SOLICITATION RENOVATE BLDG 5.pdf

X

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER

36C25623R0139

2. TYPE OF SOLICITATION

SEALED BID (IFB)

X NEGOTIATED (RFP)

3. DATE ISSUED

11-21-2023

PAGE OF PAGES

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

4. CONTRACT NUMBER

TBD

5. REQUISITION/PURCHASE REQUEST NUMBER

564-24-2-672-0002

6. PROJECT NUMBER

564-23-101

7. ISSUED BY CODE 564 8. ADDRESS OFFER TO

Department of Veterans Affairs Network Contracting Office 16 5075 Westheimer Road, Suite 750

Houston TX 77056-5643

Department of Veterans Affairs Network Contracting Office 16 5075 Westheimer Road, Suite 750

Houston TX 77056-5643

9. FOR INFORMATION

CALL:

a. NAME

LISA PEACE

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

NA

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

Note: Any reference contained herein concerning "bid" or "bidder" means "offer" or "offeror".

This procurement is 100% set-aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSBs) under Public Law (PL) 109-461. Offerors must be verified as an SDVOSB in the SBA Vendor Information Pages (https://veterans.certify.sba.gov) Offers received from contractors who are not SDVOSB verified in SBA 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. Offerors are encouraged to ensure that they are registered in SAM prior to submitting a proposal.

Project: 564-23-101 RENOVATE BLDG 5 Contractor must furnish all management, supervision, labor,material, equipment, tools, supplies, consumables, parts, related services, to renovate Bldg 5.

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

Forward all questions to the Contracting Specialist NLT December 13, 2023 @ 5:00pm local time.

All RFIs will be posted by amendment within 10 days after the due date of questions.

MAGNITUDE OF CONSTRUCTION PROJECT: In accordance with FAR 36.204 and VAAR 836.204 DISCLOSURE OF THE MAGNITUDE OF CONSTRUCTION PROJECTS, the above described project falls between the following price range:

Between $500,000.00 and $1,000,000.00

NAICS CODE: 236220 SMALL BUSINESS SIZE STANDARD:$45M

GEOGRAPHICAL AREA WHERE WORK IS TO BE PERFORMED: 1100 North College Avenue, Fayetteville, AR 72703

The Government does not compensate for proposal development and submission.

11. The Contractor shall begin performance within 10 calendar days and complete it within 175 calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See 52.211-10 ).

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and emailed copies to perform the work required are due at the place specified in Item 8 by 5:00PM CST

(hour) local time 01-04-2024 (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 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA-FAR (48 CFR) 52.236-1(d)

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

X YES NO 10

X X http://www.sam.gov/

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)

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

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. (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.)

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

CLIN 0001 RENOVATE BLDG 5

AWARD (To be completed by Government)

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

564-3640162-672-854200-2543 23NRNR758

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 564 27. PAYMENT WILL BE MADE BY 564

FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 Invoice must be submitted electronically

Department of Veterans Affairs Network Contracting Office 16 5075 Westheimer Road, Suite 750

Houston TX 77056-5643 PHONE: FAX:

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract 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.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further cont-ractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31a. NAME OF CONTRACTING OFFICER (Type or print) Andres Apolinar Contracting Officer

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

BY

31c. AWARD DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

AMOUNTS

http://www.fsc.va.gov/fsc/einvoice.asp

CONTINUATION OF SF1442 SCHEDULE OF OFFER ITEMS

The Base Offer for CLIN 0001 Contractor must furnish all management, supervision, labor, material, equipment, tools, supplies, consumables, parts, and related services, in accordance with the SOW and specifications to be a complete and working renovation of Bldg 5 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 specifications.

The government intends to make a single award on the Base Bid, CLIN 0001 without discussions to the offeror whose proposal conforms to the solicitation requirements and is determined the lowest price technically acceptable 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.

PERIOD OF PERFORMANCE – 175 CALENDAR DAYS AFTER RECEIPT OF NOTICE

TO PROCEED.

CLIN 0001: BASE OFFER ITEM – Commercial and Institutional Building Construction:

Contractor must furnish all management, supervision, labor, material, equipment, tools, supplies, consumables, parts, and related services, in accordance with the SOW, drawings, and specifications to renovate Historic Building 5 located on the main campus of the Veterans Healthcare System of the Ozarks (VHS0). All work shall meet code and be performed in accordance with the contract and any applicable specifications.

CLIN 0001, Base Bid – Commercial and Institutional Building Construction:

** Offeror shall complete the following price breakdown for CLIN 0001

CONTINUATION OF SF1442

564-23-101 RENOVATE BLDG 5

MATERIAL LABOR EQUIPMENT TOTAL

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

SUBTOTAL COST:

GENERAL LIABILITY / INSURANCE:

OVERHEAD & PROFIT:

BOND:

PROJECT TOTAL COST:

36C25623R0139

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 SF1442 SCHEDULE OF OFFER ITEMS

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

GENERAL PROPOSAL INFORMATION

2.1 52.216-1 TYPE OF CONTRACT (APR 1984)

2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE

OF THE WORK (MAY 2014)

2.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE

EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

2.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION

MATERIALS (MAY 2014)

2.5 52.228-1 BID GUARANTEE (SEP 1996)

2.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

2.7 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

2.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

2.9 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

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

REPRESENTATIONS AND CERTIFICATIONS

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

3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

3.3 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—

CERTIFICATION (NOV 2021)

GENERAL CONDITIONS

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

(APR 1984) ALTERNATE I (APR 1984)

4.2 52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022)

4.3 52.223-20 AEROSOLS (JUN 2016)

4.4 52.223-21 FOAMS (JUN 2016)

4.5 SUPPLEMENTAL INSURANCE REQUIREMENTS

4.6 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (OCT 2022)

4.7 52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

4.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

4.10 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

4.11 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (MAY 2020)

4.12 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

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

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

(DEVIATION)

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

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

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

4.16 VAAR 852.232-71 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION

CONTRACTS (INCLUDING NAS– CPM) (NOV 2018)

(End of Clause)

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

2018)

4.18 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(APR 2019)

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

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

ALTERNATE I (APR 2019)

4.21 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT

ADMINISTRATION (OCT 2020)

4.22 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 61

4.23 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT

(SEP 2019)

ATTACHMENTS

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. 564-23-101 – RENOVATE BLDG 5

To assure timely and equitable evaluation of proposals, offerors shall follow the instructions contained herein. These instructions prescribe the proposal format and describe the approach for development and presentation of the proposal. These instructions are designed to ensure the submission of necessary information. Offerors are required to meet all solicitation requirements, including terms and conditions, representations, and certifications. The Contracting Officer has determined there is a high probability of adequate competition in this acquisition. Interested offerors shall be solely responsible for all costs associated with this solicitation including but not limited to the preparation of proposals.

The Government plans to make an award without discussions. Therefore, each initial offer shall contain the offeror's best terms from a price and technical standpoint. The Government reserves the right to conduct discussions if it is determined to be necessary.

Price proposals and technical proposals of each offeror will be evaluated independently.

Offerors shall submit as separate attachments titled, "Price Proposal" and "Technical Proposal". Each attachment must contain a cover sheet with the offerors name, business address, and VA Solicitation Number.

Proposal shall be (1) submitted on the forms furnished by the Government or on copies of those forms; and (2) signed. The person signing the proposal shall initial each erasure or change appearing on any proposal form.

Offerors shall submit proposed prices for ALL priced line items. Failure to submit proposed prices for all line items will result in the proposal being rejected as unacceptable without further consideration.

Alternate proposals will not be considered. The following documents shall be submitted to the Contract Specialist not later than the due date and time listed on the SF 1442:

The proposal shall be arranged in the following order:

1. 2-page SF1442 completed and signed by the signatory authority. All blocks under section "OFFER" on page 2 of SF1442 (Item 14 thru 20C) shall be completed. Offerors shall be solely responsible for monitoring Government's website www.SAM.gov for amendments to this solicitation, if any, and acknowledge them in accordance with the requirements stipulated in this solicitation and amendments.

2. Duly executed Bid Bond/Guarantee: Offerors shall use form SF24-16d Bid Bond (sample attached). Bid bonds that are found noncompliant with bid guarantee requirements may result in the rejection of the bid. See clause 52.228-1 Bid Guarantee for additional information on the compliance with bid guarantee requirements.

3. To be eligible for award, Offerors are required to be CVE SDVOSB certified. Offerors must register their businesses at https://www.verterans.certify.sba.gov / and https://www.sam.gov/ (previously known as www.ccr.gov) and complete the ORCA. Upon request by the Government, Offerors shall submit a printout of their ORCA.

4. Acknowledgement of ALL Amendments

5. Proof VETS 4212 has been filed for 2022

6. Experience Modification Rate (EMR)

All proposals will be submitted electronically via email to lisa.peace@va.gov by the date and time indicated in the solicitation/solicitation amendments in the files set forth below.

The subject of the email must include: "36C25623R0139 Project No. 564-23-101

RENOVATE BLDG 5”

It is solely the responsibility of the offerors to ensure the Government receives the proposals before or on the exact due date and time set forth in this solicitation. Offerors shall provide the Contract Specialist confirmation of delivery via email to lisa.peace@va.gov prior to closing date/time if offeror uses a mail carrier, such as FedEX, UPS, or USPS for the bid bond. Tracking number and the name of the person who signed for the package is required.

All inquiries about this solicitation shall be directly submitted in writing via email to the Contract Specialist: lisa.peace@va.gov. No phone or faxed inquiry will be accepted.

Deadline for all inquiries for this solicitation is listed on the SF1442.

Government's responses to inquiries will be issued in the form of Amendment(s) to be posted on the same website where this solicitation is posted: www.SAM.gov. All interested offerors including those submitting inquiries are required to monitor the above website for any posted amendments and acknowledge them in accordance with the instructions provided in the amendments as well as in this solicitation

BASIS FOR CONTRACT AWARD:

All proposals submitted on time and in accordance with provision 52.215-1 will be evaluated for the conformance to all requirements of this solicitation. Any proposal that fails to conform to the requirements of this solicitation will be rejected as non-responsive.

SOURCE SELECTION USING THE LOWEST PRICE TECHNICALLY ACCEPTABLE

PROCESS (LPTA):

This is a competitive Request for Proposal (RFP) that represents the best value to the Government conducted under FAR Part 15, Lowest Price Technically Acceptable (LPTA) source selection process. Award will be made based on the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non- cost factors.

https://www.verterans.certify.sba.gov/ https://www.sam.gov/ http://www.ccr.gov/ mailto:lisa.peace@va.gov mailto:lisa.peace@va.gov mailto:lisa.peace@va.gov

The Government intends to evaluate proposals and award a contract without discussions. Therefore, the offeror’s initial proposal shall contain the offeror’s best terms from a price and technical standpoint. Offerors are cautioned to submit sufficient information and, in the format, specified in the instructions to offerors section of this solicitation. 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.

There will be no public bid opening.

Award will be made to the responsible, lowest price technically acceptable offeror that meets or exceeds the acceptability standards for all non-cost factors.

Lowest price offer will be determined by the Government by comparison method of all offers received. A single award will be made as described in the Price Offer Schedule that is most advantageous to the Government.

EVALUATION OVERVIEW:

Proposals will be evaluated and ranked according to price, from lowest to highest. The Government reserves the right to evaluate only the technical proposal of the lowest price offeror. Other technical proposals may not be evaluated unless the Government determines the lowest priced offeror to be unacceptable. In the event the Government determines the lowest priced offeror to be unacceptable, the technical proposal of the next lowest price offeror will be evaluated. This process will continue until a technical proposal is determined to be acceptable. The lowest offeror deemed acceptable in all non-cost factors shall be the apparent awardee.

PRICE EVALUATION:

Price proposals will be evaluated and ranked according to price, from lowest to highest. Price will not be evaluated other than to ensure price reasonableness. The Government may use various price analysis techniques and procedures to make a price reasonableness determination. Note: Offers that are not technically acceptable cannot be selected, regardless of price.

Offerors submitting price proposals in response to this solicitation do so with the complete and full understanding that the Government reserves the right to publicly announce the total contract award amount.

PAST PERFORMANCE & RESPONSIBILITY:

Past performance will be rated in accordance with FAR 15.305 utilizing the Contractor Performance Assessment Reporting System (CPARS). In addition, pursuant to FAR 9.103 prescribing those purchases shall be made from, and contracts shall be awarded to, responsible prospective contractors only, the

Government will perform the determination of responsibility on the apparently lowest offeror whose proposal is deemed technically acceptable. The Government’s determination of responsibility will be performed in accordance with FAR 9.1 and will include but not limited to the review of all federal excluded or debarred lists from different U.S. Departments, and from the Federal Awardee Performance and Integrity Information System(FAPIIS), available at www.ppirs.gov. Since this solicitation is set aside 100% for Service-Disabled Veteran-Owned Small Business (SDVOSB), the Government will refer the matter to the Small Business Administration which will decide whether to issue a Certificate of Competency (COC) if the Government deems a potential SDVOSB awardee non-responsible.

TECHNICAL EVALUATION:

The Technical evaluation factors consist of four separate elements: Corporate Project Experience, Performance Schedule, Safety and Quality Control, and Past Performance. Technical proposals will be judged on a ‘pass/fail’ basis. Each element must receive a ‘pass’ in order for the proposal to be deemed technically acceptable.

I. CORPORATE PROJECT EXPERIENCE – Offerors shall address the following three (3) sub-factors in narrative form. Offerors that do not describe each topic in enough detail or provide the requested documentation will be rated as ‘fail’ and be considered technically unacceptable.

1. Experience: In order to meet the acceptability standard for this subfactor, offerors must provide documentation of at least three (3) similar renovation projects of similar size, scope and complexity on similar installations, completed or in progress, that were coordinated and performed by the general contractor in the last five (5) years, from the date of this solicitation. Provide personnel/equipment availability to indicate sufficient capability and ability to mobilize timely 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 are a minimum of five (5) years’ experience and completion of government projects of similar size, scope, and complexity in three

(3) of the offerors current or completed or in progress contracts.

Provide the following information for each contract/project submitted for evaluation:

a. Company Name/Address Phone Number/Email Address

b. Project Title

c. Contracting Officer/Government Agency

d. Contract Number

e. Total Contract Amount http://www.ppirs.gov/ http://www.ppirs.gov/

f. Period of Performance

g. Contracting Officer (CO) Name, Phone number and Email

h. Contracting Officer’s Representative (COR) Name, Phone Number, and Email Address.

i. Brief description of the project Requirements and number of personnel assigned to the project.

2. Project Personnel Experience: In order to meet the acceptability standard for this subfactor, Offerors must provide the names of the general contractor’s proposed project Site Superintendent, and Competent Person for Safety with a description of the individual’s experience to include, at a minimum, one (1) successfully completed renovation project of similar size, scope, and complexity within the last five (5) years, from the date this solicitation was issued and provide the location of the project.

3. Subcontractors' Experience: In order to meet the acceptability standard for this subfactor, Offerors must provide a list of sub-contractors that your firm intends to use for this project and include the subcontractor’s company name, and the number of years’ experience in similar construction projects. Minimal experience required for all subcontractors is three (3) years from the date this solicitation was issued. Provide address of most recent completed job of similar size, scope, and complexity for each subcontractor.

II. PERFORMANCE SCHEDULE – In order to meet the acceptability standard for this factor, Offerors shall include the general contractor’s project schedule for this solicitation’s proposed project to showcase, at a minimum, completing the project within the mandatory timeframe of 175 calendar days.

III. SAFETY/QUALITY CONTROL PLAN- In order to meet the acceptability standard for this factor, Offerors shall provide a detailed explanation as to how the project will be implemented and managed to ensure compliance with all Occupational Safety and Health Act (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. The Safety and Quality Control Plan shall, at a minimum, address all disciplines of the various work required to complete this project.

IV. PAST PERFORMANCE – Provide documentation of specific projects (minimum of three) relating to renovation work at the Veterans Health Care System of the Ozark (VHSO) on the hospital campus, successfully completed or in progress, that were coordinated and performed by the general contractor and/or subcontractor in the last eight (8) years, from the date this solicitation was issued, of similar magnitude ($500,000.00 to $1,000,000.00), scope, and complexity. Provide the following information for each contract/project submitted for evaluation:

a. Company Name/Address/Phone Number/Email Address

b. Project Title

c. Contracting Office/Government Agency

d. Contract Number

e. Total Contract Amount

f. Period of Performance

g. Contracting Officer (CO) Name/Phone Number/Email Address

h. Contracting Officer’s Representative (COR) Name/Phone Number/Email

Address

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

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO

BIDDERS/OFFERORS

GENERAL PROPOSAL INFORMATION

Project: 564-23-101 | RENOVATE BLDG 5 Issuing Office: NCO 16 Location of Project: Veterans Healthcare System of the Ozarks, Fayetteville, AR Point of Contact: Lisa Peace, Contract Specialist, NCO 16 – Houston, Tx E-mail: lisa.peace@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 and verified as a SDVOSB in the Veteran Small Business Certification (VetCert) at:

http://www.veterans.certify.sba.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 contract award. Therefore, all potential contractors are encouraged to file every year.

mailto:lisa.peace@va.gov http://www.veterans.certify.sba.gov/ http://www.sam.gov/ http://www.sam.gov/ https://www.dol.gov/agencies/vets/programs/vets4212 mailto:vets4212-customersupport@dolncc.dol.gov mailto:vets4212-customersupport@dolncc.dol.gov

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 SUBMIT 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) 5:00 PM Local Time 13 Dec 2023 or as amended and will not be accepted after this date. RFI’s should be submitted by email to the Contract Specialist, Lisa Peace at lisa.peace@va.gov. Responses will be provided by amendment to the solicitation in a question and answer format within 10 days of RFI submission due date. Example: Subject Line of the RFI e-mail should be as follows: Company Name, RFI, 36C25623R0139 and Project- Renovate Bldg 5.

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 lisa.peace@va.gov

h. Magnitude of Construction: Pursuant to VAAR 836.204 the magnitude of construction is between $500,000 and $1,000,000.00.

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 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.

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 Thanksgiving Day

Columbus Day Christmas Day

Veterans 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).

2.1 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) https://www.cpars.gov/

2.2 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)

2.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO

ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION

(FEB 1999)

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

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

Goals for minority participation for each trade

Goals for female participation for each trade

3.3 % 6.9 %

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

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

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

(End of Provision)

2.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—

CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American—Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).

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

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

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

(d) Alternate offers.

(1) When an offer includes foreign solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

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

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

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

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.5 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 20 percent of the bid price or $3,000,000.00, 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)

2.6 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 Contracting Officer

Hand-Carried Address:

Department of Veterans Affairs Network Contracting Office 16 Mailroom Bldg 8 1000 North College Road Fayetteville AR 72703

Mailing Address:

Department of Veterans Affairs Network Contracting Office 16 Mailroom Bldg 8 1000 North College Road 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)

2.7 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—

December 7, 2023 at 10:00 am local time

(c) Participants will meet at—

VHSO Main Entrance Bldg 1

(End of Provision)

2.8 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/

(End of Provision)

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

52.228-17

52.229-11

INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID

GUARANTEE)

TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE

AND REPRESENTATION

FEB 2021

JUN 2020

52.236-28 PREPARATION OF PROPOSALS—CONSTRUCTION OCT 1997

2.9 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) Identify the solicitation and/or contract number;

(3) Include an original signed by the protester or the protester’s representative and at least one copy;

(4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents;

(5) Specifically request a ruling of the individual upon whom the protest is served;

(6) State the form of relief requested; and http://www.acquisition.gov/browse/index/far http://www.acquisition.gov/browse/index/far http://www.acquisition.gov/browse/index/far http://www.va.gov/oal/library/vaar/ http://www.va.gov/oal/library/vaar/ http://www.va.gov/oal/library/vaar/

(7) Provide all information establishing the timeliness of the protest.

(b) Failure to comply with the above may result in dismissal of the protest without further consideration.

(c) Bidders/offerors and Contracting Officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.

(End of Provision)

2.10 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.

mailto:EDProtests@va.gov

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR

2023)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $45 Million.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically…