VA101-15-R-0057_1.docx

VA101-15-R-0057

1. 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.

VA101-15-R-0057

X 06-18-2015 672085C Department of Veterans Affairs Office of Construction and Facilities Management (003CC4C) 8380 Colesville Road, Suite 420 Silver Spring, MD 20910 See Block 7

Steve Davis

Phase 3 Seismic Correction Renovations, VAMC San Juan, PR

The contractor shall provide all labor, materials, equipment, transportation, supervision, supplies and tools necessary to provide Seismic Correction and Renovations to Building One of the Veterans Affairs Medical Center in San Juan, PR.

The overall scope of work includes the Demolition of the Existing Bed Tower, which are levels 4,5,6,7,8, and 9, and Penthouse Levels 1 and 2, Seismic Bracing in 45 locations within the Basement level and levels 1 and 2, Asbestos and Lead Abatement to selected locations, and Interior Renovations which will include remodel work to the Basement Level and Levels 1,2,and 3.

The applicable NAICS code for this requirement is 236220 with the small business size standard of 36.5 million.

The Resultant contract will be firm-fixed price.

This acquisition is being advertised as full and open competition

All questions are to be submitted via email to steve.davis2@va.gov and ed.nicholson@va.gov by 2:00 PM EST on July 6th, 2015. Offerors shall reference "RFI VA101-15-R-0057 Phase 3 Seismic Correction Renovations".

x X 52.211-10 X

2:00 PM EST

07-2 0-2015 X

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

See Schedule Department of Veterans Affairs Office of Construction and Facilities Management (003C4C) 8380 Colesville Rd, Suite 420 Silver Spring, MD 20910 Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

Table of Contents

PRICE SCHEDULE

JB

157,262 SQ

JB

152,050 SQ

JB

9,679 SQ

JB

22,598 SQ

JB

72,263 SF

JB

56,469 SQ

Total Price for CLINS 0001 through 0006

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

(a) Bidding materials consisting of drawings, specifications and contract forms may be obtained by qualified General (Prime) Contractors interested in submitting bids direct to the Department of Veterans Affairs. A maximum of (n/a information is available electronically) set may be issued when requested. Up to (n/a information is available electronically) set of drawings and specifications will be furnished upon request to subcontractors for their use in preparing subbids for General (Prime) Contractors. Suppliers and subcontractors listed above shall show in their requests the work or equipment for which they intend to prepare subbids.

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

(c) Bidding materials may be obtained only upon written application to the issuing office. Bidders should allow 5 working days after receipt of their request by the issuing office for reproduction, in addition to mail delivery time when requesting bidding material.

(d) Subcontractors, material firms and others interested in preparing subbids 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.

(e) While no deposit will be necessary, return of the bidding material, postage prepaid, to the issuing office within 10 days after date of opening bids will be required. In case no bid is to be submitted, the return of the bidding material, as soon as this fact has been determined and before the date of opening bids, is requested. If you decide not to bid on this project, please advise the issuing office of your reasons (the contracting officer should modify accordingly if a deposit is required).

(f) 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.

(g) 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.

DESCRIPTION OF WORK: See page 1 of SF 1442 Block 10.

Cost Range: $50,000,000.00 to $100,000,000.00.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

INSTRUCTION TO OFFERORS

pHASE 3 sEISMIC cORRECTION renovations of Building one va MEDICAL cENTER san juan, pr PROJECT NO. 672-085c

A. PART I - GENERAL

A1. Scope of Requirement

The contractor shall completely prepare site for building operations which includes the Deconstruction of the Existing Bed Tower, floors 4 through 9, Seismic Bracing in 45 locations within the basement level and levels 1 and 2, Asbestos and Lead Abatement and Interior Renovations on the basement level and levels 1, 2, and 3.

A2. Tentative Schedule:

Schedule Objectives - The anticipated completion of this project is 1095 calendar days after “Notice to Proceed” (NTP).

B. PART II – SUBMISSION OF OFFER

B1. General

The offeror’s proposal shall be submitted as set forth below:

CAUTION STATEMENT: Hand carried offers are not permissible for the requirement. Offerors are advised that commercial carrier deliveries will be delivered between 7:30 a.m. and 4:30 p.m., Monday through Friday, except for legal federal holidays as set forth in 5 USC 6103. Offerors must ensure that their commercial carrier service provide delivery prior to the scheduled opening/closing time. Packages must be plainly marked ON THE OUTSIDE OF THE COMMERCIAL CARRIER’S ENVELOPE with the solicitation number, date, and time set forth for receipt of offers

B.2 Due Date for Submission of Offerors:

1. The Due date for submission of offers is 2:00 P.M, EST, July 20, 2015.

1. Late proposals shall not be considered; it is the responsibility of the Offeror to ensure their entire proposal is received, on time and in accordance with these instructions.

1. No requests for clarifications or questions concerning this solicitation will be provided in response to telephone calls. Formal communications such as requests for information and/or information or questions concerning this solicitation should be submitted via email. All requests for information and/or information or questions should be submitted no later than 2:00 P.M. EST, July 6, 2015 to: steve.davis2@va.gov and ed.nicholson@va.gov

B.3 Submission Requirements for Volume 1

Volume 1 – Factors 1 and 2 – The Offeror shall submit one (1) sealed original offer and five (5) copies with a cover sheet displaying the RFP number, contractor name, and an index of the following two (2) factors contained within the volume.

Tab1: Factor 1 – Technical Capability (Shall be divided into the following sections)

Tab 1.4 -- Safety Tab 1.5 – Small Business Subcontracting Plan

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

B.4 Submission Requirements for Volume 2

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. Offerors must also complete the Price Schedule on page 03 and submit its construction cost break-down.

Tab 2: Representations and Certification

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

B.5 Submission Requirements for Factor 1 – Technical Capability Sub Factor 1.1 Relevant Project Experience Relevant Project Experience (Page limitation: 4 pages per project)

· The Offeror shall provide a Summary Statement of its recent and relevant experience, on at least two (2) construction projects but no more than four (4) which are similar in size, scope and magnitude to this requirement.

A Summary Statement shall be provided for each construction project and shall include the following;

a. Project title, location, and detailed narrative describing the scope of project including the type of work performed by the offeror and its role in the project i.e. prime contract, Teaming Partner or subcontractor

b. Project Owner, owner’s point of contact including telephone number and email address.

c. Total duration of the project including start and completion dates

d. Total dollar value of the project.

e. If applicable, the amount of work sub-contracted out.

· Offerors are advised that at least one of the projects must be related to Healthcare facilities

· For the purpose of this factor, 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 factor, relevant is defined as projects which are comparable to the solicitation requirements such as design-bid-build, with extensive work performed in the field of demolition and work experience in the field of structural/seismic bracing and asbestos and lead abatement.

Sub Factor 1.2 – Construction Approach (Page limitation: 14 pages)

The Offeror shall submit its construction approach which clearly conveys its understanding of the requirements within the RFP including its understanding of the working conditions in a high seismic, tropical storm zone. The Offeror’s Construction Approach shall include the following:

a. The offeror shall provide a comprehensive narrative which clearly conveys the offerors understanding of this construction project and describe the work consistent with the schedule proposed.

The offeror shall provide its 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,

The offeror’s schedule shall include specific tasks with dates for each step of the construction process including: mobilization; tower demolition; structural/seismic bracing; asbestos and lead abatement; renovations; 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.

Sub factor 1.3 – Management Approach (Page limitation: 10 pages NOT including resumes)

a. Project Personnel Experience (Specialized experience and technical competence). The Offeror shall demonstrate the relevant experience of the below key project personnel positions by providing the resumes of their proposed candidates to include years with company and position that the individual will hold in regard to this project team:

b. Organizational Chart with Narrative – The Offeror’s organizational chart shall include the team members submitted under Project Personnel Experience above as well as others as appropriate. The offeror shall clearly describe the “Prime” responsible firm (or firms if a Joint Venture) and individuals as well as the roles and responsibilities of individuals proposed as consultants and subcontractors. The offeror shall 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.

Sub factor 1.4 Safety (Page limitation 12 pages)

a. The offeror shall provide a detailed Construction Site Safety Plan for this project. The plan shall convey a clear and concise understanding of the project requirements as well as the contractor’s approach to reasonably mitigate any safety risk that may be associated with this construction project.

b. The Offeror shall provide evidence of its “Safety Success” on previous construction projects for which the Offeror was a principal party to. i.e. Prime Contractor, Teaming Partner, Major Sub Contractor. Evidence shall be submitted as a narrative, depicting the general scope of the construction project, previous efforts employed by the Offeror to mitigate Safety Risk, and any risk barriers to the project the Offerors had to overcome in achieving success to safety.

Sub factor 1.5 – Small Business Subcontracting Plan (No page limitation) (See attached subcontracting plan template)

If the Offeror is a large business concern, the Offeror shall submit as part of their proposal a signed Subcontracting Plan (template provided). The subcontracting plan must demonstrate how the Offeror intends to meet or exceed the VA’s subcontracting goals for prime contractors below:

If the Offeror is a small business as defined in FAR 52.219-8, a subcontracting plan is not required. Small Businesses shall 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

B.5 Submission Requirements for Factor 2 – Past Performance (No page limitation) (See Exhibit 1)

a. The Offeror shall provide past performance for the projects submitted under Sub-Factor 1.1. Past performance submission shall be as follows:

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 1 is the PPQ form which will be used to solicit Past Performance Information (PPI) from the contracting activity (e.g., owners, clients, and prime contractors) responsible for the exampled projects.

b. Offerors shall also submit (if applicable) at least two (2) Past Performance Questionnaires (PPQ) for its proposed Teaming Partner for this project. The PPQs shall address projects which are similar in size, scope and magnitude to this requirement. Offerors are advised that the recent and relevant experience criteria set forth in Sub Factor 1.1 (Relevant Project Experience), applies to this submittal. .

EXHIBIT 1

PAST PERFORMANCE QUESTIONNAIRE

Your assistance is requested in support of a source selection.

Please complete this Questionnaire. Submit completed questionnaires by email to Steve Davis at steve.davis2@va.gov Apr 23, 2015.

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 and Warranty of Deliverables - 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:

B.5 Submission Requirements for Factor 3 – Price/Cost

1. Price proposals shall be submitted on Standard Form 1442, Solicitation, Offer and Award (Construction, Alteration, or Repair).

2. Offerors shall complete the Price Schedule on page 06 by proposing a price for each subject CLIN (0001, 0002,0003,0004,0005, and 006) and its total proposed final price for the construction project.

3. In addition to the above pricing submittals, the Offeror shall submit a cost-break down of its total proposed final price. The Offerors cost break-down shall include, but not limited to, material, labor, equipment, transportation, supplies, sub-contracting cost by trade, overhead, profit and bond cost for project completion.

PART III – SELECTION CRITERIA

C1. Contract award will be made on the basis of a tradeoff process in which the two (2) non-price factors, when combined, are significantly more important than price. The two (2) non-price factors (Technical Capability and Past Performance) are of equal importance. For factor one (Technical Capability), the five (5) sub factors are of equal importance. Offerors are cautioned that award may not necessarily be made to the lowest price Offeror. The importance of price will increase as the offerors technical ratings become more equal. Responsibility determination will be made in accordance with FAR 9.1 Responsible Prospective Contractors.

C2. Proposals that do not respond to all requirements in the solicitation may be rejected without further evaluation, deliberation, or discussion. The Government may reject any proposal that is evaluated to be significantly not compliant with the solicitation requirements or reflects a failure to comprehend the complexity and risks of work to be performed. The Government reserves the right to award without discussions with the Offerors but reserves the right to conduct them in accordance with FAR 15.306 if needed.

C3. Evaluations will be based on the following three (3) factors:

Factor 1 – Technical Capability

Sub factor 1.1 – Relevant Project Experience

The Government will evaluate the extent of recent and relevant project experience. At least one of the projects must be related to healthcare facilities. The Government may place higher value on recent and relevant projects in which the offeror performed as a Prime contractor than as a Subcontractor.

Sub factor 1.2 – Construction Approach

The Government will evaluate the Offeror’s Construction Approach to determine whether the Offeror’s approach clearly and concisely demonstrates an understanding of the work to be performed and if the offeror’s approach to construction activities and work elements are achievable, allows for construction flexibility and is consistent with its proposed schedule. The Government may place higher value for innovative construction approaches to improve feasibility and/or overcome challenges and risk that are associated with the working conditions in a high seismic and tropical storm zone.

Sub factor 1.3 – Management Approach

a. The Government will evaluate the resumes of the Offeror’s proposed key project personnel positions to determine the extent of their qualifications, knowledge, and experience as it relates to this project.

b. The Government will evaluate the Offeror’s Organizational Chart and proposed major subcontractors to access the structure and capabilities for successful delivery and proper coordination.

Sub factor 1.4 Safety

a. The Government will evaluate the Offerors proposed Construction Site Safety Plan to determine the extent to which it provides an effective, efficient, and achievable approach to reasonably mitigate the safety risk that may be associated with this project.

b. The Government will evaluate the Offerors “Safety Success” on previous construction projects to determine its experience with assessing safety issues and implementing safety practices and procedures for successful construction performance.

Sub factor 1.5 – Small Business Subcontracting Plan

If a subcontracting plan is required by FAR 19.7, the subfactor is met when the subcontracting plan and proposal demonstrate the following:

b. 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).

c. 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.

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

Factor 2 – Past Performance

Past Performance will be assessed based on the Prime and if applicable, Teaming Partner’s past performance using the following criteria:

a. Customer satisfaction

b. Quality, timeliness and warranty of deliverables

c. Compliance with local laws and regulations

d. 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 may, at its discretion, obtain and evaluate information from sources other than those provided by the Offeror. Where no relevant and/or past performance record is identifiable, a neutral rating shall be assigned, having no positive or negative evaluation significance.

Factor 3 – Price

a. The Government will determine the Offeror’s overall price for this project by adding together the prices for each subject CLIN, 0001 through 0006.

b. The Offeror’s overall 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.

c. The Government may evaluate the Offeror’s construction cost break-down submittal to ensure balanced pricing for CLINS 0001 through 0006. .

D. PART IV – EVALUATION

D1. Factor 1 and all subsequent sub-factors will be assigned one of the below adjectival ratings depicting how well the Offeror’s proposal exceeds, meets or fails to meet the requirements of the evaluation criteria. Each sub-factor will be weighted equally. At the conclusion of individual ratings at the sub-factor level the TEB will arrive at a consensus rating at the Factor level. An Offeror receiving an unacceptable rating for any sub-factor will receive a rating of unacceptable at the factor level. The Government will not award to an Offeror who receives less than an “acceptable” rating at the factor level. The following technical rating definitions will be used in the assessment of Factor 1:

Outstanding

Proposal meets requirements and indicates an exceptional approach and understanding of the requirements. Proposal contains many strengths which far outweigh any weaknesses.

contains strengths which outweigh minor weaknesses.

D2. Definitions:

a. Strength – An aspect of an offeror’s proposal that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance.

b. Weakness – A flaw in the proposal that increases the risk of unsuccessful contract performance.

c. Deficiency – A material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

D3. For Factor 2, the below ratings will be assigned using the following criteria:

SUBSTANTIAL CONFIDENCE

Based on the offeror’s recent/relevant performance record, the government has a high expectation that the offeror will successfully perform the required effort.

SATISFACTORY CONFIDENCE

Based on the offeror’s recent/relevant performance record, the government has a reasonable expectation that the offeror will successfully perform the required effort.

A.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) A.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) A.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

San Juan, PR

(End of Provision)

A.4 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014)

(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—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 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 FAR clause 52.225-11 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 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)

A.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)

A.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:

Steve Davis Contracting Officer Hand-Carried Address:

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

Department of Veterans Affairs Office of Construction and Facilities Management-Eastern Region (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)

A.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— June 30, 2015 at 10:00 AM AST

(c) Participants will meet at— VAMC, 10 Casia St, San Juan PR, 1st floor Conference Room (End of Provision)

A.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.