S02_Attachment - Solicitation Sections B_L_M (amended).pdf

36C78626R0008 Section B

SECTION B - SUPPLIES OR SERVICES AND PRICE/COST

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 JB __________________ __________________

Installation of all work shown on the plans and described in the specifications including but not limited to: Improvements include gravesite expansion (pre-placed crypts, in-ground cremains sites, columbarium niches), construction of columbarium walls, administration building & maintenance building IT improvements, service seals replacement, roads, bridge, signage, site furnishings, landscaping, and irrigation system.

Contract Period: Base POP Begin:

POP End:

Note: Ensure that the supply cost of preplaced crypts and their delivery to the job site are NOT included in this Contract Line-Item Number (CLIN). These should be detailed separately in CLIN 0002

6,874.00 EA __________________ __________________

Pre-Placed Crypts (supply and delivery to site only)

Contract Period: Base POP Begin:

POP End:

Note: Include supply costs for preplaced crypts and their delivery to the job site in this CLIN for Base Bid.

Additional Niches per Construction Drawings and Specifications

Contract Period: Option 1 POP Begin:

POP End:

Irrigation Pump Replacement per Construction Drawings and Specifications

Contract Period: Option 2 POP Begin:

POP End:

Preplaced Crypt Installation per Construction Drawings and Specifications

Contract Period: Option 3 POP Begin:

POP End:

Note: Ensure that the supply cost of preplaced crypts and their delivery to the job site are NOT included in this Contract Line-Item Number (CLIN). These should be detailed separately in CLIN 0006

1,926.00 EA __________________ __________________

Preplaced Crypts (supply and delivery to site only)

Contract Period: Option 3 POP Begin:

POP End:

Note: Include supply costs for preplaced crypts and their delivery to the job site in this CLIN for Option 3

GRAND TOTAL

36C78626R0008 Section L

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO

OFFERORS

L.1 FAR 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/far-overhaul/far-part-deviation-guide/far-overhaul-part-

52#FAR_52_252_1

http://www.va.gov/oal/library/vaar/index.asp

(End of Provision)

FAR

Number

Title Date

52.204-7 SYSTEM FOR AWARD MANAGEMENT

(DEVIATION NOV 2025)

NOV 2024

52.215-1 INSTRUCTIONS TO OFFERORS—COMPETITIVE

ACQUISITION (DEVIATION NOV 2025)

NOV 2021

52.228-1 BID GUARANTEE

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

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

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

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less.

SEP 1996

52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID

GUARANTEE)

FEB 2021

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_252_1 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_252_1 http://www.va.gov/oal/library/vaar/index.asp

52.223-1 BIOBASED PRODUCT CERTIFICATION (DEVIATION NOV

2025)

MAY 2024

52.223-4 RECOVERED MATERIAL CERTIFICATION MAY 2008

L.2 FAR 52.216-1 TYPE OF CONTRACT (APR 1984)(DEVIATION NOV 2025)

The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

L.3 FAR 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—

SECONDARY SITE OF THE WORK (MAY 2014)(DEVIATION NOV 2025)

(a)(1) The offeror must 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 must 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 must 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.

L.4 FAR 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—

CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "designated country construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American—Construction Materials Under Trade Agreements" (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_222_6 the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country 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)

L.5 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)(DEVIATION NOV 2025)

(a) Protests, (as defined in FAR 33.102), that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), must be served on the Contracting Officer identified in the solicitation by obtaining written and dated acknowledgment of receipt from them.

(b) The copy of any protest must be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

L.6 FAR 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS

REPRESENTATIONS AND CERTIFICATIONS (DEVIATION NOV 2025)

(a) Definitions. As used in this provision-—

Backhaul, covered article, covered telecommunications equipment or services, critical technology, FASCSA order, Intelligence community, interconnection arrangements, national security system, roaming, sensitive compartmented information, sensitive compartmented information system, source, and substantial or essential component have the meanings provided in the clause 52.240-91, Security Prohibitions and Exclusions.

Business operations means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

Marginalized populations of Sudan means—

(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and

(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted under specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

(b) Procedures.

(1) Covered telecommunications and video surveillance. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(2) FASCSA Orders.

(i) The Offeror shall search in SAM for the phrase “FASCSA order” for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (e) of FAR 52.240-91, Security Prohibitions and Exclusions.

(ii) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM but are effective and apply to the solicitation and resultant contract (see FAR 40.204-1(c)(2)).

(iii) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(c) Covered telecommunications equipment or services representations. By submission of its offer, the Offeror represents that, after conducting a reasonable inquiry (that looks at any information in the Offeror’s possession but does not need to include an internal or third-party audit)—

(1) It will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation, except as waived by the solicitation, or as disclosed in paragraph (g); and

(2) It does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services, except as waived by the solicitation, or as disclosed in paragraph (g).

(d) FASCSA Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (g). A reasonable inquiry will look at any information in the offeror’s possession but does not need to include an internal or third-party audit.

(e) Sudan certification. By submission of its offer, the offeror certifies, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need https://www.sam.gov/ to include an internal or third-party audit), that the offeror does not conduct any restricted business operations in Sudan.

(f) Iran Representation and Certifications.

(1) Except as provided in paragraph (f)(2) of this provision or if a waiver has been granted in accordance with FAR 40.203-3, the offeror, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), by submission of its offer—

(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;

(ii) Certifies that the offeror, or any person (as defined at section 15 of the Iran Sanctions Act of 1996, Pub. L. 104-172, 50 U.S.C. 1701 note) owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran’s ability to acquire or develop certain weapons or technologies; and

(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $15,000 with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx)

(2) Exception for trade agreements. The representation and certification requirements of paragraph (f)(1) of this provision do not apply if—

(i) This solicitation includes a trade agreements notice or certification (e.g., 52.225-6, Trade Agreements Certificate); and

(ii) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.

(iii) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

(g) Disclosure.

(1) If the Offeror is not able to represent compliance with the prohibitions in paragraphs (c) or (d), then the Offeror shall disclose within 72 hours to the contracting office identified in paragraph (g)(2) the following information for each product or service not compliant:

(i) Contract number and order number, if applicable;

(ii) Identification of whether this disclosure relates to paragraph (c) on covered telecommunication equipment or services, or to paragraph (d) on FASCSA orders;

https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx mailto:CISADA106@state.gov

(iii) A description of the products or services that the Contractor identifies or has reason to suspect is prohibited (include brand; model number, such as the original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(iv) The entity that produced the product or service (include entity name, unique entity identifier, Contractor and Government Entity (CAGE) code, facilities responsible for design, fabrication, assembly, packaging, and test of the product, and whether the entity was the OEM or a distributor (provide manufacturer codes and distributor codes used for the product));

(v) Description of the functionality of the product or service and how that functionality impacts the risk to the product or service;

(vi) An explanation of any factors relevant to determining if the product or service should be permitted by an applicable exception, exemption, or waiver (if the offeror would like the Government to consider a waiver);

(vii) Whether alternative products or services are available that would be compliant with the prohibition;

(viii) If the product or service is related to item maintenance, include the following information on the item being maintained:

(A) Brand;

(B) Model number, OEM number, manufacturer part number, or wholesaler number; and

(C) Item description, as applicable.

(ix) Any readily available information about mitigation actions undertaken or recommended.

(2) If a disclosure is required to be submitted to a contracting office, the offeror shall submit the disclosure as follows:

(i) If a Department of Defense contracting office, the offeror shall submit the disclosure to the website at https://dibnet.dod.mil.

(ii) For all other contracting offices, the Offeror shall submit the disclosure to the Contracting Officer.

(3) If the disclosure provided does not contain any of the information required by paragraph (1), and the Offeror later discovers new information that is required by paragraph (1), then the Offeror shall submit a subsequent disclosure within 72 hours of discovering the new information.

(h) Executive agency review of disclosures. The Contracting Officer will review disclosures provided in paragraph (g) to determine if any applicable waiver may be sought. The Contracting Officer may choose not to pursue a waiver and may instead make an award to an Offeror that does not require a waiver.

(End of provision) https://dibnet.dod.mil/

L.7 FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision.

(b) The use in this solicitation of any VA Regulations (VAAR) (48 CFR Chapter 8) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Provision)

L.8 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION (OCT 2018)

(a) Any protest filed by an interested party shall—

(1) Include the name, address, fax number, email and telephone number of the protester;

(2) Identify the solicitation and/or contract number;

(3) Include an original signed by the protester or the protester’s representative and at least one copy;

(4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents;

(5) Specifically request a ruling of the individual upon whom the protest is served;

(6) State the form of relief requested; and

(7) Provide all information establishing the timeliness of the protest.

(b) Failure to comply with the above may result in dismissal of the protest without further consideration.

(c) Bidders/offerors and Contracting Officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.

(End of Provision)

L.9 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.

PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:

Deputy Assistant Secretary for Acquisition and Logistics, Risk Management Team, Department of Veterans Affairs 810 Vermont Avenue, N.W.

Washington, DC 20420 Or for solicitations issued by the Office of Construction and Facilities Management:

Director, Office of Construction and Facilities Management 811 Vermont Avenue, N.W.

Washington, DC 20420

L.10 INSTRUCTIONS TO OFFERORS

L.10.1 Technical Questions and Inquiries

Questions of a technical nature and inquiries concerning this solicitation must be provided in writing using the RFI form provided as an attachment and shall be submitted by the prospective offerors to Daniel Kinney via email at Daniel.kinney@va.gov. The subject line must read: Solicitation: 36C78626R0008 – Alabama NC Questions. Telephone inquiries will not be accepted. Questions, inquiries, or such are due no later than February 25, 2026, at 14:00 EST.

No late questions will be accepted or answered after this deadline. All questions will be answered and/or responded to via an amendment after the closing date.

L.10.2 Proposal Submission Instructions

Offerors shall submit Volume I (Technical) and II (Price) in electronic format to Daniel.kinney@va.gov. No hard copies or fax submissions of the proposal’s information will be accepted.

Volumes I and II will be evaluated independently. The offeror shall not include price information in Volume I. Offerors shall submit Volumes I and II in two separate PDF documents. Both Volumes I and II must include Offeror’s company name, Unique Entity Identifier (UEI) from sam.gov, business address, and the solicitation number.

L10.2.1 Volume 1 -Technical Content

Volume 1 shall contain the following:

• Title Page containing Offeror’s company name, Unique Entity Identifier (UEI), business address, and solicitation number – MAXIMUM of 1 PAGE mailto:Daniel.kinney@va.gov

• Evaluation Factor 1 – Prime Contractor Experience: Using the Project Sample Template attached to this solicitation; submit a maximum of four recent and relevant projects your company has performed on as the prime contractor or joint venture (JV).

Experience gained solely as a subcontractor or as key personnel will not be considered for evaluation. The Government’s requirement for prime-level experience is based on the critical need for the contractor to manage complex task integration, provide direct oversight of diverse technical teams, and ensure accountability for overall project success – responsibilities not typically held by a subcontractor. For an Offeror that is a Joint Venture (JV), the experience of each individual member of the JV will be considered to assess the overall capability of the JV to successfully perform the contract.

A procuring activity must consider work done and qualifications held individually by each partner to the JV as well as any work done by the JV itself previously. Recent and relevant are defined in Section M under Evaluation Factor 1. This information will be used to evaluate the offeror in accordance with Evaluation Factor 1 criteria as described in Section M. MAXIMUM OF 8 PAGES ALLOWED FOR FACTOR 1. ANY PAGE’S

PAST PAGE 8 WILL NOT BE EVALUATED UNDER EXPERIENCE. THE PROJECT

SAMPLE TEMPLATE MUST BE USE.

• Evaluation Factor 2 – Past Performance: Offerors are required to submit past performance information for all projects referenced under Evaluation Factor 1. This includes CPARS assessment reports or, in the absence of CPARS, the attached Past Performance Questionnaires (PPQs). You have two options for submitting PPQs:

o With Proposal Submission: You may submit completed PPQs along with your proposal documentation.

o Confidential Submission: If confidentiality is a concern, your references can send the completed PPQs directly to the Contracting Officer. These must be received by the time and date specified for proposal submission.

Please note that all PPQs must be completed when submitted. The adjectival rating guide page included with the PPQ does not need to be returned with the completed questionnaire.

• Evaluation Factor 3 – Technical: Submit a narrative outlining your company’s technical approach for successfully performing the construction services requested under this solicitation (4 pages maximum at size 10 font min.). Submit a project schedule line item summary that includes duration and milestone dates for each project scope element of this construction project as listed in the statement of work (2 letter size pages maximum). Submit qualifications for prime contractor management staff that will be assigned to this project (4 pages maximum at size 10 font min.). This information will be used to evaluate the offeror in accordance with Evaluation Factor 3 criteria as described in Section M. MAXIMUM OF 10 PAGES ALLOWED FOR FACTOR 3. ANY

PAGES PAST PAGE 10 WILL NOT BE EVALUATED UNDER TECHNICAL

APPROACH.

Volume I shall be submitted in one PDF that is no more than 40 pages in length and less than 8MB in size.

L.10.2.2 Volume 2 – Price Content

Volume 2 shall contain the following:

• Title Page containing Offeror’s company name, Unique Entity Identifier (UEI), business address, and solicitation number.

• Completed and signed Standard Form (SF) 1442

• Acknowledgment of all amendments by either completing block 19 of the SF 1442, or returning the signed amendment(s) with the proposal submission.

• Completed Price schedule (located on page 6 of the solicitation).

• Completed Price Proposal Breakdown using the attachment provided in Section J of this solicitation. This will be used for price realism and price analysis evaluation in accordance with Evaluation Factor 4 described in Section M.

• Bid Guarantee (see FAR 52.228-1)

• Limitations on Subcontracting: The offeror shall complete and sign the VA Notice of

Limitations on Subcontracting – Certificate of Compliance for Services and Construction required by VAAR 852.219-75. The completed and signed form will become part of the official award documentation.

• Response to FAR Provision 52.209-7(b)

• Response to FAR Provision 52.209-12(b)(1), (2), and (3)

• Response to FAR Provision 52.209-13(b)

• Response to FAR Provision 52.229-11(d)

Volume II shall be submitted in one PDF that is less than 8 MB in size

36C78626R0008 Section M

SECTION M - EVALUATION FACTORS FOR AWARD

This solicitation will use the Trade-off process in accordance with FAR Subpart 15.103-1 to obtain the best value.

This process permits tradeoffs among cost or price and non-cost factors and allows the Government to accept other than the lowest priced proposal. The perceived benefits of the higher priced proposal shall merit the additional cost.

All evaluation factors and significant subfactors other than cost or price are listed in descending order of importance.

All evaluation factors other than cost or price, when combined, are significantly more important than cost or price.

Evaluation factors are listed below:

• Evaluation Factor 1 – Prime Contractor Experience (Including Joint Ventures): This factor considers the extent of the Offeror’s experience as a prime contractor on recent and relevant construction projects.

Projects performed by the Offeror as a subcontractor will be excluded from the evaluation. Recent and relevant are defined below:

Recent – Prime contractor on projects that are in progress (at least 50% complete) or completed within 10 years of the proposal due date.

Relevant –Projects that are comparable in nature to the solicitation project in complexity, scope, and magnitude. Similar in complexity is defined as construction projects that involve a variety of different trades. Similar in scope is defined as projects having some or all of the same work products as required for this project such as, but not limited to: Interior renovation, information technology upgrades, milling and paving, site work including extensive excavation and grading, site utilities, storm water infrastructure, pre-cast bridge construction, roads, concrete paving/flatwork, pre-placed crypts, in ground cremains, columbarium, and site irrigation. Similar in magnitude is defined as construction projects totaling $9,000,000 or greater.

Offerors recent and relevant experience will be assessed on the basis of its breadth and depth, schedule control, and cost control. Experience with VA National Cemetery gravesite expansion projects including pre-placed crypts and columbarium; and site improvement projects that include re-grading, roadways, bridges, and large-scale irrigation systems may result in higher evaluation ratings.

For Offerors that are Joint Ventures (JV), the Government will consider the experience of both the JV entity and individual JV partners, consistent with 13 C.F.R. §§ 125.8, 125.11, and 128.402. The experience of each JV partner and the JV entity itself will be evaluated to assess overall capability. Offerors must clearly identify the work performed by each JV partner and the specific roles they played. Offerors must ensure compliance with the following for JV agreements:

• The SDVOSB/VOSB must serve as the managing venturer.

• The JV agreement must specify the "Responsible Manager" responsible for day-to-day performance.

• The SDVOSB/VOSB partner must own at least 51% of the JV and receive profits commensurate with their work share.

• There must be a minimum of 40% performance by the SDVOSB/VOSB partner in accordance with 13 C.F.R. §§ 125.6 and 125.8.

• Offerors must submit a certification of compliance with JV standards at the time of offer submission and prior to award.

• Evaluation Factor 2 – Past Performance: Past performance will be evaluated to assess the offeror’s probability of meeting the solicitation requirements. It considers each Offeror’s demonstrated recent and relevant record of performance in supplying services that met the contract requirements. One performance confidence assessment rating is assigned for each offeror after evaluating the offeror’s recent past performance, focusing on performance that is relevant to the contract requirements. There are two aspects to the past performance evaluation:

a. Relevancy of contractual work performed; and

36C78626R0008 Section M

b. How well the contractual work was performed.

The first is to evaluate the offeror’s past performance to determine how relevant a recent effort accomplished by the offeror is to the effort to be acquired through this solicitation. The definitions of 'recent' and 'relevant' used in Evaluation Factor 1 will also apply to Evaluation Factor 2.

The second aspect of the past performance evaluation is to determine how well the contractor performed on the contracts. Sources of Past Performance Information for Evaluation are as follows:

a. Past performance information can be obtained from any source available to the Government, to include, but not limited to, the Contractor Performance Assessment Reporting System (CPARS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases; interviews with Program Managers, Contracting Officers, and Fee Determining Officials; and as appropriate, the Defense Contract Management Agency (DCMA) Acquisition Information Repository, accessible through the Defense Technical Information Center website.

b. Past performance information may be provided by the offeror, as solicited.

c. Past performance information may be obtained from questionnaires tailored to the circumstances of the acquisition.

The Past Performance Evaluation Team will review this past performance information and determine the quality and usefulness as it applies to performance confidence assessment. In the case of an offeror without a record of recent/relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror will not be evaluated favorably or unfavorably on past performance. When evaluating the past performance of a Joint venture (JV), if the JV does not demonstrate past performance, the past performance of each party to the JV must be considered.

• Evaluation Factor 3 – Technical: This factor will be used to assess an offeror’s technical solution for completing this project. Offerors will be evaluated by rating the offeror’s technical solution and the risk associated with it. Items considered in this evaluation will be, but are not limited to period of performance, project phasing, long lead procurement items identified, critical path identified, management/key personnel and their qualifications, submittal and RFI process management, quality control approach, communication/information management, subcontractor selection processes, and subcontractor management.

• Evaluation Factor 4 – Price: The Government will evaluate the Offeror’s total evaluated price (base and all options) for price realism and price reasonableness. Price realism analysis will assess whether a proposed price is so low as to indicate a lack of understanding of the requirements or an unacceptable risk of performance. If the Government determines that an offeror’s price is unrealistically low, the proposal may be assessed as an unfavorable price-related risk rating or may be considered unacceptable and ineligible for award. Price reasonableness analysis will assess whether the total evaluated price is unreasonably high by conducting a price analysis using techniques described in FAR Part 15. A reasonable price is one that a prudent person would pay in a competitive business environment. An offeror’s price proposal must be found both realistic and reasonable to be eligible for award.

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SECTION M - EVALUATION FACTORS FOR AWARD