VA101-14-R-0004_1.docx

Solicitation No. VA101-14-R-0004 VAMC Manhattan

PART I - THE SCHEDULE 11. SOLICITATION NO.

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

A. NAME

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? (If "YES," indicate within how many calendar days after award in Item 12B.)

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 4-85)

STANDARD FORM 1442

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

NSN 7540-01-155-3212

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

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

9. FOR INFORMATION

CALL:

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

SEALED BID (IFB)

NEGOTIATED (RFP)

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

YES

NO

A.

Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due B.

An offer guarantee is, is not required.

C.

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

Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

VA101-14-R-0004

X 03-20-2014

630CA2600M

Department of Veterans Affairs Office of Construction and Facilities Management-Eastern Region (003C4C) 8380 Colesville Road, Suite 420 Silver Spring MD 20910 See Proposal Requirements Angeleque Batkins 240-494-2952

FLOODWALL PERIMETER WALL

VAMC MANHATTAN CAMPUS, NEW YORK

The contractor shall provide all neccesary labor and material for the construction of the floodwall at the perimeter of the VAMC Manhattan Campus, NY. Contractor shall completely prepare site for building operations, including demolition and removal of existing structures, and furnish labor and materials and perform work for construction of the floodwall system, seepage control system, utility modifications, pump stations, paving, landscaping, and other associated work (e,g, electrical and plumbing components) as required by drawings and specifications.

The NAICS code is 237990 with the small business size standard of $33.5 Million.

This acquisition is being advertised unrestricted.

In accordance with FAR 52.229-3 paragraph (b)(1) "The contract price includes all applicable Federal, State, and local taxes and duties".

X X 52.211-10 X

1:00 PM ET

04-21-2014 X

SECTION A - SOLICITATION/CONTRACT FORM 66

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

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NO.

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

20B. SIGNATURE

20C. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY

CODE

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

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

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

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

31A. NAME OF CONTRACTING OFFICER

TO SIGN

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

OFFER

AWARD

STANDARD FORM 1442(REV. 4-85)BACK

(Include ZIP Code) (Include area code) (Include only if different than Item 14) (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

(The offeror acknowledges receipt of amendments to the solicitation - give number and date of each) (Type or print) (4 copies unless otherwise specified) (Type or print) (Type or print) (Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

(Must be fully completed by offeror) (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

CLIN 0001 - BASE BID _______________________________________

Department of Veterans Affairs Office of Construction and Facilities Management (00CFM3B1) 811 Vermont AVE, NW Washington DC 20420 Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

Table of Contents

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

(a) Solicitation materials consisting of drawings, specifications and contract forms may be downloaded at www.fbo.gov, by qualified General (Prime) Contractors interested in submitting proposals direct to the Department of Veteran Affairs. General (Prime) Contractors may provide these materials to subcontractors for their use in preparing sub bids for General (Prime) Contractors. All General (Prime) Contractors must be registered in the System for Award Management (SAM) database at http://www.sam.gov prior to award. Any Service Disabled Veteran Owned Small Business or Veteran Owned Small Business submitting a proposal as a General (Prime) Contractor must be listed in VetBiz. By registering for the Register to Receive Notification list at http://www.fedbizopps.gov, you will be notified by e-mail of any new amendments that have been issued and posted. No other notification of amendments will be provided. Potential Offerors are advised that they are responsible for obtaining and acknowledging any amendments to the solicitation. There will be no public opening of the proposals received as a result of this solicitation.

(b) One set of drawings and specifications may be obtained by Builders Exchanges, Chambers of Commerce, Quantity Surveyors, trade and microfilming organizations.

(c) Subcontractors, material firms and others interested in preparing sub bids may, upon application to the issuing office, obtain a list of organizations, such as Builders Exchanges, Chambers of Commerce, Contractors and others, who have received bidding materials.

(d) If you decide not to bid on this project, please advise the issuing office of your reasons.

(e) A bid guarantee is required in an amount not less than 20 percent of the bid price but shall not exceed $3,000,000. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for opening of bids, will require rejection of the bid in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then.

(f) If the contract will exceed $100,000 (see FAR 28.102-1 for lesser amount), the bidder to whom award is made will be required to furnish two bonds, a Payment Bond, SF 25A, and a Performance Bond, SF 25, each in the penal sum as noted in the General Conditions of the Specification. Copies of SFs 25 and 25A may be obtained upon application to the issuing office.

(g) Offerors are responsible for proving and maintaining all insurance and supplemental insurance requirements under FAR 52.228-5 and FAR 52.307-2, as well as, builders risk insurance (to cover events such as hurricanes, seismic, theft, etc.)

(h) Offerors shall comply with all Federal, State, and local tax laws in accordance with FAR 52.229-3. Offerors shall include municipal taxes in their proposals but should not include taxes as separate line item.

(i) Offerors are advised that the Government may make award without discussions, clarifications or any contact concerning the proposals received. Therefore, proposal should be submitted initially on the most favorable terms. Do not assume that offerors will be contacted or afforded an opportunity to clarify, discuss, or revise their proposals.

DESCRIPTION OF WORK:

VA101-14-R-0004

Cost Range: $10,000,000.00 to $20,000,000.00.

INSTRUCTION TO OFFERORS

Floor perimeter wall va MEDICAL cENTER

MANHATTAN, NY

PROJECT NO. 630CA600M

A. PART I - GENERAL

A2. Tentative Schedule:

Schedule Objectives - The anticipated completion of this project is 365 calendar days after “Notice to Proceed” (NTP).

A4. Pre-Proposal Conference

A pre-proposal conference will be held on March 26, 2014 at 1:30pm at the Manhattan VA Medical Center, Conference Room 2N, Building 1, 1st floor, 423 East 23 Street, New York, NY 10010. All offerors, consultants, subcontractors, manufacturers and suppliers are invited to attend. The following agenda is furnished for this meeting:

B. PART II - PROPOSAL REQUIREMENTS

b1. General

A. Proposals shall be based on solicitation documents issued for RFP Solicitation Number VA101-14-R-0004.

B. The offeror shall submit one (1) sealed original offers (Volume I and Volume II), and five (5) copies of their Volume I Technical proposal to the office of Ms. Angeleque Batkins, Contracting Officer, Department of Veterans Affairs, Office of Construction & Facilities Management by the date and time shown on the SF 1442. Proposals will be in the format stipulated below:

C. Volume I – Factors 1 and 2 – Shall consist of a cover sheet displaying the RFP number, contractor name, and an index of the following five factors contained within the volume.

Tab 2: Factor 2 – Past Performance Tab 3: CD of Volume I – Factors 1 and 2 in pdf format

Volume II - Factor 3 – Shall consist of a cover sheet displaying the RFP number, contractor name, and an index of the following sections in the volume.

Tab 1: The completed and signed SF-1442, All blocks under section “OFFER” on page 2 of SF1442 (Item 14 thru 20C) must be completed

Tab 5: CD of Volume II – Factor 3 in pdf format

D. Submit sealed offers to:

1. Commercial Delivery Services / Hand Carry (Monday- Friday, 7:30 am to 4:30 PM):

Angeleque Batkins Contracting Officer (003C4C) 8380 Colesville Road, Suite 420 Silver Spring, MD 20910

2. US Postal Service Deliveries:

Angeleque Batkins Contracting Officer (003C4C) 8380 Colesville Road, Suite 420 Silver Spring, MD 20910

Note: All proposals should be mailed by fastest traceable means (i.e. FedEx, UPS, Airborne Express, etc) to avoid delays by USPS package irradiation treatment procedure in Washington, DC.

E. Proposals shall be received before 1:00 pm eastern time on April 21, 2014. There will be no public opening of the proposals.

F. All questions are to be submitted by email to angeleque.batkins@va.gov by 1:00pm ET on April 2, 2014. Email subject line should state "Floodwall RFI - VA101-14-R-0004 - [Company Name]".

G. Selection Procedure - During the review of offers the VA may ask for additional information. The VA may initiate action to award a contract at any point after review of the offers. Therefore, offers should reflect the Offeror’s best terms both from a technical and cost standpoint.

b2. Proposal Revisions (FAR 52.215-1)

A. If determined to be necessary, proposal revisions will be requested from the proposals received. Negotiations may or may not be conducted with offerors, at the discretion of the Contracting Officer, after which proposal revisions will be requested. Upon the Contracting Officer’s request, offerors will be given 7 calendar days to prepare their proposal revisions. Sealed proposal revisions will be submitted as per Part III.C1.C, above, except as noted below and will be due at a time and place to be determined.

B. Offerors submitting proposal revisions will not be requested to re-submit any documents which are unchanged from their initial proposals. They should provide necessary changes to individual paragraphs, as briefly as possible, together with a table of contents, which clarifies where within the initial proposal the additional information or changed documents would be placed. Proposal revisions shall include a completed Solicitation Offer and Award – SF 1442 that acknowledges receiving all amendments, by number. A new bid bond shall be submitted only if the final proposal revisions offeror’s price proposal is greater than its initial price proposal.

b3. Cost PROPOSAL REQUIREMENTS

A. Cost proposals shall be submitted on Standard From 1442, Solicitation, Offer and Award (Construction, Alteration, or Repair).

b4. TECHNICAL PROPOSAL REQUIRMENTS

A. Submit 5 copies of Volume I. Volume I shall be divided into the following sections:

Factor 2 – Past Performance CD of Volume I – Factors 1 and 2 in pdf format

Offerors must address each item in these sections:

1. Factor 1 – Technical

Subfactor 1.1 – Relevant Project Experience (Page limitation: 2 pages per project) (See Exhibit 1 for applicable project experience submission requirements)

The Offeror shall demonstrate relevant experience with three (3) project experience summaries that provide recent, relevant experience on similar projects demonstrating the Offeror’s technical qualifications.

For the purpose of this solicitation, recent is defined as either a project completed within the last ten years or a project which is underway with construction at least 50% complete. For the purpose of this solicitation, relevant is defined as projects which are comparable to the Solicitation requirements such as design-bid-build, performed in urban settings, and similar in complexity, size, magnitude and applicable codes.

Subfactor 1.2 – Construction Approach (Page limitation: 10 pages NOT including schedule)

The Offeror shall submit a construction approach with narrative which clearly conveys the Offeror’s understanding of the requirements of the RFP. The construction approach shall provide the following:

· The proposal shall include a comprehensive narrative describing the construction activities as related to the construction work elements. The narrative shall clearly convey the Offeror’s understanding of the requirement and shall describe the work consistent with the schedule proposed. The narrative shall address any construction techniques such as sequencing, dependencies, and phasing.

· The proposal shall provide a proposed progress schedule. The progress schedule will be in a time scaled bar graph format. The horizontal axis will be scaled for time beginning with the Notice to Proceed and concluding with contract completion. The vertical axis will show the milestones and major portions of the contract work. Milestones should include such items as material submissions, submittal acceptance, partial and final inspections, punchlist completion, testing, etc. All schedule items will show a start date and a completion date and the critical path shall be clearly identified on the schedule.

· The detailed schedule will indicate specific tasks with dates for each step of the process including: Mobilization; Demolition; Phasing; Provisions for overtime or shift work; Timing of relocation of existing utilities; Commissioning; Tests and final inspection. Task durations shall be expressed in calendar days.

· The Offeror shall specify the days of the week and the hours of construction operations during each phase of the work, and the percentage of contract completion that will be achieved at the end of each month of the contract.

· Specify intended temporary flood protection measures during potential flood events that may be predicted within the construction period.

Subfactor 1.3 – Management Approach (Page limitation: 10 pages NOT including resumes or charts)

· Project Personnel Experience (Specialized experience and technical competence). The Offeror shall demonstrate the relevant experience of key project personnel by supplying biographical data to include years with company and position that the individual will hold in regard to this project team:

· Organizational Chart with Narrative - Include team members submitted under Project Personnel Experience above as well as others as appropriate. Clearly describe the prime responsible firm (or firms if a J/V) and individuals as well as the roles and responsibilities of individuals proposed as consultants and subcontractors. Provide a list of all proposed major subcontractors, including telephone number, address, and name of contact. All individuals identified in the organizational chart will be considered integral parts of the Contractor’s project team and any substitution to this team will require approval by the Contracting Officer and will only be considered if there are extenuating circumstances beyond the firm’s control for which they could not have reasonably expected to have had prior knowledge.

· Quality Assurance/Quality Control Plan – Include project delivery philosophy, partnering, communication, commitment, conflict resolution. Plan may also elaborate on Safety and Environmental protection programs.

Subfactor 1.4 – Small Business Subcontracting Plan

· Offeror shall identify whether offeror is a large business or small business. If offeror is a small business as defined in FAR 52.219-8, indicate the applicable category (ies) as listed in the table below.

(Yes or No)

Service Disabled Veteran Owned Small Business

Veteran Owned Small Business

Small Disadvantaged Business (including 8a)

HUBZone Business

Women Owned Small Business

Small Business

· If the Offeror is a large business concern, the Offeror shall demonstrate how they intend to meet or exceed VA’s sub-contracting goals for prime contractors of:

· The Offeror shall present in table format how his proposal shall meet or exceed VA’s goals for sub-contracting by a prime contractor. The information presented shall include sub-contracting category, VA’s goal, Offeror’s goal as a percentage of overall cost proposal, Offeror’s goal shown in dollars (for proposal purposes, provide your assumption of anticipated total contract value should you be awarded a contract), and work classification(s) where goal will be met.

2. Factor 2 – Performance (No page limitation) (See Exhibit 2)

The Offeror shall demonstrate past performance on projects submitted under Sub-Factor 1.1 (exampled projects).Past performance submission requirements include:

(i) Past Performance Information (PPI) is required. The Offeror is responsible for ensuring completed Past Performance Questionnaires (PPQ) are submitted to the Contracting Officer in accordance with the date/time established in the solicitation. Exhibit 2 is the PPQ form to be used to solicit Past Performance Information (PPI) from the contracting activity (e.g., owners, clients, and prime contractors) responsible for the exampled projects. In lieu of PPQs, Offerors can submit past performance evaluations from federal reporting systems (PPIRS, CCASS, CPARS, etc.) for the exampled projects.

3. Factor 3 – Price (To be stated on the 1442)

The price proposal shall encompass all costs associated with the requirements of the solicitation. The total proposed price amount shall be rounded to the nearest dollar.

EXHIBIT 1

COMPANY EXPERIENCE

Provide the following information to show examples of projects your company renovated/constructed within the last ten (10) years indicating experience with projects of similar type and scope. Use one form per project. Limit two (2) pages per project.

Type of Facility Represented_____________________________________________________ Your Firm’s Name _____________________________________________________________ Name of Project_______________________________________________________________ Location of Project_____________________________________________________________ Owner ______________________________________________________________________ General Scope of Construction Project _____________________________________________ Your Role (Prime, Joint Venture, or Subcontractor, etc.) and Work Your Company Self-Performed :

Construction Cost _____________________________________________________________ Extent and Type of Work You Subcontracted Out _____________________________________ Dates Construction: Began___________________ Completed______________ Your Performance Evaluation by Owner, if known ____________________________________ Were You Terminated or Assessed Liquidated Damages? _____________________________ Were there any OSHA Days Away from Work, Restricted Duty, or Job Transfer (DART) Rate, as defined by the U.S. Department of Labor, Occupational Safety and Health Administration? ____________________________________________________________________________ Has the Teaming Partner had any issue(s) with safe contract performance with their past company experience? _______ (If either is “Yes”, attach an Explanation) Owner’s Point of Contact for Reference (Name and Company) __________________________ Current Telephone Number of Reference POC_______________________________________

EXHIBIT 2

PAST PERFORMANCE QUESTIONNAIRE

Your assistance is requested in support of a source selection.

Please complete this Questionnaire. Submit completed questionnaires by email to Angeleque Batkins at angeleque.batkins@va.gov by April 21, 2014.

A completed form is SOURCE SELECTION INFORMATION (FAR 2.101 & 3.104) and shall be protected accordingly.

TO BE COMPLETED BY OFFEROR

3. CONTRACT INITIATION DATE:

4. COMPLETION DATE:

5. CONTRACT VALUE (with options): $

1a: NAME OF PRIME CONTRACTOR (if this questionnaire is for a team member):

6. TYPE OF CONTRACT:

(Fixed Price, CPFF, CPAF, etc.)

7. DESCRIPTION OF CONTRACT REQUIREMENTS:

Please add a continuation page if additional space necessary.

TO BE COMPLETED BY EVALUATING ORGANIZATION REPRESENTATIVE

8. EVALUATION: a. EVALUATOR'S NAME, POSITION (Project Manager/ COR/ Other) AND ORGANIZATION:

Please circle the response code for each topic (A – E) that best reflects your experience with this contractor.

E = Exceptional V = Very Good S = Satisfactory M = Marginal U = Unsatisfactory N/A = Not Applicable

A. Customer Satisfaction – Assess the contractor’s responsiveness to customer concerns and “user friendliness”.

B. Quality/Timeliness of Products and Services - Assess the contractor’s conformance to contract requirements, specifications, and standards of good workmanship (e.g., technical, professional, environmental, or safety and health standards).

C. Compliance with local laws – Assess the contractor’s ability to comply with local building codes and laws to meet technical requirements of the contract

D. Price/Cost Control – Assess the contractor’s ability to manage the contract budget and control costs.

E. Overall Assessment.

Comments:

C. PART III – SELECTION CRITERIA

C1. General proposals will be evaluated and award will be made utilizing a Trade-Off approach. All evaluation factors other than price, when combined, are approximately equal to price. Factor 1 is more important than Factor 2. Factor 1 sub-factors are of equal importance. The importance of price will increase if offerors are essentially equal in terms of technical capability, or if a price is so significantly high as to diminish the value of technical superiority to the Government. Responsibility determination will be made in accordance with FAR 9.1 Responsible Prospective Contractors.

C2. Evaluations will be based on the following three (3) factors:

1. Factor 1 - Technical

Subfactor 1.1 – Relevant Project Experience

The Government will evaluate the extent of recent, relevant project experience. The Government may place higher value on projects performed as a prime contractor than as a subcontractor.

Subfactor 1.2 – Construction Approach

The TEB will evaluate the proposed construction approach. The TEB shall:

· Consider how well the proposal addresses construction activities and work elements consistent with the proposed schedule.

· Consider favorably, approaches that support innovative construction solutions to improve feasibility and/or overcome challenges and risks, specifically dealing with temporary flood protection measures.

· Consider favorably, an approach that demonstrates flexibility to address differing site conditions with minimal impact to cost and schedule.

Subfactor 1.3 – Management Approach

The TEB will evaluate the proposed management approach. The TEB shall:

· Consider the roles, responsibilities, and experience of proposed key personnel. After award, the key personnel qualifications identified in the winning proposal, establish the minimum quality standards and will not be substituted without adequate reason and possible consideration to the Government.

· Consider organizational structure to ensure successful delivery and Government coordination.

· Evaluate the capabilities of major subcontractors, and consider favorable established working relationships between the Offeror and proposed subcontractors.

· Consider favorably, a project management approach that provides processes and planning to increase quality and safety of delivery.

Subfactor 1.4 – Small Business Subcontracting Plan

If Offeror identifies as a small business they shall indicate the categories as indicated in table provided above. If Offeror is a large business then a subcontracting plan is required by FAR 19.7, and the subfactor is met when the subcontracting plan and proposal demonstrate the following:

· Reflects a valid corporate commitment between all parties in providing subcontracting opportunities for small business, small disadvantaged business, women-owned small business, HUBZone small business, veteran-owned small business, and service-disabled veteran-owned concerns. Includes the strength and specificity of each corporate commitment (i.e., what type of commitment, how binding is the commitment, how specific is the commitment to this proposed effort, and what types of tasks are included in these subcontracting opportunities).

· Reflects a one year history demonstrating your corporate commitment to meet your subcontracting goals/targets by providing Individual Subcontracting Report (ISR), for those contracts/projects in which you are submitting under Past Performance. If goals were not met on the ISR, provide an explanation as to why the goals/targets were not met.

· Reflects compliance, at a minimum, with VA goals listed below.

· (d) The Offeror demonstrates realistic targets expressed in dollars and in percentages of the total proposed subcontracting dollars for each small business category listed above.

2. Factor 2 – Past Performance

Past Performance will be assessed based on the Prime Offeror’s and Teaming Partners’ past performance using the following criteria:

· Customer satisfaction

· Quality, timeliness and warranty of deliverables

· Compliance with local laws and regulations

· Price/Cost Controls

The Government will consider the source of the information, context of the data, and general trends in contractor performance. The Government may place higher value on projects of similar type and scope as defined in the RFP. The Government reserves the right to use data obtained from sources outside of those provided by the offeror, in the evaluation of past performance.

3. Factor 3 – Price

Price will not be rated or scored, but will be evaluated for fairness and reasonableness through the use of price analysis. In accordance with FAR 15.404-1(b)(2) the government may use various price analysis techniques and procedures to ensure a fair and reasonable price. It shall be noted that an unrealistically low, or high proposed price may be grounds for rejecting an offeror’s proposal on the basis that the offeror does not understand the requirement or has submitted an unrealistic proposal.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

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)

2.2 52.222-5 DAVIS-BACON ACT—SECONDARY SITE OF THE WORK (JUL 2005)

(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, Davis-Bacon Act, 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:

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 The County of New York of the State of New York

2.4 52.225-12 NOTICE OF BUY AMERICAN ACT REQUIREMENT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (FEB 2009)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "designated country 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 Act—Construction Materials Under Trade Agreements" (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act 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 FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act 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 Act, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(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 construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country 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 FAR clause 52.225-11 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 FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country 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, 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:

Angeleque Batkins Contracting Officer Hand-Carried Address:

Department of Veterans Affairs Construction and Facilities Management Eastern Regional Office (003C4C) 8380 Colesville Road, Suite 420 Silver Spring MD 20910 Mailing Address:

Department of Veterans Affairs Construction and Facilities Management Eastern Regional Office (003C4C) 8380 Colesville Road, Suite 420 Silver Spring MD 20910

(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- Wednesday, March 26, 2014 from 1:30pm ET

(c) Participants will meet at-

423 East 23rd Street New York, NY 10010 Conference Room 2N, Building 1, 1st Floor (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):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Provision)

2.9 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (DEC 2009)

(a) In an effort to achieve socioeconomic small business goals, depending on the evaluation factors included in the solicitation, VA shall evaluate offerors based on their service-disabled veteran-owned or veteran-owned small business status and their proposed use of eligible service-disabled veteran-owned small businesses and veteran-owned small businesses as subcontractors.

(b) Eligible service-disabled veteran-owned offerors will receive full credit, and offerors qualifying as veteran-owned small businesses will receive partial credit for the Service-Disabled Veteran-Owned and Veteran-owned Small Business Status evaluation factor. To receive credit, an offeror must be registered and verified in Vendor Information Pages (VIP) database. (http://www.VetBiz.gov).

(c) Non-veteran offerors proposing to use service-disabled veteran-owned small businesses or veteran-owned small businesses as subcontractors will receive some consideration under this evaluation factor. Offerors must state in their proposals the names of the SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be registered and verified in the VetBiz.gov VIP database (http://www.vetbiz.gov).

(End of Provision)

2.10 VAAR 852.219-71 VA MENTOR-PROTÉGÉ PROGRAM (DEC 2009)

(a) Large businesses are encouraged to participate in the VA Mentor-Protégé Program for the purpose of providing developmental assistance to eligible service-disabled veteran-owned small businesses and veteran-owned small businesses to enhance the small businesses' capabilities and increase their participation as VA prime contractors and as subcontractors.

(b) The program consists of:

(1)…