36C77623R0101_1.docx

36C77623R0101

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.

36C77623R0101 X 07-21-2023 515-21-701 36C776 Department of Veterans Affairs Program Contracting Activity Central 6100 Oak Tree Blvd, Suite 490 Independence

OH

44131 Department of Veterans Affairs Program Contract Activity Central 6100 Oak Tree Blvd, Suite 490 Independence

OH

44131 Richard Webb 216-447-8600

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 shall provide all tools, equipment, materials, labor, supervision, personnel, and shall do all things necessary that will result in the completion of the EHRM Infrastructure Upgrades Construction project, in accordance with the attached Specifications and Drawings.

The project is located at the:

Battle Creek VA Medical Center (VAMC) 5500 Armstrong Road Battle Creek, Michigan 49037

VAAR Magnitude of Construction: Between $20,000,000 - $50,000,000

X X 52.211-10 X 0 (Zero) 1:00pm

EDT

08-23-2023 X 90 (Ninety)

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

36C776 Department of Veterans Affairs Program Contracting Activity Central 6100 Oak Tree Blvd, Suite 490 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 Andrea Fink

PCAC15L-369262

Table of Contents

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Contractor shall completely prepare site for building operations, including demolition and partly removal of portions of existing structures, and furnish labor and materials and perform work for Battle Creek Medical Center project No. 515-21-701 as required by drawings and specifications.

NOTICE

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

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

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

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

1. Contractor is required to fill in their Unique Entity Identifier number associate with SAM.gov 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.

Page 1 of Page 1 of

INFORMATION REGARDING PROPOSAL MATERIAL, BID GUARANTEE AND BONDS

1.1 BID MATERIAL:

Proposal 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 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, Standard Form 24 (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 guarantee in the proper form and amount, by the time set for receipt of proposals, may result in the proposal being deemed unacceptable. 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. Copies of SFs 25A and 25 may be obtained from http://www.gsa.gov/portal/forms/type/TOP.

1.4 TAXES:

Contractor must take into account FAR 52.229-3; “Federal, State and Local Taxes” and its Special Note in their pricing. The FAR clause and its Special Note provide guidance on taxes being applied to pricing.

INSTRUCTIONS, CONDITIONS, AND OTHER STATEMENTS TO OFFERORS

2.1 AVAILABILITY OF SOLICITATION DOCUMENTS

All solicitation-related documents will be published to Contract Opportunities at 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 represents the “best value” to the Government Utilizing the Lowest Price Technically Acceptable (LPTA) method of evaluation. In order to receive consideration for award, a rating of ACCEPTABLE must be achieved for both Factor 1 Technical Approach (Technical) and Factor 2 Project Challenges/Phasing & 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 Challenges/Phasing & Schedule (Technical)

3. Price

2.3 SDVOSB SET-ASIDE

This procurement is a 100% set-aside for Service-Disabled Veteran-Owned Small Business (SDVOSB) concerns. Offers received from other than SDVOSBs will not be considered. Offerors must be certified as SDVOSBs by the U.S. Small Business Administration (SBA) and visible in the Veteran Small Business Certification (VetCert) database (https://veterans.certify.sba.gov/) at the time of bid submission and time of award. Failure to be BOTH certified and visible in the VetCert database at these times will result in the offeror being deemed ineligible for award.

NOTE: As of January 1, 2023, all SDVOSBs that were previously verified by VA's Center for Verification and Evaluation (CVE) are automatically granted certification by the SBA for the remainder of the firm’s eligibility period. The SBA intends to grant a one-time, one-year extension of certification to current SDVOSBs verified by the VA as of the transfer date on January 1, 2023. This additional year will be added to the existing eligibility period of a current participant. New applicants certified by SBA after January 1, 2023, will receive the standard three-year certification period.

2.4 PRE-PROPOSAL SITE VISIT:

A formal site visit has been scheduled for this project. This will be the only opportunity for potential offerors to visit the site. All potential offerors, subcontractors, and suppliers are strongly encouraged to attend this site visit.

NOTE: Although not required, it is highly recommended that those who attend the pre-proposal site visit for this project, review the drawings ahead of time. Due to the continued care of our veterans, there may be areas that cannot be accessed during the pre-proposal site visit. Any questions regarding these areas can be addressed during the technical question period of the solicitation.

See FAR 52.236-27 of this solicitation for further information.

2.5 TECHNICAL QUESTIONS:

Questions of a technical nature must be provided in writing and shall be submitted by the prospective offerors to Richard Webb & Andrea Fink. Questions shall be submitted only via e-mail to: Richard.Webb3@va.gov and Andrea.Fink@va.gov. The subject line must read: Battle Creek EHRM Infrastructure Upgrades Construction - 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 August 7, 2023 at 1:00 PM ET.

2.6 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.

2.7 PREPARATION OF PROPOSALS

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

2.8 PROPOSAL REQUIREMENTS

A. General:

1. Proposal Submission: Offerors shall submit their proposals via email to Richard.Webb3@va.gov and Andrea.Fink@va.gov. Proposals shall be based on solicitation document issued for RFP number 36C77623R0101. 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 E

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 Times New Roman 12 font. The Offeror shall not include any price or price related material in the Volume 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 TWENTY (20) pages in Times New Roman 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. In addition to the Price Schedule, offerors shall submit a complete breakdown of the Division Pricing for Line Items (0001).

Bid Guarantee: The Offeror shall furnish a bid guarantee as stipulated in the solicitation (see FAR 52.228-1). Pricing shall be Firm Fixed Price. The bid guarantee shall be provided on Standard Form 24. The bid bond shall be submitted as part of the electronic submission. In accordance with Class Deviation from the Federal Acquisition Regulation to Eliminate Hard Copy Original Documents, Signatures, Notarization, Seals on Bonds, and Other Seals for Certain Contract Requirements issued by the VA Executive Director, Office of Acquisition and Logistics and the Senior Procurement Executive on May 11, 2020, the requirement for an original bond, with the original signatures, notarization and seals has been eliminated.

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, may result in rejection of the proposal.

4. Volume III Administrative Information: Offerors shall include the following in Volume III. Information concerning Items b. through i. must be provided. An Offeror may be considered unacceptable if Items b. through i. are not provided in the proposal. Please be advised that the submission of Item a. Project Labor Agreement is not mandatory.

a. Project Labor Agreement: The Use of Project Labor Agreements for Federal Construction Projects (PLAs): Offerors may submit proposals with or without the use of PLAs. The PLAs shall fully conform to the Federal Acquisition Regulation (FAR) Subpart 22.5 “Project Labor Agreement for Federal Projects.” No additional credit will be assigned to proposals submitted with a PLA. PLA proposals will not be given additional credit toward selection of a proposal for award. Offeror(s) who choose to provide a proposal including PLAs shall do so in compliance with the applicable solicitation requirements. FAR 52.222-34 “Project Labor Agreement” has been included in this solicitation.

b. Representations & Certifications:

As the provision at FAR 52.204-7 is included in the solicitation, FAR 52.204-8 (d) applies and the fill-in for FAR 52.204-8 (b)(2) does not need to be completed. The offeror is required to complete the annual representations and certifications electronically at https://www.sam.gov.

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

Offeror shall provide their response to FAR 52.204-24 (d) Representation.

d. Information Regarding Responsibility Matters:

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

e. Violation of Arms Controls Treaties or Agreements:

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

f. Tax on Certain Foreign Procurements – Notice and Representation:

The offeror shall provide their response to FAR 52.229-11 (d).

g. Post Award Small Business Program Representations:

Offeror shall provide their response to FAR 52.219-28 (h), if applicable.

h. Limitations on Subcontracting:

The offeror shall complete and sign the VA Notice of Limitations on Subcontracting - Certificate of Compliance for Services and Construction required in VAAR 852.219-75 and return it with their proposal submission is attached as a separate document (Limitations on Subcontracting). The completed and signed form will become part of the official award documentation.

i. Experience Modification Rate:

The Offeror shall include the Safety of Environmental Violations and Experience Modification Rating (EMR) Information, including filling out the attached document 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 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.

(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 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.

(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 EMR documentation, may result in a determination that an Offerors proposal is unacceptable.

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

1. Factor 1, Technical Approach (Technical):

The offeror shall provide a detailed technical approach (thought process) to accomplishing the construction of the Electronic Healthcare Record Management (EHRM) project. The narrative will detail how the contractor intends to select qualified sub-contractors, prepare the site, handle phasing, construct the new telecom rooms, renovate the existing telecom rooms, renovate the existing Main Computer Room (MCR), and complete the project within the specified time limits. Such details shall include, at a minimum:

• The contractor explaining how the sub-contractors were selected and their qualifications, anticipated challenges and plans to handle such challenges.

• Anticipated construction hazards and safety measures to mitigate hazards.

• How contractors plan to conduct work without disrupting patient care, VA staff, and plans to handle infection control.

• Alternate course(s) of action in the event items become non-conforming, whether it be material or time.

• How the work in the New Telecommunications Room spaces will take place without disrupting Network Connectivity.

• Ensure Network security measures are in place while actively working on a Telecommunications Room space.

2. Factor 2, Project Challenges/Phasing & Schedule (Technical):

Offerors must clearly demonstrate their understanding of the challenges that are involved with this project and how to properly phase the project. Simply restating the requirements (copying and pasting from the solicitation) is not considered to be a demonstration of complete understanding of the challenges and phasing requirements. Rather, Offerors must show that they have analyzed the requirements, considered the environment, and demonstrate the extent to which they understand the requirements across the body of the proposal.

Prepare and submit a practicable 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 must address the following at a minimum:

• Order of work elements to include project phasing, submittals, mobilization, excavation, construction/remodeling, punch list, de-mobilization.

• Number of days for each work element.

• Identification of long lead time materials.

• Clear identification of concurrent tasks needed for successful completion of project within the POP.

• Identification of separate work elements.

• Identification of significant milestones due to winter work conditions.

• Current bottlenecks due to the impacts of Covid and shipping/material availability delays.

• The VA’s review and approval of requests for information (RFI), submittals and other pertinent documents.

• Interruption of VA facilities utilities, delivery of Government furnished equipment, VA OIT time to swap network gear during scheduled switchovers, rough-in drawings, project phasing and any other specification requirements.

The proposed schedule must include the activities which are consistent with those described within the project specifications and drawings and must not exceed the Government's maximum allowable performance period, as noted in Block 11 of the SF 1442. The project will start at the issuance of the notice to proceed (NTP). For scheduling purposes, assume the NTP will be issued thirty (30) calendar days after the award date. (Note that there is no guarantee the NTP will be issued within this timeframe.)

* The schedule submitted with the offer should not be construed as the agreed upon schedule per FAR 52.236-15, the contractor shall, within ten (10) days after receiving the NTP, submit a revised schedule which will supersede the proposed schedule. The revised schedule will be subject to VA approval and must show the project being accomplished within the timeframe specified on the SF 1442.

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 in the solicitation 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 Items (0001). The Division Pricing will be used to determine price reasonableness. The Government also reserves the right to use this Division Pricing breakdown as part of discussions during the competitive range, if they are required.

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, which will render the offer unacceptable.

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, provided its price is determined to be fair and reasonable.

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 with fair and reasonable pricing. However, the Government reserves the right, in its sole discretion, 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 receive consideration for award, a rating of ACCEPTABLE must be achieved for both Factor 1 Technical Approach (Technical) and Factor 2 Project Challenges/Phasing & 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 an Acceptable Rating are as follows:

Acceptability is determined when the offeror has demonstrated the ability to select qualified sub-contractors, prepare, handle phasing, renovate, construct, and complete the construction project within the required amount of time. Acceptability is determined when the offeror demonstrates a technically achievable approach to meeting the Government’s requirements while successfully maintaining security measures and avoiding disruption to Network Connectivity in the Telecommunication Room spaces.

Factor 2 Project Challenges/Phasing & Schedule (Technical): The minimum requirements for an Acceptable Rating are as follows:

Acceptability is determined when the offeror identifies their understanding of the challenges involved in the project and provides a feasible and executable phasing plan. Acceptability is determined when the offeror demonstrates an understanding of the construction requirements by providing a realistic schedule addressing the critical construction project milestones.

Factor 3 Price: The total evaluated price will be determined by the Offeror's price for Line Items (0001). The Offeror who provides the lowest price will be determined to be the lowest priced Offeror. The lowest priced offer must be determined to represent fair and reasonable pricing.

Note: If none of the offerors are within the available funding limitation or is otherwise determined to be other than fair and reasonable, 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 to be in the interest of the VA.

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

2.9 DETERMINATION OF RESPONSIBILITY

A Determination of Responsibility will be conducted for the apparent successful offeror prior to award of the project. The above information, along with other information obtained from Government systems, such as, but not limited to the OSHA and EPA online inspection history databases, as well as any other information the Contracting Officer has determined to be valid, will be used to make the Determination of Responsibility. NOTE: Any information received by the Government that would be 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 https://sam.gov/ and enter all mandatory information into the system. Offerors are required to be registered in SAM at the time an offer is submitted in order to comply with the annual representations and certifications requirements (see FAR 52.204-7).

2.12 REVIEW REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE ASSESSMENT REPORTING 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 52.233-2 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:

Andrea Fink

Hand-Carried Address:

Andrea Fink Department of VA Affairs Program Contracting Activity Central 6100 Oak Tree Boulevard, Suite 490 Independence OH 44131 Mailing Address:

Andrea Fink Department of VA Affairs Program Contracting Activity Central 6100 Oak Tree Boulevard, Suite 490 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)

2.17 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):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Provision)

2.18 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) Prime contractors are encouraged to assist service-disabled veteran-owned and veteran-owned small business potential subcontractors in obtaining bonding, when required. Mentor firms are encouraged to assist protégé firms under VA's Mentor-Protégé Program in obtaining acceptable bid, payment, and performance bonds, when required, as a prime contractor under a solicitation or contract and in obtaining any required bonds under subcontracts.

(End of Clause)

2.19 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)

2.20 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 (MAR 2023)

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

(2) The small business size standard is $45 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, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

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

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

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

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

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

[ ] (i) Paragraph (d) applies.

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

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

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

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

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

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

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

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

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.