36E77620R0023-060.docx

36E77620R0023

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.

36E77620R0023 X 03-18-2020 438-20-101 Y

PCAC

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

OH

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

OH

44131 Jason Schultz 216-447-8300-49521 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.

This project will be procured using the Two-Phase Design Build Procedure.

The contractor is to provide design and construction services to Repair Building 5 Deficiencies at the Sioux Falls VAMC.

The location of the project is:

Sioux Falls VAMC 2501 West 22nd Street Sioux Falls, South Dakota 57105

This project must be completed in accordance with the statement of work, specifications, and supporting attachments included in the solicitation package.

NAICS Code: 238160 ($15M) Magnitude of Construction: $2,000,000 to $5,000,000

X X 52.211-10 X 10 (ten)

2:00 PM ET

04-20-2020 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

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

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

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

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

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

TO SIGN

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

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

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

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

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

(Contractor is not required to sign this document.)

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

See Price Schedule

PCAC

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

OH

44131

VAFSC

Department of Veterans Affairs Financial Services Center Invoices to be Submitted Electronically www.ob10.com/us/en/veterans-affairs/ e-Invoice Setup Info Phone 877-489-6135

877-353-9791 512-460-5429 Donald A. Marsh III

PCAC15L3-1697

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 455 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 455 Calendar day Schedule. This duration includes, design services, construction, clean-up, acceptance, and submitting final project record drawings.

2. The Offeror shall furnish all 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 I. During submittal of pricing in phase II, please submit in whole dollar value and do not include pricing in cents.

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

2.1 AVAILABILITY OF SOLICITATION DOCUMENTS:

All solicitation related documents will be published to Contract Opportunities (formally known as FBO). https://beta.sam.gov/.

2.2 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 LISTED BELOW. Failure to be BOTH visible and verified at time of Phase I Proposal Submission, Phase II Proposal Submission and award will result in the offeror's proposal being deemed unacceptable and ineligible for award.

2.3 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: Repair Building 5 Deficiencies Sioux Falls D-B – Technical Questions. Oral questions of a technical nature are not acceptable. THE CUT-OFF DATE AND TIME FOR RECEIPT OF PHASE I QUESTIONS IS MARCH 10th, 2020 at 2:00 PM (ET).

2.4 AMENDMENTS:

Amendments to this solicitation will be posted at https://beta.sam.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 bid being considered non-responsive.

*The VA has discovered that the General Information contained on https://beta.sam.gov/, concerning proposal due date time, cites an erroneous time. It is the responsibility of prospective vendors to read the Amendment thoroughly concerning the proposal due date and time, which is dictated by the Amendment and not the General Information contained on the website.

2.5 PREPARATION OF PROPOSALS:

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

2.6 SELECTION PROCEDURES:

This solicitation is issued as a Request for Proposal (RFP) utilizing the two-phase design-build selection procedures in accordance with FAR 36.301. Phase II of the solicitation shall be prepared in accordance with FAR Part 15, with evaluation criteria developed in accordance with FAR 15.304. The Government intends to award a contract resulting from this solicitation to the responsible Offeror whose proposal represents the best value to the Government. It is the intent of the Government to award without discussions; however, the Government reserves the right to conduct discussions if necessary.

All Phase I and Phase II proposals shall be subject to evaluation by a team of Government personnel. The proposals will be evaluated in accordance with the content provided in the solicitation. In Phase I of the Two-Phase Design-Build process, Offerors will submit a proposal in accordance with the two (2) evaluation factors listed below. Upon receipt of Phase I proposals, the VA team will evaluate and determine the highest qualified Offerors based on their Phase I submissions. A maximum of four (4) Offerors will be selected to provide a proposal for Phase II. Offerors not selected to provide a Phase II proposal will be notified that they are no longer being considered for this project. Phase II proposals will be evaluated in accordance with FAR Part 15 and the two (2) Non-Price evaluation factors listed below for Phase II. In accordance with FAR part 15 the Government intends to award a contract resulting from this solicitation to the responsible Offeror on a lowest price technically acceptable (LPTA) basis after evaluation in accordance with the factors in the Two-Phase Design-Build solicitation. A responsible determination will be made in accordance with FAR 9.1, Responsible Prospective Contractors.

Evaluations will be based on the following evaluation factors:

Phase I

1. Technical Approach

2. Technical Qualifications

a. Key Personnel Experience

b. Capability to Perform

Phase II

1. Technical Solution (Non-Price)

2. Draft Project Schedule (Non-Price) *Price

2.7 PROPOSAL REQUIREMENTS (APPLIES FOR BOTH PHASES):

I. General

1. Proposals shall be based on solicitation document issued for the RFP number. Proposals shall be in the format stipulated in this document.

2. 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.

3. Proposal Submission:

a. Submit proposals via e-mail to: jason.schultz@va.gov.

b. Emails are limited to five (5) MB.

c. Only e-mail proposals will be accepted. Hard-copy proposals will not be accepted.

4. Submit the original copy of the Bid Bond (PHASE II ONLY) to:

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

b. Bid guarantees can be delivered by mail, commercial delivery services, or hand carried. Delivery hours are 7:00AM – 3:30PM (EST).

c. Failure to furnish the required bid guarantee on the proper form and for the proper amount, by the time specified in Block 13 of SF 1442, shall result in rejection of the proposal. See FAR Provision 52.228-1, Bid Guarantee, contained in the solicitation.

5. Page size for all proposal documents will be 8.5 x 11 inches, with 1-inch margins around the page perimeter. Pages will be single spaced. Each page shall count as one (1) page. Proposals shall be submitted using Times New Roman, with font no smaller than 11 point with normal proportional spacing.

6. Page formatting restrictions do not apply to drawings (if required by the criteria), but each page does apply to the page count. Submission of the draft project schedule (Phase II Only) can be submitted utilizing larger paper of 11 x17 inches. Pages submitted in excess of the page count will not be evaluated.

2.8 PHASE I EVALUATION FACTOR CRITERIA AND METHODOLOGY

I. Format:

1. Format: The offer, including title page, detailed table of contents, and preface for Phase I shall be submitted in one (1) PDF document and shall not exceed a total of TWENTY (20) pages (title page, table of contents, pre-face, page dividers, Tabs and/ or a 1-page executive summary will not count towards the total page count.). The Offeror shall not include any price or price related material in the Phase I proposal. Use graphic presentations where such use will contribute to the compactness and clarity of the proposal.

II. Factor Criteria and Evaluation Methodology: The Phase I evaluations will be conducted in accordance with the two-phase design-build evaluation process and the evaluation criteria and methodologies provided below:

1. Factor 1, Technical Approach: The offeror shall provide a detailed technical approach (a detailed thought process) to accomplishing the removal and replacement of the roofing system. The narrative will detail how the contractor intends to access the roof, how they will phase the project, a thorough description of intended roofing installation, and complete the project within the specified time limits. Such details shall include, at a minimum:

• How the project is to be managed and safety methods used?

• Why this construction approach is chosen?

• How the project will be tracked and kept on schedule?

• How this construction approach will end in a satisfactory project?

Evaluation Methodology: The VA will evaluate and use as an aid to help determine that the Offeror understands the complexity and risks of performing all the required elements. The Technical Approach will be evaluated for inclusion of the technical areas listed in the criteria. The VA will evaluate Offeror’s specific details 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.

2. Factor 2, Technical Qualifications: Key Personnel Experience and Capability to Perform: The Offeror shall provide a resume for each of the following A-E personnel: Lead Architect and Structural Engineer. The Offeror shall also provide a resume for each of the following key construction personnel: Project Manager, Project Engineer, Site Superintendent, and any known major 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. Please delineate the approximate percentage of work the prime contractor will perform and the approximate percentage of work the subcontractors (collectively) will perform. The VA will use the information provided to evaluate, among other things, specialized experience and technical competence.

a. Key Personnel Experience: The Offeror shall provide a resume for each of the following A-E personnel: Lead Architect and Structural Engineer. The Offeror shall also provide a resume for each of the following key construction personnel: Project Manager, Site Superintendent, and any known major 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. The VA will use the information provided to evaluate, among other things, specialized experience and technical competence.

b. Capability to Perform: The Offeror shall provide a letter from their surety demonstrating the Offeror's total bonding capacity and current available bonding capacity. Total bonding capacity and current available bonding must be outlined in a letter dated no earlier than the solicitation release date.

Evaluation Methodology: The VA will evaluate the Offerors key personnel experience and capability to perform. The VA will evaluate the relevant management, technical personnel and subcontractor capabilities and qualifications of the team to provide the required planning, implementation and completion of the project. The team will consider education and certifications, experience with similar projects, and experience in an operational health care facility. The VA will also evaluate how the Offeror organized personnel for this project, and the lines of authority between the construction firm, design firm, and key subcontractors. Capability to perform will be evaluated based on whether the Offeror has adequate total bonding capacity and available bonding capacity to accommodate the design and construction of the project.

Note: If awarded the contract resulting from this solicitation, any deviation from the Offeror’s team submitted for evaluation during contract performance must be approved by the Contracting Officer. Substitutions may be approved if the team member possesses similar qualifications and experience as the team member submitted for evaluation

2.9 PHASE II EVALUATION FACTOR CRITERIA AND METHODOLOGY (VOLUME II)

I. Format and Evaluation: Format: Phase II proposals shall be based on solicitation documents and the instructions provided by the Contracting Officer in the Phase II Notice of Offerors notifying Offerors that they were selected as one of the most qualified Offerors in Phase I. Technical (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: Technical, Volume II: Price and Volume III: Administrative). The contractor shall include NO price information in Volume I, Technical. All three volumes must be labeled with the Offeror's organization, business address, and VA Solicitation Number. When submitting Volumes I, II or III, the title page, table of contents, pre-face, page dividers, tabs or a 1-page executive summary will not count towards the total page count.

a. Volume I include all non-price factors (Technical Solution and Schedule) shall not exceed a total of FIFTEEN (15) pages.

b. Volume II including price only shall not exceed a total of TEN (10) pages following the formatting requirements stated in general proposal requirements. The Offeror shall submit Volumes I, II, and III in electronic format as searchable PDF documents. The proposal, in its entirety, shall not exceed three emails (one for each volume) of 5MB each. Include page numbers and the company name in the header or footer of each page.

c. Volume III Administrative: 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.

a. Offeror shall return a signed copy of all amendment(s) that are acknowledged in section 19 of the SF 1442 or on each SF 30.

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

c. Offeror shall provide their response to FAR 52.204-24 (c) Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

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 12.

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.

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.

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.

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.

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.

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.

Failure to provide the Attachment 12 containing the above information, may result in a determination that an Offeror is not responsible and therefore ineligible for award.

II. Evaluation Factors and Methodology

1. Volume I, Factor 1, Technical Solution: Based on the solicitation documents, site visit, and the Offeror’s Phase I Technical Approach, provide a detailed narrative (page limitation: six (6) pages for detailed narrative) describing the Offeror’s technical solution to the project to achieve design and construction design objectives as described in the solicitation. If the page limits are exceeded, the pages in excess of the limit will not be read or considered.

The Offeror’s narratives shall include, at minimum, the following technical areas:

· Phasing

· Historic Building construction knowledge

· Roofing construction knowledge

· QC management and solutions

· Safety management

The Offeror shall address areas of concern and describe how they will minimize risk in conjunction with the identified areas of concern. The narrative shall indicate that the Design-Build team understands the site complexities and address how their approach offers constructability advantages in an operational hospital setting.

Evaluation Methodology: The VA will evaluate and use as an aid to help determine that the Offeror understands the complexity and risks of the project and can perform all of the required elements. The Technical Solution will be evaluated for inclusion of the technical areas listed in the criteria. The VA will evaluate an Offeror's specific detail in each of the technical areas in regard to 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.

2. Volume I, Factor 2, Draft Project Schedule: The Offeror shall demonstrate their understanding of the requirement and timeline by submitting a draft project schedule for design and construction that adheres to the requirements outlined in the Project Schedule Specification. Each Offerors schedule must address the following:

• Order of work elements for design and construction to include at a minimum: Project Phasing, Submittals, Mobilization, Construction, Punch List, De- Mobilization.

• Number of days for each work element

• Identification of long lead time materials

• Identification of separate work elements

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

• Investigations and Inspections.

Evaluation Methodology: The VA will evaluate and use as an aid to help determine that the Offeror understands and can perform all of the required elements to complete the project in the time frame specified with limited impact, to the greatest extent possible, to the Medical Center. (The project 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 project schedule submitted in the Phase II proposal. 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 (Block 11).

3. Volume II Factor 3, Price: Carefully follow “Instructions, Conditions, and Notices to Offerors”, Standard form (SF) 1442 Solicitation, Offer and Award (Construction, Alteration, or Repair) and the price schedule when submitting price offers. The prices shall be Firm Fixed Price. The Offeror shall take care not to include remarks that take exception to the Government’s SOW/Specifications, pricing requirements, or otherwise preclude the Government from evaluating the offer or render the offer as non-responsive or unacceptable. If the Offeror communicates in its proposal any exceptions, exclusions, qualifications, or conditions to the proposed prices not provided for in the Offerors proposal documents, the Contracting Officer shall reject the proposal and exclude the Offeror from further consideration. The Contracting Officer 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 all the CLINs listed. Note: The VA will look at the total evaluated price and non-price factors to determine the best value.

Evaluation Methodology: The Contracting Officer 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 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.

IV Final Proposal Revisions (*Note this section only applies if discussions are conducted)

i. If determined to be necessary, proposal revisions will be requested from the Offerors determined by the CO to be in the competitive range based on the selection criteria. Discussions may be conducted with those Offerors falling within the competitive range, after which proposal revisions will be requested. 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.

ii. Offerors submitting proposal revisions will not be requested to re-submit any documents which are unchanged from their initial proposals. Offerors will provide necessary changes to individual paragraphs, as briefly as possible, and include a table of contents, which indicates 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.

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. 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 be registered at time of Phase I submission, Phase II submission, and award.

2.13 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.

2.14 BACKGROUND INVESTIGATIONS AND SPECIAL AGREEMENT CHECKS:

All contractor employees are subject to the same level of investigation as VA employees who have access to VA Sensitive Information. The level of background investigation commensurate with the level of access needed to perform the statement of work is: Low Risk. This requirement is applicable to all subcontractor personnel requiring the same access. As per VA Directive 0710, costs of background investigations will be borne by the contractor.

2.15 52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of Provision)

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

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

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

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

(End of Provision)

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

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

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

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

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Sioux Falls, South Dakota

(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…