36C77626R0009 0004.pdf

5. PROJECT NUMBER (if applicable)

CODE 7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER 3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO. 1. CONTRACT ID CODE

FACILITY CODE CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR

ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office. is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES

SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER 16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30 PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243

(Type or print) (Type or print)

(Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code)

(If other than Item 6)

(Specify type of modification and authority)

(such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer)

1 12

0004 04-01-2026

674A4-21-700

36C776

Department of Veterans Affairs

Program Contracting Activity Central

6100 Oak Tree Blvd, Suite 490

Independence OH 44131

36C776

Department of Veterans Affairs

Program Contracting Activity Central

6100 Oak Tree Blvd, Suite 490

Independence OH 44131

To all Offerors/Bidders

36C77626R0009

02-10-2026

X

X X

X 1 (ONE)

Project 674A4-21-700 - EHRM Infrastructure Upgrades Construction - Doris Miller VAMC - Waco, TX

The purpose of this amendment is to provide the following:

1. Answers to questions 1 - 22 on the RFI tracker.

2. Updated section 2.8 Proposal Requirements in the Instructions to Offerors.

3. Updated section 2.9 Evaluation Methodology in the Instructions to Offerors.

4. Add FAR Clause 52.203-2 to the Solicitation. See 2.8 B 4 (f) in the updated instructions in Amendment 0004.

5. VAAR 852.204-72 was added in Amendment 0003, but did not have any of the fill ins completed. The fill-ins should state none.

See Attached.

Bridget E. May

Contracting Officer

VA-VHA-RPOC-2023-0037

SOLICITATION #36C77626R0009 - TECHNICAL QUESTIONS AND VA RESPONSE TRACKING SHEET - PROJECT NAME:

Project 674A4-21-700 - EHRM Infrastructure Upgrades Construction - Doris Miller VAMC - Waco, TX

No. Question Government Response

1 Will the government pay for materials stored per VAAR 852.232-70 and FAR 52.232-5? We have experienced PCAC Contracting Officers refusal to pay for materials stored on site during these periods of material shortages and the need to expedite procurement of materials when available to meet schedule obligations and prevent project delays.

This is an important factor in preparing Price proposals.

In accordance with contract terms and conditions, Contractors should not submit an offer assuming the Government will approve monthly progress payments for material and/or equipment procured by the Contractor and stored on the construction site, as space is available, or at a local approved location off the site. Payment of stored materials and/or equipment is at the Contracting Officer’s discretion and will be handled on a case-by-case basis during the contract and under such terms and conditions as the Contracting Officer approves.

2 Please confirm that any designers or consultants who provided professional services for the construction documents, including reports, are precluded from pursuing this project as a Prime contractor, Mentor-Protégé partner, or subcontractor.

Any member of the design team of this project is not permitted to be part of the construction team.

3 Please confirm that this project is a competitive SDVOSB set-aside and that any bonding provided by a contractor must be through a SDVOSB or SBA/VA APPROVED Mentor-Protégé partnership under the SBA/VA Mentor-Protégé program in which the partnership has been approved prior to the due date.

This project is set aside for SDVOSBs. The bonding requirements must be met for this project per the applicable clauses, provisions, and instructions to offerors.

4 Please confirm that a large business not part of an SBA/VA APPROVED Mentor- Protégé team under the VA Mentor- Protégé program cannot provide a bid guarantee or a payment & performance bond for a SDVOSB.

This project is set aside for SDVOSBs. The bonding requirements must be met for this project per the applicable clauses, provisions, and instructions to offerors.

5 When visiting the link, I noticed the project was “set aside for Service-Disabled Veteran Owned Small Business” – does this mean that General Contractors cannot bid the project unless they meet that requirement?

Yes, this project is a 100% set-aside for SDVOSBs. The prime contractor submitting the offer must be certified as such in the SBA VetCert database.

6 Is this project tax exempt? If the project is sales tax exempt will the government/VA provide a sales tax exemption certificate?

See Special Note regarding FAR 52.229-3 Federal, State, and Local Taxes in the solicitation. It is solely the responsibility of the offeror to include all state and local sales or use taxes for construction materials, and all other applicable taxes, in their bid or proposal price.

7 Will the Government provide detailed written requirements for contractor badging? Please clarify the process for obtaining PIV badges, including required documentation, background checks, and estimated processing timeframes.

Regardless of affiliation, everyone working within VA facilities or requiring access to VA information systems requires a VA PIV Card. PIV badging requirements can be found at https://www.osp.va.gov/How_To_Get_A_VA_ID_Badge.asp

Immediately after the bonds are provided to the Government, the contractor shall immediately start working with the identified COR at the site to commence the VA PIV process for all known contractor personnel that will be working the project.

All contractors must have a PIV Card in order to work on site.

8 How soon after award is NTP expected to be issued?

The Government anticipates issuance within 90 calendar days after award.

9 Will the VA allow deviations to Buy American Act if the noted products are not available?

The process of requesting exceptions to the Buy American Act is detailed in the provision at FAR 52.225-12, Notice of Buy American Requirement—Construction Materials Under Trade Agreements, and the clause at FAR 52.225-11 Buy American— Construction Materials under Trade Agreements, in the solicitation. Any items not compliant must be specifically listed in the offer.

10 Due to current potentially significant tariffs being placed on the importation of building materials such as wood or steel by the current Presidential Executive Branch, if a tariff is placed after bid time and before award will the government consider a price escalation on a contract value for products such as steel or wood should the executive branch levee tariffs effecting such materials? Most of these materials would still have been Buy American compliant as the tariffs would increase pricing on all steel or wood materials, regardless of origin.

This will be awarded as a Firm Fixed Price (FFP) contract and all escalation should be factored in your FFP. Additionally, FAR 52.216-4 “Economic Price Adjustment – Labor and Material” is not included in the solicitation and will not be added.

11 Please confirm if commissioning is required for this project.

All references (SECTION 23 08 00, SECTION 26 08 00, and SECTION 28 08 00, etc) to Cx will be removed. CX is not required for this project.

12 Also will the VA still keep in VAAR 852.232- 71 or will VAAR 852.232-70 replace this Clause?

VAAR 852.232-71 is to be replaced by VAAR 852.232-70. This project will now adhere to VAAR 852.232-70.

13 Could you please clarify whether projects within the $5 million to $10 million range, reflecting comparable technical and operational complexity, are considered acceptable for inclusion in our submission?

The value has been changed to $15 million. See Amendment 0004, revised solicitation Sections 2.8 and 2.9.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.osp.va.gov%2FHow_To_Get_A_VA_ID_Badge.asp&data=05%7C02%7C%7Ca161741650ed4b22218208de6008203d%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C639053785169652282%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=bOyRo4yD6UcMOZ261M7rEERPQ4zyMuZo1ibLTo%2BidoM%3D&reserved=0

14 The solicitation states that subcontractor past performance may be used, provided that at least one submitted project was completed by the prime contractor. If an offeror submits one qualifying project performed by the prime contractor and one qualifying project performed by a subcontractor, will this approach be evaluated less favorably than submissions where both projects were performed by the prime?

Submissions with more prime contractor examples may receive more favorable ratings.

15 An attachment sheet was provided for past performance experience. Please confirm whether this attachment is also required to be completed for subcontractor past performance projects when such experience is submitted.

Yes, this attachment is required to be completed for subcontractor past performance projects.

16 If subcontractor past performance is utilized, are subcontractors required to submit Past Performance Questionnaires (PPQs) and/or CPARS documentation for their referenced projects?

Yes, subcontractors are required to submit Past Performance Questionnaires and/or CPARS documentation for referenced projects.

17 If an offeror has an EHRM project that is relevant in scope and complexity but does not meet the $30 million threshold, would this project still be considered acceptable or otherwise evaluated as part of the past performance submission?

No, this project would not meet the minimum size requirement.

See response for #13 for further guidance.

18 Will there be PLA requirements on this project?

The inclusion of a PLA shall be excluded from this project.

19 As this project is a small business set-aside please confirm FAR clauses 52.225-11 and 52.225-12 are applicable on this contract

FAR clauses 52.225-11 and 52.225-12 are applicable for this project.

20 Is this project tax-exempt? If so, will a certificate be provided?

See Special Note regarding FAR 52.229-3 Federal, State, and Local Taxes in the solicitation. It is solely the responsibility of the offeror to include all state and local sales or use taxes for construction materials, and all other applicable taxes, in their bid or proposal price.

21 Please confirm this project must meet the buy American act requirements.

Yes, this project must meet Buy American Act Requirements.

See response to question #9.

22 Regarding joint ventures, how will those projects be evaluated?

Per the revised solicitation Sections 2.8 and 2.9 issued in Amendment 0004, “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.”

2.8 PROPOSAL REQUIREMENTS

A. General:

Proposal Submission: Offerors must submit their proposals via e-mail to shawn.tavernia@va.gov copy (cc) bridget.may@va.gov. Proposals must be based on solicitation documents issued for RFP number 36C77626R0009. Proposals will be in the format set forth 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 proposals submitted by email will be accepted. Hard-copy proposals will not be accepted.

B. Proposal Format:

1. Past Performance, Price and Administrative sections of the Offerors’ proposals will be evaluated independently; therefore, the Offeror must submit the proposal in three (3) Volumes: Volume I Past Performance, Volume II Price and Volume III Administrative.

Offerors must send Volumes I, II and III as attachments in separate e-mails. Each volume must be labeled with the Offeror's organization, business address, and VA Solicitation Number. Each volume must be submitted as searchable PDF documents attached to an e-mail. Portions of proposals submitted via drop-box, hyperlink, or format rather than a searchable PDF attached to an email will not be considered, which may render the proposal incomplete. The proposal, in its entirety, shall not exceed three (3) e-mails (one e-mail for each volume). Each e-mail, including its attachments, must be less than 5MB in size. Offerors must Include page numbers and its company name in the header or footer of each page of all attachments.

2. Volume I Past Performance: Offerors shall format Volume I Past Performance proposal as listed below. The specific evaluation criteria and methodology is below.

a. Volume I Past Performance must include a title page and detailed table of contents. Volume I Past Performance shall be submitted in one (1) PDF document for Volume I Past Performance and shall not exceed a total of Thirty

(30) pages. The title page and table of contents are excluded from the page limit.

Offerors must not include any price or price related material in the Volume I Past Performance 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. 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. CPARS and PPQs must be submitted in their existing format, which may differ from what is listed above.

mailto:shawn.tavernia@va.gov mailto:bridget.may@va.gov

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

d. Volume I Past Performance, Proposal Requirements: The proposal must address the following submission requirements for Factor 1 Past Performance.

Offerors shall demonstrate successful experience in large-scale communication infrastructure construction projects. Past performance will be evaluated based on the size, scope, and complexity of completed projects, within active healthcare environments, particularly within the Veterans Health Administration (VHA).

i. Number of Projects; Offerors shall provide at least two (2) and no more than three (3) projects that demonstrate their ability to perform the proposed effort.

Projects must be at least 75% completed or have been completed within the past five (5) years from the date proposals are due.

ii. Size: Each submitted project must have a total value exceeding $15 million.

Projects meeting or exceeding this threshold demonstrate an offeror’s capacity to manage the scale of work similar to the EHRM Infrastructure

Upgrades project, which includes extensive IT, mechanical, electrical, and telecommunications reconfiguration within an active 24/7 VHA medical facility.

iii. Scope: Relevant past performance must demonstrate experience with phased construction and infrastructure upgrades in a medical or similarly sensitive operational environment. Required scope elements include:

• Telecommunications and IT infrastructure upgrades (aligned with

EHRM modernization goals).

• Electrical, mechanical, and HVAC reconfiguration, including after-hours cutovers and shutdown coordination.

• Demolition and renovation with protection of adjacent patient care areas and minimal operational disruption.

• Life-safety system coordination, including fire alarm, sprinklers, smoke detectors, nurse call, isolation monitors, and emergency power systems.

• Infection Control Risk Assessment (ICRA) compliance, IC permit posting, dust control, and worker IC training.

• Utility interruptions, utility rerouting, and temporary systems to maintain hospital operations.

Preference, under relevance, may be given to projects performed in VHA facilities or other accredited acute care healthcare environments requiring continuous patient care and uninterrupted facility operations.

iv. Complexity: Offerors must show past performance demonstrating the ability to manage projects of comparable complexity, including:

• Phased construction in a fully operational hospital, with one wing or zone completed at a time.

• Coordination of critical utility shutdowns requiring 72-hour minimum notifications, and up to 10 working days for major system outages.

• Management of telecommunications and IT infrastructure relocation, including temporary installations of data, telephone, Wi-Fi, and network systems.

• Maintaining compliance with NFPA, NEC, OSHA, VA Master

Specifications, and all federal/state regulatory requirements referenced in the SOW.

• Coordination of ICRA/ILSM, fire safety impairments, false alarm prevention, fire watch procedures, and dust mitigation.

Projects demonstrating minimal downtime, strong communication protocols, and successful completion within occupied, medically sensitive areas may be rated higher under relevance.

v. Other Elements: The Government will evaluate each submitted project on the following factors:

• Infection Control and Environmental Controls:

o Experience implementing ICRA, HEPA containment, dust barriers, and active controls in sensitive hospital environments.

• Utility & Life-Safety Coordination o Ability to manage:

▪ Temporary power

▪ Fire alarm and sprinkler outages

▪ Smoke detector protection

▪ Coordination with medical center safety officers

▪ Fire watch requirements for impairments exceeding four hours.

• Construction Phasing and Continuity of Operations o Demonstrated capability to perform:

▪ Night/weekend work

▪ Phased wing-by-wing construction

▪ Operational continuity in 24/7 healthcare facilities.

• Hazardous Material Handling / Demolition o Demonstrated Control of demolition debris, recycling practices, and protection of adjacent spaces.

vi. Narrative: Each project submitted for past performance evaluation shall use

Attachment 11 - Project Information Sheet for Contractors and include all the required/requested information. Offerors shall also provide a narrative describing past performance on projects requiring complex coordination and the risk mitigation actions taken. This shall include:

• How the project met similar coordination, phasing, and infrastructure requirements to the EHRM Waco project.

• Management of site outages, system cutovers, and the communication standards used to inform multiple stakeholders of key coordination dates

• Handling of long-lead item procurement and adherence to critical path schedules

• Resolution of past performance issues, including corrective actions taken for substandard performance

• Description of the mitigation plan for any current performance challenges such as cost overruns, schedule delays, subcontractor issues, or changes in key personnel or subcontractors.

• Discussion of the contractor’s ability to manage: System outages and communication with COR and stakeholders, Long-lead procurement, Critical path scheduling, Fire alarm/sprinkler impairments, ICRA/ILSM implementation, and Temporary utilities and life-safety systems.

At least one of the projects submitted must have been completed by 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.

PPQ/CPARS: If an Offeror has recent and relevant past performance to submit, a corresponding completed and signed Past Performance Questionnaire (PPQ) or a Contractor Performance Assessment Rating System (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 (See Attachment 10 - PPQ) 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.

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.

3. Volume II Price & Proposal Requirements: Offerors shall format the Volume II Price proposal as listed below. The proposal must include the following for Factor 2 Price.

a. Offerors shall complete the Price Schedule in part A of this solicitation, providing their price for Line Item 0001. In addition to the Price Schedule, Offerors shall submit a complete Breakdown of the Division Pricing for Line Item 0001 (See Attachment 12 - Division Cost Breakdown - 5-29-24). 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 negotiations during the competitive range, if they are required.

b. The price 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.

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. Bid Guarantee: The Offeror shall furnish a bid guarantee as stipulated in the solicitation (see FAR 52.228-1). 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: If an offeror fails to include all of the below information in its proposal, then the proposal may be deemed incomplete and ineligible for award.

a. Representations & Certifications:

By submitting its offer, the Offeror verifies that, as of the date of its offer, its representations and certifications posted electronically in SAM for the applicable provisions are current, accurate, and complete. The Offeror’s representations and certifications in SAM are hereby incorporated by reference into its offer.

b. Information Regarding Responsibility Matters:

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

c. Certification Regarding Tax Matters:

Offeror shall provide their response to FAR 52.209-12 (b) Certification Regarding Tax Matters.

d. Violation of Arms Controls Treaties or Agreements:

Offeror must provide their response to FAR 52.209-13 (b)(1) or (2) 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. Certification of Independent Price Determination Offeror must provide their response to FAR 52.203-2 Certificate of Independent Price Determination.

g. Limitations on Subcontracting:

The offeror must complete and sign the certification in VAAR 852.219-75, VA Notice of Limitations on Subcontracting—Certificate of Compliance for Services and Construction, and return it with their bid submission. 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 bid is attached as a separate document (see Attachment 8 - Limitations on Subcontracting - Construction).

Failure to return the entire clause, with the appropriate box marked, the offeror’s name entered, and the certification completed and signed, with the offeror’s proposal will result in the offer being deemed nonresponsive and therefore ineligible for award.

h. Notice to SDVOSB Joint Venture/Mentor-Protégé:

Any offeror submitting a proposal as a joint venture must provide a copy of the joint venture agreement, as well as 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. Provide the UEI for each partner in the agreement. Failure to submit the agreement and certification with the offeror’s proposal may result in the rejection of the proposal.

2.9 EVALUATION METHODOLOGY

A. The Government reserves the right to award without negotiations based upon the initial evaluation of the proposals but reserves the right to open negotiations 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. Past Performance is significantly more important than Price.

B. 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 years, or at least 75% complete. Projects older than five years, or not at least 75% completed 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. Projects under $15 million will not be evaluated.

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), 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 15.202 (c)(1), offerors without a record of relevant past performance or for whom information on past performance is not available may not be evaluated favorably or 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 total evaluated price will be determined by the Offeror's price provided on the Price Schedule.

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 negotiations 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 negotiations.

A.1 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION

(APR 1985)

(a) The offeror certifies that—

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to—

(i) Those prices;

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory—

(1) Is the person in the offeror’s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; or

(2)(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision ____________________ [insert full name of person(s) in the offeror’s organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror’s organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies paragraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of Provision)

End of Document