36C77624R0140_1.docx

36C77624R0140

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.

1 of 36C77624R0140 X

TBD

636-810 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 Skye S. Budney 860-666-6951 x17375 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.

This project will be procured using the two-phase design-build procedures.

The contractor is to provide design and construction services to complete a new replacement storage building at the Iowa City VAMC in accordance with this solicitation, specifications, and all applicable attachments.

This project is located at:

Iowa City VA Health Care System 601 Highway 6 W Iowa City, Iowa 52246

The budget for contract award for design and construction is approximately $2.6 million, based on the funds available for this project. The government cannot guarantee that additional funds will be made available for award.

Offerors are under no obligation to approach this budget.

X X 52.211-10 X 0 (Zero) 12:00

EST

12-02-2024 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

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

SIGNATURE

20c. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

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

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

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

TO SIGN

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

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

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

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

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

(Contractor is not required to sign this document.)

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

SEE PRICE SCHEDULE

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 Jennifer Braaten

Table of Contents

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

CLIN 01: DESIGN: All design Architect and Engineering (AE) services, materials, supplies, equipment, investigations and project supervision, and construction period services associated with this contract.

Contract Period: Base POP Begin:

POP End:

Contract Period: Base POP Begin:

POP End:

CLIN 02: GENERAL CONSTRUCTION: Provide all labor, materials, tools, equipment, supervision, and administration of this contract. Requirements includes general construction; alterations; roads; walks; grading; drainage; necessary removal of existing conditions, construction, and commissioning. Major work elements include but are not limited to: demolition of an existing building, repairs to an existing foundation, alterations of an existing building, and construction of a new storage facility.

Contract Period: Base POP Begin:

POP End:

Contract Period: Base POP Begin:

POP End:

NOTICE

1. During Phase Two of the Two-Phase Design Build solicitation process, the Contractor is required to fill in their pricing on the above price schedule. Pricing is not to be submitted in Phase I.

1. Phase II pricing shall be submitted in whole dollar values. Please do not include pricing in cents.

1. The Offeror shall furnish all labor, material, equipment, etc., necessary to perform all work in strict accordance with the terms and conditions set forth in the contract to include all attachments thereto.

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.

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INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

1.1 PROPOSAL MATERIAL:

Proposal materials consisting of the statement of work, specifications, other attachments, and contract forms are included and/or attached as part of this Request For Proposal. The VA will not provide printed copies of the specifications or solicitation documents. It is the responsibility of the offeror to obtain the proposal materials in a time and manner sufficient to respond to this solicitation by the specified due date.

1.2 BID GUARANTEE:

A Bid Guarantee, SF 24, is required in an amount not less than 20 percent of the proposal price but shall not exceed $3,000,000. Failure to furnish the required bid (proposal) guarantee in the proper form and amount, by the time set for receipt of proposals, may result in the rejection of the proposal. Copies of the SF 24 may be obtained from http://www.gsa.gov/portal/forms/type/TOP.

1.3 PAYMENT & PERFORMANCE BONDS:

The offeror to whom award is made will be required to furnish two bonds, a Payment Bond, SF 25A, and a Performance Bond, SF 25, each in the penal sum as noted in the General Conditions of the Solicitation. Copies of SFs 25 and 25A may be obtained from http://www.gsa.gov/portal/forms/type/TOP.

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.

36C77624R0140

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

Page 1 of

Page 1 of

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. The Government intends to award a contract resulting from this solicitation to the responsible Offeror whose proposal represents the best value to the Government. A responsibility determination will be made in accordance with FAR 9.1, Responsible Prospective Contractors.

The Government reserves the right to award without discussions based upon the initial evaluation of the proposals but reserves the right to open discussions if determined to be necessary. All proposals shall be subject to evaluation by a team of Government personnel. The proposals will be evaluated in accordance with the criteria provided in the solicitation. Using the lowest price technically available, it may be in the Government's best interest to consider award to other than the lowest price Offeror if the lowest offer is not technically acceptable.

2.3 PRE-PROPOSAL SITE VISIT:

A formal site visit has been scheduled for this project. See FAR Clause 52.236-27 of this solicitation for further information.

All potential offerors, subcontractors and suppliers are strongly encouraged to attend this site visit.

2.4 TECHNICAL QUESTIONS:

Questions of a technical nature must be submitted by prospective offerors via e-mail to: Skye Budney Skye.Budney@va.gov and Jennifer Braaten at Jennifer.Braaten@va.gov. The subject line of each e-mail must read: 636-810 -Replace Building for Storage – Iowa City- 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 NOVEMBER 27th at 12:00pm EST.

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 a proposal being considered ineligible for award.

2.6 PREPARATION OF PROPOSALS

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

2.7 SOURCE SELECTION

1. The Government will conduct a source selection using the Two-Phase Design Build Selection Procedures noted in Federal Acquisition Regulation (FAR) Part 36.3.

· The Government will evaluate Phase 1 proposals against the Phase 1 evaluation criteria to determine the most highly qualified offerors according to FAR part 36.3. A maximum of 5 offerors shall be selected to move forward to Phase 2.

· The Government will notify the selected Phase 2 offerors and request submission of a Phase 2 proposal that addresses the Phase 2 evaluation criteria.

· The Government will evaluate Phase 2 against Phase 2 evaluation criteria using the Lowest Price Technically Acceptable methodology defined at FAR Part 15.1. 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.

2. Phase 1 – Instructions.

A. Submit proposals in two volumes.

a. Volume 1: Technical and Past Performance.

b. Volume 2: Business

B. VOLUME 1: TECHNICAL AND PAST PERFORMANCE

a. FACTOR 1 – PROJECT EXPERIENCE): Submit the attached "Project Experience Questionnaire" (PEQ) form addressing specific experience aspects below for up to 5 relevant projects completed in the last 10 years. Submit separate forms for each project. If the Offeror is a Joint Venture (JV), technical approach shall be submitted for projects performed by each individual entity, and by the Joint Venture itself, if available.

i. Design Experience: Include your experience completing A/E projects of similar requirements including but not limited to: demolition, foundation repair and new construction.

ii. Construction Experience: Describe experience in projects you completed on-time and within budget that are similar in scope to a 2,000 square foot building requiring demolition, foundation repair and new construction with HVAC and electrical tie ins, similar in nature to the subject requirement.

iii. Teaming Experience: Include your experience as a construction contractor working with the proposed design team.

b. FACTOR 2 – QUALIFICATIONS: Submit resumes under Standard Form 330 (SF-330) Part I Section E for each of the following positions.

i. Architect

ii. Structural Engineer

iii. MEP Engineer

iv. Civil Engineer

c. FACTOR 3 – PAST PERFORMANCE: Submit Past Performance information for the same projects submitted under Factor 1, Project Experience by submitting a Past Performance Questionnaire using the solicitation attachment (PPQ) or a Contractor Performance Assessment Reporting System (CPARS) rating report.

Failure to provide requested data, accessible points of contact, or valid phone numbers could result in a firm being considered less qualified. All projects provided in the Phase I Proposal must be completed by the office/branch/individual team member performing the work under this contract. If the Offeror is a Joint Venture (JV), past performance shall be submitted for projects performed by each individual entity, and by the Joint Venture itself, if available.

For any project that does NOT have CPARS data available, a Past Performance Questionnaire (PPQ) is required. The PPQ should be rated and signed by the evaluator. If a firm does not receive a completed PPQ from an evaluator prior to the time for submission, the firm shall submit the partially completed PPQ with Section 1 and the Evaluator Information in Section 2 completed. Ensure a point of contact (POC) is listed with the project title/contract number. The VA will make reasonable attempts to contact the POC upon submission for PPQ completion.

C. VOLUME 2: BUSINESS – Required documentation.

a. SF1442: Complete blocks 14, 15, 16, and 19 of Standard Form (SF) 1442. See also (2) below if acknowledging amendments. Offerors shall not submit a price as part of Phase One proposal submission. An official with authority to contractually bind the offeror's company must complete and sign blocks 20a, 20b, 20c, 30a, 30b, and 30c of the SF1442 in accordance with the procedures prescribed in the Federal Acquisition Regulation Subpart 4.102. Failure to complete and sign all required blocks may result in an unacceptable offer.

b. Amendment(s) Acknowledgement: Acknowledge all solicitation amendments using one of the following methods as described in box 11 of the amendment (SF30): (1) Complete blocks 8, 15A, 15B, and 15C on each amendment (SF30) and return a copy with your proposal. An official with authority to contractually bind the offeror's company must complete and sign blocks 15A, 15B, and 15C of the SF30 in accordance with the procedures prescribed in the Federal Acquisition Regulation Subpart 4.102 or; (2) Complete blocks 19, 20a, 20b, and 20c, Acknowledgement of Amendments, on the SF1442.

c. Representations & Certifications: Submit a completed copy of provision FAR 52.204-8. Complete all required representations and certifications if they are not available at www.SAM.gov; including –

i. FAR 52.204-24 (d) Representation Regarding Certain Tele-communications and Video Surveillance Services or Equipment.

ii. FAR 52.209-7 (b) Information Regarding Responsibility Matters.

iii. FAR 52.209-13 (b) (1) or (2) Violation of Arms Controls Treaties or Agreements.

iv. FAR 52.219-28 items (h)(1), (h)(6), and (h)(7) Post-Award Small Business Program Representations.

NOTE: Federal Acquisition Regulations require that federal contractors register in the System for Award Management (SAM) database at http://www.sam.gov and enter all mandatory information into the system. Offerors are required to be registered in SAM at the time an offer is submitted in order to comply with the annual representations and certifications requirements. The Offeror shall be registered at time of Phase I submission, Phase II submission, and award.

d. Capability to Perform: The Offeror shall provide a letter from their surety demonstrating the offeror’s total bonding capacity and current available bonding capacity. Total bonding capacity and current available bonding capacity must be outlined in a letter dated no earlier than the solicitation release date.

3. Phase 1 Evaluation.

A. Volume 1 evaluation criteria. Relative Importance. Factors 1 – 3 are in descending order of importance.

a. FACTOR 1 – PROJECT EXPERIENCE: Project experience demonstrating (1) capability as the contractor to successfully complete relevant projects of similar magnitude, size (sf), scope and complexity to this solicitation; (2) strong technical knowledge and skill required for this solicitation, particularly with demolition, design and installation of a storage building, new construction and renovation of approximately 2,000 sq. ft., design-build, phasing and coordination of construction execution; and (3) effective management, problem solving, communication, coordination, and organization of complex, sequential work packages with multi-discipline (divisions) of work present lower levels of risk and will be more favorably rated. Those offerors not demonstrating these attributes present higher levels of risk and will be less favorably rated.

b. FACTOR 2 - QUALIFICATIONS: The following criteria will be given favorability:

· Design Experience completing A/E projects of similar requirements including but not limited to: demolition, foundation repair and new construction of pre-engineered manufactured building systems (PEMB).

· Construction Experience completed similar requirements including but not limited to building demolition, foundation repair, and new construction of a 2,000 square foot PEMB requiring HVAC and electrical tie-ins.

· Prior experience working together with proposed team.

· Federal government experience.

c. FACTOR 3 – PAST PERFORMANCE: The quality of both the design and construction efforts associated with past projects will be evaluated. The Government will utilize the project information submitted under evaluation Factor 1 above, and other available sources to assess the relevance and quality of work performed on similar projects. Evidence of past performance as a design-build team may be considered more favorably rated. Past performance demonstrating higher levels of success and quality on recent and relevant projects similar to this solicitation present lower levels of risk and will be more favorably rated.

Contractors without relevant past performance or for whom past performance information is not available, will be rated neither favorably nor unfavorably on past performance. Past performance evaluations may also be conducted using information obtained from CPARS and any other sources deemed appropriate by the CO. Other sources may include, but are not limited to, inquiries of owner representative(s), Contractor Performance Assessment Reporting System (CPARS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the Offeror.

During proposal evaluations, exchanges between the Government and offerors may occur to clarify the relevance of past performance information and/or address adverse past performance information which an offeror has not yet had an opportunity to respond to.

B. Volume 2 evaluation criteria. Volume 2 business volume will be rated as acceptable or unacceptable. Acceptable is defined as: the offeror met the Government’s minimum requirements as identified in the solicitation. UNACCEPTABLE is defined as: the offeror failed to meet the Government’s minimum requirements as identified in the solicitation.

a. SF1442: reviewed for completeness.

b. Amendment(s) Acknowledgement: reviewed for timely and proper acknowledgement.

c. Representations & Certifications: Information will be reviewed for completeness and award eligibility.

d. Capability to Perform: will be evaluated based on whether the Offeror has adequate total bonding capacity and available bonding capacity to accommodate the design and construction of the project in accordance with the budget listed on page 1 of the solicitation.

3. Phase 2 – Instructions.

A. Submit proposals in two volumes. Only Offerors invited to participate in Phase 2 will be evaluated.

a. Volume 1: Administrative

b. Volume 2: Price B. VOLUME 1: ADMINISTRATIVE – Required documentation.

a. SF1442: Complete blocks 14 through 20c of Standard Form (SF) 1442. An official with authority to contractually bind the offeror's company must complete and sign blocks 20a, 20b, 20c, 30a, 30b, and 30c of the SF1442 in accordance with the procedures prescribed in the Federal Acquisition Regulation Subpart 4.102. Failure to complete and sign all required blocks may result in an unacceptable offer.

b. Amendment(s) Acknowledgement: Acknowledge all solicitation amendments using one of the following methods as described in box 11 of the amendment (SF30): (1) Complete blocks 8, 15A, 15B, and 15C on each amendment (SF30) and return a copy with your proposal. An official with authority to contractually bind the offeror's company must complete and sign blocks 15A, 15B, and 15C of the SF30 in accordance with the procedures prescribed in the Federal Acquisition Regulation Subpart 4.102 or; (2) Complete blocks 19, 20a, 20b, and 20c, Acknowledgement of Amendments, on the SF1442.

c. Bid Bond: Submit Standard Form 24, Bid Bond duly executed between the offeror and the bonding company. Refer to clause 52.228-1.

d. VA Notice of Limitations of Subcontracting: the offeror must complete and sign the certification in VAAR 852.219-75 and return it with their proposal. The completed and signed certification will become part of the official award documentation. A copy of the clause to be completed and included with the proposal is in the attachments.

e. Notice to SVOSB/VOSB Joint Venture/Mentor-Protégé. Any offeror submitted a proposal as an SDVOSB joint venture must provide a certification from each 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 a determination that an offeror is unacceptable and therefore ineligible for award. The Government reserves the right to request a copy of the Joint Venture Agreement.

C. VOLUME 2 - PRICE PROPOSAL

a. PRICE: Enter the proposed dollar amount for each line item in the Price Schedule. Also provide a separate Schedule of Values (SOV) for each line item. Each SOV shall show the line-item price broken down by major work components.

4. Phase 2 – Evaluation.

A. Volume 1 will be rated as acceptable or unacceptable. Acceptable is defined as: the offeror met the Government’s minimum requirements as identified in the solicitation. UNACCEPTABLE is defined as: the offeror failed to meet the Government’s minimum requirements as identified in the solicitation.

B. VOLUME 1 – ADMINISTRATIVE: Compliance with Solicitation Requirements.

a. SF1442: Acceptability determined by completeness.

b. Amendment(s) Acknowledgement: Acceptability determined by timely and proper acknowledgement.

c. Bid Bond: Acceptability determined by completeness and compliance with FAR requirements for submission.

d. VA Notice of Limitations of Subcontracting: Acceptability determined by a complete and signed certification of VAAR 852.219-75.

e. Notice to SVOSB Joint Venture/Mentor-Protégé. Acceptability determined (if applicable) by certification from each 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 a determination that an offeror is unacceptable and therefore ineligible for award. The Government reserves the right to request a copy of the Joint Venture Agreement.

C. VOLUME 2 – PRICE.

a. PRICE: The total evaluated price will be determined by the Offeror's price provided on the Price Schedule. Offeror must also submit a detailed schedule of values with price proposal.

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 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.

2.8 DETERMINATION OF RESPONSIBILITY

In accordance with FAR subpart 9.1, Responsible Prospective Contractors, a responsibility determination will be made for the apparent awardee prior to processing the award. The Contracting Officer reserves the right to request information to assist the Government in determining the apparent successful offeror responsible, including information regarding the offeror’s previous experience (including points of contact), organization (including company officers), technical qualifications, financial resources, and other information deemed necessary. 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.

2.10 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).

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.”

2.11 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.

2.12 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.

2.13 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).”

2.14 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)

2.15 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)

2.16 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)

2.17 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)

2.18 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 $3,000,000.00, 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)

2.19 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:

Jennifer Braaten

Hand-Carried Address:

Jennifer Braaten Department of Veterans Affairs Program Contracting Activity Central 6150 Oak Tree Blvd, Suite 300 Independence OH 44131 Mailing Address:

Jennifer Braaten 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)

2.20 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— November 13th, 2024 at 2:00pm EST

(c) Participants will meet at— 601 Hwy 6W, Iowa City, IA 52246 (Bldg 2, flr 2 engineering) (End of Provision)

2.21 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)

2.22 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:

2.23 PARTNERING

(a) In order to most effectively accomplish this contract, the Government proposes to form a cohesive partnership with the Contractor and its subcontractors.