36E77619R0011-000.docx

36E77619R0011

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 t ime. 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 accepta nce after the date offers are due will not be considered and will be rejected.

36E77619R0011 X 01-28-2019 695-404

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 216-447-8300x49521 In accordance with 38 U.S.C. § 8127 (Public Law 109-461), this project is a competitive Service-Disabled Veteran-Owned Small Business (SDVOSB) Set-Aside.

The contractor shall completely prepare site for building operations including demolition and removal of existing structures, and furnish labor and materials and perform work for VA Milwa ukee Clement J. Zablocki VA Medical Center – Construct New Radiation Oncology Suite Minor project as required by drawings and specifications.

The project is located at the:

Milwaukee VA Medical Center 5000 W National Ave Milwaukee, WI 53295

VAAR Magnitude of Construction: $5,000,000 and $10,000,000.

X X 52.211-10 X 10 (Ten)

0 (ZERO)

2:00 PM ET

03-08-2019 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 O

F 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, ITEM I, Base Bid: Work includes general construction, alterations, roads, walks, grading, drainage, water main relocation, mechanical and electrical work, utility systems, construction of new addition with linear accelerator vaults, renovation of existing internal space, necessary removal of existing structures and construction and certain other items.

B. Routine Inspections and Maintenance During Construction

1. Provide routine inspections and maintenance services as prescribed in Operations & Maintenance manuals required under this contract.

2. Provide services during construction and until items below are completed:

a. VA Inspection complete

b. Training of VA Maintenance staff

c. Acceptance by VA of each system described in other specifications related to this contract.

d. O&M Manual submittals received, and approved by VA.

3. Systems included in this contract are:

a. Linear Accelerator Vaults with Shielded Doors

b. Plumbing/Fire Protection

c. HVAC

d. Electrical

e. Security System C. Submit with O&M manuals (if phased work, submit at substantial completion of work phases and update upon completion of final work phase) one spreadsheet based comprehensive summary schedule of routine inspection and maintenance for systems. List: specification section, article, and paragraph; description of systems/subsystems; O&M Manual reference; frequency.

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, Item I Base Bid 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, and additional funds have not been received, the VA will no longer consider the Offeror to be eligible for award.

4. Note that all Deducts have been removed from the project and will not be applied. Disregard all references to Deducts in the Specifications and Drawings.

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. Understanding of Project Requirements (Non-Price)

2. 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 TECHNICAL QUESTIONS:

Questions of a technical nature must be provided in writing and shall be submitted by the prospective offerors to Jason Schultz. Questions shall be submitted only via e-mail to: Jason.Schultz@va.gov. The subject line must read: Construct New Radiation Oncology Suite Milwaukee VAMC – Technical Questions. Phone calls will not be accepted. THE CUT-OFF DATE AND TIME FOR RECEIPT OF QUESTIONS IS FEBRUARY 15, 2019 @ 3:00 PM (ET).

2.5 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.

2.6 PREPARATION OF PROPOSALS:

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

2.7 PROPOSAL REQUIREMENTS:

A. General:

a. Proposals shall be based on solicitation document issued for RFP number 36E77619R0011. 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 TWENTY (20) pages in Microsoft Arial size 12 font. This page limit includes the Past Performance Questionnaires that are submitted directly to the Contracting Officer. Volume II Price Proposal shall not exceed a total of TWENTY (10) 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 11 inch sheet of paper containing information. All information (except for document numbers, page numbers, etc.) shall be provided in an image area of 7 X 9 inches. 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 10. 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 10 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(C) 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, Understanding of Project Requirements (Non-Price):

The construction of the two linear accelerator vaults are the most important aspect of this project. Due to constraints of the site, a traditional cast-in-place concrete vault cannot be used. The design is based on a radiation shielding block system. This block system allows for thinner walls with equal or greater radiation blocking. Additionally, this system accelerates the construction process by shortening the duration of construction of the vaults. Most important is the quality control that is inherent in using the block wall system. The manufactures of these systems warranty the shielding from any radiation leakage issues. This is vital to allow the machines to be operational on day one to allow our patients to receive the care they require. The linear accelerator Vault systems should include confirmation that the enclosure will meet the design and safety criteria and concepts for maintaining radiation levels as low as reasonably achievable.

Please demonstrate how you have constructed/coordinated the installation of a linear accelerator vault/high radiation shielding project. Or, if you have not done this task, explain how would you accomplish this vital task. Simply restating the requirements (copying and pasting from the solicitation) is not considered to be a demonstration of complete understanding. Rather, Offerors must show that they have analyzed the requirements and demonstrate the extent to which they understand the requirements for the linear accelerated vaults and for the project as a whole.

Volume I, Factor 2, Past Performance (Non-Price):

Each proposal shall provide current and relevant information regarding an Offeror’s actions under previously awarded contracts. This shall include a minimum of one (1) and a maximum of three (3) construction projects for the Offeror that best demonstrate their past performance on relevant projects in size, scope and complexity to the RFP. For purposes of this evaluation, a relevant project is further defined as “a new construction of a multi-floor building in an active campus or related environment, similar in size and scope to this project.” Projects shall have a minimum value of $3,000,000.00 and be 100% completed. Projects sub-mitted for the Offeror shall be completed within the past five years of the date of issuance of this RFP.

If a completed past performance evaluation is available in PPIRS, it shall be submitted with the proposal for each project identified. If there is not a completed past performance evaluation available in PPIRS, then the Offeror shall submit Past Performance Questionnaires (PPQ)(reference ATTACHMENT 9) for each project. The Offeror shall notify their client that they PPQ shall be submitted via email to the Government’s point of contact jason.schultz@va.gov. If the Offeror is unable to obtain a completed PPQ from a client for a project(s) before 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). The Government may make reasonable attempts to contact the client noted for that project(s) to obtain the PPQ information. However, Offerors should follow-up with clients/references to help ensure timely submittal of questionnaires. The Government reserves the right to contact references for verification or additional information.

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 solicitation.

b. In addition to the pricing schedule, Offerors shall submit a complete breakdown of the Division Pricing for CLIN 0001. The breakdown shall be in the same order as the Divisions that are listed in the specifications.

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, Understanding of Project Requirements (Non-Price):

Will be evaluated based on the Offeror’s understanding of the linear accelerator vaults, and the project as a whole.

2. Factor 2, Past Performance (Non-Price):

Will be evaluated on the relevant and recent experience of the projects sub-mitted and on the quality of the Offeror’s past performance within the last five (5) years with respect to the construction projects submitted. 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 in-formation 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.

3. 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. The VA reserves the right to award to a higher priced offeror in accordance with the stated evaluation criteria. The VA also reserves the right to award to a lower priced, lower rated offeror if it’s in the interest of the VA.

2.8 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.

2.9 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.

2.10 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.

2.11 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. Offerors are required to be registered in SAM at the time an offer is submitted in order to comply with the annual representations and certifications requirements. The Offeror shall also be registered at time of award.

2.12 REVIEW REQUIRED REGISTRATION WITH CONTRACTOR

PERFORMANCE ASSESSMENT SYSTEM (CPARS):

As prescribed in Federal Acquisition Regulation (FAR) Part 42.1502(e), the Department of Veterans Affairs (VA) evaluates contractor past performance on all construction contracts that exceed $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.

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.

For contracts with a period of one year or less, the contracting officer will perform a single evaluation when the contract is complete. For contracts exceeding one year, the contracting officer will evaluate the contractor’s performance annually. Interim reports will be filed each year until the last year of the contract, when the final report will be completed. The report shall be assigned in CPARS to the contractor’s designated representative for comment. The contractor representative will have thirty days to submit any comments and re-assign the report to the VA contracting officer.

Failure to have a current registration in the CPARS database, or to re-assign the report to the VA contracting officer within those thirty days, will result in the Government’s evaluation being placed on file in the database with a statement that the contractor failed to respond.

2.13 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.

The awarded contractor shall be subject to a Special Agreement Check (SAC), complete a Non-Disclosure Agreement and take the VA Privacy Training, as well as ensure that their computers meet Federal Information Security Management Act (FIMSA) encryption requirements and VA password protections. Refer to ATTACHMENT 8 - Contractor Rules of Behavior.

2.14 REFERENCES TO VA ENGINEER, RESIDENT ENGINEER OR PROJECT MANAGER:

Any reference contained within the solicitation/contract specifications and/or drawings to the “VA Engineer,” “Resident Engineer,” or “Project Manager” or their abbreviations shall be replaced with “Contracting Officer’s Representative (COR).”

2.15 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 Milwaukee, Wisconsin

(End of Provision)

2.18 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014) ALTERNATE II (JUN 2009)

(a) Definitions. "Bahrainian, Mexican, or Omani construction material," "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 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, except foreign construction material from a designated country other than Bahrain, Mexico, or Oman 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 other than Bahrainian, Mexican, or Omani 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 other than Bahrainian, Mexican, or Omani 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 TBD percent of the bid price or TBD, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of Provision)

2.20 52.233-2 SERVICE OF PROTEST (SEP 2006)

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

Donald A. Marsh III Contracting Officer Hand-Carried Address:

Donald A.Marsh III Department of Veterans Affairs Program Contracting Activity Central 6150 Oak Tree Blvd, Suite 300 Independence OH 44131 Mailing Address:

Donald A.Marsh III Department of Veterans Affairs Program Contracting Activity Central 6150 Oak Tree Blvd, Suite 300 Independence OH 44131

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

(End of Provision)

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

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

(b) An organized site visit has been scheduled for— Wednesday February 6th, 2019 @ 9:30 AM CT

(c) Participants will meet at— Milwaukee VAMC - Building 11, Inside the South Entrance (End of Provision)

2.22 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):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Provision)

2.23 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (SEP 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…