36C77625R0063.docx

36C77625R0063

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.

36C77625R0063 X 06-2 -2025 636-502 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 Jacquelyn Wise jacquelyn.wise@va.gov 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 Construct Sterile Processing Service construction project, in accordance with the attached Specifications and Drawings.

The project is located at the:

Omaha VA Medical Center 4101 Woolworth Avenue Omaha, NE 68105

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

For instructions concerning the organized Site Visit - See Attachment 21 - Site Visit Instructions

Statutory Cost Limitation: The current funding available for this minor construction procurement is approximately $15M. The Government cannot guarantee additional funds will be made available for award (reference 38 U.S.C 8104).

NAICS: 236220 - Commercial and Institutional Building Construction

X X 52.211-10 X see instructions

5PM

CDT

08-11-2025 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 Katherine Gibney Contracting Officer

Table of Contents

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Line Item 0001, Base Bid, (General Construction): Work includes general construction, alterations, roads, walks, grading, drainage, necessary removal of existing structures and construction and certain other items.: demolition, new utilities, relocation of existing utilities, alterations, site utilities, civil, landscape, architectural, structural, mechanical, plumbing, fire protection, electrical, and telecommunications to construct a new sterile processing service addition.

The contractor shall complete the entire project no later than 545 Calendar Days after the contractor receives the NOTICE TO PROCEED (NTP)

PRINCIPAL NAICS CODE: 236220 - Commercial and Institutional Building Construction PRODUCT/SERVICE CODE: Y1DA - Construction of Hospitals and Infirmaries

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. Offeror 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 https://www.gsa.gov/forms.

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 https://www.gsa.gov/forms.

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. 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 tradeoff process under best value, it may be in the Government's best interest to consider award to other than the lowest price Offeror or other than highest rated Offeror. The intent is to award to the Offeror that offers the best value to the Government. “Best Value” means the expected outcome of an acquisition that, in the Government’s estimation, provides the greatest overall benefit in response to the requirements. This source selection will be a Past Performance-Price tradeoff. The Past Performance factor is significantly more important than 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. All SDVOSBs must be listed as “certified” by the Small Business Administration (SBA) Veteran Small Business Certification (VetCert). Offerors must be certified in the SBA VetCert database (Veteran Small Business Certification (sba.gov)) at the time of proposal submission and at the time of award. Failure to be certified from the time of proposal submission and the time of award will result in the offeror’s proposal being rejected.

2.4 PRE-PROPOSAL SITE VISIT:

A formal site visit has been scheduled for this project. This will be the only opportunity for potential bidders to visit the site. See Attachment 21 – Site Visit Instructions – Construct SPS – Omaha for further information.

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

2.5 TECHNICAL QUESTIONS:

Questions of a technical nature must be submitted by prospective offerors via e-mail to: Contract Specialist jacquelyn.wise@va.gov and Contracting Officer katherine.gibney@va.gov. The subject line of each e-mail must read: 636-502 Construct SPS - Omaha, NE - 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 July 14, 2025 at 5:00 CT. To ensure that your questions are received and answered, we strongly recommend that you send your questions to BOTH the Contracting Specialist and Contracting Officer.

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 a proposal being considered ineligible for award as incomplete.

2.7 PREPARATION OF PROPOSALS

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

2.8 SUBMISSION OF OFFERS:

1. Offers shall be received on or before the date and time specified in Block 13 of the SF-1442. Offers received after the due date and time will not be evaluated and will be removed from award consideration.

2. Offerors must submit their proposals via e-mail to BOTH the Contract Specialist jacquelyn.wise@va.gov and Contracting Officer katherine.gibney@va.gov. Proposals must be based on solicitation documents issued for RFP number 36C77625R0063. Proposals must be in the format set forth in this document. There will be no public opening of the proposals. Only proposals submitted by email will be accepted. Hard-copy proposals will not be accepted. Proposals must not exceed 5MB total.

3. WARNING: Please do not wait until the last minute to submit your offer. Late proposals will not be accepted for evaluation. To avoid submission of late proposals, we recommend the transmission of your proposal files 24 hours prior to the required due date and time. Please be advised that timeliness is determined by the date and time an offeror’s proposal is received by the Government’s server; not when an offeror attempted transmission. Undeliverable emails due to an offeror’s proposal size, incorrect email address, or for any other reason, is not the responsibility of the government. Offerors are encouraged to review and ensure that sufficient bandwidth is available on their end of the transmission to successfully send electronic submissions, and to verify receipt of the proposal by the government.

4. Submitted proposals should contain the offeror’s best terms. The offeror may only submit one proposal per registered SDVOSB. The Government reserves the right to contact offerors and/or hold discussions if the Contracting Officer determines them to be necessary. Offerors are cautioned that discussions may not be conducted, and Offerors should not assume that they will have an opportunity to revise their proposals after submission.

5. Period of Acceptance of Offers/Quotations: The offeror agrees to hold the prices in its offer/quotation firm for no less than 120 calendar days from the date specified for receipt of offers/quotations.

2.9 PROPOSAL VOLUMES AND FORMAT

These instructions prescribe the format of proposals and the development and presentation of the proposal data. These instructions are designed to ensure the proper submission of information necessary to provide for comprehensive evaluation of proposals. Offerors shall carefully review this section prior to commencing proposal preparation and take the necessary measures to ensure that the information submitted is factual, accurate, and complete.

1. Proposal Volumes:

Three separate volumes are required to be submitted as three separate PDFs. Each volume and section should stand alone and not be cross referenced with other volumes and/or sections.

The three volumes shall be labeled:

Volume I – Past Performance Volume II – Price Volume III – Administrative

2. Proposal Format:

Each volume must be submitted as searchable PDF. Font type shall be Arial normal with no smaller than size 12 font with normal proportional spacing, including in all pictures, charts and graphs. Margins shall be no smaller than 1” on each side on standard 8.5” x 11” pages. The background color of each page of the submission shall be white, and text shall be black. Text lines must be single-spaced with no less than “1” line spacing.

Each volume of the proposal has a specific page limit as identified below. Any pages in excess of the allotted amount will be removed and not included as part of the evaluation. Offerors must include page numbers and its company name in the header or footer of each page of all attachments.

Each volume must be formatted as follows:

Volume I Format:

1. Volume I shall not include any information on pricing directly related to the project. It shall only include information on Factor 1, Past Performance.

2. The Offeror’s proposal must address each evaluation factor requirement listed in this solicitation. Failure to submit a proposal in the format required that addresses each factor will result in the proposal being deemed ineligible for award.

3. The page limit for Volume I is 20 pages. CPARS and PPQs do not count toward this page limit.

Volume II Format:

1. Volume II shall only contain information on Factor 2, Price, for pricing directly related to the project. There is no page limit for Volume II.

2. Offerors shall complete the pricing attachments and return them with the proposal. Failure to provide complete pricing information and a proper bid guarantee will result in the proposal being deemed ineligible for award.

Volume III Format:

1. Volume III shall only contain the following three requirements: responsibility information (representations and certifications), Limitations on Subcontracting Certificate of Compliance, and Joint Venture Certifications and Agreement (if applicable).

2. There is no page limit for Volume III.

2.10 INFORMATION TO BE SUBMITTED

The Offeror shall be held responsible for the validity of all information supplied in his/her proposal, including information provided by potential subcontractors. Should subsequent investigation disclose that the fact and conditions were not as stated, the proposal may be rejected and receive no further consideration.

Failure to submit a proposal in the format required that addresses each factor and includes completed copies of all required documents identified below will result in the proposal being deemed ineligible for award and rejected. The Government reserves the right to first determine whether a proposal is timely, complete, and compliant and then reject late, incomplete, or non-compliant proposals before evaluating proposals on their merits.

Offerors shall submit the following information as part of the proposal in order to be evaluated and considered for award:

Volume I:

Factor 1, Past Performance The contractor shall provide recent and relevant information regarding an Offeror’s actions under previously awarded contracts, and completed construction contracts, which were issued by either: Federal, State, or Local Government Agencies; and/or Private Organizations. Note, VHA and healthcare experience is preferred.

Offerors should identify no less than THREE (3), and no more than FIVE (5), completed construction contracts the offeror considers most relevant in demonstrating the ability to perform the proposed effort. The size, scope, and complexity of these projects should demonstrate a breadth of experience with facilities construction, alterations, and repair of buildings, as a prime contractor or subcontractor where multiple trades were involved using NAICS 236220. Projects should demonstrate experience in an active hospital setting, preferably with the VHA with at least, but not limited to the following:

· Phasing and scheduling of a multimillion-dollar project

· Infection control risk assessments, infection control, and safety

· Construction and coordinating work on the existing roof of an active patient care area

· Structural, mechanical, electrical, plumbing and heating, ventilation and air conditioning (HVAC)

· Coordination with subcontractors, VA facilities, and keeping the hospital running with little to no shutdowns of existing MEP

· Facility utilities systems Recent Successful Past Performance: Projects submitted by the Offeror shall be completed within the past FIVE (5) years of the date of issuance of this RFP to be considered recent. At least one of the projects submitted must have been completed by the offeror as the Prime. Offerors lacking relevant past performance history may submit information regarding predecessor companies or key personnel who have performed on other contracts. Such information shall, as a minimum, include: Name(s) of Predecessor Company/Sub-contractor and/or Key Personnel and include: Complete Address and Point of Contact; Telephone Number; and email address. However, if all project experience is submitted by relying on predecessor companies or key personnel from other contracts, the experience will be evaluated less favorably.

Each project submitted for past performance evaluation shall use the Project Information Sheet for Contractors (Attachment 17). In addition to the project sheets, include a rationale supporting the assertion of relevance and identify aspects of the contracts deemed relevant and how they relate to the proposed effort. Information shall include details on complexity, magnitude, challenges, and degree of success. Offeror is encouraged to include supporting documents such as photographs that support the narrative. Offerors shall also provide a narrative discussing successful past performance that dealt with unique situations. Such situations could include challenges with schedule, unforeseen site conditions, or other unusual factors, and provide details on how the offeror overcame those challenges. In addition, explain corrective actions taken in the past, if any, for substandard performance and any current performance problems, such as cost overruns, extended performance periods, numerous warranty calls, etc. Merely having past substandard performance and/or current performance problems does not automatically equate to a Limited or No Confidence rating, since the problems encountered may have been on a more complex project or an Offeror may have subsequently demonstrated the ability to overcome the past substandard performance and/or current performance problems. The Offeror is required to clearly demonstrate management actions employed in overcoming past substandard performance and/or current performance problems and the effects of those actions, in terms of improvements achieved or problems rectified. There is no required format for submission of this information.

Since the Government may not necessarily interview all the sources provided by the Offerors, it is incumbent upon the Offerors to explain the relevance of the data provided. Offerors are reminded that the burden of proving low performance risk rests with the Offerors.

If an offeror has no past performance history of relevance, the offeror must affirmatively state it possesses no past performance history of relevance. Without this statement, the Offeror will be rated less favorably for lack of attention to detail by not providing all required project information.

For offerors that are joint ventures, the evaluation will take into account past performance of the joint venture as well as the past performance of each party to the joint venture.

If an Offeror has recent and relevant past performance to submit, a corresponding completed and signed Past Performance Questionnaire (PPQ) or a CPARS must be submitted for each project in accordance with the direction below.

If a completed past performance evaluation is available in CPARS, it shall be submitted with the proposal for each project identified. If there is not a completed past performance evaluation available in CPARS, then the Offeror shall submit PPQ (Attachment 18) for that project. The Offeror shall notify their client that the PPQ shall be submitted back to the Offeror and incorporated into the proposal submission. If the Offeror is unable to obtain a completed PPQ from a client for a project before the proposal closing date, the Offeror shall complete and submit with the proposal the first page of the PPQ, which will provide contract and client information for the respective project(s), and documentation of the attempts to have the PPQ signed. The Government may make reasonable attempts to contact the client noted for that project(s) to obtain the PPQ information; however, the Government is not responsible for the failure to obtain information from a POC on a PPQ. Offerors should follow-up with clients/references to help ensure timely submittal of questionnaires.

Past performance information pertaining to a subcontractor cannot be disclosed to the prime offeror without the subcontractor’s consent. Any Teaming Partner must complete an Attachment 19 form, “Subcontractor Information and Consent Form” to be considered for relevant past performance. If the subcontractor does not consent, include a statement to that effect. Written references for subcontractors may be included and are encouraged to do so, however, subcontractors do NOT need to provide Past Performance Questionnaires.

Teaming Agreement: If a teaming arrangement is contemplated, provide complete information as to the arrangement, including any relevant and recent past performance information on previous teaming arrangements with same partner. If this is a first-time joint effort, each party to the arrangement must provide a list of past contracts of relevance.

Volume II: Factor 2, Price Complete in its entirety the “Offer” portion of the SF1442 (Page 2 of this solicitation) including signed acknowledgement of any amendments issued. An official having the authority to contractually bind your company must sign the SF1442 in accordance with FAR 4.102. The person signing the proposal shall initial each erasure or change appearing on any proposal form.

To be considered for award, offerors must submit a price proposal (Price Schedule (Solicitation Section A.3) and a bid guarantee. The specifications and drawings are attached to this solicitation.

The Price Schedule will be used to determine price reasonableness. The Government also reserves the right to use the Price Schedule as part of discussions during the competitive range, if they are required.

The prices must be Firm Fixed Price. The Offeror must 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 result in the offeror’s proposal being rejected.

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 amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less. The bid bond shall be submitted as part of the electronic submission (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, will result in rejection of the proposal.

Volume III: Administrative (no page limit):

If an offeror fails to include all of the administrative requirements below in its proposal, then the proposal will be deemed incomplete and ineligible for award, and the proposal will not be evaluated.

Each offeror must submit the following:

a. Representations and Certifications:

1. A completed copy of the offeror’s representations and 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.

2. Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment: Offeror shall provide their response to FAR 52.204-24(d) Representation and attach the completed provision to the proposal. Failure to complete and attach the representation will deem the proposal ineligible for award.

3. Information Regarding Responsibility Matters: Offeror shall provide their response to FAR 52.209-7(b) Information Regarding Responsibility Matters and attach the completed provision to the proposal. Failure to complete and attach the representation will deem the proposal ineligible for award.

4. 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 and attach the completed provision to the proposal. Failure to complete and attach the representation will deem the proposal ineligible for award.

5. Tax on Certain Foreign Procurements – Notice and Representation: The offeror shall provide their response to FAR 52.229-11(d) and attach the completed provision to the proposal. Failure to complete and attach the representation will deem the proposal ineligible for award.

6. Post Award Small Business Program Rerepresentations: Offeror shall provide their response to FAR 52.219-28(h), if applicable, and attach the completed provision to the proposal. Failure to complete and attach the representation, if applicable, will deem the proposal ineligible for award.

7. Complete VAAR 852.219-75 VA Notice of Limitations on Subcontracting – Certificate of Compliance for Services and Construction for the project. This certification is required by VAAR 852.219-75. The attachment, incorporated herein by reference, with the clause language is included as Attachment 20 and the entire attachment (both the clause and the completed certification) must be completed and returned with the proposal submission attached as a separate document. The completed and signed form will become part of the official award documentation. Failure to complete and attach the executed certification attachment will deem the proposal ineligible for evaluation and award.

b. Notice to SDVOSB Joint Venture/Mentor Protegee: Any offeror submitting a proposal as a joint venture must provide a certification from the certified 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. A copy of the joint venture agreement must be submitted with the proposal.

2.11 BASIS FOR AWARD – EVALUATION METHOD

General Information:

For this procurement, the government will award a contract resulting from the solicitation to the responsible offeror whose offer conforms to the solicitation and is evaluated as being the best value and most advantageous to the government, price and other factors considered. This is a Past Performance-Price trade-off. The Past Performance factor is significantly more important than price. The Contracting Officer will conduct an initial proposal screening after closing for determination of completeness and compliance with the solicitation requirements prior to commencing evaluation. Failure to provide a complete proposal consisting of all required information/documents and pricing for the project, as noted above, will result in the proposal being determined incomplete and no longer considered for award without further evaluation.

Factor 1 Past Performance Past Performance will be evaluated on the basis of recency, relevancy, and quality to arrive at an overall Confidence Rating.

Recency and Relevancy Evaluation: The Government will evaluate each project submitted to ensure the project is recent, meaning projects must have been completed within the last five (5) years. Projects older than five years will not be evaluated. The Government will evaluate each recent project to determine the relevancy of the project to the solicitation requirements. The relevancy determination will be based on the Project Information Sheet provided by the Offeror. Performance Quality Assessment:

The Government will consider the performance quality of any submitted project determined to be recent and rated somewhat relevant, relevant, or very relevant. In addition to evaluating the extent to which the Offeror’s performance meets contract specification requirements, the assessment will also consider aspects such as: the Offeror’s adhering to schedules (including the administrative aspects of performance); reasonable and cooperative behavior and commitment to customer satisfaction; controlling project cost; the timeliness of contract completion and submission of deliverables; the contractor’s compliance with the terms and conditions of the contract; the overall quality of the work performed on the contract; the Offeror’s managerial performance (to include use and control of subcontractors); and whether or not the reference would enter into a contract with the contractor again.

The Government reserves the right to conduct a past performance assessment 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), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the Offeror. While the Government may elect to consider data obtained from other sources, the burden of providing current, accurate and complete past performance information rests with the Offeror.

Overall Performance Confidence Rating: The purpose of the past performance evaluation is to assess the degree of confidence the Government has in the Offeror’s ability to meet the solicitation requirements based on the Offeror’s demonstrated record of performance. The Government will combine the recency, relevancy, and performance quality assessment considered for the Offeror to assign a single Past Performance Confidence Rating of Substantial Confidence, Satisfactory Confidence, Neutral Confidence, Limited Confidence or No Confidence.

Per FAR 15.305(a)(2)(iv), Contractors without relevant past performance or for whom past performance information is not available, will be rated neither favorably nor unfavorably on past performance. Offerors with no recent and relevant performance history or whose performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned shall receive the “Neutral Confidence” rating, meaning the rating is treated neither favorably nor unfavorably.

Factor 2 Price The Offeror’s price proposal will be evaluated by the Contracting Officer utilizing one or more of the price analysis techniques set forth in FAR 15.305. The Offeror’s evaluated price will be the price for construction submitted and presented to the Contracting Officer for consideration. The Price Schedule will be evaluated for reasonableness.

In accordance with (IAW) FAR 28.101-1, a bid bond is required for the project and will be evaluated. The bid bond signature must be identical to the bid and not signed digitally. The bid bond must be signed by both the Principal AND the agent, and BOTH must provide a corporate seal. A performance and payment bond is required.

Price Reasonableness: The proposed prices will be analyzed for fairness and reasonableness. The Government may use various price analysis techniques and procedures to ensure a fair and reasonable price. Examples of such techniques include, but are not limited to, the total evaluated price compared to historical prices for similar efforts, comparison to the Independent Government Estimate (IGE), and price competition obtained by the other offerors’ proposals submitted in response to this RFP.

2.12 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.

2.13 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.

2.14 SYSTEM FOR AWARD MANAGEMENT (SAM)

The FAR requires that federal contractors register in the 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 and at award in order to comply with the annual representations and certifications requirements (see FAR 52.204-7). Failure to be registered in SAM.gov at the time of offer and at award will result in removal from the competition. The initial screening of proposals includes reviewing SAM.gov for compliance with this section.

2.15 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 Sea Logistics Center in Portsmouth, New Hampshire. 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.

2.16 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.

2.17 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).”

2.18 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)

2.19 52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

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

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, 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)

2.20 52.233-2 SERVICE OF PROTEST (SEP 2006)

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

Katherine Gibney Hand-Carried Address:

Katherine Gibney Department of Veterans Affairs Program Contracting Activity Central 6100 Oak Tree Blvd, Suite 490 Independence OH 44131 Mailing Address:

Katherine Gibney Department of Veterans Affairs Program Contracting Activity Central 6100 Oak Tree Blvd, 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)

2.21 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

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

(b) An organized site visit has been scheduled for— See Attachment 21 - Site Visit Instructions

(c) Participants will meet at— See Attachment 21 - Site Visit Instructions (End of Provision)

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 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…