RFP 36C77623R0156 - 12-20-23.pdf

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Y1AZ--TIERED EVALUATIONS - Build New Community Living Center Minor Construction - Montrose 620-334
Solicitation number
36C77623R0156
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This is a request for proposal for construction services. The Department of Veterans Affairs seeks a contractor to demolish existing structures, perform hazardous material abatement, and construct a new 28-room community living center, utility tunnel, corridors, and other site improvements at the VA Hudson Valley Health Care System in Montrose, New York. The estimated value is between $10-20 million. Proposals are due by February 6, 2024. Award will be made through a tiered evaluation process to the lowest-priced technically acceptable offer from a service-disabled veteran-owned small business first, then veteran-owned small business, and finally other small businesses. The work must be completed within 730 calendar days of notice to proceed.

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620-334-Responses to Tech Questions - 1-30-24.pdf PDF
36C77623R0156 0003.pdf PDF
620-334-Pre Bid Presentation20240109.pdf PDF
36C77623R0156 0002.pdf PDF
620-334-Responses to Tech Questions - 1-25-24.pdf PDF
Site Visit Sign-In Sheet - 01-09-24.pdf PDF
36C77623R0156 0001.pdf PDF
DBA Wage Rates - Westchester County - 01-05-24.pdf PDF
Drawings 8 of 15 ARCHITECTURAL 3.pdf PDF
Site Visit Campus Map.pdf PDF
Drawings 14 of 15 ELECTRICAL 1.pdf PDF
Specifications 10-30-23.pdf PDF
Small Business Subcontracting Plan Model.docx DOCX document
Drawings 5 of 15 STRUCTURAL.pdf PDF
Drawings 12 of 15 PLUMBING.pdf PDF
Drawings 1 of 15 GENERAL.pdf PDF
Drawings 4 of 15 LANDSCAPE.pdf PDF
Drawings 6 of 15 ARCHITECTURAL 1.pdf PDF
Drawings 2 of 15 CIVIL 1.pdf PDF
Drawings 7 of 15 ARCHITECTURAL 2.pdf PDF
Drawings 10 of 15 ARCH SIGN-EQUIP.pdf PDF
Drawings 13 of 15 MECHANICAL.pdf PDF
DBA Wage Rates - Westchester County - 11-17-23.pdf PDF
Limitations on Subcontracting - Construction.docx DOCX document
Drawings 15 of 15 ELECTRICAL 2.pdf PDF
Brand Name J_A - Montrose.pdf PDF
Site Visit Instructions.pdf PDF
Drawings 11 of 15 FIRE PROTECTION.pdf PDF
Drawings 9 of 15 ARCHITECTURAL 4.pdf PDF
Drawings 3 of 15 CIVIL 2.pdf PDF
Construction Cost Breakdown.pdf PDF
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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.

1 83

36C77623R0156

X

12-20-2023

620-334

36C776

Kara Evert Department of Veterans Affairs Program Contracting Activity Central 6100 Oak Tree Blvd, Suite 490 Independence OH 44131

Kara Evert Department of Veterans Affairs Program Contract Activity Central 6100 Oak Tree Blvd, Suite 490 Independence OH 44131

Kara Evert kara.evert@va.gov

In accordance with 38 U.S.C. § 8127 (Public Law 109-461), this procurement is set aside for SDVOSBs utilizing a tiered set-aside evaluation approach, including other than small businesses, to minimize delays in the re-solicitation process.

The contractor shall furnish all materials, equipment, supervision, and personnel necessary to accomplish the job for the demolition, hazardous material abatement, and construction of a new standalone 28 Resident Room Community Living Center (CLC) Home with mechanical penthouse, utility tunnel, screening vestibule, exterior canopy for vehicle drop-off and climate-controlled connecting corridor to Building 6. This project must be completed in accordance with specifications, drawings, and supporting attachments included in the solicitation package.

Project Location:

VA Hudson Valley Health Care System Franklin Delano Roosevelt Hospital 2094 Albany Post Road Montrose, NY 10548

NAICS code: 236220

VAAR Magnitude of Construction: $10,000,000 to $20,000,000

Statutory Cost Limitation: The current funding available for this minor construction procurement is $16,500,000.

The Government cannot guarantee additional funds will be made available for award (reference 38 U.S.C. 8104).

Certification and Accreditation (C&A) requirements do not apply and a Security Accreditation Package is not required.

PLEASE NOTE: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration in accordance with FAR subpart 42.5.

10 (TEN) 730

X X 52.211-10

X 10 (TEN)

0 (ZERO) 1:00 PM EST

02-06-2024

X

90 (NINETY)

14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

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

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO 10 U.S.C. 2304(c)( ) 41 U.S.C. 3304(a) ( )

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY

PHONE: FAX:

28. NEGOTIATED AGREEMENT 29. AWARD Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

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

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

TO SIGN

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

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

(Include ZIP Code) (Include area code)

(Include only if different than Item 14.)

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

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

(Type or print)

(4 copies unless otherwise specified)

(Type or print) (Type or print)

(Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

(Must be fully completed by offeror)

(To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

See Price Schedule

36C776

Department of Veterans Affairs Program Contracting Activity Central 6100 Oak Tree Blvd, Suite 490 Independence OH 44131

VAFSC

Department of Veterans Affairs Financial Services Center Invoices to be Submitted Electronically https://www.fsc.va.gov/einvoice.asp e-Invoice Setup Info Phone 877-489-6135 877-353-9791 512-460-5429

Donald A. Marsh III

VA-VHA-2020-9325SEF7C

Project No. 620-334, Build New Community Living Center Minor Construction Project at the Franklin Delano Roosevelt VA Hospital in Montrose, NY

Table of Contents

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)

A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION, ALTERATION, OR

REPAIR)– BACK

A.3 PRICE SCHEDULE

ITEM INFORMATION

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE, AND BONDS

1.1 BID MATERIAL

1.2 BID BOND GUARANTEE

1.3 PERFORMANCE & PAYMENT BONDS

INSTRUCTIONS, CONDITIONS, AND OTHER STATEMENTS TO OFFERORS

2.1 AVAILABILITY OF SOLICITATION DOCUMENTS

2.2 SOLICITATION NOTICE OF TIERED SET-ASIDE EVALUATIONS

2.3 SDVOSB/VOSB REQUIREMENTS

2.4 PROPOSAL PREPARATION INSTRUCTIONS

2.5 PROPOSAL CONTENT

2.6 EVALUATION OF OFFERS

2.7 PRE-PROPOSAL SITE VISIT

2.8 TECHNICAL QUESTIONS

2.9 AMENDMENTS

2.10 RESPONSIBILITY DETERMINATION

2.11 SYSTEM FOR AWARD MANAGEMENT (SAM)

2.12 VETS 4212

2.13 SUBCONTRACTING PLAN

2.14 REVIEW OF REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE

ASSESSMENT REPORTING SYSTEM (CPARS)

2.15 BACKGROUND INVESTIGATIONS AND SPECIAL AGREEMENT CHECKS

2.16 REFERENCES TO VA ENGINEER, RESIDENT ENGINEER, OR PROJECT MANAGER 18

2.17 REFERENCES TO BIDS/BIDDERS

2.18 52.215-1 INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITION (NOV 2021)

2.19 52.216-1 TYPE OF CONTRACT (APR 1984)

2.20 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF

THE WORK (MAY 2014)

2.21 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE

EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

2.22 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION

MATERIALS UNDER TRADE AGREEMENTS (MAY 2014)

2.23 52.228-1 BID GUARANTEE (SEP 1996)

2.24 52.233-2 SERVICE OF PROTEST (SEP 2006)

2.25 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

2.26 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

2.27 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT

2018)

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

2.29 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY NOTICE (FEB 2023)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023)

3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

3.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

3.4 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—

CERTIFICATION (NOV 2021)

3.5 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND

REPRESENTATION (JUN 2020)

GENERAL CONDITIONS

4.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR

1984)

4.2 52.219-3 NOTICE OF HUBZONE SET-ASIDE OR SOLE-SOURCE AWARD (OCT 2022)

4.3 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL

BUSINESS CONCERNS (OCT 2022)

4.4 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2020)

4.5 52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022)

4.6 52.219-29 NOTICE OF SET-ASIDE FOR, OR SOLE-SOURCE AWARD TO,

ECONOMICALLY DISADVANTAGED WOMEN-OWNED SMALL BUSINESS CONCERNS

(OCT 2022)

4.7 52.219-30 NOTICE OF SET-ASIDE FOR, OR SOLE-SOURCE AWARD TO, WOMEN-

OWNED SMALL BUSINESS CONCERNS ELIGIBLE UNDER THE WOMEN-OWNED SMALL

BUSINESS PROGRAM (OCT 2022)

4.8 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (SEP

2023)

4.9 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR

EPA-DESIGNATED ITEMS (MAY 2008)

4.10 52.223-20 AEROSOLS (JUN 2016)

4.11 52.223-21 FOAMS (JUN 2016)

4.12 52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER TRADE

AGREEMENTS (DEC 2022)

4.13 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

4.14 SUPPLEMENTAL INSURANCE REQUIREMENTS

4.15 52.228-11 INDIVIDUAL SURETY—PLEDGE OF ASSETS (FEB 2021) (DEVIATION APR

2020)

4.16 52.228-15 PERFORMANCE AND PAYMENT BONDS—CONSTRUCTION (JUN 2020)

(DEVIATION APR 2020)

4.17 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

Special Note regarding FAR 52.229-3 Federal, State, and Local Taxes

4.18 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

4.19 52.236-4 PHYSICAL DATA (APR 1984)

4.20 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

4.21 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

4.22 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

4.23 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (MAY 2020)

4.24 VAAR 852.219-70 VA SMALL BUSINESS SUBCONTRACTING PLAN MINIMUM

REQUIREMENTS (JAN 2023) (DEVIATION)

4.25 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-

DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

4.26 VAAR 852.219-74 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED VETERAN-

OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

4.27 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

4.28 VAAR 852.223-71 SAFETY AND HEALTH (SEP 2019)

4.29 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)

4.30 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND

VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)

4.31 VAAR 852.232-70 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS

(WITHOUT NAS– CPM) (NOV 2018)

4.32 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

4.33 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR

2019)

4.34 VAAR 852.236-72 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 2019) .. 79

4.35 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019)

4.36 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019)

4.37 VAAR 852.236-90 RESTRICTION ON SUBMISSION AND USE OF EQUAL PRODUCTS

(APR 2019)

4.38 VAAR 852.239-76 INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY (FEB 2023)

4.39 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

4.40 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT (SEP

2019)

4.41 MANDATORY WRITTEN DISCLOSURES

4.42 ATTACHMENTS

A.3 PRICE SCHEDULE

ITEM INFORMATION

ITEM # DESCRIPTION OF SERVICES QUANTITY UNIT UNIT PRICE TOTAL AMOUNT

1.00 JB ________________ ________________

BASE: GENERAL CONSTRUCTION

THE CONTRACTOR SHALL FURNISH ALL LABOR, MATERIALS, TOOLS, EQUIPMENT, AND

SUPERVISION NECESSARY TO PERFORM AND COMPLETE THE WORK FOR PROJECT 620-334

“BUILD COMMUNITY LIVING CENTER AT MONTROSE VA” AS SHOWN ON THE ATTACHED

CONTRACT DOCUMENTS.

Work includes general construction, drives, parking lot, walks, grading, drainage, and site utilities, as well as: new ground-up construction, including all structural, mechanical, plumbing, electrical, technology, and finishes necessary for a new single story Community Living Center that will house accommodations for a total of 28 Veteran Residents and provide community space for socialization and family interaction. The project also includes several canopies and outdoor amenities, a mechanical penthouse, construction of a utility tunnel, and a connecting corridor allowing access to the existing buildings. The project is on a previously developed site where existing structures have already been removed. All work shall be completed in accordance with the specifications, drawings, and supporting attachments.

The period of performance (POP) for Line Item 0001 is 730 calendar days after the contractor receives the Notice to Proceed (NTP).

DEDUCTIVE ALTERNATE NO. 1

Includes all work in Line Item 0001 (BASE) less the INSTALLATION OF FULL WATER AND ICE SHIELD COVERAGE. Refer to Drawings (Sheet A-103) for reduced coverage area.

The POP for Line Item 0002 is 720 calendar days after the contractor receives the NTP.

DEDUCTIVE ALTERNATE NO. 2

Includes all work in Line Item 0001 (BASE) less the work in Line Item 0002 (DEDUCTIVE ALTERNATE NO. 1) and less the CONSTRUCTION OF THE EAST LEG OF THE UTILITY TUNNEL.

The POP for Line Item 0003 is 700 calendar days after the contractor receives the NTP.

DEDUCTIVE ALTERNATE NO. 3

Includes all work in Line Item 0001 (BASE) less the work in Line Items 0002-0003 (DEDUCTIVE ALTERNATES NO. 1-2) and less the INSTALLATION OF EXTERIOR FAUX WINDOWS AT

CLERESTORY.

The POP for Line Item 0004 is 685 calendar days after the contractor receives the NTP.

DEDUCTIVE ALTERNATE NO. 4

Includes all work in Line Item 0001 (BASE) less the work in Line Items 0002-0004 (DEDUCTIVE ALTERNATES NO. 1-3) and less the CONSTRUCTION OF B6 CORRIDOR.

The POP for Line Item 0005 is 660 calendar days after the contractor receives the NTP.

DEDUCTIVE ALTERNATE NO. 5

Includes all work in Line Item 0001 (BASE) less the work in Line Items 0002-0005 (DEDUCTIVE ALTERNATES NO. 1-4) and less the CONSTRUCTION OF SIDEWALKS WITH THE EXCEPTION OF

THE FIRE EGRESS PATH.

The POP for Line Item 0006 is 640 calendar days after the contractor receives the NTP.

DEDUCTIVE ALTERNATE NO. 6

Includes all work in Line Item 0001 (BASE) less the work in Line Items 0002-0006 (DEDUCTIVE ALTERNATES NO. 1-5) and less the CONSTRUCTION OF ALL LANDSCAPING AND GAZEBO.

Including but not limited to: Removal of all plants, outdoor seating, rock mulch, wood mulch, irrigation & irrigation controls.

The POP for Line Item 0007 is 610 calendar days after the contractor receives the NTP.

DEDUCTIVE ALTERNATE NO. 7

Includes all work in Line Item 0001 (BASE) less the work in Line Items 0002-0007 (DEDUCTIVE ALTERNATES NO. 1-6) and less the CONSTRUCTION OF THE PLATFORM AT CHILLER. Remove 156 SF of chiller maintenance platform.

The POP for Line Item 0008 is 595 calendar days after the contractor receives the NTP.

DEDUCTIVE ALTERNATE NO. 8

Includes all work in Line Item 0001 (BASE) less the work in Line Items 0002-0008 (DEDUCTIVE ALTERNATES NO. 1-7) and less the PROCUREMENT AND INSTALLATION OF NETWORK VIDEO RECORDER (NVR SECURITY) Remove security equipment. Refer to EY101A and EY101B for locations.

The POP for Line Item 0009 is 585 calendar days after the contractor receives the NTP.

DEDUCTIVE ALTERNATE NO. 9

Includes all work in Line Item 0001 (BASE) less the work in Line Items 0002-0009 (DEDUCTIVE ALTERNATES NO. 1-8) and less the CONSTRUCTION OF THE LARGE PORCH. Remove porch concrete slab, shade structure, fence, gate & lighting/power.

The POP for Line Item 0010 is 575 calendar days after the contractor receives the NTP.

DEDUCTIVE ALTERNATE NO. 10

Includes all work in Line Item 0001 (BASE) less the work in Line Items 0002-0010 (DEDUCTIVE ALTERNATES NO. 1-9) and less the CONSTRUCTION OF THE SMALL PORCH-A. Remove porch concrete slab, shade structure, fence, gate & lighting/power.

The POP for Line Item 0011 is 560 calendar days after the contractor receives the NTP.

DEDUCTIVE ALTERNATE NO. 11

Includes all work in Line Items 0002-0011 (DEDUCTIVE ALTERNATES NO. 1-10) and less the CONSTRUCTION OF THE SMALL PORCH-B. Remove porch concrete slab, shade structure, fence, gate & lighting/power.

The POP for Line Item 0012 is 545 calendar days after the contractor receives the NTP.

DEDUCTIVE ALTERNATE NO. 12

Includes all work in Line Item 0001 (BASE) less the work in Line Items 0002-0012 (DEDUCTIVE ALTERNATES NO. 1-11) and less the CONSTRUCTION OF THE ENTRANCE CANOPY. Remove Canopy 1 & 2 entirely including all lighting/power.

The POP for Line Item 0013 is 520 calendar days after the contractor receives the NTP.

DEDUCTIVE ALTERNATE NO. 13

Includes all work in Line Item 0001 (BASE) less the work in Line Items 0002-0013 (DEDUCTIVE ALTERNATES NO. 1-12) and less the CONSTRUCTION OF THE FENCE/ FAUX ROOFS AT RESIDENT ROOMS. Remove all decorative railing and roof facade detail at all resident rooms (27 LF of railing / 12 faux roof fronts).

The POP for Line Item 0014 is 500 calendar days after the contractor receives the NTP.

DEDUCTIVE ALTERNATE NO. 14

Includes all work in Line Item 0001 (BASE) less the work in Line Items 0002-0014 (DEDUCTIVE ALTERNATES NO. 1-13) and less the CONSTRUCTION OF THE PATIENT LIFTS TRACK EXTENSION. Eliminate patient lifts track extension into resident bathrooms (26 rooms affected) (full extension to bathrooms in bariatric rooms will remain, PT/OT lift will remain).

The POP for Line Item 0015 is 470 calendar days after the contractor receives the NTP.

DEDUCTIVE ALTERNATE NO. 15

Includes all work in Line Item 0001 (BASE) less the work in Line Items 0002-0015 (DEDUCTIVE ALTERNATES NO. 1-14) and less the CONSTRUCTION OF THE POROUS ASPHALT / PARKING / PORTION OF THE DRIVE ENTRANCE. Reduce porous asphalt area, remove all parking, and reduce the drive entrance width.

The POP for Line Item 0016 is 455 calendar days after the contractor receives the NTP.

DEDUCTIVE ALTERNATE NO. 16: ELIMINATE EXTERIOR SIGNAGE.

Includes all work in Line Item 0001 (BASE) less the work in Line Items 0002-0016 (DEDUCTIVE ALTERNATES NO. 1-15) and less the CONSTRUCTION OF EXTERIOR SIGNAGE. Remove all exterior signage.

The POP for Line Item 0017 is 445 calendar days after the contractor receives the NTP.

PRICE SCHEDULE NOTICE

1. Line Item 0001 (BASE) contains all the work for this project. Each subsequent line item (deductive alternate) removes a portion of the work from Line Item 0001. The intent is to award Line Item 0001 (BASE), and the deductive alternates will be reviewed and applied as necessary until the price is within the budget. Deductive alternates are cumulative and are listed in descending order of importance.

2. The offeror is required to fill in their pricing on the above price schedule. For each line item, the offeror must indicate the unit cost for the individual deduct as well as the total price when the individual deduct is applied to the previous line items. Failure to do so may render the offer unacceptable and ineligible for award.

Example:

ITEM # DESCRIPTION OF SERVICES QTY UNIT UNIT PRICE TOTAL AMOUNT

0001 BASE: GENERAL CONSTRUCTION 1.00 JB $1,000,000 $1,000,000

0002 DEDUCTIVE ALTERNATE NO. 1 1.00 JB -$10,000 $990,000

0003 DEDUCTIVE ALTERNATE NO. 2 1.00 JB -$5,000 $985,000

3. Pricing must be submitted in whole dollar values. Please do not include pricing in cents.

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE, AND

BONDS

1.1 BID MATERIAL

Proposal materials consisting of drawings, specifications, and contract forms are included and/or attached as part of this Request for Proposal (RFP). The VA will not provide printed copies of drawings or specifications. It is the responsibility of the offeror to obtain the proposal materials in a time and manner sufficient to respond to this solicitation by the specified due date.

1.2 BID BOND GUARANTEE

The offeror must furnish a bid bond guarantee on Standard Form 24 (SF 24) in an amount that is the lesser of 20 percent of the proposal price or $3,000,000. Failure to furnish the required bid bond on the proper form and for the proper amount by the date and time specified for receipt of proposals may result in rejection of the proposal. Copies of the SF 24 may be obtained from https://www.gsa.gov/forms.

In accordance with Class Deviation from the FAR to Eliminate Hard Copy Original Documents, Signatures, Notarization, Seals on Bonds, and Other Seals for Certain Contract Requirements issued by the VA Executive Director, Office of Acquisition and Logistics and the Senior Procurement Executive on May 11, 2020, the requirement for an original bond, with the original signatures, notarization, and seals has been eliminated.

1.3 PERFORMANCE & PAYMENT BONDS

The offeror to whom award is made will be required to furnish two bonds. A performance bond must be provided on Standard Form 25 (SF 25), and a payment bond must be provided on Standard Form 25A (SF 25A). Both bonds must be submitted in accordance with FAR 52.228-15, Performance and Payment Bonds - Construction (DEVIATION). Copies of SFs 25 and 25A may be obtained from https://www.gsa.gov/forms.

https://www.gsa.gov/forms https://www.gsa.gov/forms

INSTRUCTIONS, CONDITIONS, AND OTHER STATEMENTS TO OFFERORS

2.1 AVAILABILITY OF SOLICITATION DOCUMENTS

All solicitation-related documents will be published to Contract Opportunities at https://sam.gov/.

2.2 SOLICITATION NOTICE OF TIERED SET-ASIDE EVALUATIONS

This procurement is set-aside based on an order of priority as established in 38 U.S.C. 8127.

(a) Tiered evaluations including large business concerns. This solicitation is being issued as tiered evaluation with the following tiers:

(1) Tier 1 - SDVOSB concerns. VA will first evaluate the offers, if any, submitted by SDVOSB concerns. If no technically acceptable offers were submitted by SDVOSB concerns, or if none of the offers would result in award at a fair and reasonable price that offers best value to the United States, the VA will withdraw the SDVOSB set-aside, document the basis for not making an award within this tier, and proceed to the set-aside for VOSB concerns.

(2) Tier 2 - VOSB concerns. VA will next evaluate the offers, if any, submitted by VOSB concerns. If no technically acceptable offers were submitted by VOSB concerns, or if none of the offers would result in award at a fair and reasonable price that offers best value to the United States, the VA will withdraw the VOSB set-aside, document the basis for not making an award within this tier, and proceed to the set-aside for other small business concerns.

(3) Tier 3 - small business concerns. VA will next evaluate the offers, if any, submitted by other small business concerns, with Historically Underutilized Business (HUB) Zone small business concerns and 8(a) participants having priority. If no technically acceptable offers were submitted by other small business concerns, or if none of the offers would result in award at a fair and reasonable price that offers best value to the United States, the VA will withdraw the set-aside for other small businesses, document the basis for not making an award as a set-aside, and proceed to the large business tier.

(4) Tier 4 - other than small (large) business concerns. VA will next evaluate the offers, if any, submitted by large business concerns. If no technically acceptable offers were submitted by large business concerns, or if none of the offers would result in award at a fair and reasonable price that offers best value to the United States, the VA will cancel the solicitation, document that cancellation in a memorandum for the record, and conduct additional market research to inform a follow-on acquisition strategy.

(b) The following clauses apply to the associated tiers:

52.219-3 only applies to tier 3

52.219-4 only applies to tier 4

52.219-6 only applies to tier 3

52.219-9 only applies to tier 4

52.219-14 only applies to tier 3

52.219-16 only applies to tier 4 https://sam.gov/ https://www.acquisition.gov/far/52.219-3 https://www.acquisition.gov/far/part-52#FAR_52_219_4 https://www.acquisition.gov/far/part-52#FAR_52_219_6 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_14 https://www.acquisition.gov/far/part-52#FAR_52_219_16

52.219-28 only applies to tiers 1, 2, and 3

52.219-29 only applies to tier 3

52.219-30 only applies to tier 3

52.236-1 only applies to tier 4

52.242-5 only applies to tier 4

852.219-70 only applies to tier 4

852.219-73 only applies to tier 1

852.219-74 only applies to tier 2

852.219-75 only applies to tiers 1 and 2

852.236-72 only applies to tier 4

2.3 SDVOSB/VOSB REQUIREMENTS

To be considered eligible to receive award of a resulting contract, offerors submitting as SDVOSBs or VOSBs must be certified by the U.S. Small Business Administration (SBA) and listed in the SBA Veteran Small Business Certification (VetCert) database (https://veterans.certify.sba.gov/) at the time of proposal submission and at the time of award. A joint venture may be considered eligible as an SDVOSB/VOSB if the joint venture complies with the requirements in 13 CFR 128.402.

2.4 PROPOSAL PREPARATION INSTRUCTIONS

(a) Proposal preparation costs. The Government will not pay any costs incurred in the preparation and submission of proposals in response to this solicitation.

(b) Proposal submission.

(1) Proposals must be based on solicitation documents issued for RFP number 36C77622R0156.

Proposals will be in the format stipulated in this document.

(2) Proposals must be submitted via email to kara.evert@va.gov. Emails are limited to 5 MB each.

No hard copies will be accepted.

(3) Proposals must be received on or before the date and time specified in block 13 of the SF 1442.

There will be no public opening of the proposals.

(c) Proposal requirements.

(1) General. Price and administrative sections of an offeror’s proposal will be evaluated independently; therefore, the offeror must submit the proposal in two separate volumes: Volume I - Price and Volume II - Administrative. All information shall be confined to the appropriate volume. So that the administrative section may be evaluated strictly on the merit of the material submitted, the contractor shall include NO price or price-related information in Volume II.

(2) Format.

https://www.acquisition.gov/far/52.219-28 https://www.acquisition.gov/far/52.219-29 https://www.acquisition.gov/far/52.219-30 https://www.acquisition.gov/far/52.236-1 https://www.acquisition.gov/far/part-52#FAR_52_242_5 https://www.va.gov/oal/library/vaar/vaar852.asp#85221970 https://www.va.gov/oal/library/vaar/vaar852.asp#85221973 https://www.va.gov/oal/library/vaar/vaar852.asp#85221974 https://www.va.gov/oal/library/vaar/vaar852.asp#85221975 https://www.va.gov/oal/library/vaar/vaar852.asp#85223672 https://veterans.certify.sba.gov/ mailto:kara.evert@va.gov

(i) The submission shall be logically assembled and indexed. The proposal must be submitted as searchable PDF documents. Each volume must be clearly identified in the file name and include a title page (labeled with the offeror's organization and business address, and the VA solicitation number) and detailed table of contents. Include page numbers and the company name in the header or footer of each page.

(ii) The use of hyperlinks or embedded attachments within the proposal is prohibited. All proprietary information shall be clearly and properly marked. The proposal, in its entirety, must not exceed two emails (one email for each volume) of 5MB each. Proposal page limitations are not applicable to this procurement.

(iii) The proposal should be in Arial 12-point font or larger with no less than single-spaced text lines and normal proportional spacing. Page numbers, company logos, and headers and footers are not bound by the font requirements.

(iv) The proposal should use graphic presentations where such use will contribute to the compactness and clarity of the proposal. A smaller font size or fonts other than Arial are permitted in the presentation of graphic material, as long as the information is legible to the human eye.

2.5 PROPOSAL CONTENT

(a) Volume I - Price. The offeror must submit the Volume I Price proposal as indicated below. Failure to comply with all requirements may result in an offer being determined ineligible for award.

(1) Taxes. The offeror must take into account FAR 52.229-3, Federal, State, and Local Taxes and its Special Note in their pricing. The clause and note provide guidance on taxes being applied to pricing.

(2) Price schedule. The offeror must complete the price schedule starting on page 6 of the solicitation. Pricing shall be firm fixed price and submitted in whole dollar values.

(3) Construction cost breakdown. The offeror must submit a complete breakdown of the division pricing for Line Items 0001-0017 using the provided Construction Cost Breakdown form.

(4) Bid bond. The offeror must furnish a bid bond guarantee as stipulated in the solicitation (see section 1.2 Bid Bond Guarantee and FAR 52.228-1). The bid bond must be provided on Standard Form 24 and submitted as part of the electronic submission.

(b) Volume II - Administrative. The offeror must submit the Volume II Administrative proposal as indicated below. Failure to comply with all requirements may result in an offer being determined ineligible for award.

(1) Standard Form (SF) 1442. The offeror must complete and sign the “OFFER” section of the SF 1442 and include the company’s Unique Entity Identifier associated with SAM.gov in block 14.

(2) Acknowledgement of amendments. The offeror must acknowledge and agree to all amendments by either (i) completing block 19 of the SF 1442, or (ii) returning the signed amendment form(s) with the submission.

(3) Annual Representations and Certifications. The offeror is required to complete the annual representations and certifications electronically at https://sam.gov/. A separate copy of FAR 52.204-8 does not need to be completed and returned with the proposal.

https://sam.gov/

(4) Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. The offeror must provide their response to FAR 52.204-24(d) Representation, unless the requirements in the first paragraph of this provision have been met.

(5) Information Regarding Responsibility Matters. The offeror must provide their response to FAR 52.209-7(b).

(6) Violation of Arms Control Treaties or Agreements. The offeror must provide their response to FAR 52.209-13(b) Certification.

(7) Post-Award Small Business Program Rerepresentation. The offeror must provide their response to FAR 52.219-28(h), if applicable.

(8) Tax on Certain Foreign Procurements—Notice and Representation. The offeror must provide their response to FAR 52.229-11(d).

(9) VA Notice of Limitations on Subcontracting—Certificate of Compliance for Services and Construction. If submitting as an SDVOSB or VOSB concern, the offeror must complete and sign the certification in VAAR 852.219-75 and return it with their proposal. The completed and signed certification will become part of the official award documentation. A copy of the clause to be completed and included with the proposal is attached as a separate document (Limitations on Subcontracting - Construction).

(10) Notice to SDVOSB/VOSB Joint Venture/Mentor-Protégé. Any offeror submitting a proposal as an SDVOSB or VOSB joint venture must provide a certification from each joint partner, signed by an authorized official of each partner to the joint venture, stating that the parties to the joint venture (i) have entered into a joint venture agreement that fully complies with paragraph (c) of 13 CFR § 128.402 and

(ii) will perform the contract in compliance with the joint venture agreement. Failure to submit the certification with the offeror’s proposal may result in a determination that an offeror is unacceptable and therefore ineligible for award.

2.6 EVALUATION OF OFFERS

(a) Basis of award. Award will be made to the lowest price technically acceptable offeror whose proposal offers the most features of the work within the funds determined available by the Government.

To receive consideration for award, a rating of ACCEPTABLE must be achieved for the non-price factor detailed below. Evaluations will be based on the following factors:

(1) Compliance with Solicitation Requirements

(2) Price

(b) General.

(1) All proposals shall be subject to evaluation by a team of Government personnel. Proposals will be evaluated in accordance with the solicitation. The evaluation and rating of proposals will be conducted in strict confidence without knowledge of the price offered.

(2) The evaluation will be based on the content of the proposal and any subsequent discussions, if necessary. However, the Government reserves the right to award without discussions based upon the initial evaluation of the proposals.

(3) Proposals will be evaluated based on the factors described herein.

(4) Proposals which merely restate the requirement or state that the requirement will be met, without providing supporting rationale, are not sufficient. Offerors who fail to meet the minimum requirements of the solicitation will be determined unacceptable and thus, ineligible for award.

(c) Tier selection. An offeror’s proposal will be evaluated in the first tier at which it would qualify for award, starting with SDVOSBs.

(d) Evaluation process.

(1) Deductive line items in the price schedule shall be evaluated to determine the lowest priced offeror and the items to be awarded. The evaluation shall be made as follows—

(i) The Government will determine the amount of funds available for the project.

(ii) The lowest price shall be the offeror that—

(A) Is otherwise eligible for award; and

(B) Offers the lowest aggregate amount for the line item that provides the most features within the funds determined available. This amount will be the total evaluated price.

(iii) All offers shall be evaluated on the basis of the same deductive line items.

(2) The Contracting Officer will subsequently evaluate the offerors for the non-price factor.

(3) All offerors are advised that, in the interest of efficiency, the Government reserves the right to conduct the evaluation in the most effective manner. Specifically, the Government may first evaluate the total proposed price of all offerors. Thereafter, the Government will evaluate the proposal of the lowest priced offeror only. If the lowest priced offeror’s proposal is determined to be rated as Acceptable, the Government may make award to that offeror without further evaluation of the remaining offerors’ proposals, provided its price is determined to be fair and reasonable. If the lowest priced offeror’s proposal is determined to be rated as Unacceptable, then the Government may evaluate the next lowest priced proposal, and so forth and so on, until the Government reaches the lowest priced proposal that is determined to be rated as Acceptable with fair and reasonable pricing. However, the Government reserves the right to evaluate all offerors’ proposals should it desire to conduct discussions, or otherwise determine it to be in the Government’s best interest.

(e) Methodology. Information submitted will be reviewed to determine if the offeror’s rating is ACCEPTABLE or UNACCEPTABLE.

ACCEPTABLE is defined as: the offeror met the Government’s minimum requirements as identified in the solicitation.

UNACCEPTABLE is defined as: the offeror failed to meet the Government’s minimum requirements as identified in the solicitation.

(1) Factor 1, Compliance with Solicitation Requirements. The purpose of the compliance evaluation is to determine whether all items required in the solicitation were provided.

(2) Factor 2, Price. The purpose of the price evaluation is to provide an assessment of the fairness and reasonableness of the total evaluated price.

2.7 PRE-PROPOSAL SITE VISIT

A formal site visit has been scheduled for this project. This will be the only opportunity for potential offerors to visit the site. All potential offerors, subcontractors, and suppliers are strongly encouraged to attend this site visit. See FAR 52.236-27 in this solicitation and the attached documents (Site Visit Instructions and Site Visit Campus Map) for further information.

2.8 TECHNICAL QUESTIONS

Questions of a technical nature must be provided in writing and must be submitted by the prospective offerors to Contract Specialist Kara Evert. Questions must be submitted only via email to:

kara.evert@va.gov. The subject line must read: Montrose - Build New CLC - Technical Questions.

Oral questions of a technical nature are not acceptable due to the possibility of misunderstanding or misinterpretation. The cutoff date and time for receipt of questions is January 16, 2024, at 1:00

PM ET.

2.9 AMENDMENTS

Amendments to this solicitation will be posted at https://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 the offeror’s proposal being considered unacceptable and ineligible for award.

2.10 RESPONSIBILITY DETERMINATION

In accordance with FAR subpart 9.1, Responsible Prospective Contractors, a responsibility determination will be made for the apparent awardee prior to processing the award. The Contracting Officer reserves the right to request information to assist the Government in determining the apparent successful offeror responsible, including information regarding the offeror’s previous experience (including points of contact), organization (including company officers), technical qualifications, financial resources, and other information deemed necessary. NOTE: Any information received by the Government that would be cause for a negative determination of responsibility may make the offeror ineligible for award.

2.11 SYSTEM FOR AWARD MANAGEMENT (SAM)

The Federal Acquisition Regulation requires that federal contractors register in the System for Award Management (SAM) database at https://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 to be in compliance with the annual representations and certifications requirements (see FAR 52.204-7).

2.12 VETS 4212

Title 38 U.S.C. 4212(d), codified at 41 CFR 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 https://www.dol.gov/agencies/vets/programs/vets4212. Award cannot be made unless the awardee has mailto:kara.evert@va.gov https://sam.gov/ https://sam.gov/ https://www.dol.gov/agencies/vets/programs/vets4212 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 prior to awarding the project.

2.13 SUBCONTRACTING PLAN

(a) Small Business Subcontracting Plan. Each large business offeror shall provide a Small Business Subcontracting Plan that contains all of the elements required by FAR 52.219-9. If the large business does not have an approved Master Plan or approved Commercial Plan, then an Individual Subcontracting Plan must be submitted that includes an assurance that small businesses will be given the maximum practicable opportunity to participate in contract performance. The Subcontracting Plan is not a requirement for evaluation in source selection, but rather, a requirement for award to a large business, and the Plan, as negotiated, will be incorporated into any resultant contract. Upon request by the CO, the apparent successful offeror (if a large business) shall submit and negotiate a subcontracting plan. Plans are NOT to be submitted with initial proposals.

(b) The subcontracting plan must address all requirements defined in FAR 19.704, Subcontracting plan requirements, including proposed subcontracting to SDVOSBs or VOSBs. The 2022 VA subcontracting goals listed below are based upon total procurement dollars expended and are the suggested minimum goals for VA administered subcontracting plans.

Small Business 17.5%

Veteran Owned Small Business 7.0%

Service-Disabled Veteran-Owned Small Business 5.0%

Small Disadvantaged Businesses (includes Section 8(a)) 5.0%

Woman-Owned Small Business 5.0%

Historically Underutilized Business (HUB) Zone Small Business 3.0%

2.14 REVIEW OF REQUIRED REGISTRATION WITH CONTRACTOR

PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)

(a) As prescribed in FAR 42.1502(e), the VA evaluates contractor past performance on all construction contracts that exceed $750,000 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 is available to all Federal agencies and is the system used to collect and retrieve performance assessment reports used in source selection determinations.

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.

(b) Each contractor whose contract award is estimated to exceed $750,000 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.

http://www.cpars.gov/

Registration should occur no later than 30 days after contract award and must be kept current should there be any change to the contractor’s registered representative.

(c) 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 must be assigned in CPARS to the contractor’s designated representative for comment. The contractor representative will have 30 days to submit any comments and re-assign the report to the VA Contracting Officer.

(d) Failure to have a current registration in the CPARS database, or to re-assign the report to the VA Contracting Officer within those 30 days, will result in the Government’s evaluation being placed on file in the database with a statement that the contractor failed to respond.

2.15 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 is commensurate with the level of access needed to perform all work as identified in the solicitation documents. 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. Please be advised that the awardee will need to coordinate with the VA Medical Center concerning badging requirements. If the site requires an investigation, the contractor must follow VA Directive 0710.

2.16 REFERENCES TO VA ENGINEER, RESIDENT ENGINEER, OR PROJECT

MANAGER

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

2.17 REFERENCES TO BIDS/BIDDERS

Within the solicitation/contract specifications and/or drawings, any reference to “bid” must be replaced with “proposal” and any reference to “bidder” must be replaced with “offeror.”

2.18 52.215-1 INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITION

(NOV 2021)

(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…

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