36C26322R0065 Final.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.

36C26322R0065

X 03-07-2022

636-22-4-5988-0002

636-18-304 36C636

Department of Veterans Affairs Network 23 Contracting Office (NCO 23) 111 South 18th Plaza, Suite C38 Omaha NE 68102-2077

Department of Veterans Affairs Network 23 Contracting Office (NCO 23) 111 South 18th Plaza, Suite C38 Omaha NE 68102-2077 Sharon Spohn 402-996-3532 Project: 636-18-304, Construct Combined Energy Plant Phase 1 (Chiller Plant), Omaha, Nebraska VA Contracting POC: Sharon Spohn, Phone: 402-996-3522, Email: sharon.spohn@va.gov

The purpose of this project is to construct a new chiller plant adjacent to the boiler plant on the east side of campus to serve the VA Nebraska-Western Iowa Health Care System - Omaha Campus. The chiller plant will house two (2) centrifugal chillers and relocate the temporary chiller from the existing plant next to the new building. It will also be constructed to be expandable for future campus growth needs. Removal of an existing metal storage shed is required to accommodate this construction.

The contractor shall provide all labor, materials, tools, equipment, and construction services necessary to complete the construction of the project described herein. Work includes site work (excavation, fill, and grading), general construction, electrical, plumbing, and other trades as required to provide a complete and finished product.

NOTICE OF SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS (SDVOSB) SET ASIDE:

This solicitation is issued in accordance with Public Law 109-461, The Veterans Benefits, Healthcare information and Technology Act of 2006, Sections 502 and 503, as set-aside for Service-Disabled Veteran-Owned Small Business (SDVOSB) contractors. Pursuant to 38 USC 8127 (d), competition is restricted to SDVOSB construction firms, as there is a reasonable expectation that two or more offers from SDVOSB contractors will be received under this solicitation. All prospective offerors must be verified in the VetBiz.gov database as a SDVOSB to be considered for award. Please see applicable solicitation provisions and clauses for more details concerning eligibility requirements.

Be sure to complete FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021).

NAICS Code 236220, Small Business Size Standard $39.5 Million.

Magnitude of Construction is estimated between $20M and $50M.

X X

52.211-10 X

4:00 pm

CDT

04-12-2022 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

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

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

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

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

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

TO SIGN

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

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

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

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

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

(Contractor is not required to sign this document.)

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

See Bid Schedule

636-3620162-5988-854200-3220 23NR9WA20

36C636

Department of Veterans Affairs Network 23 Contracting Office (NCO 23) 111 South 18th Plaza, Suite C38 Omaha NE 68102-2077

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

Sharon A. Spohn

VA-VHA-2020-645FFEAB

Table of Contents

SUPPLEMENTAL INFORMATION

1. GENERAL DESCRIPTION:

The services to be rendered hereunder shall consist of Construct Combined Energy Plant Phase 1, VA Nebraska Western Iowa Health Care System, Omaha, Nebraska to be performed as specified in the Statement of Work (SOW).

2. All documentation submittal due times are local time (Omaha, Nebraska).

3. CONTRACT TYPE AND PERIOD OF PERFORMANCE:

Upon award, contract is intended to be a Firm Fixed type for a period of performance period of 520 days after issuance of Notice to Proceed (estimated 550 days after award).

The contractor shall complete the work required under this SOW in above referenced calendar days or less from date of the Notice to Proceed, unless otherwise directed by the Contracting Officer (CO). If the contractor proposes an earlier completion date, and the Government accepts the contractor's proposal, the contractor's proposed completion date shall prevail. Work at the Government site shall not take place on Federal holidays or weekends unless directed by the CO.

4. WAGE DETERMINATION:

Contractor must comply with the most current, at time of proposal due date, Davis-Bacon Act Wage Determination NE20220057, Douglas County, Nebraska. Current rate, at time of Solicitation advertisement, is included. State in the proposal, Volume 2, the Wage Determination applied for your pricing.

Contractor must also comply with the recent FAR 52.222-55 Minimum Wages For Contractor Workers Under Executive Order 14026 (JAN 2022), that requires paying a minimum hourly wage rate of $15.00 per hour beginning January 30, 2022.

5. COMMENCEMENT OF SERVICES:

Commencement of services under this contract is within 10 calendar days after issuance of Notice to Proceed.

6. INSPECTION AND ACCEPTANCE:

The COR will inspect all completed services. Final acceptance will be performed by the COR by verification of the services performed and certification of contractor's invoices.

7. INVOICING PROCEDURES:

Offeror may submit progress payment requests monthly against the FFP CLINs. See VAAR Clause 852.232-72, Electronic Submission of Payment Requests for invoicing procedures.

8. SYSTEM FOR AWARD MANAGEMENT (SAM) REGISTRATION/CONTRACTOR RESPONSIBILITY

All Contractors are required to be registered in SAM Website: www.sam.gov. Copy of SAM Registration must be provided with the proposal and maintained current throughout the performance of the contract.

9. ONLINE REPRESENTATIONS AND CERTIFICATIONS (ORCA):

Please note the requirements of FAR provision 52.204-8. Prospective Contractors shall complete electronic annual representations and certifications at www.sam.gov in conjunction with required registration in the SAM database. Representations & Certifications must be completed and/or updated by the date and time offers are due.

10. MODIFICATIONS:

Contracting Officers of the office issuing the contract, only, may issue Modifications to the contract.

Distribution will be made via email. No hard copies will be distributed.

11. CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS):

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

The government retains the evaluations, contractor responses, and review comments, if any, as part of the contract file. The evaluations are available for Federal Agencies for support of future award decisions through the Past Performance Information Retrieval System (PPIRS).

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

12. COMPOSITE LIST OF ABBREVIATIONS USED IS AS FOLLOWS:

13. POST AWARD SAFETY REQUIREMENTS:

After contract award, the Contractor shall take such safety precautions as the Contracting Officer, or his/her designee may determine to be reasonably necessary to protect the lives and health of the occupants of the buildings. The Contracting Officer or his/her designee will notify the Contractor of any noncompliance with the forgoing provisions and the action to be taken. The Contractor shall after receipt of such notice immediately correct the conditions to which attention has been directed. Such notice, when served on the Contractor or his/her representative at the site of the work, shall be deemed sufficient for the purposes aforesaid. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or any part of the work and hold the Contractor in default.

14. PRE PROPOSAL CONFERENCE, SITE VISITS AND ONE-ON-ONE MEETINGS:

OFFERORS ARE URGED AND EXPECTED to inspect the site where construction is to be performed and to satisfy themselves as to all general and local conditions which may affect the cost of performance of the contract; to the extent such information is reasonably obtainable. In no event will a failure to inspect the site constitute grounds for withdrawal of an offer after opening or for a claim after award of the contract.

15. SOLICITATION QUESTIONS:

Questions must be submitted in writing. Questions shall be submitted via electronic mail (e-mail) to: sharon.spohn@va.gov. Questions will be accepted up to close of business 2:00 p.m. March 2, 2022. All questions and answers will be published via amendment to the solicitation.

16. AWARD:

A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received and granted before award.

17. AMENDMENTS TO SOLICITATION:

Acknowledged receipt of ALL amendments to this solicitation on the Standard Form 1442, back, block 19. If any of the amendments to this solicitation furnish amended sections, the amended sections must be used in submitting your offer.

18. BID GUARANTEE:

Sufficient bid guarantee in proper form, SF24, must be furnished with your offer. See FAR 52.228-1.

19. OFFER ACCEPTANCE PERIOD:

The minimum offer acceptance period is specified in block 13D of the SF1442 – 90 calendar days. Please ensure that you allow at least the stated number of calendar days for the Government to accept your offer.

20. SUBMITTING OFFERS:

Block 8 of the SF1442 specifies the location and Block 13A specifies the due date/time for submission of your offer. Offers must arrive at the designated location by the exact time and date as specified in this solicitation. Offers will only be received by this office via mail or by hand delivery. Transmission of offers by fax to this office is NOT ACCEPTABLE and will result in offers being rejected.

21. FUNDS ARE NOT PRESENTLY AVAILABLE FOR THIS CONTRACT. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. The Government anticipates funds will become available by 30 September 2022. If current Fiscal Year (FY22) funds become available, contract award will be made no later than 30 September 2022. If FY22 funds are not made available, the Government intends to fund this project with FY23 funds by 30 November 2022. Offerors are advised that funding is not presently available for the requirement described in this solicitation and there is no guarantee that funding will be made available for this requirement. Award is subject to the availability of funds. Therefore, offerors are advised that it is possible that no award will be made pursuant to this solicitation. In no event shall the VA be responsible for any costs incurred by the offeror in responding to this solicitation.

22. BASIS OF AWARD: Tradeoff

The Government has determined that trade off procedures is the best value for award. A tradeoff process will be used to determine best value, whereas award might be made to other than the lowest price or other than the highest technically rated proposal.

23. EVALUATION FACTORS

For a proposal to be considered for award, there must be an “acceptable” or higher rating in every non-price factor. The term “technical,” as used herein, refers to non-price factors. The non-price technical evaluation factors for this acquisition, listed from most important to least important, include the following:

Volume I – Technical Proposal:

FACTOR 1: Experience:

This factor considers the extent of the Offeror’s recent and relevant experience on projects of similar scope, magnitude, and complexity.

FACTOR 2: Technical Approach:

This factor considers the Offeror’s proposed construction approach, quality and control, and cost control measures.

FACTOR 3: Key Personnel Experience:

This factor considers the resumes for each of the following key construction personnel: Project Manager, Site Supervisor, Safety Manager, and Quality Manager as well as any known major subcontractors.

FACTOR 4: Draft Project Schedule:

This factor considers the offeror’s draft project schedule that demonstrates understanding of the requirement and timeline by submitting a draft project schedule for construction that adheres to the period of performance of this project.

FACTOR 5: Past Performance:

This factor considers the quality of the work performed on past projects, specifically the projects listed under experience.

Proposal format: The Contractor’s proposal shall be in English and limited to no more than forty (40) 8 1/2 x 11 paper using 12-point size type. (Note: The project schedule itself, CPARS, and past performance evaluations are excluded from this count.)

FACTOR 1: EXPERIENCE:

Relevant: For purposes of this evaluation, a relevant project is further defined as “construction completed in a clinic, hospital or other medical facility space” construction projects over $5 million of similar size and scope that have been awarded within the last five years.

Size: Similar size would include at least 5,000 square feet of new construction or total renovation.

Scope: Similar scope would include utility plants, chiller plants, cooling towers, or similar type “utility/infrastructure usage”.

The offeror shall provide a minimum of one (1) and a maximum of five (5) projects completed within the last five years (5) years similar in size and scope to this project. Projects must demonstrate an offeror’s experience as a prime contractor managing multiple subcontractors. Project(s) shall be 100% completed for Design-Bid-Build (D-B-B) or D-B. Offerors should explain how the information provided is relevant to the proposed acquisition and the projects selected should clearly demonstrate the construction capabilities of the Offeror. In addition, the Offeror must clearly identify for which, if any, of the three especially relevant experience area(s) each project example pertains (e.g. similar building construction, Department of VA construction, and/or other healthcare/hospital renovation project).

Projects performed by contractors other than the offeror (such as teaming partners) will not be evaluated as Relevant Experience of the Prime Contractor unless those other contractors are part of a joint venture for this solicitation as demonstrated by an SBA approved signed joint venture agreement and registered in beta.Sam.com as a joint venture identity.

The Offeror’s submission should include at a minimum:

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

· Project owner name and contact information

· A brief description of the scope of work

· Project prime contractor and major subcontractors

· Project statistics including start and completion dates (original vs actual) and project cost (original vs actual). If original vs actual completion dates and project cost differ, please provide an explanation as to why they differ.

· Problems encountered on identified contracts, if applicable, and the offeror’s corrective actions.

FACTOR 2 – TECHNICAL APPROACH:

Provide a brief narrative describing the Offeror’s method to manage the project to achieve construction objectives as described in the solicitation. Include all aspects covered in the scope of work. The technical approach section should include language that validates the offeror’s knowledge of this type of project and should not be written in general terms. The following shall be included in the narrative:

· Construction Approach: Describe the techniques and methods for this construction project to include coordination with the design, projected timelines and phases, and coordination of work. Include an explanation of the total project management approach for the construction team, to include: partnering/coordination with subcontractors, basic construction team, and concurrent construction activities by others, if any are known.

· Quality and Control: Describe quality control processes during construction phases that will lead to an effective and successful project that completes on-time and meets performance needs and requirements.

· Cost Control: Describe cost control measures during construction phases that will lead to an effective and successful project that completes within budget.

· Explanation of all identified potential risks – especially any related to your preliminary Pre-Construction Risk Assessment (PCRA) and Infection Control Risk Assessment (ICRA). Discuss how risk mitigation activities will be managed for thorough and timely execution.

· Provide proposed plan to minimize the impact of construction on day to day hospital activities.

· Discuss the process your firm will take to handle disruptions, delays, and change orders.

Offerors are specifically instructed to provide clear, unambiguous, and detailed information. Confusing, vague, or conflicting representations of Technical Approach to Demonstrate Technical Competence, including proposals that simply restate the published requirements, will not be rated as highly as proposals that provide clear and detailed information.

FACTOR 3 - KEY PERSONNEL EXPERIENCE:

The Offeror shall provide a resume for each of the following key construction personnel: Project Manager, Site Supervisor, Safety Manager, and Quality Manger as well as any known major subcontractors. For each resume, include company name; name of individual; relevant listing of experience; qualifications such as specialized training, education, experience, etc. For any subcontractors identified, provide a resume for that company, identify any key personnel that will be assigned to the contract resulting from this solicitation, and the relevant experience of both the company and any key personnel that were identified.

The proposals will be evaluated based on the resumes provided by the Offeror. The VA will evaluate the personnel requested and subcontractors based on capabilities and qualifications to provide the required planning, implementation and completion of the project. The team will consider experience and qualifications such as specialized training, education, certifications, and experience in an operational healthcare facility.

FACTOR 4 – DRAFT PROJECT SCHEDULE:

The Offeror shall demonstrate their understanding of the requirement and timeline by submitting a draft project schedule for construction that adheres to the period of performance of this project. The Offeror shall prepare and submit a reasonable construction schedule showing all necessary work elements to complete the project identified under this solicitation. The schedule must be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the performance period. The submitted schedule must be developed using project scheduling software such as MS Project, Primavera, or any other comparable form.

Each Offeror's construction schedule shall address the following:

The proposed schedule must include the activities which are consistent with those described within the project drawings, specs, and Scope of Work documents and must not exceed the Government's maximum allowable performance period. The scope of work shows the period of performance as 520 calendar days after the Notice to Proceed (anticipate 550 calendar days from award). For scheduling purposes, assume an estimated award date of July 30, 2022, and that the Notice to Proceed will be issued thirty (30) calendar days after the award date. (Note that there is no guarantee the award will be made or the Notice to Proceed will be issued within this timeframe.)

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

FACTOR 5 – PAST PERFORMANCE

The offeror shall provide a past performance evaluation for each of the projects listed under experience. If the evaluation is available in CPARS, it shall be submitted with the proposal. If the evaluation is not available in CPARS, then the Offeror shall submit a Past Performance Questionnaire (PPQ) (reference Attachment 6) for each project referenced for Past Performance. The Offeror shall notify their client that the PPQ shall be submitted via email to the Government’s point of contact, Sharon.spohn@va.gov. If the Offeror is unable to obtain a completed PPQ from a client for a project before proposal closing date, the Offeror shall complete and submit with the proposal the first page of the PPQ, which will provide contract and client information for the respective project. The Government may make reasonable attempts to contact the client noted for that project(s) to obtain the PPQ information. Although the Government may make attempts, it is not responsible for ensuring that complete PPQ information is provided and that the Government will evaluate past performance even if complete information isn’t provided. Offerors should follow-up with clients/references to help ensure timely submittal of questionnaires. The page limit does not apply for the CPARS and PPQs.

Past performance will be evaluated on the quality of the Offeror’s past performance with respect to the projects provided. The currency and relevance of the information, source of the information, context of the data, and general trends in contractor’s performance shall be considered. When evaluating, quality aspects that may be considered are timeliness of contract completion, adherence to contract schedules and timely submission of data deliverables, the contractor’s ability to comply with the terms and conditions of the contract, the overall quality of the work performed on the contract, the Offeror’s managerial performance, and if the reference would enter into a contract with the contractor again. Contractors without relevant past performance or for whom past performance information is not available, will be given a neutral rating. Past performance evaluations may also be conducted using information obtained from CPARS. Other sources may include, but are not limited to, inquiries of owner representatives, Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the Offeror.

Volume II - PRICE PROPOSAL:

The offeror’s proposed price will be evaluated for completeness and price reasonableness. Price reasonableness will be established using any necessary price/cost analysis techniques in FAR 15.404-1, including but not limited to price competition information and the Independent Government Estimate (IGE), along with any other pricing tools deemed necessary. If the information available at the buying activity is inadequate to determine a fair and reasonable price, field pricing assistance may be requested.

Additional Factors:

· The offeror shall submit the properly filled out Price Schedule, included in the solicitation.

· Provide a Schedule of Values broken down using your Factor 5 Draft Project Schedule. This will be used to check for unbalanced pricing.

· An award cannot be made if the successful offer’s proposal price exceeds available funding or cost limitations, if applicable.

· The offeror shall not reference pricing in any VOLUME I proposal areas.

TECHNICAL RATINGS

The SSEB will evaluate each offeror’s Volume I submission criteria using the following adjectival rating system as follows:

Superior: Within the specific factor area being rated, the proposal significantly exceeds most aspects of the requirements within the solicitation.

Above Acceptable: Within the specific factor area being rated, the proposal exceeds one or more aspects of the requirements within the solicitation.

Acceptable: Within the specific factor area being rated, the proposal meets ALL aspects of the requirements within the solicitation.

Marginal: Within the specific factor area being rated, the proposal meets most aspects of the requirements within the solicitation.

Unacceptable: Within the specific factor area being rated, the proposal has obvious shortcomings in most aspects of the requirements within the solicitation.

Neutral (for use on past performance only): A rating of neutral will be used for those instances where an offeror has no past performance.

The CO and SSEB will evaluate each offer’s Volume II submission criteria using the following:

Price Schedule Completeness: A review for a properly filled out Price Schedule with both line item and total pricing completed.

Schedule of Values: This review will check for the appearance of unbalanced pricing in major work elements that correspond to the Proposed Project Schedule. Offerors are cautioned to distribute direct costs, such as material, labor, equipment, subcontracts, etc. and to evenly distribute indirect costs, such as job overhead, home office overhead, bond, etc., to the appropriate contract work elements.

Price Reasonableness: Proposed Project Pricing will be established using any necessary price/cost analysis techniques in FAR 15.404-1, including but not limited to price competition information and the Independent Government Estimate (IGE), along with any other pricing tools deemed necessary.

The Technical Criteria Factors are listed in descending order of importance and when combined they are considered greater in importance than Cost or Price.

ADDITIONAL PRIME CONTRACTOR INFORMATION

· All Offerors shall submit current information on their current Bonding/Surety Level for construction contracts. The Offeror shall provide a letter from their surety demonstrating the offeror’s total bonding capacity and current available bonding capacity, dated no earlier than the solicitation release date.

· All Offerors shall submit information pertaining to their past Safety and Environmental record. The information must contain a certification that the bidder/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, a Bidder/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 Bidders/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.

Note: The Prime Contractor Bonding Level and Safety/EMR Ratings will be assigned ratings under the Determination of Contractor’s Responsibility portion of the award process.

The VA intends to award without discussions, but reserves the right to engage in discussions. If the Contracting Officer decides that discussions are in the Government’s best interest, they will be conducted in accordance with FAR 15.306 Exchanges with offerors after receipt of proposals.

BID SCHEDULE

LUMP SUM TOTAL

Work includes general construction, alternations, roads, walks, grading, drainage, necessary removal of existing structures and construction.

JB

GRAND TOTAL

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of Provision)

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

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

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

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

(End of Provision)

2.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

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

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Douglas County Omaha Nebraska (End of Provision)

2.4 52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

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

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

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

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

(End of Provision)

2.5 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021)

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

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

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

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

(c) The Contracting Officer may release the security interest on the individual surety’s assets in support of a bid guarantee based upon evidence that the offer supported by the individual surety will not result in contract award.

(End of Provision)

2.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Sharon Spohn, Contracting Officer

Hand-Carried Address:

Department of Veterans Affairs Network 23 Contracting Office (NCO 23) 111 South 18th Plaza, Suite C38 Omaha NE 68102-2077

Mailing Address:

Hruska Courthouse Network 23 Contracting Office (NCO 23) Attention: Sharon Spohn 111 South 18th Plaza, Suite C38 Omaha NE 68102-2077

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

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

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

(b) An organized site visit has been scheduled for— March 21, 2022 at 10:00 AM CT

(c) Participants will meet at— Engineering Conference room, VA Omaha, NE (End of Provision)

2.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Provision)

2.9 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)

(a) Any protest filed by an interested party shall—

(1) Include the name, address, fax number, email and telephone number of the protester;

(2) Identify the solicitation and/or contract number;

(3) Include an original signed by the protester or the protester’s representative and at least one copy;

(4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents;

(5) Specifically request a ruling of the individual upon whom the protest is served;

(6) State the form of relief requested; and

(7) Provide all information establishing the timeliness of the protest.

(b) Failure to comply with the above may result in dismissal of the protest without further consideration.

(c) Bidders/offerors and Contracting Officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.

(End of Provision)

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

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

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

(End of Provision) PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:

Or for solicitations issued by the Office of Construction and Facilities Management:

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2022)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $39.5 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…