36C77624R0087_1.docx

36C77624R0087

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.

36C77624R0087 X 05-10-2024 650-318 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 Caroline Walker 216-447-8300 This acquisition is Unrestricted (Full and Open Competition). Offerors must be registered in SAM.gov under NAICS 236220

The contractor shall furnish all materials, equipment, supervision, and personnel necessary to accomplish the job for the VA project 'Construct Replacement Outpatient Clinic' #650-318 at US Coast Guard Air Station Cape Cod. This work is being accoplished on behalf of the Providence VAMC and VISN 1.

VAAR Magnitude of Construction: $10,000,000 to $20,000,000

Statutory Cost Limiation: The current funding available for this minor construction procurement is $16,500,000. The Government cannot guarantee addtional funds will be made available for award. Reference 38 U.S.C. 8104.

Please Note: The contractor agrees to attend any post award conference convened by the contracting activity or contract administration in accordance with FAR subpart 42.5.

10 (TEN)

X X 52.211-10 X

10 (TEN)

0 (ZERO)

14:00

EDT

06-11-2024 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 William Henkel Contracting Officer

Table of Contents

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM I, GENERAL CONSTRUCTION:/BASE BID / all work associated with Construction of new outpatient clinic located off Connery Ave. on a greenfield site.

Contract Period: Base POP Begin:

POP End:

Deduct Alternate No. 1: Base Bid Item I minus:

a. Omit canopies at staff entry.

b. Omit staff patio.

c. Omit concrete sidewalk of brick pavers.

d. Provide manual Operation Folding Partition I lieu of the Automatic folding partition.

e. Omit Screen Wall around MEP.

Deduct Alternate No. 02: Base Bid Item I minus Deduct Alternate No. 1 and:

a. Omit brick wainscotting & foundation brick shelf.

b. Omit skylight feature from teamwork area.

c. Provide asphalt shingles in lieu of standing sea.

Deduct Alternate No. 03: Base Bid Item I minus Deduct Alternate No. 1, Deduct Alternate No 2. and:

a. Provide fiber cement siding in lieu of metal siding.

b. Provide Ground face CMU in lieu of brick wainscotting

c. Omit Ground Floor roof screen and structural supports.

d. Provide asphalt sidewalks in lieu of concrete sidewalks.

Deduct Alternate No. 04: Base Bid Item I minus Deduct Alternate No. 1, Deduct Alternate No 2., Deduct Alternate No 3. and:

a. Omit patient lift from room 143.

b. Omit trees and shrubs from landscaping.

c. Omit modular millwork.

d. Omit operable partition.

e. Omit curbing from parking areas.

PRICE SCHEDULE NOTICE

1. Line Item 0001 (BASE) contains all the work for this project. Each subsequent line item (deductive alternate) removes a portion of the work from Line Item 0001. The intent is to award Line Item 0001 (BASE), and the deductive alternates will be reviewed and applied as necessary until the price is within the budget. List of priorities: Deductive alternates are cumulative and are listed in descending order of importance.

2. The offeror is required to fill in their pricing on the above price schedule. For each line item, the offeror must indicate the unit cost for the individual deduct as well as the total price when the individual deduct is applied to the previous line items. Failure to do so may render the offer unacceptable and ineligible for award.

Example:

3. Pricing must be submitted in whole dollar values. Please do not include pricing in cents.

Page 1 of Page 1 of

INFORMATION REGARDING BIDDING 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 BOND GUARANTEE

The offeror must furnish a bid bond guarantee on Standard Form 24 (SF 24) in an amount that is the lesser of 20 percent of the proposal price or $3,000,000. Failure to furnish the required bid bond on the proper form and for the proper amount by the date and time specified for receipt of proposals may result in rejection of the proposal. Copies of the SF 24 may be obtained from https://www.gsa.gov/forms.

In accordance with Class Deviation from the FAR 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.

1.3 PERFORMANCE & PAYMENT BONDS

The offeror to whom award is made will be required to furnish two bonds. A performance bond must be provided on Standard Form 25 (SF 25), and a payment bond must be provided on Standard Form 25A (SF 25A). Both bonds must be submitted in accordance with FAR 52.22815, Performance and Payment Bonds - Construction (DEVIATION). Copies of SFs 25 and 25A may be obtained from https://www.gsa.gov/forms.

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 Factor 1 Experience (Single Technical criteria). 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. Experience (Technical)

2. Price

2.3 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. The site visit will occur on:

Friday, May 17, 2024 at 11:00 AM ET at Connery Ave, Buzzards Bay, MA 02542

The site is located on Connery Avenue between Mc Kenna Road and West Hospital Road. A VA Representative will be one site.

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.

2.4 TECHNICAL QUESTIONS:

Questions of a technical nature must be provided in writing and shall be submitted by the prospective offerors to both Caroline.walker@va.gov and William.henkel@va.gov . Questions shall be submitted only via e-mail. The subject line must read: 36C77624R0087 Providence -Replacement Outpatient Clinic - 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 May 24, 2024 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 the preparation and submission of proposals.

2.7 PROPOSAL REQUIREMENTS

A. General:

1. Proposal Submission: Offerors shall submit their proposals via email to both contract specialist Caroline.walker@va.gov and contracting officer William.henkel@va.gov. Proposals shall be based on solicitation document issued for RFP number 36C77624R0087. 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 twenty-five (25) 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 - 0005).

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. 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:

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.

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

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

c. 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) Violation of Arms Controls Treaties or Agreements.

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

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

f. Post Award Small Business Program Representations:

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

g. Notice to SDVOSB Joint Venture/Mentor Protegee: Any offeror submitting a proposal as a joint venture must provide a certification from each SDVOSB joint partner, signed by an authorized official of each partner to the joint venture, stating that the parties to the joint venture (1) have entered into a joint venture agreement that fully complies with paragraph (c) of 13 CFR § 128.402 and (2) will perform the contract in compliance with the joint venture agreement. Failure to submit the certification with the offeror’s proposal, may result in the rejection of the proposal.

C. Technical Proposal Requirements: The proposal shall address the single technical factor requirements for Experience (Technical)

Factor 1, Experience (Technical):

The Offeror shall demonstrate experience by providing recent and relevant construction experience. The Offeror shall provide no more than five (5) examples of recent and relevant experience performed within the last five (5) years from date of this solicitation. Relevant projects are those which are similar in scope, magnitude and complexity. Magnitude is defined as a construction project with a contract value of at least $8,000,000. Scope is defined as the construction of outpatient clinics. Complexity is defined as projects that include the majority of the following types of work:

1. Site work - The experience should be demonstrated via completed construction projects where extensive site work consisting of two to five acres was performed. This work shall include roadway work and underground utilities i.e., water, sewer, gas, and electric with public utility tie-ins. Submission shall include knowledge and experience with the heavy equipment used. Include measures taken to ensure safety of workers and the general public.

1. Structural - The experience should be demonstrated via completed construction projects that utilized slab on grade construction greater than 10,000 SF. Submission shall include knowledge and experience with means and methods used for the placement and curing of the slab on grade.

1. Roof truss installation - The experience should be demonstrated via completed construction projects where pre-engineered and prefabricated roof truss installation ere utilized. Submission shall include examples of when cranes were used to facilitate installation of long span roof trusses. Include measures taken to ensure safety of workers and the general public.

1. Slope regrading and Stabilization experience – Submission shall include examples of projects that required regrading and stabilization. Examples of regrading and or stabilization should be clearly identified.

The Offeror’s submission shall include the following information for each Project Submitted:

3. Provide the Project Title and Description, Project Location (Physical Address); Contract Type (Example: Design Build, Design Bid Build).

3. Contact information including project owner name, email, and phone number. If the project owner’s contact information cannot be verified for at least two (2) of the five (5) submitted examples using the information provided by the offeror, then the proposal will be considered unacceptable for this factor.

3. Provide a description of the scope of work, to include the work performed by the prime contractor. Scope of work includes information on subcontractors managed during the project, if applicable.

3. Provide project statistics that include start and completion dates at time of award and the actual start and completion dates. If original and actual completion dates differ, provide an explanation as to why they differ.

3. Provide the project cost at time of award and project cost at time of completion. An explanation of the total cost differences between original (awarded) cost and final cost of the project must be included. Provide a narrative regarding project issues, if any, which impeded the Prime Contractor’s ability to comply with the terms and conditions of the contract and how they were resolved.

If the Offeror is a Joint Venture (JV), project experience shall be submitted for projects performed by each individual entity, and by the Joint Venture itself, if available.

Total PDF pages for factor 1 shall not exceed 25 pages, including any photos, narratives, and performance evaluations the offeror may choose to include to demonstrate project experience.

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 Items (0001 - 0005). 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:

To received consideration for award, a rating of ACCEPTABLE must be achieved Factor 1 Technical Approach (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 Experience (Technical): The minimum requirements for an Acceptable Rating are as follows:

The standard for acceptability is met when the offeror can identify two or more completed projects meeting the majority of criteria noted above.

Factor 2 Price: The total evaluated price will be determined by the Offeror's price for Line Items (0001-005).

(1) Deductive line items in the price schedule shall be evaluated to determine the lowest priced offeror and the items to be awarded. The evaluation shall be made as follows—

(i) The Government will determine the amount of funds available for the project.

(ii) The lowest price shall be the offeror that—

(A) Is otherwise eligible for award; and

(B) Offers the lowest aggregate amount for the first or base line item, minus (in the order stated in the list of priorities in the price schedule) those deductive items that provide the most features of the work within the funds determined available.

(iii) All offers shall be evaluated on the basis of the same deductive line items.

(2) The Contracting Officer will subsequently evaluate the offerors for the non-price factor.

(3) 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 proposal of the lowest priced offeror only. If the lowest priced offeror’s proposal is determined to be rated as Acceptable, the Government may make award to that offeror without further evaluation of the remaining offerors’ proposals, provided its price is determined to be fair and reasonable. If the lowest priced offeror’s proposal is determined to be rated as Unacceptable, then the Government may evaluate the next lowest priced proposal, and so forth and so on, until the Government reaches the lowest priced proposal that is determined to be rated as Acceptable with fair and reasonable pricing. However, the Government reserves the right to evaluate all offerors’ proposals should it desire to conduct discussions, or otherwise determine it to be in the Government’s best interest.

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.

2.8 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.

2.9 VETS 4212

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

Officer may request a copy of the email confirmation of receipt prior to awarding the project.

2.10 SUBCONTRACTING PLAN

(a) Small Business Subcontracting Plan. Each large business offeror shall provide a Small Business Subcontracting Plan that contains all of the elements required by FAR 52.219-9. If the large business does not have an approved Master Plan or approved Commercial Plan, then an Individual Subcontracting Plan must be submitted that includes an assurance that small businesses will be given the maximum practicable opportunity to participate in contract performance. The Subcontracting Plan is not a requirement for evaluation in source selection, but rather, a requirement for award to a large business, and the Plan, as negotiated, will be incorporated into any resultant contract. Upon request by the CO, the apparent successful offeror (if a large business) shall submit and negotiate a subcontracting plan. Plans are NOT to be submitted with initial proposals.

(b) The subcontracting plan must address all requirements defined in FAR 19.704, Subcontracting plan requirements, including proposed subcontracting to SDVOSBs or VOSBs. The 2022 VA subcontracting goals listed below are based upon total procurement dollars expended and are the suggested minimum goals for VA administered subcontracting plans.

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 REFERENCES TO BIDS/BIDDERS

Within the solicitation/contract specifications and/or drawings, any reference to “bid” must be replaced with “proposal” and any reference to “bidder” must be replaced with “offeror.”

2.16 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

(a) All actual and potential offerors are encouraged to provide feedback on the preaward and debriefing processes, as applicable. Feedback may be provided to agencies up to 45 days after award. The feedback is anonymous, unless the participant self-identifies in the survey. Actual and potential offerors can participate in the survey by selecting the following link: https:// www.acquisition.gov/360.

(b) The Contracting Officer will not review the information provided until after contract award and will not consider it in the award decision. The survey is voluntary and does not convey any protections, rights, or grounds for protest. It creates a way for actual and potential offerors to provide the Government constructive feedback about the preaward and debriefing processes, as applicable, used for a specific acquisition.

(End of Clause)

2.17 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)

2.18 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)

2.19 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

(End of Provision)

2.20 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014) ALTERNATE II (NOV 2023)

(a) Definitions. "Bahraini, Mexican, or Omani construction material," "commercially available off-the-shelf (COTS) item," "construction material," "designated country 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 Under Trade Agreements" (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination 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 FAR clause 52.225-11 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 materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(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 construction material, except foreign construction material from a designated country other than Bahrain, Mexico, or Oman that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material other than Bahraini, Mexican, or Omani 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 FAR clause 52.225-11 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 FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material other than Bahraini, Mexican, or Omani 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)

2.21 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…