S06_36C25526R0129_-_Amendment_0001_legal.pdf

5. PROJECT NUMBER (if applicable)

CODE 7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER 3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO. 1. CONTRACT ID CODE

FACILITY CODE CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR

ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office. is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES

SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER 16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30 PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243

(Type or print) (Type or print)

(Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code)

(If other than Item 6)

(Specify type of modification and authority)

(such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer)

1 23

0001 07-29-2026

657A5-21-401

36C255

Department of Veterans Affairs

Network Contracting Office (NCO) 15

3450 S 4th Street Trafficway

Leavenworth KS 66048

36C255

Department of Veterans Affairs

Network Contracting Office (NCO) 15

3450 S 4th Street Trafficway

Leavenworth KS 66048

To all Offerors/Bidders

36C25526R0129

07-27-2026

X

X X

See CONTINUATION Page

Project No. 657A5-21-401, Construct New Campus Chiller Plant at Marion VA Medical Center, Marion Illinois.

The above solicitation is amended as follows:

a. The referenced FAR in block 10 line #5 is changed from "Federal Acquisition Regulation (FAR) 15.103-1, Best Value-

Tradeoff Source Selection Process" to "Revolutionary FAR Overhaul FAR 15.103-1, Tradeoff Approach".

b. To replace previously published Instructions to Offerors in its entirety with the attached Instructions to Offerors.

Please make sure to use the attached copy to submit your proposals.

c. A new copy of the VAAR 852.219-75 is provided. Please use this attached copy to submit with your proposal.

d. To provide a Past Performance Questionnaire form for past performance evaluation as needed for contractors' use for technical evaluation factor #2 as attached.

e. All other terms and conditions remain unchanged.

Table of Contents

A.1 PRICE/COST SCHEDULE

ITEM INFORMATION

A.2 DELIVERY SCHEDULE

A.3 INSTRUCTIONS TO OFFERS

A.4 VAAR 852.219-75 VA Notice of Limitation On Subcontracting

852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE

OF COMPLIANCE FOR SERVICES AND CONSTRUCTION

(JAN 2023) (DEVIATION)

A.5 List of Attachments

A.1 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

T UNIT PRICE AMOUNT

1.00 JB _______________

657A5-21-401, CONSTRUCT NEW CAMPUS CHILLER

PLANT CONSTRUCTION SERVICES, DRAWINGS AND

SPECIFICATIONS.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 236220 - Commercial and Institutional Building Construction PRODUCT/SERVICE CODE: Z2DA - Repair or Alteration of Hospitals and Infirmaries

GRAND TOTAL _______________

A.2 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001 SHIP TO: Department of Veterans Affairs Marion VA Medical Center 2401 W. Main St.

Marion, IL 62959

USA

1.00

MARK FOR: Maria Hoover 913-946-1127 maria.hoover@va.gov

A.3 INSTRUCTIONS TO OFFERS

PROPOSAL SUBMITTAL INSTRUCTIONS

COMPETITIVE NEGOTIATED ACQUISITION-TRADEOFF APPROACH

SOLICITATION: 36C25526R0129

PROJECT: CONSTRUCT NEW CAMPUS CHILLER PLANT, P/N 657A5-21-401

LOCATION: Marion VA Medical Center, Illinois

1. PREPARATION AND SUBMITTAL OF PROPOSALS

a. GENERAL INFORMATION.

Selection of an offeror for contract award will be made on the basis of an assessment of each offeror’s response to the Request for Proposal (RFP). The proposal will be evaluated in accordance with the Revolutionary Federal Acquisition Regulation

Overhaul (RFO) FAR Part 15.103-1. The tradeoff approach to source selection is appropriate when it may be in the Government’s best interest to consider the award to other than the lowest priced offeror or other than the highest technically rated offer. All non-price evaluation factors, when combined, are significantly more important than price.

The five (5) evaluation factors for determination of technical acceptability consist of:

1. Technical Construction and Relevant Construction Experience of the Prime

Contractor (Non-price)

2. Past Performance (Non-Price)

3. Technical Qualifications and Relevant Experience of Mechanical Subcontractor

(Non-price)

4. Technical Qualifications of Prime Contractor’s Proposed Key Staffing (Non-price)

5. Prime Contractor’s Safety Plan (Non-price)

NOTE: Failure to comply with the RFP requirements may be grounds to eliminate the proposal from further consideration for contract award. A rating of Unacceptable for any factor makes the offeror ineligible for award.

b. THE OFFER.

The submission of the documentation specified below will constitute the Offeror’s acceptance of the terms and conditions of the RFP, including the Plans & Specifications for the construction of this project. These instructions prescribe the format for the proposal and describe the approach for the development and presentation of proposal data. These instructions are designed to ensure the submission of necessary information to provide for the understanding and comprehensive evaluation of proposals.

c. AWARD BASED ON INITIAL OFFERS.

Pursuant to RFO clause 52.215-1 (included by reference) and RFO Part 15.105-2, the Government intends to evaluate proposals and award a contract with or without conducting negotiations with offerors whose proposals have been determined to be within the competitive range. Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a price and technical qualifications standpoint. The VA reserves the right to conduct negotiations if the Contracting Officer later determines such negotiations to be necessary.

d. NUMBER OF COPIES TO SUBMIT. OFFERORS WILL BE REQUIRED TO

ELECTRONICALLY SUBMIT PROPOSAL BY EMAIL TO THE CONTRACTING

OFFICER, Jeanette Mathena and Contract Specialist: Maria Hoover. Documents must be submitted as pdf attachments to the email (20 MB limit per email).

Contracting Officer email: jeanette.mathena@va.gov and Contract Specialist:

maria.hoover@va.gov

(CONTRACTOR WILL BE REQUIRED TO VERIFY THAT THE EMAIL HAS BEEN

RECEIVED WITH ATTACHED PROPOSAL DOCUMENTS BY THE CONTRACTING

SPECIALIST AT 913-946-1130.)

Submit one pdf document for Volume 1 Technical Proposal, One pdf document for Volume 2 Price Proposal and one pdf document for Volume 3 Bid Bond.

Marked: ORIGINAL - RESPONSE TO RFP – 36C25526R0129

Project # 657A5-21-401, Construct New Campus Chiller Plant

These documents are to contain the signed original copy of the documents listed below:

2. DOCUMENTS TO SUBMIT.

The original documents to be included in the document identified above consist of:

a. VOLUME 1-TECHNICAL Proposal.

b. VOLUME 2-PRICE PROPOSAL. STANDARD FORM 1442. Submit the SF 1442 issued under this solicitation, with Blocks 10 (SAM EUI) and Blocks 14 through 20 properly filled out by the Offeror. Include the completed price schedule in this volume and acknowledgment of any and all Amendments that may have been issued, either by: (1) listing them in Block 19 of the SF 1442, or

(2) including copies of the Amendment document(s) (Standard Form 30) with Blocks 8 and 15 filled in and signed, or (3) including signed acknowledgement in the form of a separate letter that includes a reference to the solicitation and amendment numbers. NOTE: Failure to acknowledge any and all Amendments issued pursuant to this solicitation may be cause for rejection of your offer.

Appendix 1- Price Breakdown Calculation of Self Performed and Subcontracted work for each bid item shall be included in volume 2.

c. VOLUME 3-OFFER GUARANTEE (BID BOND). In accordance with solicitation provision RFO Part 52.228-1, Bid Guarantee. Failure to furnish a bid guarantee, in the proper form and amount, by the deadline established for submitting offers, may be cause for rejection of the offer.

mailto:jeanette.mathena@va.gov mailto:maria.hoover@va.gov

d. DOCUMENTATION OF TECHNICAL ACCEPTABILITY. Proposals received in response to this solicitation will be evaluated in accordance with procedures outlined in RFO Part 15.103-1 and RFO Part 15.202 for the Best Value – Trade Off process. The significant Evaluation Factors to be used as the basis for determining Technical Acceptability are indicated in paragraph below.

NOTE: There is a realistic possibility that some offerors may choose to submit the same construction project as a qualifying example for both the past performance and the technical experience evaluation factors. This is not prohibited, but the supporting documentation must demonstrate that the submitted projects absolutely do comply with the specific minimal requirements, identified below, for each separate evaluation factor.

Technical Evaluation Factors:

FACTOR 1: Technical Construction and Relevant Experience of the Prime Contractor.

The Offerors must provide evidence that they possess the technical qualifications and relevant experience needed to meet the performance requirements of this project. To demonstrate this, the Offerors shall submit no less than three (3) and no more than five

(5) examples of their previously awarded and completed construction contracts that are similar in scope, size, and complexity to this project. Example projects which are as similar as possible to the requirements of this project will be given the most consideration. Example projects completed for private commercial or institutional entities will be acceptable, however, higher ratings will be given when the contracts are completed for either Federal, State or Local Government Agencies with the highest ratings going to similar projects completed at a hospital or medical facility setting.

For the submitted experience to be deemed relevant, the example contracts submitted shall include:

a. Work which occurred under NAICS codes 236210 – Industrial Building

Construction and/or 236220 - Commercial and Institutional Building Construction as a prime contractor that is similar in scope of work required under this contract.

b. Work which occurred at a hospital or in-patient medical facility. Work performed at non-medical facilities may be considered, if they explain how the work conducted involved technical requirements equivalent to that described within the plans and specifications of this solicitation.

c. Work which consisted of the construction of entirely new buildings, as opposed to additions, alterations or renovations of existing buildings, will receive additional consideration.

d. Work for which the total contract cost exceeded $15,000,000.

e. Work which was 100% completed within a period of no more than ten (10) years prior to the submittal date of their proposal. Contract work which is yet to begin, incomplete at the time of submittal or which was completed over ten (10) years from the time of submittal will be deemed irrelevant and will not be considered.

f. Additionally, to be considered technically acceptable, the example contracts shall include the following information, at a minimum:

i. The project name, location and the contract ID number.

ii. The name of the awarding agency or organization.

iii. The date of award and the award amount in dollars.

iv. The date of contract completion and the final contract amount in dollars.

v. A description of the work completed on the contract as well as narrative on:

(a.) The parallels between the example project and this project.

(b.) Some of the challenges faced on the example project as well as the resolution to those challenges.

vi. The percentage of total labor self-performed by the offeror’s employees. In accordance with VAAR 852.219- 73, for general construction contracts, the SDVOSB prime contractor shall ensure that no more than 85% of the amount paid by the government to the prime contractor for contract performance, excluding materials costs, is paid to firms that are not certified SDVOSBs listed in the SBA certification database. The offeror is required to perform at least fifteen percent (15%) of the project labor on-site using their own employees or employees of other eligible SDVOSB concerns.

vii. At least one point-of-contact (POC) within the awarding body or project owner who can speak to the contractor’s effectiveness. The POC shall include the current address, phone number and email address.

Example projects listed which do not include all the previously identified data will be deemed unacceptable and will not be considered.

SPECIAL NOTE: If the Offeror is a Joint Venture (JV), relevant project experience should be submitted for projects completed by the Joint Venture entity. If the Joint

Venture does not have shared experience, projects shall be submitted for each Joint

Venture partner. Offerors who fail to submit experience for all Joint Venture partners will receive no further consideration.

FACTOR 2: PAST PERFORMANCE

Due to the complexity associated with the construction of a new building and the intricacy of the mechanical system, the past performance of the prime contractor will be assessed collectively.

The Offeror’s performance on the contracts supplied must be established as satisfactory or better. The offerors themselves are encouraged to provide supplemental information on their performance throughout the previous contracts, such as CPARS evaluations, Past Performance Questionnaires (PPQ’s) (see attached PPQ form), testimonials or other documentation to aid the Government in establishing its rating. However, the

Government will also be free to consider both the thoughts and opinions of the project

POC’s listed on the examples as well as all other formal ratings and evaluations made available to it (and not necessarily limited to the projects listed within their proposal) when making its final determination. The Government may consider information provided by the offeror, as well as information obtained from any other sources.

Special note:

(i) No past performance information. An offeror without a record of relevant past performance or for whom information on past performance is not available may not be evaluated favorably or unfavorably on past performance. 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, the Government may in its tradeoff analysis determine that highly rated past performance is more beneficial than a neutral past performance rating. Offerors with no past performance information may submit relevant past performance information regarding predecessor companies; key personnel who have relevant experience; or subcontractors that will be performing major or critical aspects of this requirement;

provided that such information is relevant to the construction in this solicitation. Offerors may provide information on problems encountered on the identified contracts and the offeror’s corrective action, which may be considered by the government

(ii) The past performance of the joint venture, when evaluating an offer from a joint venture. If the joint venture does not demonstrate past performance for award, the past performance of each party to the joint venture must be considered.

FACTOR 3: Technical Construction and Relevant Experience of the Mechanical

Subcontractor.

The Offerors must provide evidence that their mechanical subcontractor possesses the technical qualifications and relevant experience needed to meet the performance requirements of this project. To demonstrate this, the Offeror shall submit no less than three (3) and no more than five (5) examples of their mechanical subcontractor’s previously awarded and completed construction contracts of similar size, scope and complexity to this project. Example projects which are as similar as possible to the requirements of this project will be given the most consideration. Work performed for

Federal, State or Local Government Agencies will receive additional consideration with higher consideration for US Department of Veteran’s Affairs projects. For the submitted experience to be deemed relevant, the construction contracts submitted shall include:

a. Work which occurred under NAICS codes 221330 - Steam and Air Conditioning Supply, 236210 - Industrial Building Construction, 236220 - Commercial and Institutional Building Construction, and/or 238220 - Plumbing, Heating, and Air Conditioning Contractors.

b. Work which focused on new installation, replacement, or alteration of centralized chilled water generation and distribution systems. Consideration will be given to work which involved the installation, alteration, or replacement of key equipment within centralized chiller plants (e.g. chillers, cooling towers, heat exchangers, etc.) with the most consideration given to work which involved the installation and/or replacement of a whole centralized chilled water generation and distribution system.

c. Work for which the mechanical contract cost exceeded $5,000,000.

d. Work which was 100% completed within a period of no more than six (6) years prior to the submittal date of their proposal. Contract work which is yet to begin, incomplete at the time of submittal or which was completed over six (6) years from the time of submittal will be deemed irrelevant and will not be considered.

e. Work on which they installed equipment and/or systems which have performed satisfactorily for at least three (3) years before the date of this submittal.

f. Additionally, to be considered relevant experience, the example contracts shall include the following information, at a minimum:

i. The project name, location and the contract ID number.

ii. The name of the awarding agency or organization.

iii. The date of award and the award amount in dollars.

iv. The date of contract completion and the final contract amount in dollars.

v. A description of the work completed on the contract.

vi. At least one point-of-contact (POC) within the awarding body or project owner who can speak to the contractor’s effectiveness. The POC shall include the current address, phone number and email address.

Example projects listed which do not include all the previously identified data will be deemed unacceptable and will not be considered for award.

g. The mechanical subcontractor shall submit a narrative which clarifies details pertaining to the company’s history, operations and staff as required below:

i. The subcontractor shall demonstrate that they are established and are regularly engaged in the design, fabrication and/or installation of boiler, chiller and HVAC systems and components currently as well as at least three (3) continuous years before the date of this submittal.

ii. The subcontractor shall demonstrate that their key project staff possess the qualifications and experience needed to fulfill the requirements of the subject project. They shall include resume for their proposed Project Manager as well as their Superintendent/Foreman. The resume shall include:

(a.) Education and qualifications, including any certifications received.

(b.) Employment history indicating a minimum of five (5) years of related experience.

(c.) Project history indicating work experience which is similar in scope to the proposed work.

Special Note: When an offeror submits its proposal in response to this Request for

Proposals, and the name and experience of a specific subcontractor is a required evaluation factor, then that subcontractor who is offered will be the same subcontractor who will actually perform the specified work on the project. If, during performance of the contract, it becomes necessary for the contractor to substitute a subcontractor for one of those whose qualifications were the basis for evaluation of the offer and award of the contract, the contractor shall submit to the Contracting Officer the same information that was required in the initial proposal regarding the proposed substitute subcontractor. The

Contracting Officer shall have the right to review the qualifications of the proposed substitute subcontractor and to approve or disapprove his qualifications. If the proposed substitute subcontractor's qualifications are disapproved by the Contracting Officer, the contractor will propose another subcontractor who does possess equivalent qualifications.

FACTOR 4: TECHNICAL QUALIFICATIONS OF PROPOSED KEY

PERSONNEL.

To be considered technically acceptable on this factor, the Offerors must submit a detailed resume for each key individual on the Prime Contractor’s Team. These resumes will be evaluated for the appropriate training, knowledge and experience to maximize Government confidence of a successful project outcome. A single individual may fill up to two (2) of the key positions indicated below:

a. Project Manager (PM) – Must have a minimum of five (5) years’ experience as a project manager and provide at least three (3) example projects where they acted as

PM with scopes similar to this project. The resume shall include the following details on each of the example projects:

i. The project name, location and the contract ID number.

ii. The name of the awarding agency or organization.

iii. The date of award and the award amount in dollars.

iv. The date of contract completion and the final contract amount in dollars.

v. A brief description of work completed on the contract.

vi. At least one point-of-contact (POC) within the awarding body or project owner who can speak to the person’s effectiveness in the role. The POC information shall include the current address, phone number and email address. If POC references cannot be verified, then Factor 4 will receive a rating less than acceptable. It is incumbent on the offeror to validate and provide up-to-date POC information. Verification is required for all Key

Personnel under this factor.

Note: Project Manager will be required to attend weekly project meetings in person at the station facilities office.

b. Quality Control Manager (QCM) – Must have a minimum of five (5) years’ experience as a project quality control manager and provide at least three (3) example projects where they worked as a QCM with scopes similar to this project. The resume shall include the following details on each of the example projects:

i. The project name, location and the contract ID number.

ii. The name of the awarding agency or organization.

iii. The date of award and the award amount in dollars.

iv. The date of contract completion and the final contract amount in dollars.

v. A brief description of work completed on the contract as well as the QC program that was implemented.

vi. At least one point-of-contact (POC) within the awarding body or project owner who can speak to the person’s effectiveness in the role. The POC shall include the current address, phone number and email address.

c. Site Safety and Health Officer (SSHO) – Must have completed the OSHA 30-hour safety training within the last five (5) years and provide the certificate with resume.

In addition, provide a comprehensive list of OSHA-approved, task-specific trainings they have completed. This list must include the following modules, at a minimum; Life-

Safety, Excavation Safety, Fall Protection Safety, Scaffold Safety, Crane/Rigging Safety and Control of Hazardous Energy Sources (Lock Out/Tag Out). They must also have filled the role of SSHO for a minimum of five (5) years and provide for at least three (3) example projects where they work as the SSHO with scopes similar to this project. The resume shall include the following details on each of the example projects:

i. The project name, location and the contract ID number.

ii. The name of the awarding agency or organization.

iii. The date of award and the award amount in dollars.

iv. The date of contract completion and the final contract amount in dollars.

v. A brief description of work completed on the contract.

vi. At least one point-of-contact (POC) within the awarding body or project owner who can speak to the person’s effectiveness in the role. The POC shall include the current address, phone number and email address. Again, you are reminded that if references cannot be verified for any Key Personnel, then Factor 3 will receive a rating less than acceptable.

d. Site Superintendent – Note that the site superintendent for this project is required to attend weekly project meetings on-site as well as being present on-site when any work is being done. Must have completed the OSHA 30-hour safety training within the last five (5) years and provide the certificate with resume. They must also have filled the role of Site Superintendent for a minimum of five (5) years on at least three (3) example projects with scopes similar to this project. The resume shall include the following details on each of the example projects:

i. The project name, location and the contract ID number.

ii. The name of the awarding agency or organization.

iii. The date of award and the award amount in dollars.

iv. The date of contract completion and the final contract amount in dollars.

v. A brief description of work completed on the contract.

vi. At least one point-of-contact (POC) within the awarding body or project owner who can speak to the person’s effectiveness in the role. The POC shall include the current address, phone number and email address. If references cannot be verified, then

Factor 3 will receive a rating less than acceptable.

Resume example projects submitted which do not include all the previously identified data will be deemed unacceptable and will not be considered. The Government is also free to consider the thoughts and opinions of the example project POC’s when determining technical acceptability of the individuals proposed to fill each role.

Note: No one individual can perform more than two of the key staffing positions above.

The project manager and superintendent cannot be the same person. If references cannot be verified for any of the key personnel you identify, then Factor 4 will receive a rating that is less than acceptable (i.e., marginal if one reference can’t be verified and unacceptable if more than one reference can’t be verified). It is the offeror’s responsibility to make sure the references provided know that they may be contacted by

VA for a reference and that if the reference doesn’t timely respond to VA, that it may have an adverse impact on the offeror’s rating under this factor.

On Site Superintendent will be required to attend weekly project meetings in person at the station facilities office and must be on site when work is being completed.

FACTOR 5: PRIME CONTRACTOR SAFETY PLAN

To be evaluated under this factor, the Prime Contractor shall provide a construction safety plan that is deemed acceptable, at a minimum, and meets the following requirements:

a. The contractor's Safety Plan shall be evaluated for its compliance with local/State/Federal rules and regulations and the company's consideration of safety of its employees and the general public. The contractor's Safety Plan at the minimum shall address their safety policy, commitment to safety, detailed disciplinary action to be taken with respect to employees violating safety requirements, personnel safety responsibilities, personnel safety training, personal protective equipment, accident / incident reporting procedure and investigations, emergency procedures guidelines.

b. The contractor’s Safety Plan shall address their plan for completing all required contract work on and around an active hospital without impact to patient care and facility operations.

If the safety plan does not address the requirements listed above (a and b), the proposal will be deemed unacceptable and will not receive further consideration for award.

e. PRICE PROPOSAL.

Price is to be submitted in Volume 2. Offerors must provide a price that is fair and reasonable for the bid item. In addition, offerors shall include a breakdown of material and labor costs, by specification division for the bid item. Overhead, profit and bond costs shall be added after a subtotal of materials and labor costs has been calculated, see Appendix 1. Your proposal will be rejected if there is not a completed Appendix 1 submitted.

3. BASIS OF AWARD. All non-price evaluation factors, when combined, are significantly more important than price. In accordance with RFO Part 15.103-1, Tradeoff approach is appropriate when it may be in the Government’s best interest to consider award to other than the lowest priced offeror or other than the highest technically rated offeror. This process permits tradeoffs among cost or price and non-cost or non-price factors. The anticipated benefits of a higher priced proposal must merit the additional costs. Please note that proposals receiving an unacceptable rating in any factor will not be considered eligible for award.

4. SPECIAL CONTRACT REQUIREMENTS.

A. SUBSTITUTIONS OF SUBCONTRACTORS AND / OR KEY PERSONNEL

(1) When an offeror submits its proposal in response to this Request for Proposals, and key personnel who are proposed to work on the project are required to be submitted, those personnel who are offered must be the same personnel who will actually perform on the project. If, during performance of the contract, it becomes necessary for the contractor to substitute personnel for one of those whose qualifications were the basis for evaluation of the offer and award of the contract, the contractor shall submit to the Contracting Officer the same information that was required in the initial proposal regarding the proposed substitute employee. The Contracting Officer shall have the right to review the qualifications of the proposed substitute employee and to approve or disapprove his or her qualifications. If the proposed substitute employee's qualifications are disapproved by the Contracting Officer, the contractor will propose another employee who does possess equivalent qualifications.

(2). When an offeror submits its proposal in response to this Request for Proposals, and the name and experience of a specific subcontractor is a required evaluation factor, then that subcontractor who is offered must be the same subcontractor who will actually perform the specified work on the project. If, during performance of the contract, it becomes necessary for the contractor to substitute a subcontractor for one of those whose qualifications were the basis for evaluation of the offer and award of the contract, the contractor shall submit to the Contracting Officer the same information that was required in the initial proposal regarding the proposed substitute subcontractor. The Contracting Officer shall have the right to review the qualifications of the proposed substitute subcontractor and to approve or disapprove its qualifications. If the proposed substitute subcontractor's qualifications are disapproved by the Contracting Officer, the contractor will propose another subcontractor who does possess equivalent qualifications.

5. PRIME CONTRACTOR SAFETY OR ENVIRONMENTAL VIOLATIONS.

1.) All Bidders/Offerors shall submit the required information pertaining to their past Safety and Environmental record, see Appendix 2. The information shall contain, at a minimum, a certification that the bidder/offeror has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or any EPA violation(s) in the past three years.

A Determination of Responsibility will be accomplished for the apparent awardee prior to processing the award. 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 the Determination of Responsibility. Failure to affirm being within the guidelines above or submit this information will result in a determination of “Non-Responsibility” for the bidder/offeror. NOTE: Any information received by the

Government that would cause for a negative Determination of Responsibility will make the bidder/offeror ineligible for award.

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

END OF PROPOSAL SUBMITTAL INSTRUCTIONS.

A.4 VAAR 852.219-75 VA Notice of Limitation On Subcontracting

852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION

(JAN 2023) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(l)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows: [Contracting Officer check the appropriate box below based on the predominant NAICS code assigned to the instant acquisition as set forth in

FAR 19.102.]

(i) □ Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219-73 or certified VOSBs listed in the SBA certification database as set forth in 852.219-74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) ☒ General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219-73 or certified VOSBs listed in the SBA certification database as set forth in 852.219-74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) □ Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219-73 or certified VOSBs listed in the SBA https://www.acquisition.gov/far/2.101 https://www.acquisition.gov/far/19.102 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#85221973 https://www.va.gov/oal/library/vaar/vaar852.asp#85221974 https://www.va.gov/oal/library/vaar/vaar852.asp#85221973 certification database as set forth in 852.219-74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(3) If VA determines that an SDVOSB/VOSB awarded a contract pursuant to

38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C.

645(g)(1)); and

(iii) Prosecution for violating 18 U.S.C. 1001.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer.

Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification:

I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

https://www.va.gov/oal/library/vaar/vaar852.asp#85221974

Printed Name of Signee: ________________________________________

Printed Title of Signee: _________________________________________

Signature: ___________________________________________________

Date: _____________________

Company Name and Address: ______________________________________

(End of clause)

A.5 List of Attachments

PAST PERFORMANCE QUESTIONNAIRE

1. Contractor Information

Firm Name:

Address:

Phone Number:

Point of Contact:

Contact Phone Number:

DUNs Number:

2. Work Performed as: Prime Contractor SubContractor Joint Venture

Other

Percent of project work performed:

If subcontractor, who was the prime (Name/Phone #):

3. Contract Information

Contract Number:

Delivery/Task Order Number (if applicable):

Contract Type: Firm Fixed Price Cost Reimbursement Other (Please specify):

Contract Title:

Contract Location:

Project Description:

Complexity of Work High Med Routine

Award Date (mm/dd/yy):

Contract Completion Date (mm/dd/yy):

Actual Completion Date (mm/dd/yy):

Explain Differences:

Original Contract Price (Award Amount):

Final Contract Price (to include all modifications, if applicable):

Explain Differences:

Rating: Please evaluate the past performance using only the following ratings without variation. DO NOT RATE

ON A “+” OR “- “SCALE. If a “+” or “- “is used, the rating without the "+" or "-" will be applied. In addition to the ratings, please provide a short narrative in the appropriate block or in the remarks section of this form.

“O” Outstanding The Offeror’s performance met contractual requirements and exceeded many requirements to the Client’s benefit. The contractual performance was accomplished with few minor problems for which corrective actions taken by the offeror were highly effective.

“A” Above Average The Offeror’s performance met contractual requirements and exceeded some requirements to the Client’s benefit. The contractual performance was accomplished with some minor problems for which corrective actions taken by the offeror were effective.

“S” Satisfactory The Offeror’s performance met contractual requirements. The contractual performance contained some minor problems for which corrective actions taken by the offeror were satisfactory.

“M” Marginal Performance did not meet some contractual requirements.

Performance indicated that there are some potential risks associated with the quality products, timeliness of service, and contract performance.

“U” Unacceptable Performance did not meet contractual requirements. The contractual performance reflected a serious problem for which the offeror has yet to identify corrective actions or the offeror’s proposed actions appear only marginally effective or were not fully implemented.

Please rate and provide any supporting information/comments for the following:

1. The quality of the working relationship with the client (the tenant and/ or owner).

O A S M U

2. The professionalism and integrity with which offeror conducted business.

O A S M U

3. The responsiveness to the client’s needs and expectations.

O A S M U

4. The Offeror’s ability to successfully management and perform the project.

O A S M U

5. The offeror’s level of communication. O A S M U

6. The quality control of the project. O A S M U

7. Any Value added to the project as the result of cost savings, favorable financing, positive asset management, etc.

Yes No

36C25526R0129 A0001-Amendment 1 to Solicitation

8. Would you award another contact to the party being evaluated? If no, please explain.

Yes No

9. The delivery of the project within the budget and on schedule. O A S M U

10. Other relevant aspects in the management of a project development for the client.

11. Overall rating for this firm: O A S M U

Signature of Evaluator

Date