36E77619R0031-001.docx

36E77619R0031

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.

36E77619R0031 X 04-25-2019

636A6-CSI-503

PCAC

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

OH

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

OH

44131 William Henkel 216-447-8300 x49630

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

The contractor shall provide all labor, equipment, materials and supervision necessary to perform all work required for the "Construct Warehouse" NRM Construction project, in accordance with the solicitation and the attached specifications, drawings and other documents.

The project is located at:

VA Central Iowa Healthcare System 3600 30th Street Des moines IA 50310

The VAAR Magnitude of Construction is between $2,000,000 and $5,000,000.

10 (Ten) x x 52.211-10 X 10 (Ten)

4:30 PM ET

05-27-2019 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 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

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

Table of Contents

Price Schedule

CLIN 0001, ITEM I, GENERAL CONSTRUCTION: Work includes general construction, alterations, roads, walks, grading, drainage, necessary removal of existing structures and construction and certain other items. The General Contractor shall include a lump sum allowance of $25,000 contingency for underground utility conflicts. The Contractor may draw against this allowance by submitting invoices from a licensed contractor. Unused funds from this allowance will be returned to the VA at project closeout via deductive modification.

CLIN 0001: $__________________________________

CLIN 0001A, ITEM I Optional CLIN: Lump sum allowance of $25,000 contingency for underground utility conflicts.

CLIN 0001A: $__25,000___________________________

CLIN 0002, ITEM II, ELECTRICAL WORK: Work includes all labor, material, equipment and supervision to perform the required electrical construction work on this project.

CLIN 0002: $__________________________________

CLIN 0003, ITEM III, MECHANICAL WORK: Work includes all labor, material, equipment and supervision to perform the required Mechanical construction work on this project.

CLIN 0003: $__________________________________

Total (All CLINs): $________________________

NOTICE

1. CLINs 0001, 0002, 0003 are base items. CLIN 0001A, is an optional item that will not be exercised at time of award.

2. Total (All CLINSs) is the sum of CLIN 0001, CLIN 0001A, CLIN 0002, and CLIN 0003.

3. Contractor is required to fill in DUNS NUMBER in Block No. 14 on Standard Form (SF) 1442.

4. The Offeror shall furnish all plant, labor, material, equipment, etc., necessary to perform all work in strict accordance with the terms and conditions set forth in the contract to include all attachments thereto.

5. PLEASE NOTE:The Contractor agrees to attend any Post Award conference convened by the contracting activity or contract administration in accordance with Federal Acquisition Regulation subpart 42.5.

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. Offerors shall refer to proposal requirements for selection procedures, criteria, instructions and other RFP related information.

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 William Henkel. Questions shall be submitted only via e-mail to: William.henkel@va.gov. The subject line must read: Construct Warehouse Des Moines Questions. Oral questions of a technical nature are not acceptable. THE CUT-OFF DATE AND TIME FOR RECEIPT OF QUESTIONS IS May 14th, 2019 at 4:30 PM (EASTERN TIME).

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:

PCAC 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 36E77619R0031. 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:

William Henkel 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)) William Henkel 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. Technical and Price sections of the Offerors proposals will be evaluated independently; therefore, the Offeror shall submit the proposal in two (2) Volumes (Volume I: Technical and Volume II: Price). In order that the Volume I Technical may be evaluated strictly on the merit of the material submitted, the contractor shall include NOT INCLUDE price information in Volume I. Both Technical 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 Technical 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 Technical shall not exceed a total of TWENTY (20) pages in Microsoft Arial size 12 font. Volume II Price Proposal shall not exceed a total of TEN (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 11inch 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 9. 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.

n. Failure to provide ATTACHMENT 9 containing the above information, may result in a determination that an Offeror is not responsible and therefore ineligible for award.

C. Volume I - Technical Proposal Requirements

a. The proposal shall address the following submission requirements for Factor 1 (Technical).

1. Volume I, Subfactor 1, Technical Approach:

The offeror shall provide a detailed technical approach narrative (a detailed thought process) to accomplish the construction of the warehouse. The narrative will detail how the contractor intends to prepare the site, construct the warehouse, and complete the project within the specified time limits. The offerors narratives shall include, at minimum, the following technical areas:

· Structural

· HVAC

· Electrical

· Commissioning of systems

· QC management and solutions

· Safety Management Offerors will be evaluated to determine that the Offeror understands the complexity and risks performing the required elements. The Offeror’s narrative should provide enough detail to demonstrate that the scope and complexity of the project requirements are understood and will be successfully completed. The offerors native should detail all technical areas set forth in the solicitation.

2. Volume I, Subfactor 2, Past Performance:

Each proposal shall provide current and relevant information regarding an Offeror’s actions under previously awarded contracts. This shall include 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 “construction of a building or structure similar in size and scope to this project”. Projects shall have a minimum value of $300,000.00 and be 100% completed. Projects submitted 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 referenced in Subfactor 2, Construction Experience. If there is not a completed past performance evaluation available in PPIRS, then the Offeror shall submit Past Performance Questionnaires (PPQ) for each project referenced in Subfactor 2, Construction Experience. The Offeror shall notify their client that they PPQ shall be submitted via email to the Government’s point of contact William.henkel@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.

3. Volume I, Subfactor 3, 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:

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.

*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.

4. Volume I, Subfactor 4, Key Personnel

The Offeror shall provide a resume for each of the following key personnel: Project Manager, Superintendent, and Lead Engineer. The Offeror shall also provide information on personnel structure and any subcontractors.

For each resume, include company name; name of individual; relevant listing of experience; qualifications such as specialized training, education, experience, etc. For any subcontractors identified, provide a resume for that company, identify any key personnel that will be assigned to the contract resulting from this solicitation, and the relevant experience of both the company and any key personnel that were identified.

Offerors will be evaluated on technical personnel and subcontractor capabilities and qualifications to provide the required planning, implantation, and completion of the project. This shall include, Project Manager’s qualifications and past projects, Site Superintendent’s qualifications and past projects, Lead Engineer’s qualifications and past projects, and relevant certifications. Subcontractor information and qualifications shall also be included if applicable.

A rating of acceptable is achieved by providing personnel and subcontractors with demonstrated experience on projects similar in size, scope and complexity or possessing the qualifications to perform on such projects.

NOTE: If awarded the contract resulting from this solicitation, any deviation from the personnel submitted for evaluation during contract performance must be approved by the Contracting Officer. Substitutions may be approved if a person or subcontractor possesses similar qualifications as the person or subcontractor submitted for evaluation.

D. 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 in the solicitation 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, CLIN 0001A, CLIN 0002, and CLIN 0003.

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.

E. 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 2.7(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 only applies if discussions are conducted.

F. Evaluation of Offers

a. Using the lowest price technically acceptable source selection process to obtain the best value, award will be made to the lowest evaluated priced proposal meeting or exceeding the acceptability standards for non-price factors.

1. Factor 1, Technical:

Offerors will be required to submit the information on: Subfactor 1 Technical Approach, Subfactor 2 Past Performance, Subfactor 3 Schedule, and Subfactor 4 Key Personnel. Information submitted will be reviewed to determine if the offeror’s technical rating is ACCEPTABLE or UNACCEPTABLE.

Acceptable is defined as the Offeror demonstrated the ability to meet all of the Government’s minimum requirements as identified in the solicitation. Unacceptable is defined as the Offeror failed to demonstrate the ability to meet all of the Government’s minimum requirements as identified in the solicitation.

Minimum requirements are defined as the Offeror has clearly analyzed requirements outlined in the project scope and demonstrated a clear understanding of the project and project challenges and the Offeror has also adequately demonstrated their construction experience to complete this project.

2. Factor 2, Price:

The total evaluated price will be determined as the sum the Offeror's price for CLIN 0001, CLIN 0001A, CLIN 0002, and CLIN 0003. The Offeror who provides the lowest price will be determined to be the lowest priced Offeror.

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

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 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.

2.14 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.

2.15 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

(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 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:

Megan Dohm Megan.dohm@va.gov Hand-Carried Address:

Megan Dohm Department of Veterans Affairs Program Contracting Activity Central 6150 Oak Tree Blvd, Suite 300 Independence OH 44131 Mailing Address:

Megan Dohm 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)

(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) Site visits may be arranged during normal duty hours by contacting:

Name: Megan Dohm Address: 6150 Oaktree Blvd Suit 300 Independance OH 44131 Contact Via email: Megan.dohm@va.gov

Telephone: not accepted

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 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) Prime contractors are encouraged to assist service-disabled veteran-owned and veteran-owned small business potential subcontractors in obtaining bonding, when required. Mentor firms are encouraged to assist protégé firms under VA's Mentor-Protégé Program in obtaining acceptable bid, payment, and performance bonds, when required, as a prime contractor under a solicitation or contract and in obtaining any required bonds under subcontracts.

(End of Clause)

2.24 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

(a) As an alternative to filing a protest with the Contracting Officer, an interested party may file a protest by mail or electronically with: Executive Director, Office of Acquisition and Logistics, Risk Management and Compliance Service (003A2C), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420 or Email: EDProtests@va.gov.

(b) The protest will not be considered if the interested party has a protest on the same or similar issue(s) pending with the Contracting Officer.

(End of Provision)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $36.5 Million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(…