36E77618R0053-001.docx

36E77618R0053

1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

Prescribed by GSA-FAR (48 CFR) 52.236-1(d)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SEALED BID (IFB)

NEGOTIATED (RFP)

11. The Contractor shall begin performance within ____________ calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See _____________________________).

YES

NO

a.

Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

b.

An offer guarantee is, is not required.

c.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d.

Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

1 - 5 36E77618R0053 X 04-04-2018 438-15-201

PCAC

Jason Schultz Department of Veterans Affairs Program Contracting Activity Central 6150 Oak Tree Blvd, Suite 300 Independence OH 44131 Jason Schultz Department of Veterans Affairs Program Contracting Activity Central 6150 Oak Tree Blvd, Suite 300 Independence OH 44131 Jason Schultz 216-447-8300x3598 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.

Contractor shall completely prepare site for the renovation of 5th floor surgery project but also includes some minor alterations on the 4th floor and the 6th floor mechanical penthouse. Work includes general construction, alterations, mechanical and electrical work, utility systems, sprinkler system work, interior demolition, asbestos abatement, and perform work for the "Renovate 5th Floor Surgery" construction project in accordance with the solicitation and attached drawings, specifications and other documents

The project is located at the:

Sioux Falls VA Health Care System 2501 W. 22nd St Sioux Falls, SD 57105

VAAR Magnitude of Construction: $2,000,000 to $5,000,000

X X 52.211-10 X

10 (TEN)

0 (ZERO)

2:00 PM ET

05-08-2018 X 90 Ninety

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

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

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

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

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

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

TO SIGN

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

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

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

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

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

(Contractor is not required to sign this document.)

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

SEE PRICE SCHEDULE

PCAC

Department of Veterans Affairs Program Contracting Activity Central 6150 Oak Tree Blvd, Suite 300 Independence OH 44131

VAFSC

Department of Veterans Affairs Financial Services Center Invoices to be Submitted Electronically www.ob10.com/us/en/veterans-affairs/ e-Invoice Setup Info Phone 877-489-6135 877-353-9791 512-460-5429 Donald A. Marsh III

PCAC16L3-1697

Table of Contents

PRICE SCHEDULE

CLIN 0001, GERNAL CONSTRUCTION:

The Renovate 5th Floor Surgery project involves working in Building 5, mainly on the 5th floor, but also includes some minor alterations on the 4th floor and the 6th floor mechanical penthouse. Work includes general construction, alterations, mechanical and electrical work, utility systems, sprinkler system work, interior demolition, asbestos abatement, and necessary work as described in the construction documents. All work including final cleanup and completion of any punch list items, shall be performed within 365 calendar days after date of receipt of Notice to Proceed.

CLIN 0001: $__________________________________

NOTICE

1. The Department of Veterans Affairs intends to award a single contract to the Offeror whose proposal is in conformance with this solicitation and is determined to be the best value in accordance with the evaluation criteria.

2. CLIN 0001 contains all of the work for the project.

3. If following the initial Non-Price and Price evaluations and/or receipt of Final Proposal Revisions resulting from discussion, an offeror’s total evaluated price still exceeds the VA's funding limitation, the VA will no longer consider the offeror to be eligible for award.

4. Please note that all references to Resident Engineer or RE in the Drawings and Specifications shall be replaced with Contracting Officer’s Representative or COR.

Page 1 of Page 1 of

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

1.1 PROPOSAL MATERIAL:

Proposal materials consisting of drawings, specifications, and contract forms are included and/or attached as part of this Request For Proposal. 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, SF 24, is required in an amount not less than 20 percent of the proposal price but shall not exceed $3,000,000. Failure to furnish the required bid (proposal) guarantee in the proper form and amount, by the time set for receipt of proposals, may result in the rejection of the proposal. Copies of the SF 24 may be obtained from http://www.gsa.gov/portal/forms/type/TOP.

1.3 PAYMENT & PERFORMANCE BONDS:

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

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 AVAILABILITY OF SOLICITATION DOCUMENTS:

All solicitation related documents will be published to http://www.fedbizopps.gov.

2.2 REQUEST FOR PROPOSAL:

This is a Request For Proposal (RFP) in accordance with FAR Part 15. 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 after evaluation in accordance with the factors in the solicitation. Responsibility determination will be made in accordance with FAR 9.1 “Responsible Prospective Contractors.”

All proposals shall be subject to evaluation by a team of Government personnel. The Government reserves the right to award without discussions based upon the initial evaluation of the proposals. The proposals will be evaluated in accordance with the content 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 Non-Price rated Offeror. All evaluation factors other than price, when combined are approximately equal to price. The evaluation factors are listed in descending order of importance.

Evaluations will be based on the following evaluation factors:

1. Construction Experience (Non-Price)

2. Project Execution (Non-Price)

3. Key Personnel Experience (Non-Price)

4. Past Performance (Non-Price)

2.3 SDVOSB SET-ASIDE:

This procurement is100% set-aside for Service-Disabled Veteran-Owned Small Business concerns. Offers received from other than Service-Disabled Veteran-Owned Small Business concerns will not be considered. All Service-Disabled Veteran-Owned Small Businesses must be listed as verified by the VA’s Center for Veterans Enterprises (CVE) (http://www.vetbiz.gov). Offerors must be verified by CVE and visible in the Vendor Information Portal (VIP) database at TIME OF SUBMISSION OF OFFERS. Failure to be BOTH visible and verified at the time of proposal submission will result in the offeror’s proposal being deemed unacceptable and ineligible for award.

2.4 JOINT VENTURES:

If submitting an offer as a joint venture as defined by P.L. 109-461 AND Department of Veterans Affairs I.L. 049-06-4, an offeror must provide a copy of the joint venture agreement specific to the project that is consistent with the requirements of the above Public Law and VA Information Letter. Additionally, the offeror must provide a breakdown or labor of which is to be performed by the SDVOSB firm and that which is performed by the small business joint venture firm and that which is sub-contracted. All Joint Ventures will be required to be registered and verified as an SDVOSB entity in VETBIZ.

2.5 TECHNICAL QUESTIONS:

Questions of a technical nature must be provided in writing and shall be submitted by the prospective offerors to Don Marsh. Questions shall be submitted only via e-mail to: Jason.schultz@va.gov. The subject line must read: VISN 23 Renovate 5th Floor Surgery Technical Questions. Oral questions of a technical nature are not acceptable. THE CUT-OFF DATE AND TIME FOR RECEIPT OF QUESTIONS IS April 27, 2018 at 2:00 PM (ET).

2.6 AMENDMENTS:

Amendments to this solicitation will be posted at http://www.fedbizopps.gov. Paper copies of the amendments will NOT be individually mailed. No other notification of amendments will be provided. Potential Offerors are advised that they are responsible for obtaining and acknowledging any amendments to the solicitation. Failure to acknowledge an amendment may result in your proposal being considered unacceptable.

2.7 PREPARATION OF PROPOSALS:

PCAC will not pay for any costs incurred in preparation and submission of proposals.

2.8 PROPOSAL REQUIREMENTS:

A. General:

a. Proposals shall be based on solicitation document issued for RFP number 36E77618R0053. Proposals will be in the format stipulated in this document.

b. 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.

c. Submit proposals via email to:

d. Submit the original of the Bid Guarantee by mail to:

1. US Postal Service Deliveries:

Jason Schultz Veterans Health Administration Program Contracting Activity Central (VHA-PCAC) 6150 Oaktree Blvd., Suite 300 Independence, OH 44131

2. Commercial Delivery Services / Hand Carry (Monday- Friday, 8:00 AM to 4:30 PM (EDT)) Jason Schultz Veterans Health Administration Program Contracting Activity Central (VHA-PCAC) 6150 Oaktree Blvd., Suite 300 Independence, OH 44131

3. Failure to furnish the required bid guarantee in the proper form and amount, by the time specified in Block 13 of SF 1442, may result in rejection of the proposal. SEE FAR Provision 52.228-1, Bid Guarantee, of this Solicitation.

B. Proposal Format:

a. Non-Price and Price sections of the Offerors proposals will be evaluated independently; therefore, the Offeror shall submit the proposal in two (2) Volumes (Volume I: Non-Price and Volume II: Price). In order that the Volume I Non-Price may be evaluated strictly on the merit of the material submitted, the contractor shall include NO price information in Volume I. Offeror shall separate Volumes I and II. Both Non-Price and Price volumes, therefore, must be labeled with the Offeror's organization, business address, and VA Solicitation Number.

b. The Offeror shall submit Volumes I and II in electronic format as searchable PDF documents. The proposal, in its entirety, shall not exceed two emails (one email for Price proposal, and one email for Non-Price proposal) of 5MB each. Include page numbers and the company name in the header or footer of each page.

c. The offer, including title page, detailed table of contents, preface, for Volume I Non-Price shall not exceed a total of THIRTY-FIVE (35) pages in Microsoft Arial size 12 font. This page limit does not apply for any of the Past Performance Questionnaires that are submitted directly to the Contracting Officer. Volume II Price Proposal shall not exceed a total of TWENTY (20) pages in Arial size 12 font. The SF 1442, Representations and Certifications and acknowledged amendments shall all be part of Volume II and will not count against the page limitations. Use graphic presentations where such use will contribute to the compactness and clarity of the proposal.

d. A page is defined as each face of an 8.5 X 11inch sheet of paper containing information. Note, submission of the draft project schedule only, can be submitted by utilizing larger paper. All information (except for document numbers, page numbers, etc.) shall be provided in an image area of 7 X 9 inches. Note, this does not apply for the submission of the draft project schedule. The background color of each page of the submission shall be white or ivory stock only. Excess pages will not be evaluated. Text lines will be single-spaced. 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 Arial are permissible in the presentation of graphic material only.

e. The Offeror’s responses shall clearly address each evaluation factor listed in this solicitation. Failure to submit in the format required and clearly address those factors may result in this offer being rated unacceptable.

f. Offeror shall include all required Representations and Certifications; and acknowledge receiving amendments by filling out section 19 of the SF 1442 and returning a signed copy of the amendment(s) with the offer. The Representations and Certifications and acknowledged Amendments shall be included in Volume II of the proposal and will not count as part of the page limitations.

g. Offeror shall include the Safety or Environmental Violations and Experience Modification Rating Information as part of Volume II, including filling out ATTACHMENT 6. It will not be evaluated as Price, nor will it count against the page limitations.

*If the EMR rating for the subcontracting tiers cannot be provided at time of proposal submission, the prime contractor shall acknowledge this and provide as a submittal with the insurance and bonding requirements.

7. Failure to provide the ATTACHMENT 6 containing the above information, may result in a determination that an Offeror is not responsible and therefore ineligible for award.

C. Final Proposal Revisions

a. If determined to be necessary, proposal revisions will be requested from the proposals received. The CO will identify those Offerors, whose proposals are within the competitive range, considering the selection criteria identified in this section. Discussions may be conducted with those Offerors falling within the competitive range, after which proposal revisions will be requested. Sealed proposal revisions will be submitted as per Section 2.8(A) above, except as noted below and will be due at a time and place to be determined.

b. Offerors submitting proposal revisions will not be requested to re-submit any documents which are unchanged from their initial proposals. They should provide necessary changes to individual paragraphs, as briefly as possible, together with a table of contents, which clarifies where within the initial proposal the additional information or changed documents would be placed. Proposal revisions shall include a completed SF 1442 that acknowledges receiving all amendments, by number. A new bid bond shall be submitted only if the final proposal revisions Offeror’s price proposal is greater than its initial price proposal.

*Note this section 2.8(A), only applies if discussions are conducted.

D. Non-Price Proposal Requirements (Volume I)

a. The proposal shall address the following Non-Price evaluation factors. Evaluations will be conducted in accordance with criteria in section 2.8(F) of the solicitation.

1. Volume I, Factor 1, Construction Experience (Non-Price):

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

· Provide the project owner name and telephone number of the owner’s contact person.

· Provide a description of the scope of work, to include the work performed by the prime contractor.

· Provide project statistics including start and completion dates (original vs actual) and project cost (original vs actual. If original vs actual completion dates and project cost differ, please explanation as to why they differ.

If the Offeror is a Joint Venture (JV), relevant project experience should be submitted for projects completed by the Joint Venture entity. If the Joint Venture does not have shared experience, projects shall be submitted for each Joint Venture partner. Offerors who fail to submit experience for all Joint Venture partners may be rated lower.

2. Volume I, Factor 2, Project Execution (Non-Price):

Provide a Draft Project Schedule:

Prepare and submit a practicable construction schedule showing all necessary work elements to complete the project identified under this solicitation. The schedule must be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the performance period. The submitted schedule must be developed using project scheduling software such as MS Project, Primavera, or any other comparable form.

Each Offeror's construction schedule must address the following:

· Order of work elements to include project phasing; Submittals, Mobilization, Demolition, Construction, Punch List, De-Mobilization.

· Number of days for each work element

· Identification of long lead time materials

· Identification of separate work elements

· The VA’s review and approval or RFI’s, Submittals and other pertinent documents.

· Interruption of VA Facilities utilities, delivery of Government furnished equipment, rough-in drawings, project phasing and any other specification requirements.

The proposed schedule must include the activities which are consistent with those described within the project specifications and drawings and must not exceed the Government's maximum allowable performance period, as noted in Block 11 of the SF 1442. The project will start at the issuance of the Notice to Proceed. For scheduling purposes, assume the Notice to Proceed will be issued thirty (30) calendar days after the award date. (Note that there is no guarantee the Notice to Proceed will be issued within this timeframe.)

*The schedule submitted with the offer should not be construed as the agreed upon schedule per FAR 52.236-15, the contractor shall, within five (5) days after receiving the Notice to Proceed, submit a revised schedule which will supersede the proposed schedule. The revised schedule will be subject to VA approval and must show the project being accomplished within the timeframe specified on the SF 1442.

Provide Narrative for Project Challenges:

Describe in a written narrative, the challenges identified for this project and a plan for addressing these challenges. This plan shall include how to minimize the disruption of patient care to the greatest extent possible.

3. Volume I, Factor 3, Key Personnel Experience (Non-Price):

The Offeror shall provide a resume for each of the following key personnel members, to include the Project Manager, On-Site Superintendent, designated Competent Person (as defined by OSHA)/Safety Point of Contact, and all of the identified or known manor subcontractors. (It is recognized that not all subcontractors may be identified by the time of proposal submission.) For each resume, include name of company, name of individual, relevant listing of experience, qualifications for each person such as specialized training, education, experience, etc. For the subcontractors identified, provide a resume of that company, identify any of the key personnel that will be working this project and the relevant experience of both the company and any key personnel that were identified. Please delineate the approximate % of work the prime contractor will perform on this job and the approximate % of work the subcontractors (collectively) will perform on this job.

4. Volume I, Factor 4, Past Performance (Non-Price):

E. Price Proposal Requirements (Volume II)

a. Carefully follow “Instructions, Conditions, and Notices to Offerors”. Standard form (SF) 1442 Solicitation, Offer and Award (Construction, Alteration, or Repair) and the pricing schedule located on PAGE 6 when submitting price offers. Submit a bid guarantee as stipulated in the Section “Instructions, Conditions, and Notices to Offerors”.

b. In addition to the pricing schedule, Offerors shall submit a complete Breakdown of the Division Pricing for CLIN 0001.

c. The prices shall be Firm Fixed Price. The Offeror shall take care not to include remarks that take exception to the Government’s Specifications/Drawings or pricing requirements or otherwise preclude the Government from evaluating the offer or render the offer as unacceptable.

d. If the Offeror communicates in its proposal any qualifications, exceptions, exclusions, or conditions to the proposed prices not provided for in the Offerors proposal documents, the Contracting Officer may reject the proposal and exclude the Offeror from further discussions.

F. Evaluation of Offers

a. The evaluation of Offerors will be conducted in accordance with section 2.8(F) of the solicitation.

1. Factor 1, Construction Experience (Non-Price):

Will be evaluated on relevant and recent experience of construction contracts and/or contracts of comparable size, complexity and scope.

2. Factor 2, Project Execution (Non-Price):

Will be evaluated relative to overall coordination of the construction phase, to include ability to identify all necessary work elements of the specific project, and the Offerors ability to schedule the activities in a logical sequence and within the time required in this solicitation. The VA will evaluate the Offeror’s plan for identifying and addressing the challenges to this construction project in accordance with the solicitation requirements and minimal impact to patient care.

3. Factor 3, Key Personnel Experience (Non-Price):

Will be evaluated on relevant management and technical personnel and subcontractor capabilities and qualifications to provide the required planning, implantation and completion of the project.

4. Factor 4, Past Performance (Non-Price):

Will be evaluated on the quality of the Offeror’s past performance within the last five (5) years with respect to the projects listed in Evaluation Factor 1, Construction Experience. This includes, the timeliness of contract completion, adherence to contract schedules and timely submission of data deliverables; the contractor’s ability to comply with the terms and conditions of the contract; the overall quality of the work performed on the contract; the Offeror’s managerial performance’ and whether or not the reference would enter into a contract with the contractor again. Contractors without relevant past performance or for whom past performance information is not available, will be rated neither favorably nor unfavorably on past performance. In the event that the prime contractor does not have relevant past performance, surveys submitted for key personnel will be evaluated. Past performance evaluations may also be conducted using information obtained from CPS or PPIRS 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.

5. Price:

The Government will evaluate offers in accordance with the process identified in the Price Schedule. The total evaluated price will be determined by the Offeror’s price for CLIN 0001, and the Deduct Alternates (in order of priority listed in the Pricing Schedule) providing the most features of work within the funds determined by the Government to be available. The VA reserves the right to award to a higher priced Offeror in accordance with the stated evaluation criteria. The VA reserves the right to apply Deduct Alternates to a higher rated Offeror even in an instance where there are one or multiple Offerors with lower pricing where the VA wouldn’t need to apply Deduct Alternates but they are lower rated. The VA also reserves the right to award to a lower priced, lower rated offeror if it’s in the interest of the VA.

2.9 USE OF ADVISORS:

Contractors are advised that VA contractor personnel may assist the Government during the Government’s evaluation of Proposals. The persons shall be authorized access to only those portions of the proposal and discussions that are necessary to enable them to provide specific technical advice on specialized matters or on particular problems. These individuals will be required to protect the confidentiality of any specifically identified trade secrets and/or privileged or confidential commercial or financial information obtained as a result of their participation in this evaluation. They shall be expressly prohibited from scoring, ranking or recommending the selection of an Offeror.

2.10 DETERMINATION OF RESPONSIBILITY:

A Determination of Responsibility will be conducted for the apparent “awardee” prior to award of the project. The required information from the proposal, 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. Failure to affirm being within the guidelines in the proposal may result in a determination of “Non-Responsible” for the Offeror. NOTE: Any information received by the Government that would cause for a negative Determination of Responsibility may make the Offeror ineligible for award.

2.11 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.

2.12 SYSTEM FOR AWARD MANAGEMENT (SAM):

Federal Acquisition Regulations require that federal contractors register in the System for Award Management (SAM) database at http://www.sam.gov and enter all mandatory information into the system. Award cannot be made until the contractor has registered. Offerors are encouraged to ensure that they are registered in SAM prior to submitting their proposal.

2.13 REVIEW REQUIRED REGISTRATION WITH CONTRACTOR

PERFORMANCE ASSESSMENT SYSTEM (CPARS):

a. 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 $700,000, and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that the contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement VA uses an online database, CPARS, which is maintained by the Naval Seal Logistics Center in Portsmouth, Virginia. CPARS has connectivity with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies. PPIRS is the system used to collect and retrieve performance assessment reports used in source selection determinations and completed CPARS report cards transferred to PPIRS. 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.

b. Each contractor whose contract award is estimated to exceed $700,000 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.

c. 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.

d. 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.

2.14 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 commensurate with the level of access needed to perform the statement of work is: Low Risk. 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.

2.15 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)

2.16 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of Provision)

2.17 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the—

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Minnehaha County - Siox Falls

(End of Provision)

2.18 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American—Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

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

(d) Alternate offers.

(1) When an offer includes foreign solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.19 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, 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…