S02_SOLICITATION_36C25623R0101_07132023.pdf

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.

36C25623R0101

X

07-14-2023

564-18-105

Department of Veterans Affairs

Network Contracting Office 16

5075 Westheimer Road, Suite 750

Houston TX 77056-5643

Department of Veterans Affairs

MADELINE ALLISON 713-791-1414 ext. 41069

Note: Any reference contained herein concerning "bid" or "bidder" means "offer" or "Offeror" This procurement is 100% set-aside for ervice-Disabled Veteran-Owned Small Businesses (SDVOSBs) under Public Law (PL) 109-461. Offerors must be verified as a SDVOSB in VetCert Vendor Information Pages athttps://www.veterans.certify.gov. Offers received from contractors who are not SDVOSB verified in VetCert will not be considered for award.

Federal Acquisition Regulations require that Federal Contractors register in the System for Award Management (SAM) database at https://www.sam.gov and enter all mandatory information into the system. Award cannot be made until the contractor has registered in SAM prior to submitting a proposal.

Project: 564-18-105 Replace Windows and Doors B4,B5,B6,and B7.

Veterans' Healthcare System of the Ozarks (VHSO), Fayetteville, AR 72703

SITE VISIT: Please see information in solicitation provision FAR 52.236-27 SITE VISIT (CONSTRUCTION) ALTERNATE 1.

Forward all questions to the Contracting Specialist within 7 calendar days after site visit or as otherwise stated by amendment. All questions and answers will be posted by amendment within 7 days after the due date of the questions.

MAGNITUDE OF CONSTRUCTION PROJECT: In accordance with FAR 536.204 and VAAR 836.204 DISCLOSURE OF THE MAGNITUDE OF

CONSTRUCTION PROJECTS, the above-described projects fall between the following price range:

Between $1,000,000 and $5,000,000.

NAICS CODE: 236220; Commercial and Institutional Building Construction

SMALL BUSINESS SIZE STANDARD: $45.0M

GEOGRAPHICAL AREA WHERE WORK IS TO BE PERFORMED: Fayetteville, Arkansas

IAW FAR 52.232-18 award is contingent upon the availability of appropriated funds.

***NOTE*** OFFERORS MUST SUBMIT CONTRACTOR EVALUATION FORM CONSTRUCTION SAFETY AS PART OF THE OFFER PACKAGE

The Government does not compensate for proposal development and submission.

10 570

X X 52.211-10

X emailed 2:00 Local time

08-17-2023

X

14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

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

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY

PHONE: FAX:

28. NEGOTIATED AGREEMENT 29. AWARD Your

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

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

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

TO SIGN

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

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

(Include ZIP Code) (Include area code)

(Include only if different than Item 14.)

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

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

(Type or print)

(4 copies unless otherwise specified)

(Type or print) (Type or print)

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

(Contractor is not required to sign this document.)

(Must be fully completed by offeror)

(To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

Department of Veterans Affairs

FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp

Invoice Setup Information 1-877-489-6135

Invoice must be submitted electronically

Andy Apolinar, Contracting Officer

CONTINUATION OF SF 1442 BLOCK # 17 CONTINUED

The Base Offer for CLIN 0001 includes all materials, labor, equipment and supervision to

Replace Windows and Doors for Building B4, B5, B6, and B7 at the Veteran Healthcare System of the Ozarks (VHSO) located in Fayetteville, AR. The required removal and replacement of all the exterior window and hardware, exterior doors and hardware, and sunroom structures in the historic buildings 4,5,6, and 7 including, but not limited to, the dormers in building 4 due to the age and repeated exposure to the elements. Contractor is responsible to verify existing and new dimensions, locations and quantities to complete this project located on the VHSO Main

Campus, 1100 N. College Avenue, Fayetteville, AR 72703. All work shall meet code and be performed in accordance with the contract and any applicable drawings and specifications.

The government intends to make a single award on the Base Bid, CLIN 0001, CLIN 002, CLIN

003, CLIN 004 without discussions to the offeror whose proposal conforms to the solicitation requirements and is determined to provide the "Best Value" to the Government in accordance with Federal Acquisition Regulation (FAR) Part 15. The Government reserves the right to cancel this action is in its entirety or to reject any or all offers if such action is in the Government's best interest.

A single award will be made on CLIN 001, but in the event the offer exceeds the funds available, a single award will be made on CLIN 002, CLIN 003, or CLIN 004, in that order, based on available funding. The line items in descending order of importance. Offerors shall provide a total contract price on each line item listed.

PERIOD OF PERFORMANCE – 570 CALENDAR DAYS AFTER RECEIPT OF NOTICE TO

PROCEED.

CLIN 0001: BASE OFFER ITEM - GENERAL CONSTRUCTION: The Contractor shall provide all necessary tools, labor, materials, equipment, permits, license, and supervision to “Replace

Windows and Doors for Building B4, B5, B6, and B7,” Project Number 564-18-105, located at the Veterans Healthcare System of the Ozarks in Fayetteville, AR, in accordance with the drawings and specifications. Work includes, but is not limited to, removal and replacement of all the exterior windows and hardware, exterior doors and hardware, and sunroom structures in the historic Buildings 4,5,6, and 7 including, but not limited to, the dormers in Building 4 located on the main campus of the Veterans Healthcare Systems of Ozarks (VHSO). The contractor is responsible to verify existing and new dimensions, locations, and quantities to complete this project.

CLIN 0001, Base Bid – General Construction: $______________________________

** Offeror shall complete a price breakdown by Specification Divisions for CLIN 0001 with initial proposal. Any bidder/offeror failing to submit the breakdown will automatically render the proposal technically unacceptable and the offer will not be considered for award.

CLIN 0002- Deduct Alternate #1- Complete work described in Bid Item 1, except delete work associated with Building 6:

CLIN 0002- Deduct Alternate 1 $_____________________________

** Offeror shall complete a price breakdown by Specification Divisions for CLIN 0002, upon request.

CLIN 0003- Deduct Alternative #2- Complete work described in Bid item 1, and as modified in

Bid Item 2, except delete work associated with Building 7:

CLIN 0003 – Deduct Alternate 2 $ ______________________________

** Offeror shall complete a price breakdown by Specification Divisions for CLIN 0003, CLIN 0004- Deduct Alternative #3- Complete work described in Bid item 1, and as modified by

Bid Items 2 and 3, except delete work associated with Building 5:

CLIN 0004 – Deduct Alternate 3 $ _______________________________

** Offeror shall complete a price breakdown by Specification Divisions for CLIN 0004, CONTINUATION OF SF 1442 BLOCK #17 CONTINUED

Project: 564-18-105 Replace Windows and Doors B4,B5,B6, and B7.

MATERIAL LABOR EQUIPMENT TOTAL

DIVISION 00: SPECIAL SECTIONS

DIVISION 01: GENERAL REQUIREMENTS

DIVISION 02: EXISTING CONDITIONS

DIVISION 03: CONCRETE

DIVISION 04: MASONRY

DIVISION 05: METALS

DIVISION 06: WOOD, PLASTICS & COMPOSITES

DIVISION 07: THERMAL & MOISTURE PROTECTION

DIVISION 08: OPENINGS

DIVISION 09: FINISHES

DIVISION 10: SPECIALTIES

DIVISION 11: EQUIPMENT

DIVISION 12: FURNISHINGS

DIVISION 13: SPECIAL CONSTRUCTION

DIVISION 14: CONVEYING EQUIPMENT

DIVISION 21: FIRE SUPPRESSION

DIVISION 22: PLUMBING

DIVISION 23: HVAC

DIVISION 25: INTEGRATED AUTOMATION

DIVISION 26: ELECTRICAL

DIVISION 27: COMMUNICATIONS

DIVISION 28: ELECTRONIC SAFETY AND SECURITY

DIVISION 31: EARTHWORK

DIVISION 32: EXTERIOR IMPROVEMENTS

DIVISION 33: UTILITIES

DIVISION 34: TRANSPORTATION

DIVISION 48: ELECTRICAL POWER GENERATION

SUBTOTAL COST:

GENERAL LIABILITY / INSURANCE:

OVERHEAD & PROFIT:

BOND:

PROJECT TOTAL COST:

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

CONTINUATION OF SF 1442 BLOCK # 17 CONTINUED

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

1.1 52.216-1 TYPE OF CONTRACT (APR 1984)

1.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE

OF THE WORK (MAY 2014)

1.3 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION

MATERIALS (MAY 2014)

1.4 52.228-1 BID GUARANTEE (SEP 1996)

1.5 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE)

(FEB 2021)

1.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

1.7 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

1.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

1.9 VAAR 852.223-70 INSTRUCTIONS TO OFFERORS—SUSTAINABLE

ACQUISITION PLAN (SEP 2019)

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

1.11 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION (OCT 2018)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023) ..23

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)

GENERAL CONDITIONS

4.1 SUPPLEMENTAL INSURANCE REQUIREMENTS

4.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984)

4.3 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(MAR 2023)

4.4 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (OCT 2022)

4.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

4.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

4.8 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED SERVICE-

DISABLED VETERAN-OWNED SMALL BUSINESSES (NOV 2022)

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

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

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

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

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

4.12 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

4.13 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(APR 2019)

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

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

4.16 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT

ADMINISTRATION (OCT 2020)

4.17 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ..55

4.18 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT

(SEP 2019)

Attachments…………………………………………………………………………………….57

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO

BIDDERS/OFFERORS

GENERAL PROPOSAL INFORMATION

GENERAL PROPOSAL INFORMATION

Project: 564-18-105 – REPLACE WINDOWS AND DOORS B4, B5, B6, AND B7.

Issuing Office: NCO 16 Location of Project: Veterans Healthcare System of the Ozarks, Fayetteville, AR Point of Contact: Madeline Allison, Contract Specialist, NCO 16 – Houston, Tx E-mail: madeline.allison@va.gov

a. Service-Disabled Veteran-Owned Small Business Verification: This action is a 100% set aside for verified Service-Disabled Veteran Owned Small Businesses

(SDVOSB). The award of this solicitation shall not be delayed due to loss of

SDVOSB verification. Proposals submitted by non-verified SDVOSB shall be excluded from award consideration. Offerors must be registered in the System for Award Management (SAM) and verified as a SDVOSB in the VetCert Vendor

Information Pages (VIP) at http://www.veterans.certify.gov. Offerors received from contractors who are not verified as a SDVOSB in VetCert at the time of offer submission and at the time of contract award will be considered non-responsive and will not be considered for award.

b. SYSTEM FOR AWARD MANAGEMENT (SAM): SAM has replaced the Central

Contractor Registration (CCR), Online Representations and Certifications

Application (ORCA) and the Excluded Parties List System (EPLS). Federal

Acquisition Regulations require that federal contractors register in the SAM database at https://www.sam.gov and enter all mandatory information into the system. Award cannot be made until the contractor has registered. Offerors are encouraged to ensure that they are registered in SAM prior to submitting their bid. Completion of Representations and Certifications shall consist of completion of annual representations and certifications electronically via SAM. It is not necessary to complete and return as a part of the offer package FAR 52.204-8, Annual Representations and Certifications, contained in this solicitation unless offeror identifies changes in FAR 52.204-8(d).

c. VETS-4212: Title 38, USC Section 4212(d) and Public Law 105-339, requires that federal contractors report, at least annually, the number and category of veterans who are within their workforce. This VETS-4212 report can be submitted per the instructions at https://www.dol.gov/agencies/vets/programs/vets4212. For assistance contact

VETS-4212 customer support at 1-866-237-0275 or vets4212-customersupport@dolncc.dol.gov. For procurement awards in excess of

$150,000, this report must be completed and accepted prior to any Federal http://www.veterans.certify.gov/ https://www.dol.gov/agencies/vets/programs/vets4212 mailto:vets4212-customersupport@dolncc.dol.gov mailto:vets4212-customersupport@dolncc.dol.gov contract award. Therefore, all potential contractors are encouraged to file every year.

d. Past Safety Record: VHA DIRECTIVE 2011-036 SAFETY AND HEALTH

DURING CONSTRUCTION requires that Contracting Officers evaluate and consider past safety records of prospective contractors in awarding contracts.

OFFERORS SHALL ATTACH CONTRACTOR EVALUATION FORM

CONSTRUCTION SAFETY AS A PART OF THE OFFER PACKAGE.

All offerors shall submit information pertaining to their past Safety and

Environmental record using attached Contractor Evaluation Form. The information must show that the offeror has no more than three (3) serious, or one

(1) repeat or one (1) willful OSHA violation(s) in the past three years. If those totals are exceeded, the offeror shall attach an explain why and submit as much information as possible regarding the circumstances of its past safety and environmental record, including the number of EPA violations and/or the number of serious, repeat, and/or willful OSHA violations, along with a detailed description of those violations.

All offerors shall submit information regarding their current Experience

Modification Rate (EMR). This information shall be obtained from the offeror’s insurance carrier and be furnished on the insurance carrier’s letterhead. If an offeror’s EMR is above 1.0, offeror must attach a written explanation of the EMR from its insurance carrier furnished on the insurance carrier’s letterhead, describing the reasons for the EMR, and the anticipated date the EMR may be reduced to 1.0 or below.

Self-insured contractors or other contractors that cannot provide their EMR rating on insurance letterhead must obtain a rating from the National Council on

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

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

This requirement is applicable to all subcontracting tiers, and prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors

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

OFFERORS WHO FAIL TO SUBMIT CONTRACTOR EVALUATION FORM AND

THE ADDITIONAL REQUIRED INFORMATION AS A PART OF THEIR

PROPOSAL PACKAGE WILL BE EXCLUDED FROM AWARD

CONSIDERATION IF AWARD IS MADE WITHOUT DISCUSSIONS.

e. Site Visit: An organized site visit is scheduled as shown in clause 52.236-27.

Only one site visit will be conducted. Attendance at the site visit is not mandatory, but highly suggested for proper proposal preparation. Information provided at the site visit shall not alter the terms and conditions of the solicitation and specifications. Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing.

f. Requests for Information (RFIs): RFI’s are due no later than (NLT) 2:00 PM

CST Time 01 August 2023 or as amended and will not be accepted after this date. RFI’s should be submitted by email to the Contract Specialist, Madeline Allison at madeline.allison@va.gov. Responses will be provided by amendment to the solicitation in a question-and-answer format within 7 days of

RFI submission due date. Example: Subject Line of the RFI e-mail should be as follows: Company Name, RFI #1, 36C256-23-R-0101 and Project Title:

Replace Windows and Doors B4,B5,B6, and B7.

g. Proposal Due Date: Proposals are due NLT the date/time shown in Block 13a of Standard Form (SF) 1442. All proposals will be submitted by email to madeline.allison@va.gov

h. Magnitude of Construction: Pursuant to VAAR 836.204 the magnitude of construction is between $1,000,000.00 and $5,000,000.00.

i. North American Industry Classification (NAICS) code: The applicable NAICS code for this procurement is 236220 Commercial and Institutional Building

Construction. The Small Business size standard is $45.0 Million.

j. Wage Determination (WD): The applicable Davis Bacon WD for this solicitation is incorporated as an attachment to this solicitation.

k. Period of Performance: The successful offeror shall begin performance within

10 calendar days after receiving the notice to proceed and complete all work within the time specified in the award. All punch list items must be completed during the established period of performance.

l. Funding: Award is contingent upon the availability of appropriated funds. The

Government does not compensate vendors for proposal development and submission.

mailto:madeline.allison@va.gov mailto:madeline.allison@va.gov

m. Superintendence: The offeror shall provide, from their own staff, a competent

30-hour OSHA certified superintendent. This individual shall be 100% full time dedicated to supervision and assigned to this project while work is being performed on site. The offeror shall not divide or split up their superintendence duties among multiple projects at the same facility. Each project stands alone and requires a dedicated superintendent to be allocated and funded to that particular project.

n. Holidays: The following federal holidays are observed:

New Year's Day

Martin Luther King Jr.’s Birthday

President's Day

Memorial Day

Juneteenth

Independence Day Labor Day

Columbus Day

Veterans Day

Thanksgiving Day

Christmas Day

Any other holiday proclaimed by the President as a Federal Holiday.

When a holiday falls on a Sunday, the following Monday will be observed as a legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed by U.S. Government agencies.

o. Contractor Performance Assessment Reporting System (CPARS):

Upon completion of contract performance and annually if performance is longer than 365 days, the Contracting officer will evaluate contractor performance for use in future contract award decisions. The Contractor shall be provided an opportunity to comment on the contracting officer’s evaluation. If you wish to familiarize yourself with this system, you can find it at https://www.cpars.gov/.

The government retains the evaluations, contractor responses, and review comments, if any, as part of the contract file. The evaluations are available for

Federal Agencies for support of future award decisions through CPARS.

The contractor must provide the contracting officer with the name and email address of the contractor CPARS POC. This is the person responsible for responding to these evaluations. This person will be granted access to CPARS during the award and assigned the system role of contractor representative (CR).

https://www.cpars.gov/

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE

AND BONDS

PROPOSAL PREPARATION AND EVALUATION INFORMATION

This part describes the precise mechanism for evaluating and selecting offers for this procurement for:

PROJECT NO. 564-18-105 – REPLACE WINDOWS AND DOORS BLDG B4, B5, B6, AND

B7.

To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Proposals must be complete, self-sufficient, and respond directly to the requirements of this solicitation. Offerors are required to meet all solicitation requirements. The

Government reserves the right to make a final determination on a proposal’s acceptability/ unacceptability solely on the basis of the proposal submitted and to proceed without requesting additional information. Failure to meet a requirement may result in an offer being removed from consideration for award.

Offerors must provide all requested information for each factor. Proposals must address each element of the factors as applicable to be considered responsive to this solicitation. Factor headings should be highlighted in yellow or typed in bold text for identification. It is the offeror’s responsibility to ensure the submitted proposal is in the proper format and the provided information is clear and free of ambiguities.

Offeror’s proposal should contain the offeror’s best terms from a price standpoint. Offerors are cautioned to submit sufficient information and, in the format, specified in the proposal instructions. Communication conducted to resolve minor or clerical errors would not constitute discussions and the Contracting Officer reserves the right to award a contract without the opportunity for proposal revisions or discussions.

THE GOVERNMENT RESERVES THE RIGHT TO AWARD TO OTHER THAN THE

OFFEROR WITH THE LOWEST PRICED PROPOSAL OR HIGHEST RATED TECHNICAL

PROPOSAL.

Offers will be evaluated using the evaluation factors listed. It is the offeror's responsibility to ensure the completeness of the proposal. The SSEB may evaluate solely on the information provided in the initial proposal and will not assume that an offeror possesses any capability that is not specifically identified in the proposal.

a. The objective of the source selection is to select the offer that represents the best value to the Government. In order to select the offeror representing the best value, the

Government will rate the offers by conducting a comparative assessment of all acceptable offers against source selection criteria in the solicitation. Benefits associated with additional costs will be identified and considered by trading off difference in capability and price. If one offeror has better capability and lower price, then that will be the better value. If one offeror has the better capability and the higher price, then the source selection authority (Contracting Officer) will decide when the difference in capability is worth the difference in price.

NOTE: Price will be evaluated but not ranked by CO.

b. If the source selection authority considers the better capability to be worth the higher price, then the more capable higher-priced offeror will be the better value. If not, then the less capable, lower priced offer will be the better value. The source selection authority will continue to make capability and price trade-offs until he has decided which offeror represents the best value to the Government. Therefore, the source selection may result in the contract being awarded to other than the lowest priced offeror or other than the highest technically rated offer.

Proposal size will be limited as shown and font/size shall be no smaller than Times New Roman

11. Page limits are for single sheets of paper and may be double-sided. If these page limits are exceeded, the pages in excess of the limit will not be read or considered.

VOL TITLE COPIES PAGE LIMITS

I TECHNICAL

PROPOSAL

1 25*

II PAST

PERFORMANCE

1 25*

III PRICE 1 Completed SF

1442/SF 1442 Back with acknowledgement of amendments and completed schedule of Offer items.

In accordance with FAR 15.306(b)(1)(i), communications may be held with offerors before establishment of the competitive range if the offerors past performance information is the determining factor preventing them from being placed within the competitive range. If discussions are required, the CO will establish a competitive range of the most highly rated proposals and will then enter into negotiations and will allow for Final Proposal Revisions. Final proposal revisions shall be submitted as specified except as noted below and will be due at a time and place to be determined.

*EXHIBIT A- PERFORMANCE RELEVENCY SURVEY and coverages do not count against the

25- page limit for past performance.

Relative Weight of Evaluation Factors: Evaluations: - Factor 1 (Technical Factor) is more important than Factor 2 (Past Performance). All Non-Priced Factors (Technical and Past

Performance), when combined, are more important than Price (Factor 3) as indicated below:

EVALUATION FACTORS

Factor 1— Technical: Construction Management

Technical Evaluation for Construction Management will be based on the following significant subfactors which are of equal importance:

SUBFACTORS:

Subfactor 1a. Corporate Construction Project Capability, Specialized Equipment schedule completion, and proposed efficiency techniques. .

Subfactor 1b. Key Project Personnel Construction Experience; and

Subfactor 1c. Technical/Management Approach

1a. Corporate Construction Project Capability:

Offeror shall demonstrate capability by providing a list of ongoing government and nongovernment projects to include the current status of these projects. Provide personnel/equipment availability to indicate sufficient capability and demonstrate techniques for maintaining on-time schedule performance to include a detailed phasing plan and proposed schedule for this project. Offerors shall provide a confirmation letter from an acceptable Surety, indicating their company’s bonding capacity and amount currently used. The acceptability standards for Factor 1- Subfactor 1a, are a minimum of five (5) years’ experience and completion of government projects of similar size, scope, and complexity in three (3) to five (5) of the offerors current or completed contracts.

1b. Key Project Personnel Construction Experience: Provide the names of the offeror’s proposed project management personnel (i.e., Site Superintendent, Project

Manager,) along with a description of the individual’s experience and a list of successfully completed at a minimum, three (3) to five (5) projects of similar size, scope, and complexity (in similar working conditions) within the last five (5) years from proposal issuance date. Superintendent shall have a minimum of three (3) years of experience managing or supervising multiple projects of similar size and scope. If the person listed as proposed superintendent is not a current employee of the offeror but intends to become one upon award of the contract, OFFEROR SHALL SUBMIT A COPY OF A

COMMITMENT LETTER FROM THAT PERSON AS A PART OF THE TECHNICAL

PROPOSAL to verify offeror will be hiring him/her, and he/she intends to accept the position. The acceptability standards for factor 1 subfactor 1b, are personnel construction experiences (as described above), and a minimum of five (5) years’ experience and completion of government projects of similar size, scope, and complexity in three (3) to five (5) of the offerors current or completed contracts.

1c. Technical/Management Approach: Contractor shall provide a list of subcontractors that includes the subcontractor’s company name, and the number of years’ experience in similar construction projects, who will perform work on this project. Contractor shall explain how the project will be accomplished with no displacement of personnel in

Buildings 4,5,6, and 7. Contractor shall demonstrate a clear understanding of the project requirements including critical milestones and critical path. Contractor shall provide a detailed explanation as to how the project will be implemented and managed to ensure compliance with all Occupational Safety and Health Administration (OSHA) Construction

Standards, and Fire and Life Safety issues, and security measures. Contractor shall provide a site-specific Quality Control Plan describing techniques for maintaining quality control for workmanship. Provide a list of sub-contractors that your firm intends to use for this project with similar scope, and complexity within the last five (5) years, from the date the solicitation was issued. The acceptability standards for Factor 1- Subfactor 1c, is a minimum of three (3) years’ experience within the last five (5) years, in projects with similar scope, and complexity and a minimum of five (5) years’ experience and completion of government projects of similar size, scope, and complexity in three (3) to five (5) of the offerors current or completed contracts.

4.1 Factor 2 — Past Performance:

The Offeror shall demonstrate recent (within the last five years from proposal issuance date) successful performance under contracts (substantially completed or completed) which are similar in scope, magnitude, and complexity to the subject requirement via SUBMISSION

WITH PAST PERFORMANCE PROPOSAL OF EXHIBIT A PERFORMANCE RELEVANCY

SURVEY. Submit Exhibit “A” on no less than 3 (three) projects, attach information on problems encountered and corrective actions, and a minimum of three (3) Contractor

Performance Assessment Reporting System (CPARS) satisfactory or above ratings in the last 7 (seven) years; within three (3) of the evaluated areas. Offerors shall clearly indicate work performed which is directly related to the scope of work for this project.

Offeror shall provide the following information for each contract/project submitted for evaluation:

• Company Name/Address/Phone number/Email Address

• Project Title

• Contracting Office/Government Agency

• Contract Number

• Total Contract Amount

• Period of Performance

• Contracting Officer (CO) name, Phone Number and Email

• Contracting Officer’s Representative (COR) Name, Phone number, and email address

• Brief Description of the Project /Requirements and number of personnel assigned to the project.

The Government may evaluate Past Performance information through the use of Exhibit A;

use data independently obtained from other Government or commercial sources, including, but not limited to, Government databases; and/or rely upon personal business experience with the offeror. The evaluation may take into account Past Performance information regarding predecessor companies, key personnel who have relevant experience, and/or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to this acquisition. Past Performance information on contracts not listed by the offeror, or that of planned subcontractors, may also be evaluated. The

Government may contact references and contact parties other than those identified by the offeror, and information received may be used in the evaluation of the offeror’s Past

Performance. While the Government may elect to consider data obtained from other sources, the burden of providing current accurate and complete Past Performance information rests with the offeror. The Government reserves the right to obtain and evaluate

Past Performance information from any source it deems appropriate. Past Performance information on contracts not listed by the offeror, or that of planned subcontractors, may also be evaluated. The Government may contact references and contact parties other than those identified by the offeror, and information received may be used in the evaluation of the offeror’s Past Performance. While the Government may elect to consider data obtained from other sources, the burden of providing current accurate and complete Past Performance information rests with the offeror. The Government reserves the right to obtain and evaluate

Past Performance information from any source it deems appropriate.

Offerors without a record of relevant past performance will be assigned a neutral rating in accordance with FAR 15.305(a)(2)(iv). However, the proposal of an offeror with no relevant

Past Performance history, while rated “Neutral” in Past Performance, may not represent the most advantageous proposal to the Government and thus, may be an unsuccessful offer when compared to the proposal of other offerors.

In accordance with FAR 15.306(a)(2), if award will be made without conducting discussions, an offeror may be given the opportunity to clarify certain aspects of their proposal (i.e., the relevance of an offeror's past performance information) as related to this acquisition, address adverse past performance information to which the offeror has not previously had an opportunity to respond or to resolve minor clerical errors.

4.2 Factor 3 - Price:

The purpose of the price evaluation is to provide an assessment of the completeness and reasonableness of the proposed price in relation to the solicitation requirements. Offerors shall submit pricing in the Schedule and on the SF1442 Back as a part of their price proposal. Price proposals will be evaluated to determine if the prices and support costs areas are:

(1) Complete – The proposal contains costs to perform all tasks required by the

Statement of Work (SOW), Specifications, and Design Drawings if provided.

(2) Reasonable – The price is determined fair and reasonable using price analysis techniques described in FAR 15.404.

Each proposal will be evaluated to determine whether it complies with the stated criteria.

Those proposals evaluated as not satisfying all the price criteria may be eliminated from consideration for award unless the SSA determines:

a. A minor clerical error has occurred, then the offeror may be given an opportunity to correct the minor error within the constraints of the "clarifications" process; or

b. After the non-price factors have been evaluated and rankings have been established, price will be compared against these rankings to determine the combination most advantageous to the Government. The evaluation of price will be based on each offeror’s price proposed. A competitive range will be established if discussions are necessary as determined by the SSA. Should the SSA determine that discussions are necessary, they will be held with only those offerors determined to be in the competitive range. Any proposal that does not have a reasonable chance of receiving award may be accordingly eliminated from competition and further evaluation. Responsibility determinations will be made In Accordance

With (IAW) FAR 9.1, Responsible Prospective Contractors prior to award of contract.

BASIS FOR CONTRACT AWARD: The Government intends to award to the offeror whose proposal is determined to provide the "Best Value" to the Government based upon technical evaluations, SSEB consensus ratings, price evaluation, and overall evaluation by the SSA who will document their decision into a source selection decision document using the evaluation criteria in the solicitation in accordance with Federal Acquisition Regulation (FAR) Part 15. The

Government reserves the right to reject any or all offers if such action is in the Government's best interest.

1.1 52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of Provision)

1.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—

SECONDARY SITE OF THE WORK (MAY 2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

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

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

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

(End of Provision)

1.3 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—

CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material,"

"domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American—Construction Materials"

(Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the

Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the

Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

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

(d) Alternate offers.

(1) When an offer includes foreign solicitation in paragraph (b)(2) of the clause at FAR

52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

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

(ii) May be accepted if revised during negotiations.

(End of Provision)

1.4 52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury

Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be percent of the bid price or , whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of Provision)

1.5 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID

GUARANTEE) (FEB 2021)

(a) Offerors shall obtain from each person acting as an individual surety on a bid guarantee—

(1) A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203–1; and

(2) Standard Form 28, Affidavit of Individual Surety.

(b) The Offeror shall include with its offer the information required at paragraph (a) of this provision within the timeframe specified in the provision at FAR 52.228–1, Bid Guarantee, or as otherwise established by the Contracting Officer.

(c) The Contracting Officer may release the security interest on the individual surety’s assets in support of a bid guarantee based upon evidence that the offer supported by the individual surety will not result in contract award.

(End of Provision)

1.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government

Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

ANDRES APOLINAR

Hand-Carried Address:

VHSO

Network Contracting Office (NCO) 16 2575 N. Keystone Crossing Fayetteville AR 72703 Mailing Address:

VHSO

Network Contracting Office (NCO) 16 2575 N. Keystone Crossing Fayetteville AR 72703

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

(End of Provision)

1.7 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—

25 July 2023 @10:00am Local Time

(c) Participants will meet at—

VHSO BLDG 21, 1100 N COLLEGE AVE, FAYETTEVILLE, AR 72703

(End of Provision)

1.8 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/browse/index/far https://www.va.gov/oal/library/vaar/

FAR

Number

Title Date

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING

AUG 2020

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL JAN 2017

52.215-1 INSTRUCTIONS TO OFFERORS—COMPETITIVE

ACQUISITION

NOV 2021

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION

TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR

CONSTRUCTION

FEB 1999

52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE

AND REPRESENTATION

JUN 2020

52.236-28 PREPARATION OF PROPOSALS—CONSTRUCTION OCT 1997

1.9 VAAR 852.223-70 INSTRUCTIONS TO OFFERORS—SUSTAINABLE

ACQUISITION PLAN (SEP 2019)

Offerors shall include a Sustainable Acquisition Plan in their technical proposals. The plan must describe the approach and quality assurance mechanisms for applying FAR subpart 23.1, Sustainable Acquisition Policy and other Federal laws, regulations and Executive Orders governing sustainable acquisition. The plan shall clearly identify those products and services included in the proposal.

(End of Provision)

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

(a) As an alternative to filing a protest with the Contracting Officer, an interested party may file a protest by mail or electronically with: Executive Director, Office of Acquisition and Logistics, Risk Management and Compliance Service (003A2C), Department of Veterans Affairs, 810

Vermont Avenue NW, Washington, DC 20420 or Email: EDProtests@va.gov.

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

(End of Provision)

1.11 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION (OCT 2018)

(a) Any protest filed by an interested party shall—

(1) Include the name, address, fax number, email and telephone number of the protester;

(2)…