36E77619R0042-001.docx

36E77619R0042

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.

36E77619R0042 X 06-19- 640A4-19-020

PCAC

award.

Department of Veterans Affairs Program Contracting Activity Central 6150 Oak Tree Blvd, Suite 300 Independence OH 44131 Department of Veterans Affairs Program Contracting Activity Central 6150 Oak Tree Blvd, Suite 300 Independence OH 44131 Kaylan Grove 216-447-8300

IN ACCORDANCE WITH 38 U.S.C 8127 (PUBLIC LAW 109-461), THIS PROJECT IS A COMPETITIVE SERVICE-DISABLED VETERAN-OWNED

SMALL-BUSINESS SET-ASIDE.

THIS PROJECT WILL BE PROCURED UTILIZING THE TWO-PHASE DESIGN-BUILD PROCESS IN ACCORDANCE WITH FAR PART 36.

THE CONTRACTOR IS TO PROVIDE DESIGN AND CONSTRUCTION SERVICES FOR THE CORRECTION OF THE CAMPUS WATER SYSTEM AT THE SACRAMENTO VA MEDICAL CENTER (VAMC). THE LOCATION OF THE PROJECT IS: 10535 Hospital Way, Mather, CA 95655

THIS PROJECT MUST BE COMPLETED IN ACCORDANCE WITH THE SOLICITATION, INCLUDING THE STATEMENT OF WORK, SPECIFICATIONS, AND SUPPORTING ATTACHMENTS

NAICS CODE: 237110

MAGNITUTDE OF CONSTRUCTION: GREATER THAN $10,000,000.00

52.211-10 X

0 (ZERO)

11 AM EST

07-17-2019 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 *PLEASE NOTE: Pricing will only be required for Phase II of the Design-Build process. NO Pricing is to be submitted as part of Phase I.

The contractor shall complete the entire project not later than 575 calendar days after the contractor receives the NOTICE TO PROCEED.

Lump Sum Amount, CLIN 0001: $__________________________________

TOTAL (CLINs 0001 and 0002): $__________________________________

NOTICE

1. The Offeror must submit a proposal based on a 575 Calendar day Schedule. This duration includes, but is not limited to design services, construction, clean-up, acceptance, and submitting final project record drawings.

2. 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.

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

4. During Phase Two of the Two-Phase Design Build Process, the Contractor is required to fill in their pricing on the above pricing schedule and in Block No. 17 of the SF 1442. Pricing is not to be submitted in Phase One.

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.

Page 1 of Page 1 of

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

1.1 PROPOSAL MATERIAL:

Proposal materials consisting of the statement of work, specifications, other attachments, and contract forms are included and/or attached as part of this Request For Proposal. The VA will not provide printed copies of the specifications or solicitation documents. 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

1.4 AVAILABILITY OF SOLICITATION DOCUMENTS:

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

1.5 BASIS OF AWARD:

In accordance with FAR Part 15, the Government intends to award a contract resulting from the solicitation to the responsible offeror whose proposal represents the best value. A responsibility determination will be made in accordance with FAR 9.1, Responsible Prospective Contractors.

All Phase I and Phase II proposals shall be subject to evaluation by a team of Government personnel. In Phase I of the two-phase design-build process, offerors will submit a proposal in accordance with the four (4) evaluation factors provided below. Upon receipt of the Phase I proposals, the VA team will evaluate and determine the most highly qualified offerors. The Phase I proposals will only be evaluated on the four (4) evaluation factors listed below (Section 1.12 EVAULATION FACTORS). A maximum of four (4) Offerors will be selected to provide a proposal for Phase II. The Phase II proposals will consist of technical and price factors listed below. Both Phase II Technical evaluation factors, when combined, are approximately equal to price.

1.6 SDVOSB SET-ASIDE:

This procurement is 100% 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 Phase One proposal submission will result in the offeror’s proposal being deemed unacceptable and ineligible for award.

1.7 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, 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.

1.8 TECHNICAL QUESTIONS:

Questions of a technical nature must be provided in writing and shall be submitted by the prospective offerors to Kaylan Grove. Questions shall be submitted only via e-mail to Kaylan.grove@va.gov and andrea.fink@va.gov. The subject line must read: Sacrament Correct Campus Water System – Technical Questions. Oral questions of a technical nature are not acceptable. THE CUT-OFF DATE AND TIME FOR RECEIPT OF QUESTIONS IS July 3rd, 2019 at 3:00 PM (EST).

1.9 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.

1.10 PREPARATION OF PROPOSALS:

VHA Program Contracting Activity Central will not pay for any costs incurred in preparation and submission of proposals.

1.11 PROPOSAL REQUIREMENTS:

A. General:

i. Proposals shall be based on solicitation document issued for RFP number 36E77619R0042. Proposals will be in the format stipulated in this document.

ii. 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.

iii. Submit proposals via email to:

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

1. US Postal Service Deliveries:

Andrea Fink 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)) Andrea Fink 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.

v. Non-Price, Price and Administrative sections of the Offerors proposals will be evaluated independently; therefore, the Offeror shall submit the proposal in three (3) Volumes: Volume I Non-Price, Volume II Price and Volume III Administrative. 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, II and III. Each volume must be labeled with the Offeror's organization, business address, and VA Solicitation Number. The volumes shall be submitted in electronic format as searchable PDF documents. The proposal, in its entirety, shall not exceed three (3) emails (one email for each volume) of 5MB each. Include page numbers and the company name in the header or footer of each page.

vi. Volume I Non-Price: Offerors shall format the Volume I Technical proposal as listed below. The specific evaluation criteria and methodology for Volume I is contained in Sections D and F.

1. The offer, including title page, detailed table of contents, preface, for Volume I Technical shall not exceed a total of THIRTY-FIVE (35) pages in Microsoft Arial size 12 font. This page limit includes the Past Performance Questionnaires that are submitted directly to the Contracting Officer. Use graphic presentations where such use will contribute to the compactness and clarity of the proposal.

2. A page is defined as each face of an 8.5 X 11-inch sheet of paper containing information. Note, submission of the draft project schedule only, can be submitted by utilizing larger paper (11 X 17 inch). 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.

3. 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.

vii. Volume II Price: Offerors shall format the Volume II Price proposal as listed below. The specific evaluation criteria and methodology for Volume II is contained in Sections E and

1. Volume II Price shall not exceed a total of TEN (10) pages in Arial size 12 font.

viii. Volume III Administrative Information: Offerors shall include the following in Volume III. All of the below information must be provided. An Offeror may be considered unacceptable if these items are not provided in the proposal. *There is NO page limitation for Volume III.

a. Offerors shall ensure the Signed Standard Form (SF) 1442 is provided. The Offeror’s signature on the SF 1442 must be a hand signature and not an electronic signature.

b. Offerors shall acknowledge receiving amendments by filling out section 19 of the SF 1442 and returning a signed copy of the amendment(s) that are acknowledged in section 19 of the SF 1442.

c. Offeror shall provide their Representations and Certifications or their response to FAR 52.204-8 (2) (i) or (ii) Annual Representations and Certifications.

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

e. Offeror shall provide their response to FAR 52.209-13 (b) (1) or (2) Violation of Arms Controls Treaties or Agreements.

f. Offeror shall provide their response to FAR 52.219-28 (g) Post-Award Small Business Program Representations.

g. Offeror shall include the Safety or Environmental Violations and Experience Modification Rating Information, including filling out ATTACHMENT 4.

h. All Offerors shall submit information pertaining to their past Safety and Environmental record. The information must contain a certification that the Offeror has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or any EPA violation(s) in the past three years. If such certification cannot be made, an Offeror shall explain why and submit as much information as possible regarding the circumstances of its past safety and environmental record, including the number of EPA violations and/or the number of serious, repeat, and/or willful OSHA violations, along with a detailed description of those violations.

i. All Offerors shall submit information regarding their current Experience Modification Rate (EMR). This information shall be obtained from the Offeror’s insurance carrier and be furnished on the insurance carrier’s letterhead. If an Offeror’s EMR is above 1.0, Offeror must submit a written explanation of the EMR from its insurance carrier furnished on the insurance carrier’s letterhead, describing the reasons for the elevated EMR and the anticipated date the EMR may be reduced to 1.0 or below.

j. Self-insured contractors or other contractors that cannot provide their EMR rating on insurance letterhead must obtain a rating from the National Council on Compensation Insurance, Inc. (NCCI) by completing/submitting form ERM-6 and providing the rating on letterhead from NCCI. Note: Self-insured contractors or other contractors that cannot provide EMR rating on insurance letterhead from the states or territories of CA, DE, MI, NJ, ND, OH, PA, WA, WY, and PR shall obtain their EMR rating from their state-run worker’s compensation insurance rating bureau.

k. If the NCCI cannot issue an EMR because the Offeror lacks insurance history, Offeror shall submit a letter indicating so from its insurance carrier furnished on the insurance carrier’s letterhead and include a letter from the NCCI indicating that is has assigned Offeror a Unity Rating of 1.0.

l. The above information, along with other information obtained from Government systems, such as the OSHA and EPA online inspection history databases, will be used to make an initial Determination of Responsibility.

m. This requirement is applicable to all subcontracting tiers, and prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors. *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 the ATTACHMENT 4 containing the above information, may result in a determination that an Offeror is not responsible and therefore ineligible for award.

B. Final Proposal Revisions

i. If determined to be necessary, proposal revisions will be requested. 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 1.11 (A), above, except as noted below and will be due at a time and place to be determined.

ii. Offerors submitting proposal revisions will not be asked 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 1.11(B) only applies if discussions are conducted.

1.12 EVAULATION FACTORS:

A. Phase I Evaluation Factors: The Phase I proposal shall address the following evaluation factors as they relate to the scope of work for this project. The factors are not listed in order of priority as all four factors will be considered equally. A maximum of four (4) Offerors will proceed to Phase II.

1. Past Performance

2. Key Personnel Experience

3. Technical Approach

4. Capability to Perform

B. Phase II Evaluation Factors: The Phase II proposal shall address the following evaluation factors. Both technical factors, when combined, are approximately equal to price.

1. Technical Solution

2. Draft Project Schedule

3. Price

1.13 EVAULATION METHODOLOGY:

A. PHASE I:

The Phase I evaluations will be conducted in accordance with the Two-Phase Design-Build Evaluation process and the methodologies provided below.

1. Past Performance: Will be evaluated on recent and relevant experience as well as the quality rendered of the projects provided. If D-B experience is not applicable, the construction contractor and the A-E firm will be evaluated on relevant and recent projects to the applicable portion of the project, construction or design respectively. Past performance will be evaluated on the quality of the Offeror’s past performance with respect to the projects provided. When evaluating quality aspects that may be considered are 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 if 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 accordance with VA Information Letter (IL) 049-03-9, 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 representatives, Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the Offeror.

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

3. Technical Approach: Will be evaluated based on the Offeror’s proposed technical approach for this design-build project as defined in the solicitation submittal requirements. The assessment of the offeror’s method to manage the project shall be used as a means of evaluating the offeror’s ability to successfully meet the requirements of the solicitation.

4. Capability to Perform: Will be evaluated based on whether or not the Offeror has adequate total bonding capacity and available bonding capacity to accommodate the design and construction of the project.

B. PHASE II

The Phase II evaluations will be conducted in accordance with the Two-Phase Design-Build Evaluation process and the methodologies provided below. Both technical evaluation factors, when combined, are approximately equal to price.

1. Technical Solution: Will be evaluated and used as an aid to help determine that the Offeror understands the complexity and risks performing the required elements. The technical solution will be evaluated for inclusion of the technical areas listed in the criteria. The VA will evaluate Offeror’s specific detail in each of the technical areas regarding design and constructability of design. 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 Offeror shall present a phased solution with a facility and hospital approach for the work and demonstrate their ability to work on an active 24/7 healthcare center. The Offeror’s narrative shall include, at minimum, the following technical areas:

· Phasing

· Underground utility construction

· Domestic water management design

· Fire loop / hydrant design and construction

· Water tower design and construction

· Water pressure design and construction

· VA water storage / reservoir design and construction

· VA Legionella requirements as it pertains to; testing and reporting requirements, monitoring, VHA Directive 1061 design standards for protection against Healthcare-Associated (HCA) Legionella Disease (LD), design, and construction

· VA Design Guides and TIL design requirements

· VA Security Design Guide Manual

· Quality Control management and solutions

· Safety management

2. Draft Project Schedule: Will be evaluated and used as an aid to help determine that the offeror understands and can perform all the required elements of the project in the time frame specified with limited impact, to the greatest extent possible, to the Medical Center. (The draft schedule submitted with the offer should not be construed as the agreed upon schedule as per FAR 52.236-15, the contractor shall, within twenty-one (21) Calendar days after receiving the Notice to Proceed, submit an interim project schedule which will supersede the draft project schedule. The interim project schedule will be subject to VA approval and must show the project being accomplished within the time frame specified on the SF 1442.)

3. Price: Will be evaluated in accordance with the process identified in the Price Schedule. The total evaluated price will be determined by the Offeror’s price for all the CLINs listed. Note: The VA will look at the total evaluated price and non-price factors to determine the best value. “Best Value” means the expected outcome of an acquisition that, in the Government’s estimation, provides the greatest overall benefit in response to the requirements.

1.14 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.

1.15 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.

1.16 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.

1.17 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.

1.18 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.

1.19 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).”

1.20 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)

1.21 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)

1.22 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 Sacramento County, Sacramento, CA

(End of Provision)

1.23 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014)

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

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

(c) Evaluation of offers.

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

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

(End of Provision)

1.24 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 $3,000,000.00, 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)

1.25 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:

Andrea Fink

Hand-Carried Address:

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

Andrea Fink 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)

1.26 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— TBD - The site visit will take place in Phase II

(c) Participants will meet at— Sacramento VAMC (End of Provision)

1.27 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)

1.28 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.