36C77622R0019_1.docx

36C77622R0019

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.

36C77622R0019 X 12-28-2021 618-701 36C776 Department of Veterans Affairs Program Contracting Activity Central 6150 Oak Tree Blvd, Suite 300 Independence

OH

44131 Department of Veterans Affairs Program Contract Activity Central 6150 Oak Tree Blvd, Suite 300 Independence

OH

44131 Jason Schultz 216-447-8300 In accordance with 38 U.S.C. § 8127 (Public Law 109-461), this project is a competitive Service-Disabled Veteran - Owned Small Business (SDVOSB) Set-Aside.

The contractor will be required to provide all labor, project management, materials, tools, supplies, and equipment as required by drawings and specifications to complete the scope of work.

The location of the project is:

EHRM Training and Admin Space Support Minor Construction - Minneapolis VAMC 1 Veterans Drive Minneapolis, MN 55417

This project must be completed in accordance with specifications, drawings and supporting attachments included in the solicitation package.

NAICS Code: 236220 ($39.5M) Magnitude of Construction: $5,000,000.00 - $10,000,000.00

The core working hours for the Minneapolis VAMC are between 6am and 5pm Monday through Friday.

X X 52.211-10 X

10 (TEN)

14:00

EST

02-02-2021 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

00076 Department of Veterans Affairs Department of Veterans Affairs 6150 Oak Tree Blvd, Suite 300 Independence

OH

44131

VAFSC

Department of Veterans Affairs Financial Services Center Invoices to be Submitted Electronically https://www.fsc.va.gov/einvoice.asp e-Invoice Setup Info Phone 877-489-6135

877-353-9791 512-460-5429 Donald A. Marsh III

PCAC15L3-1697

Table of Contents

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Base Proposal - The Contractor shall provide all labor, materials and equipment to accomplish the “EHRM TRAINING AND ADMIN SUPPORT SPACE”. The project shall be accomplished per the attached drawings and specifications.

Contract Period: Base POP Begin:

POP End:

NOTICE

1. Line Item 0001 (Base Proposal) contains all the work for this project.

1. Offerors must provide a lump sum price for Line Item 0001 (Base Bid). Failure to do so may render their bid as nonresponsive.

1. Award will be made on Grand Total (Line Item 0001- Base Proposal).

1. Pricing shall be submitted in whole dollar values. Please do NOT include pricing in cents.

1. Contractor is required to fill in DUNS NUMBER in Block No. 14 on Standard Form (SF) 1442.

1. PLEASE NOTE: The Contractor agrees to attend any Post Award conference convened by the contracting activity or contract administration in accordance with Federal Acquisition Regulation subpart 42.5.

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

1.1 BID MATERIAL:

Bid materials consisting of drawings, specifications, and contract forms are included and/or attached as part of this Request For Proposal (RFP). The VA will not provide printed copies of drawings or specifications. It is the responsibility of the offeror to obtain the bid materials in a time and manner sufficient to respond to this solicitation by the specified due date.

1.2 BID GUARANTEE:

A Bid Guarantee, Standard Form 24 (SF 24), is required in an amount not less than 20 percent of the bid price but shall not exceed $3,000,000. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for receipt of bids, may result in the rejection of the bid. 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 shall be provided on Standard Form 25A (SF 25A) and a Performance Bond shall be provided on Standard Form 25 (SF 25). Both bonds shall be submitted in accordance with FAR 52.228-15 Performance and Payment Bonds - Construction, which can be located under FAR 52.252-2 Clauses Incorporated by Reference. Copies of SFs 25A and 25 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 Contract Opportunities https://sam.gov/.

2.2 REQUEST FOR PROPOSAL:

This is a Request for Proposal (RFP) in accordance with FAR Part 15. Award will be made to the offeror whose proposal be represents the “best value” to the Government Utilizing the Lowest Price Technically Acceptable (LPTA) method of evaluation. In order to received consideration for award, a rating of ACCEPTABLE must be achieved for both Factor 1 Technical Approach (Technical) and Factor 2 Project Schedule (Technical). A responsibility determination will be made in accordance with FAR 9.1, Responsible Prospective Contractors. All proposals shall be subject to evaluation by a team of Government personnel. The Government reserves the right to award without discussions based upon the initial evaluation of the proposals.

Evaluations will be based on the following evaluation factors:

1. Technical Approach (Technical)

2. Project Schedule (Technical)

3. Price

2.3 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 Center for Veterans Enterprises (CVE) http://www.vetbiz.gov. Offerors must be verified by CVE and visible in the Vendor Information Pages (VIP) database at TIME OF SUBMISSION OF PROPOSALS AND TIME OF AWARD. Failure to be BOTH visible and verified at the time of proposal submission and time of award will result in the offeror’s proposal being deemed unacceptable and ineligible for award.

2.4 TECHNICAL QUESTIONS:

Questions of a technical nature must be provided in writing and shall be submitted by the prospective offerors to Jason Schultz. Questions shall be submitted only via e-mail to: jason.schultz@va.gov. The subject line must read: Minneapolis- Training and Admin Space DBB - Technical Questions. Oral questions of a technical nature are not acceptable due to the possibility of misunderstanding or misinterpretation. THE CUT-OFF DATE AND TIME FOR RECEIPT OF QUESTIONS IS JANUARY 17, 2022 at 2:00 PM ET.

2.5 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.

2.6 PREPARATION OF PROPOSALS:

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

2.7 PROPOSAL REQUIREMENTS:

A. General:

1. Proposal Submission: Offerors shall submit their proposals via email to jason.schultz@va.gov. Proposals shall be based on solicitation document issued for RFP number 36C77622R0019. Proposals will be in the format stipulated in this document. 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. Only e-mail proposals will be accepted. Hard-copy proposals will not be accepted.

B. Proposal Format:

1. Technical, Price and Administrative 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. In order that the Volume I Technical may be evaluated strictly on the merit of the material submitted, the contractor shall include NO price information in Volume I. Offeror shall separate Volumes I, II and III. Each volume must be labeled with the Offeror's organization, business address, and VA Solicitation Number. The volumes shall be submitted in electronic format as searchable PDF documents. The proposal, in its entirety, shall not exceed three (3) emails (one email for each volume) of 5MB each. Include page numbers and the company name in the header or footer of each page.

2. Volume I Technical: Offerors shall format the Volume I Technical proposal as listed below. The specific evaluation criteria and methodology for Volume I is contained in Sections C(1), (2) and Section D

a. The offer, including title page, detailed table of contents, preface shall be submitted in one (1) PDF document for Volume I Technical and shall not exceed a total of FIFTEEN (15) pages (title page, table of contents and preface are excluded from the page limits) in Microsoft Arial Times New Roman 12 font. The Offeror shall not include any price or price related material in the Phase I proposal. Use graphic presentations where such use will contribute to the compactness and clarity of the proposal.

b. A page is defined as each face of an 8.5 X 11-inch sheet of paper with 1-inch margins around the page perimeter containing information. Note, submission of the project schedule only, can be submitted by utilizing larger paper (11 X 17 inch). All information (except for document numbers, page numbers, etc.) shall be provided in an image area of 7 X 9 inches. Note, this does not apply for the submission of the project schedule. The background color of each page of the submission shall be white or ivory stock only and each page shall count as one (1) page. Excess pages will not be evaluated. Text lines will be single-spaced, and proposals shall be submitted using Times New Roman, with font no smaller than 12 point with normal proportional spacing. A smaller font size for any graphics presented in a proposal is permitted as long as the information is legible to the human eye. Fonts other than Times New Roman are permissible in the presentation of graphic material only.

c. The Offeror’s responses shall clearly address each evaluation factor listed in this solicitation. Failure to submit in the format required and clearly address those factors may result in this offer being rated unacceptable.

3. Volume II Price: Offerors shall format the Volume II Price proposal as listed below. The specific evaluation criteria and methodology for Volume II is contained in Sections D and E.

a. Volume II Price shall not exceed a total of TEN (10) pages in Arial size 12 font.

b. Offerors shall complete the price schedule in part A of this solicitation.

c. Offerors shall ensure the Signed Standard Form (SF) 1442 is provided. Offerors shall acknowledge receiving amendments by filling out section 19 of the SF 1442.

d. The Offeror shall submit their price information on the price schedule provided in this Solicitation. The Offeror shall submit a bid guarantee as stipulated in the solicitation. The prices shall be Firm Fixed Price.

e. In addition to the pricing schedule, Offerors shall submit a complete breakdown of the Division Pricing for Line Item 0001. The Division Pricing will be used to determine price reasonableness. The Government also reserves the right to use this breakdown of Division Pricing as part of discussions during the competitive range, if they are required.

f. The Offeror’s signature on the SF 1442 must be a hand signature and not an electronic signature.

g. Bid Bond: The bid bond shall be submitted as part of the electronic submission. An original hard copy of the bid bond will be requested by the VA from the during the responsibility determination. Failure to provide electronic proposals at the time of submittal may deem the proposal Non-Responsive. Failure to furnish the required bid guarantee on the proper form and for the proper amount by the time specified in Block 13 of SF 1442, shall result in rejection of the proposal. See FAR Provision 52.228-1, Bid Guarantee, contained in the solicitation.

4. Volume III Administrative Information: 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. Representations & Certifications:

The offeror shall provide their Representations and Certifications or their response to FAR 52.204-8 (2) (i) or (ii) Annual Representations and Certifications.

b. Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment:

c. Offeror shall provide their response to FAR 52.204-24 (d) Representation. Information Regarding Responsibility Matters:

Offeror shall provide their response to FAR 52.209-7 (b) Information Regarding Responsibility Matters.

d. Violation of Arms Controls Treaties or Agreements:

Offeror shall provide their response to FAR 52.209-13 (b) (1) or (2) Violation of Arms Controls Treaties or Agreements.

e. Post Award Small Business Program Representations:

Offeror shall provide their response to FAR 52.219-28 items (h)(1), (h)(6), and (h)(7).

f. Limitations on Subcontracting:

g. In accordance with FAR 852.219-77, offeror shall complete ATTACHMENT 7 - VA Notice of Limitations on Subcontracting-Certificate of Compliance for Construction and return with their bid submission. Completed form will become part of the official award documentation.

h. Experience Modification Rate:

The Offeror shall include the Safety of Environmental Violations and Experience Modification Rating (EMR) Information, including filling out ATTACHMENT 8 - Contractor Safety and Environmental Record Evaluation Form.

(1) Provide offeror’s 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, a 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.

(2) Provide offeror’s information regarding their current EMR. This information shall be obtained from the Offeror’s insurance carrier and be furnished on the insurance carrier’s letterhead. If a 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.

(3) 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.

(4) If the NCCI cannot issue an EMR because the Bidder/Offeror lacks insurance history, Bidder/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 Bidder/Offeror a Unity Rating of 1.0.

(5) 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.

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

(7) Failure to provide the above documentation, may result in a determination that an Offeror is non-responsive and therefore ineligible for award.

C. Technical Proposal Requirements: The proposal shall address the following submission requirements for Factor 1 Technical Approach (Technical) & Factor 2 Project Schedule (Technical).

1. Factor 1, Technical Approach (Technical):

Based on the solicitation documents and site visit, offerors shall provide a detailed narrative (page limitation: eight pages for detailed narrative) describing the Offeror’s technical approach to completing this project. The Offeror shall demonstrate knowledge of the project and how it interacts with an active hospital. If the page limits are exceeded, the pages in excess of the limit will not be read or considered. Simply restating the requirements (copying and pasting from the solicitation) is not considered to be a demonstration of complete understanding of the project requirements. The Offeror’s narratives shall include, at minimum, the following technical areas:

• Ensure Quality Control from NTP through Completion/As-Builts

• Plan for Safety to include compliance with OSHA

• Interim Life Safety Measures/Infection Control Risk Assessment (ICRA)

• Plan to prevent construction from impacting Patient Safety

• Mechanical (All MEP) Work to include Replacement of Air Handling Unit (AHU)

2. Factor 2, Project Schedule (Technical):

D. Volume II – Price Proposal Requirements

a. Carefully follow “Instructions, Conditions, and Notices to Offerors”. Standard form (SF) 1442 Solicitation Offer and Award (Construction, Alteration, or Repair) and the pricing schedule located on PAGE 6 when submitting price offers. Submit a bid guarantee as stipulated in the solicitation.

b. In addition to the pricing schedule, Offerors shall submit a complete Breakdown of the Division Pricing for Line Item 0001. The Division Pricing will be used to determine price reasonableness.

c. The prices shall be Firm Fixed Price. The Offeror shall take care not to include remarks that take exception to the Government’s Specifications/Drawings or pricing requirements or otherwise preclude the Government from evaluating the offer or render the offer as unacceptable.

d. 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 further discussions.

E. Evaluation Methodology:

All Offerors are advised that, in the interest of efficiency, the Government reserves the right to conduct the evaluation in the most effective manner. Specifically, the Government may first evaluate the total proposed price of all Offerors. Thereafter, the Government will evaluate the technical proposal of the lowest priced Offeror only. If the lowest priced Offeror’s technical proposal is determined to be rated as Acceptable, the Government may make award to that Offeror without further evaluation of the remaining Offerors’ technical proposals.

If the lowest priced Offeror’s technical proposal is determined to be rated as Unacceptable, then the Government may evaluate the next lowest priced technical proposal, and so forth and so on, until the Government reaches the lowest priced technical proposal that is determined to be rated as acceptable. However, the Government reserves the right to evaluate all Offerors’ technical proposals should it desire to conduct discussions, or otherwise determine it to be in the Government’s best interest.

To received consideration for award, a rating of ACCEPTABLE must be achieved for both Factor 1 Technical Approach (Technical) and Factor 2 Project Schedule (Technical).

ACCEPTABLE is defined as the Offeror demonstrated the ability to meet all of the Government’s minimum requirements as identified in the solicitation. UNACCEPTABLE is defined as the Offeror failed to demonstrate the ability to meet all of the Government’s minimum requirements as identified in the solicitation.

Factor 1 Technical Approach (Technical): The minimum requirements for Technical Approach (Technical) are as follows:

1. Demonstrated knowledge of the project and how it interacts with an active hospital.

2. Outlined the approach for Quality Control from the NTP through Completion/As-Builts.

3. Provided plan for safety to include compliance with OSHA.

4. Described how Interim Life Safety Measures/ICRA will be addressed for this project.

5. Explained the plan to prevent construction from impacting Patient Safety.

6. Detailed how all of the MEP work, to include the Replacement of the AHU will be accomplished.

Factor 2 Project Schedule (Technical): The minimum requirements for Project Schedule (Technical) are as follows:

1. Submitted schedule showing planned tasks and dependencies in a suitable electronic format.

2. Identified the Notice to Proceed, Completion and As-Builts.

3. Addressed the submittals for the project and the procurement of equipment with long lead times.

4. Included mobilization for the project.

5. Listed all of the Construction Tasks.

Factor 3 Price: The total evaluated price will be determined by the Offeror's price for Line Item 0001. The Offeror who provides the lowest price will be determined to be the lowest priced Offeror.

Note: If none of the offerors are within the available funding limitation, the VA reserves the right to enter into discussions with those offerors who are determined to be within the competitive range, if a competitive range is determined in the interest of the VA, otherwise discussions will be with all offerors.

If the Offeror communicates in its proposal any qualifications, exceptions, exclusions, or conditions to the proposed prices in the Offerors proposal documents, the Contracting Officer may reject the proposal and exclude the Offeror from further discussions.

F. Final Proposal Revisions (*Note this section only applies if discussions are conducted)

a. If determined to be necessary, proposal revisions will be requested from the proposals received. The CO will identify those Offerors, whose proposals are within the competitive range, considering the selection criteria identified in this section. 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.

b. Offerors submitting proposal revisions will not be requested to re-submit any documents which are unchanged from their initial proposals. They should provide necessary changes to individual paragraphs, as briefly as possible, together with a table of contents, which clarifies 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. 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 USE OF ADVISORS:

Contractors are advised that VA contractor personnel may assist the Government during the Government’s evaluation of Proposals. The persons shall be authorized access to only those portions of the proposal and discussions that are necessary to enable them to provide specific technical advice on specialized matters or on particular problems. These individuals will be required to protect the confidentiality of any specifically identified trade secrets and/or privileged or confidential commercial or financial information obtained as a result of their participation in this evaluation. They shall be expressly prohibited from scoring, ranking or recommending the selection of an Offeror.

2.9 DETERMINATION OF RESPONSIBILITY:

A Determination of Responsibility will be conducted for the apparent successful offeror prior to award of the project The Contracting Officer will determine if the successful offeror is responsible using the general standards of responsibility for this procurement. Past performance will be evaluated as part of the general responsibility determination. In accordance with VAAM 809.105-1 Obtaining Information, past performance evaluations may be conducted using information obtained from CPARS and any other sources deemed appropriate by the Contracting Officer. 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. NOTE: Any information received by the Government that would cause for a negative Determination of Responsibility may make the Offeror ineligible for award.

2.10 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.

2.11 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 (see FAR 52.204-7).

2.12 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 is available to all Federal agencies and is the system used to collect and retrieve performance assessment reports used in source selection determinations. 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.

2.13 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 is commensurate with the level of access needed to perform all work as identified in the solicitation documents. 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. Please be advised that the awardee will need to coordinate with the VA Medical Center concerning badging requirements.

2.14 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).”

2.15 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)

2.16 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)

2.17 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 Minneapolis, Minnesota - Hennepin County

(End of Provision)

2.18 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)

2.19 52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

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

(c) The amount of the bid guarantee shall be 20 percent of the bid price or 3,000,000, 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)

2.20 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:

Donald A. Marsh III

Hand-Carried Address:

Donald A. Marsh III Department of Veterans Affairs Program Contracting Activity Central 6150 Oak Tree Blvd, Suite 300 Independence OH 44131 Mailing Address:

Donald A. Marsh III Department of Veterans Affairs Program Contracting Activity Central 6150 Oak Tree Blvd, Suite 300 Independence OH 44131

(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)

2.21 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— January 4, 2022 at 9:30 AM Central

(c) Participants will meet at— Minneapolis VAMC - 2nd Floor Surgery Atrium (End of Provision)

2.22 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)

2.23 VAAR 852.209-70 ORGANIZATIONAL CONFLICTS OF INTEREST (OCT 2020)

(a) It is in the best interest of the Government to avoid…