Draft W9123824R0002.pdf

* This is a DRAFT for informational purposes only and not a Request for Proposal*

Department of Veterans Affairs (DVA) Northern California Healthcare System, Phase A - Community Living Center

A. Construct a new 150,000 SF Community Living Center (CLC), French Camp, Stockton, California. The CLC w ill be co-located on a large 52 acre site w ith other new ly constructed factilities.

B. This solicitation is being advertised as a Full & Open w ith Best Value Trade-off Source Selection Procedures

C. In accoradance w ith DFARS 236.204(iii), the disclosure of magnitude is betw een $100,000,000 and $250,000,000. The NAICS code is 236220, and size standard is $39.5Million.

D. Per FAR 3.101, 15.201(f), and 15.303(c), to preserve procurement integrity, all contacts shall go to either the Contracting Officer or Contract Specialist. Contacts to others regarding this solicitation may result in the disqualif ication of the offeror or cancellation of the solicitation. Disqualif ication w ill be the result of any communication that explicitly or implicitly, intentionally or unintentionally gives one prospective offeror a competitive advantage or the mere appearance of a competitive advantage of that of another.

JULIE MAXWELL 916-557-7989

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED (RFP)

(IFB)

X

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________790 calendar days after receiving aw ard, X notice to proceed. This performance period is mandatory, negotiable. (See _________________________52.211-10

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________ copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee X is, is not required.

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

D. Offers providing less than _______180 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

US ARMY CORPS OF ENGINEERS, SACRAMENTO

CONTRACTING DIVISION

1325 J STREET

SACRAMENTO CA 95814-2922

W91238

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

(hour) Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: TEL: FAX:

W9123824R0002 78

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W9123824R0002

Section 00 01 10 - Table of Contents

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Draft CD2A Volume 5A specs 00-13

1938 12-JUN-2023

Attachment 2 Draft CD2A Volume 5B spes 21-33

1540 12-JUN-2023

DRAFT

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Construct CLC

FFP

Construct Community Living Center (CLC) in accordance with the Statement of Work, Specifications, Drawings, and Plans.

FOB: Destination

PSC CD: Y1DZ

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1001 1 Job OPTION Construct Neighborhood 3

FFP

Construct Neighborhood 3 in accordance with the Statement of Work, Specifications, Drawings, and Plans

PSC CD: Y1DZ

NET AMT

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 790 dys. ANP 1 N/A

1001 790 dys. ANP 1 N/A

Section 00 21 00 - Instructions

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.211-6 Brand Name or Equal AUG 1999 52.215-16 Facilities Capital Cost of Money JUN 2003 52.217-5 Evaluation Of Options JUL 1990 52.225-11 Buy American--Construction Materials Under Trade

Agreements

OCT 2022

52.225-12 Notice of Buy American Requirement - Construction Materials Under Trade Agreements

MAY 2014

52.232-13 Notice Of Progress Payments APR 1984 52.236-28 Preparation of Proposals--Construction OCT 1997 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.215-7012 Requirements for Submission of Proposals via Electronic

Media.

JAN 2018

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors

JAN 2023

252.219-7000 Advancing Small Business Growth SEP 2016

CLAUSES INCORPORATED BY FULL TEXT

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (NOV 2021)—ALTERNATE I

(OCT 1997)

(a) Definitions. As used in this provision--

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.

In writing, writing, or written” means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time”, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror.

Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show--

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, revision, and withdrawal of proposals. (i) Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall--

(1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed--in whole or in part--for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of--or in connection with-- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award.

(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government's interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract after conducting discussions with offerors whose proposals have been determined to be within the competitive range. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. Therefore, the offeror's initial proposal should contain the offeror's best terms from a price and technical standpoint.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

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

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.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) 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

U.S. Army Corps of Engineers, Sacramento District ATTN: Construction Contracting Office

Amber Scyoc, Contracting Officer 1325 J Street Sacramento, California 95814

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

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-- To Be Determined

(c) Participants will meet at-- To Be Determined

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):

https://www.acquisition.gov/

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows: N/A

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Department of Defense FAR Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.211-7002 AVAILABILITY FOR EXAMINATION OF SPECIFICATIONS, STANDARDS, PLANS,

DRAWINGS, DATA ITEM DESCRIPTIONS, AND OTHER PERTINENT DOCUMENTS (DEC. 1991)

The specifications, standards, plans, drawings, data item descriptions, and other pertinent documents cited in this solicitation are not available for distribution but may be examined at the following location:

See Table of Contents

252.215-7010 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN

CERTIFIED COST OR PRICING DATA (JAN 2023)

(a) Definitions. As used in this provision--https://www.acquisition.gov/

Market prices means current prices that are established in the course of ordinary trade between buyers and sellers free to bargain and that can be substantiated through competition or from sources independent of the offerors.

Non-Government sales means sales of the supplies or services to non-Governmental entities for purposes other than governmental purposes.

Relevant sales data means information provided by an offeror on sales of the same or similar items that can be used to establish price reasonableness taking into consideration the age, volume, and nature of the transactions (including any related discounts, refunds, rebates, offsets, or other adjustments).

Sufficient non-Government sales means relevant sales data that reflects market pricing and contains enough information to make adjustments covered by FAR 15.404-1(b)(2)(ii)(B).

Uncertified cost data means the subset of ``data other than certified cost or pricing data'' (see FAR 2.101) that relates to cost.

(b) Exceptions from certified cost or pricing data.

(1) In lieu of submitting certified cost or pricing data, the Offeror may submit a written request for exception by submitting the information described in paragraphs (b)(1)(i) and (ii) of this provision. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted and whether the price is fair and reasonable.

(i) Exception for prices set by law or regulation--Identification of the law or regulation establishing the prices offered. If the prices are controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Commercial product or commercial service exception. For a commercial product or commercial service exception, the Offeror shall submit, at a minimum, information that is adequate for evaluating the reasonableness of the price for this acquisition, including prices at which the same product or service or similar products or services have been sold in the commercial market. Such information shall include--

(A) For products or services previously determined to be commercial, the contract number and military department, defense agency, or other DoD component that rendered such determination, and if available, a Government point of contact;

(B) For items priced based on a catalog--

(1) A copy of or identification of the Offeror's current catalog showing the price for that item; and

(2) If the catalog pricing provided with this proposal is not consistent with all relevant sales data, a detailed description of differences or inconsistencies between or among the relevant sales data, the proposed price, and the catalog price (including any related discounts, refunds, rebates, offsets, or other adjustments);

(C) For items priced based on market pricing, a description of the nature of the commercial market, the methodology used to establish a market price, and all relevant sales data. The description shall be adequate to permit the DoD to verify the accuracy of the description;

(D) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item; or

(E) For items provided by nontraditional defense contractors, a statement that the entity is not currently performing and has not performed, for at least the 1-year period preceding the solicitation of sources by DoD for the procurement or transaction, any contract or subcontract for DoD that is subject to full coverage under the cost accounting standards prescribed pursuant to 41 U.S.C. 1502 and the regulations implementing such section.

(2) The Offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and to determine the reasonableness of price.

(c) Requirements for certified cost or pricing data. If the Offeror is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:

(1) The Offeror shall prepare and submit certified cost or pricing data and supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory format to be used in any resultant contract, unless the Contracting Officer and the Offeror agree to a different format and change this provision to use Alternate I.

(2) As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the Offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

(3) The Offeror is responsible for determining whether a subcontractor qualifies for an exception from the requirement for submission of certified cost or pricing data on the basis of adequate price competition, i.e., two or more responsible offerors, competing independently, submit priced offers that satisfy the Government's expressed requirement in accordance with FAR 15.403-1(c)(1)(i).

(d) Requirements for data other than certified cost or pricing data. (1) Data other than certified cost or pricing data submitted in accordance with this provision shall include the minimum information necessary to permit a determination that the proposed price is fair and reasonable, to include the requirements in DFARS 215.402(a)(i) and 215.404-1(b).

(2) In cases in which uncertified cost data is required, the information shall be provided in the form in which it is regularly maintained by the Offeror or prospective subcontractor in its business operations.

(3) Within 10 days of a written request from the Contracting Officer for additional information to permit an adequate evaluation of the proposed price in accordance with FAR 15.403-3, the Offeror shall provide either the requested information, or a written explanation for the inability to fully comply.

(4) Subcontract price evaluation. (i) Offerors shall obtain from subcontractors the minimum information necessary to support a determination of price reasonableness, as described in FAR part 15 and DFARS part 215.

(ii) No cost data may be required from a prospective subcontractor in any case in which there are sufficient non- Government sales of the same item to establish reasonableness of price.

(iii) If the Offeror relies on relevant sales data for similar items to determine the price is reasonable, the Offeror shall obtain only that technical information necessary--

(A) To support the conclusion that items are technically similar; and

(B) To explain any technical differences that account for variances between the proposed prices and the sales data presented.

(e) Subcontracts. The Offeror shall insert the substance of this provision, including this paragraph (e), in subcontracts exceeding the simplified acquisition threshold defined in FAR part 2. The Offeror shall require prospective subcontractors to adhere to the requirements of--

(1) Paragraphs (c) and (d) of this provision for subcontracts above the threshold for submission of certified cost or pricing data in FAR 15.403-4; and

(2) Paragraph (d) of this provision for subcontracts exceeding the simplified acquisition threshold defined in FAR part 2.

Section 00 21 16 - Instructions to Proposers

INSTRUCTIONS TO OFFERORS

INSTRUCTIONS TO PROPOSERS

I. SOLICITATION AVAILABILITY

(a) The solicitation, solicitation attachments, and amendments are posted on the Procurement Integrated Enterprise Environment (PIEE) website https://wawf.eb.mil OR https://piee.eb.mil OR https://piee.eb.mil/xhtml/unauth/home/login.xhtml with notification posted on the Government-wide Point of Entry, the System for Award Management (SAM- www.sam.gov/SAM).

(b) The point of contact for this solicitation is:

Julie Maxwell, Contract Specialist E-MAIL: julie.maxwell@usace.army.mil

Amber Scyoc, Contracting Officer E-MAIL: amber.scyoc@usace.army.mil

(c) Information concerning the status of the evaluation and/or award will NOT be available after receipt of proposals. An award notice will be posted on SAM following contract award.

II. SUBMITTAL INFORMATION FOR BIDDERS:

The following documents must be returned with your proposal:

(a) The completed Standard Form 1442 with continuation pages, duly executed with an original signature by an official authorized to bind the company. Ensure that the firm’s CAGE is entered in the block 14 with its name and address.

(b) Your acknowledgement of all Amendments to the solicitation in accordance with the instructions on the Standard From 30 Amendment. Note: If the SF 1442 and/or the pricing schedule was changed by amendment, be sure to use the amended pages when submitting your bid.

(c) The completed Contract Line Item Number (CLIN) Schedule on the SF 1442, and or the Pricing Schedule with your proposed CLIN prices inserted where indicated. Prices must be proposed for all CLINs.

Unit prices are to be extended to the actual “dollar and cents” amounts (i.e., to two decimal places.) Do not round off extended prices to the nearest dollar. Check your pricing submission very carefully for mathematical and clerical errors prior to submission.

(d) Your completed Representation, Certifications, and other Statements of Bidders/Offers (FAR 52.204-8).

(e) Your Bid Guarantee (e.g., Standard Form 24, “Bid Bond”).

(f) Completed Pre-Award Survey.

(g) Your Joint Venture Agreement, if applicable

III. AVAILABILITY OF REFERENCED PUBLICATIONS

(a) The internet URL for Corps of Engineers publications is https://www.publications.usace.army.mil/ https://wawf.eb.mil/ https://piee.eb.mil/ https://piee.eb.mil/xhtml/unauth/home/login.xhtml http://www.sam.gov/SAM mailto:julie.maxwell@usace.army.mil mailto:amber.scyoc@usace.army.mil https://www.publications.usace.army.mil/

(b) Construction Criteria Base (CCB). The CCB system, available through the National Institute of Building Sciences, includes copies of USACE methods and specifications. CCB information can be obtained from:

http://www.wbdg.org/ccb/ccb.php

IV. INQUIRIES

(a) Prospective Offerors must submit all questions regarding the solicitation, requirement, or other Requests for Information (RFIs) through the ProjNet Suite Bidder Inquiry System: https://www.projnet.org/projnet.

(b) Please review the solicitation, plans, and specifications in their entireties, and review previous questions and answers in ProjNet, before submitting a new inquiry.

(c) To submit and review inquiries, Offerors must be a current registered user or self-register into the system. To self-register go to the aforementioned web page and click on the ‘Quick Add’ link. Select USACE as the agency, enter the Bidder Inquiry Key listed below, enter your e-mail address, and then click ‘Continue’. Fill in all required information and click ‘Add User’.

(i) From this page you can view all current inquiries or add a new inquiry.

(ii) Offerors will receive an acknowledgement of their question via e-mail, followed by an answer to their question after it has been processed.

(iii) The Solicitation Number is: W9123824R0002

(iv) The Bidder Inquiry Key is: TBD

(d) ProjNet will be unavailable for new inquiries ten (10) calendar days prior to the proposal due date to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.

(e) Offerors are requested to review the specification in its entirety, and review ProjNet for answers to questions prior to submission of a new inquiry.

(f) The ProNet call center operates weekdays from 0800/8:00 A.M. to 1700/5:00 P.M., U.S. Central Time Zone (Chicago); they can be reached by calling 1-800-428-HELP.

V. DIRECTIONS FOR SUBMITTING PROPOSALS

This will be a virtual Request for Proposal (RFP); physical proposals will not be accepted.

All proposals must be submitted electronically.

(a) The Government will NOT accept hard copy, telegraphic or facsimile proposals. All proposals must be submitted electronically through the Procurement Integrated Enterprise Environment (PIEE) website.

(b) All Offerors and their Subcontractors must be registered in the System for Award Management (SAM -www.SAM.gov) and the Procurement Integrated Enterprise Environment (PIEE) website to be able to view and download solicitation information, and to submit offers.

http://www.wbdg.org/ccb/ccb.php https://www.projnet.org/projnet

(c) Offers MUST BE submitted electronically through the Procurement Integrated Enterprise Environment (PIEE) website https://wawf.eb.mil OR https://piee.eb.mil OR https://piee.eb.mil/xhtml/unauth/home/login.xhtml with notification posted on the Government-wide Point of Entry, the System for Award Management (SAM-www.sam.gov/SAM).

(d) If you are not registered, the Government is not responsible for providing you with notifications of any changes to this solicitation. The solicitation will be available only as a direct download. Registration should be completed one week prior to the issue date. It is therefore the Contractor’s responsibility to monitor the website daily for the solicitation to be posted, and for any posted changes or amendments to this solicitation. The plans and specifications and all notifications of changes to this solicitation shall only be made through this posting and modifications hereto.

(e) Submissions shall be in Adobe PDF format.

(f) Only one (1) submission is allowed per Offeror.

(g) Late proposals will NOT be accepted for any reason.

VI. CONTRACTOR RESPONSIBILITY, PREAWARD SURVEY

(a) FAR Subpart 9.1 requires that contracts be awarded only to responsible prospective Contractors.

(b) To be determined responsible, a prospective Contractor must meet the standards in FAR 9.104 and any other standards set forth in the solicitation.

(c) To be determined responsible, Offerors must provide a statement regarding previous experience completing comparable work as well as information about the business organization, financial resources, and equipment to be used in performing the contract, by completion of a Pre-Award Survey (See Attachments),

(d) If the Offeror does not demonstrate sufficient resources in the completed Pre-Award Survey, acceptable evidence of “ability to obtain” the required adequate resources normally consist of a commitment or explicit arrangement that will be in existence at the time of contract award to rent, purchase or otherwise acquire the needed facilities, equipment, other resources, or personnel.

(e) Additionally, Offerors shall provide letter(s) from banks or other financial institutions with which the Offeror conducts business. The letters should contain information about your firm’s accounts, loans, lines of credit, etc. to assist the Government in determining financial stability, history of timely payments, the length and nature of the relationship between the firm and the financial institution and the firm’s financial ability to perform the contract.

The letters should also provide the name and telephone number of the bank representative the Government may contact. If responding to the solicitation as a Joint Venture (JV), provide this information for each JV participant.

https://wawf.eb.mil/ https://piee.eb.mil/ https://piee.eb.mil/xhtml/unauth/home/login.xhtml http://www.sam.gov/SAM

Section 00 22 00 - Supplementary Instructions

SUPPLEMENTARY INSTRUCTIONS

GENERAL SUBMISSION REQUIREMENTS AND INSTRUCTIONS, EVALUATIONS,

AND CONTRACT AWARD

1. OVERVIEW

Proposals received in response to this solicitation for the Department of Veterans Affairs Northern California Health Care System Livermore Phase A, Community Living Center will be evaluated utilizing the Best Value Tradeoff method. The award will be made based on the best overall proposal that is determined to be the most beneficial and advantageous to the Government.

SOURCE SELECTION USING BEST VALUE TRADE-OFF

The Government shall evaluate each offeror’s proposal using the “Best Value” tradeoff process described in FAR Part 15, This process is designed to ensure the impartial, equitable, and comprehensive evaluation of all proposals received in response to this solicitation.

The award decision will be based on the best overall proposal that is determined to be the most beneficial and advantageous to the Government, with appropriate consideration given to the four (4) evaluation factors as follows:

(1) Past Performance (Non-Price Technical Factor)

(2) Company Capability (Non-Price Technical Factor)

(3) Small Business Participation (Non-Price Technical Factor)

(4) Pricing Information (Price/Cost Factor)

EVALUATION FACTORS, SUBFACTORS, AND THEIR RELATIVE ORDER OF IMPORTANCE

A. Evaluation Factors The Government will evaluate each offeror’s technical proposal based on how well the proposal addresses each of the evaluation factors, listed below, and on how well the offeror has performed on related projects through the evaluation of the past performance information provided from references or obtained from other sources. Each of the evaluation factors will be evaluated by the Government and an adjectival rating and risk rating will be determined by consensus of the Government evaluation board for all technical factors other than Past Performance. The Past Performance factor will be evaluated by the Government to determine a Performance Confidence Assessment rating The following factors will be used to evaluate each proposal:

Factor 1 - Past Performance: Each offeror’s past performance will be reviewed to determine relevancy and performance confidence. (Non-Price Technical Factor) Factor 2 - Company Capability: Each offeror’s demonstrated ability in managing schedule, organization including subcontractors, risk, and communication will be assessed, along with the availability of key personnel and key subcontractors and their commitment to this project. (Non-Price Technical Factor) Factor 3 - Small Business Participation: Each offeror’s small business participation Commitment Document will be assessed on Total Contract Amount. All Offerors, both Large and Small Business, will be evaluated on the level of proposed participation of small businesses relative to the objectives and goals established for this procurement. (Non-Price Technical Factor) Total Small Business Goal

Small Business Goal 25%

Small Disadvantaged Business 10%

Women-Owned Small Business 5%

HUB-Zone 5%

Service-Disabled Veteran-Owned Small Businesses 3%

Veteran-Owned Small Businesses 2%

Factor 4 – Price Information: The resulting award will be a firm-fixed price contract. Price reasonableness will be utilized in the evaluation of the Firm-Fixed Price effort (Price Factor).

Evaluation of the offeror’s proposal will address each factor as it applies to the solicitation. A detailed explanation of the criteria for the evaluation is set forth in the “Proposal Evaluation Process” of this plan. During evaluations of each proposal, the Government will assign each factor an adjectival rating and write a narrative evaluation reflecting the identified findings.

The evaluation provisions included in the RFP describe the details of this source selection’s evaluation factors and their relative order of importance.

B. Relative Importance of All Non-Price Factors to the Price Factor The Government anticipates utilizing the following evaluation factors and relative importance:

FACTORS DESCRIPTION RELATIVE IMPORTANCE

FACTOR 1 Past Performance Factor 1 and 2 are equal in importance.

FACTOR 2 Company Capability Factor 1 and 2 are equal in importance.

FACTOR 3 Small Business Participation Factor 3 is of less importance than 1 or 2.

FACTOR 4 Pricing Information All technical factors, when combined, are approximately equal to price.

All evaluation factors other than cost or price (Non-Price Technical Factors), when combined, are approximately equal to price.

SUPPLEMENTAL INSTRUCTIONS TO OFFERORS

A. Submittal of offers

Offerors submitting proposals for this project should limit submissions to data essential for evaluation of proposals so that a minimum of time and monies will have been expended in preparing information required herein. However, in order to be effectively and equitably evaluated, the proposals must include information sufficiently detailed to clearly describe the Offeror's experience, capability, past performance, and use of small business necessary for successful completion of the project. Requirements stated in this RFP are minimums.

Innovative, creative, or cost-saving proposals that meet or exceed the requirements are encouraged and will be rated accordingly.

ELECTRONIC PROPOSALS: This will be a virtual Request for Proposal (RFP); physical proposal will not be accepted. All proposals must be submitted electronically.

The Government will not accept telegraphic or facsimile by mail, hand-carry, or commercial courier (that is, no physical proposals will be accepted in response to this solicitation). All proposals MUST BE submitted by electronic commerce only (that is, by submission via PIEE), as discussed below only).

Proposals MUST BE submitted electronically through the Solicitation Module of the Procurement Integrated Enterprise Environment (PIEE) suite at https://piee.eb.mil/. Submittals by any other means will not be evaluated unless the PIEE system is down and another method of submittal is approved by the Contracting Officer in writing. Submittals sent through proprietary or third-party File Transfer Protocol (FTP) sites or DoD SAFE will not be retrieved.

It is Offeror’s responsibility to check the PIEE Solicitation Module to ensure successful submission. Offerors are responsible for allowing sufficient time for the proposal to be received. In the even the PIEE Solicitation Module is down, the Offeror must notify the Contracting Officer, that the system is down and submission through the Solicitation Module is not possible, prior to the submission deadline. Contractor notification shall be in writing and may be in conjunction with verbal notification, but verbal notification alone shall not be sufficient. In https://piee.eb.mil/ accordance with FAR 52.215-1 Late Submissions, Modifications, and Withdrawals of Proposals, all proposals must be received at the initial point of entry to the Government Infrastructure not later than the proposal due date stated in box 13 of the solicitation. Late proposals will NOT be accepted for any reason.

Submit Subject Line: “Solicitation W9123824R0002 - *Vendor Name*”

Offerors are required to submit a proposal made up of Past Performance, Company Capability, Small Business Participation, and Price. All proposal materials shall be submitted in .pdf format with a table of contents and dynamic tables of contents. The Price Proposal, CLIN schedule, and WBS tables will also be submitted in MS Excel format. The sections should parallel the submission requirements identified below. Volumes I and II (defined below) shall be in separate files. Failure to place the required submission information under the appropriate tab may result in a lower rating if the evaluators cannot readily find the appropriate information.

The Offeror’s conformance with the specified format, submission requirements, and the Offeror’s attention to detail (e.g., typographical, grammatical, and reference errors) will be considered during the technical evaluation and trade-off. Failure to comply with the formatting and/or submission requirements or a lack of attention to detail may be seen as indicative of the type of problems that could be expected during contract performance.

Lack of conformance or attention to detail could therefore result in a higher risk assessment, in addition to any other impacts on the evaluation. Material omission(s) may result in a deficiency, which will cause the technical proposal to be rejected as unacceptable. However, in accordance with FAR 52.215-1, the Government may waive informalities and minor irregularities in proposals.

Technical proposals that do not provide the specified information in the specified location in accordance with the submission instructions may be found to have weaknesses or significant weaknesses. The Government is under no obligation to search for information that is not in the specified location.

Responses that are essentially blanket offers of compliance are not adequate substitutes for the detailed and complete technical information necessary to establish that an Offeror can meet Government needs. The proposal submission instructions are written to give prospective contractors, where feasible, an indication of the level of detail desired by the Government. The Offeror’s failure to include information that the Government has indicated should be included may result in the proposal being assigned a (significant) weakness and/or being found deficient if inadequate detail is provided.

Any prescribed page and formatting limitations will be strictly adhered to and enforced by the Government.

The Government will not evaluate any excess information resulting from the Offeror’s failure to comply with the submission instructions. Examples:

• If an Offeror were to submit three pages in response to an item with a two-page limitation, the information on the first two pages would be evaluated but the information on the third page would not be evaluated.

• If an Offeror were to submit a fold-out sheet (e.g., 11”x 17”) in response to a one-page limitation where fold-out sheets were not authorized, only the information that could reasonably have been submitted on one 8- 1/2 x 11-inch sheet would be evaluated.

• If an Offeror were to submit three 8-1/2 x 11-inch pages in response to a one not-to-exceed 11 x 17-inch page limitation, only the information that could reasonably have been submitted on one 11 x 17-inch sheet would be evaluated.

• If an Offeror submitted alternates that were not requested, the information would not be evaluated.

Media, Page Size, Margins, Fonts, and Page Limitations Submit only the electronic files specifically authorized elsewhere in this section. Do not submit excess information, to include audio-visual materials, hard-copy media, etc. Do not include links to information on websites in lieu of incorporating the information physically into the proposal.