for strengths, weaknesses, and deficiencies. The standard for this factor is met when the Offeror:

(1) Submits minimum of three (3) but no more than five (5) relevant Fire Alarm installation projects between $5,000,000 and $10,000,000 in project cost that collectively, meet the requirements outlined in the Statement of Work and this solicitation. All projects submitted for consideration must be at least 75% construction progress complete or completed within 7 years preceding the date proposals are due.

Offers that demonstrate a greater depth and breadth of recent and more relevant Fire Alarm Installation experience in shall be rated more favorably.

FACTOR 2 – Technical Approach The basis of evaluation will be a subjective assessment of the Offeror’s approach to effectively managing this contract for the submission requirements under this Factor stated in Section 2.7.

The Government will evaluate the Offeror’s Technical Approach for strengths, weaknesses, and deficiencies. The standard for this factor is met when the offeror’s narrative adequately addresses each of the submission requirements.

More favorable ratings will be given to Offerors who demonstrate a sound management approach, ability to account for unique challenges associated with this contract, and identifies quantitative or qualitative benefits to the Government within their technical narrative.

Failure to address any one of the submission requirements may result in lower ratings.

Proposals providing only a generic acknowledgement of the requirements of this factor may also be given lower ratings.

Any narrative that exceeds the page limitation will be evaluated up to the first five (5) single-sided pages only; any information beyond this limit will not be evaluated and may be considered a failure to address requirements.

FACTOR 3 – Key Personnel The basis of evaluation will be an assessment of the offeror’s key personnel project experience.

In order to meet the requirements of this factor, all three (3) key personnel must demonstrate a minimum of five (5) years’ experience doing work of similar size, scope and complexity for the requirement on projects that are at least 75% construction complete. As a minimum, the Safety Officer must submit proof of relevant certification.

FACTOR 4 - Past Performance The basis of evaluation will be the degree to which past performance evaluations (to include PPQs if applicable) and all other past performance information reviewed by the government (i.e., CPARS, FAPIIS, eSRS, performance recognition documents, etc.) reflect a trend of satisfactory performance. Evaluation of this factor will be an assessment of the overall past performance record.

Offerors need not submit for this factor; but if they choose to, offerors shall submit past performance information on relevant projects that are at least 75% construction progress complete or completed within five (5) years preceding the date proposals are due on projects submitted under Factor 1, Specialized Experience. The Government may seek all relevant performance information on all Offerors in the competitive range through sources such as CPARS or other government databases and other sources that are available. The Government shall not be limited in its search for performance data.

In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305(a)(2)(iv)). Therefore, the offeror shall be determined to have neutral past performance.

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 of all items included in the attached Scope of Work.

B. 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 52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA (NOV 2021)

(a) Exceptions from certified cost or pricing data. (1) In lieu of submitting certified cost or pricing data, offerors may submit a written request for exception by submitting the information described in the following subparagraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable.

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Commercial product and commercial service exception. For a commercial product and commercial service exception, the offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include—

(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities;

(B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market;

(C) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

(2) The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data relevant solely to the offeror's determination of the prices to be offered in the catalog or marketplace.

(b) Requirements for certified cost or pricing data. If the offeror is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:

(1) The offeror shall prepare and submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in accordance with the instructions contained in Table 15-1 of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in Table 15-1 are incorporated as a mandatory format to be used in this contract, unless the Contracting Officer and the Contractor agree to a different format and change this clause to use Alternate I.

(2) As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

(End of Provision)

2.2 52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of Provision)

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

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

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

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

(End of Provision)

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

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

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

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)

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

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

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

(c) Evaluation of offers.

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

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.6 52.228-1 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…