VA241-18-R-0698-009.docx

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650-336 Parking Garage Construction Federal contract opportunity
Solicitation number
VA24118R0698
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 1

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1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE

DOCUMENTS (

Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

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

9. FOR INFORMATION

CALL:

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

SEALED BID (IFB)

NEGOTIATED (RFP)

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

YES

NO

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

b An offer guarantee is is not required.

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

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

VA241-18-R-0698

X 01-25-2018 650-336 Department of Veterans Affairs VAMC Providence 830 Chalkstone Avenue Providence RI 02908 Department of Veterans Affairs ATTN: Karla Rotondo Contracting Department Uncas Building, 3rd Floor 623 Atwells Ave RI 02909 Rotondo, Karla 4014594760x1558 Provide all labor, materials, equipment, transportation, supervision and disposal necessary for the Parking Garage Project 650-336 at the VA Medical Center, Providence, RI in accordance with the terms and conditions, specifications , drawings, and applicable wage rates as incorporated herein.

Magnitude of Construction: Between $5,000,000 and $10,000,000

NAICS Code 236220 Size Standard $36.5 Million

All offerors shall submit one original and one disk of the proposal to the address identified in block 8.

Proposals shall be delivered to Karla Rotondo, Contract Specialist, 623 Atwells Ave, Uncas Building 3rd Floor, Providence, RI 02909

X X 52.211-10 X 1 disk 2:00pm 02-27-2018 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

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

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

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

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

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

TO SIGN

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

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

(Include ZIP Code) (Include area code) (Include only if different than Item 14.)

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

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

(Contractor is not required to sign this document.)

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

See Statement of Items Department of Veterans Affairs VAMC Providence 830 Chalkstone Avenue Providence RI 02908 Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971

Table of Contents

PART I - THE SCHEDULE1
SECTION A - SOLICITATION/CONTRACT FORM1
SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)1
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS5
2.1 52.216-1 TYPE OF CONTRACT (APR 1984)5
2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014)5
2.3 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014) ALTERNATE II (JUN 2009)5
2.4 52.233-2 SERVICE OF PROTEST (SEP 2006)6
2.5 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)6
2.6 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008)6
2.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998)7
2.8 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)7
2.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)7
REPRESENTATIONS AND CERTIFICATIONS9
3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (NOV 2017)9
3.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)11
GENERAL CONDITIONS35
4.1 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)35
4.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)36
4.3 52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)36
4.4 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)36
4.5 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED ITEMS (MAY 2008)37
4.6 52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (OCT 2016) ALTERNATE I (MAY 2014)37
4.7 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)40
4.8 SUPPLEMENTAL INSURANCE REQUIREMENTS41
4.9 52.236-4 PHYSICAL DATA (APR 1984)41
4.10 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008)41
4.11 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992)41
4.12 VAAR 852.211-73 BRAND NAME OR EQUAL (JAN 2008)42
4.13 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (JUL 2016)(DEVIATION)42
4.14 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009)43
4.15 SUBCONTRACTING COMMITMENTS--MONITORING AND COMPLIANCE (JUN 2011)43
4.16 VAAR 852.219-9 VA SMALL BUSINESS SUBCONTRACTING PLAN MINIMUM REQUIREMENTS (DEC 2009)43
4.17 SUBCONTRACTING PLAN--MONITORING AND COMPLIANCE (JUN 2011)43
4.18 VAAR 852.219-71 VA MENTOR-PROTÉGÉ PROGRAM (DEC 2009)44
4.19 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)44
4.20 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)44
4.21 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (JUL 2002)45
4.22 VAAR 852.236-72 PERFORMANCE OF WORK BY THE CONTRACTOR (JUL 2002)45
4.23 VAAR 852.236-74 INSPECTION OF CONSTRUCTION (JUL 2002)46
4.24 VAAR 852.236-76 CORRESPONDENCE (APR 1984)46
4.25 VAAR 852.236-77 REFERENCE TO "STANDARDS" (JUL 2002)46
4.26 VAAR 852.236-78 GOVERNMENT SUPERVISION (APR 1984)46
4.27 VAAR 852.236-79 DAILY REPORT OF WORKERS AND MATERIAL (APR 1984)46
4.28 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 1984)46
4.29 VAAR 852.236-82 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS) (APR 1984)47
4.30 VAAR 852.236-84 SCHEDULE OF WORK PROGRESS (NOV 1984)48
ADDITIONAL REQUIREMENTS FOR BAR CHART SCHEDULE49
4.31 VAAR 852.236-85 SUPPLEMENTARY LABOR STANDARDS PROVISIONS (APR 1984)49
4.32 VAAR 852.236-86 WORKER'S COMPENSATION (JAN 2008)49
4.33 VAAR 852.236-87 ACCIDENT PREVENTION (SEP 1993)50
4.34 VAAR 852.236-88 CONTRACT CHANGES--SUPPLEMENT (JUL 2002)50
4.35 VAAR 852.236-89 BUY AMERICAN ACT (JAN 2008) ALTERNATE II (JAN 2008)51
4.36 VAAR 852.236-90 RESTRICTION ON SUBMISSION AND USE OF EQUAL PRODUCTS (NOV 1986)52
4.37 VAAR 852.236-91 SPECIAL NOTES (JUL 2002)52
4.38 VAAR 852.246-74 SPECIAL WARRANTIES (JAN 2008)52
4.39 MANDATORY WRITTEN DISCLOSURES52
4.40 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)53

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 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 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014) ALTERNATE II (JUN 2009)

(a) Definitions. "Bahrainian, Mexican, or Omani construction material," "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, except foreign construction material from a designated country other than Bahrain, Mexico, or Oman 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 other than Bahrainian, Mexican, or Omani 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 other than Bahrainian, Mexican, or Omani 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)

2.4 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:

Karla Rotondo, Contracting Officer Hand-Carried Address:

Department of Veterans Affairs VAMC Providence Uncas Building, 3rd Floor 623 Atwells Ave Providence RI 02909 Mailing Address:

Department of Veterans Affairs VAMC Providence Contracting Department 830 Chalkstone Avenue Providence RI 02908

(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)

2.5 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— 1/31/18 @ 2:00pm

(c) Participants will meet at— T-38, Providence VA Medical Center (End of Provision)

2.6 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008)

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

(1) Include the name, address, fax number, 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

(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)

2.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998)

As an alternative to filing a protest with the contracting officer, an interested party may file a protest with the Deputy Assistant Secretary for Acquisition and Materiel Management, Acquisition Administration Team, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, or for solicitations issued by the Office of Construction and Facilities Management, the Director, Office of Construction and Facilities Management, 810 Vermont Avenue, NW., Washington, DC 20420. The protest will not be considered if the interested party has a protest on the same or similar issues pending with the contracting officer.

(End of Provision) PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:

Deputy Assistant Secretary for Acquisition and Logistics,
Risk Management Team, Department of Veterans Affairs
810 Vermont Avenue, N.W.
Washington, DC 20420

Or for solicitations issued by the Office of Construction and Facilities Management:

Director, Office of Construction and Facilities Management
811 Vermont Avenue, N.W.
Washington, DC 20420

2.8 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)

The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee's authority. A copy of the designation shall be furnished to the contractor.

(End of Provision)

2.9 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)

FAR Number
Title
Date
52.204-5
WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS)
OCT 2014
52.204-7
SYSTEM FOR AWARD MANAGEMENT
OCT 2016
52.204-16
COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING
JUL 2016
52.204-22
ALTERNATIVE LINE ITEM PROPOSAL
JAN 2017
52.211-6
BRAND NAME OR EQUAL
AUG 1999
52.215-1
INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITION
JAN 2017
52.222-23
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION
FEB 1999
52.223-1
BIOBASED PRODUCT CERTIFICATION
MAY 2012
52.223-4
RECOVERED MATERIAL CERTIFICATION
MAY 2008
52.236-28
PREPARATION OF PROPOSALS—CONSTRUCTION
OCT 1997

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (NOV 2017)

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

(2) The small business size standard is $36.5 Million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

(vii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xx) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.

(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations.

(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. This provision applies to all solicitations.

(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[X](i) 52.204-17, Ownership or Control of Offeror.

[X](ii) 52.204-20, Predecessor of Offeror.

[](iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

[](iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Certification.

[](v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Certification.

[](vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

[](vii) 52.227-6, Royalty Information.

[](A) Basic.

[](B) Alternate I.

[](viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM Web site accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause #
Title
Date
Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of Provision)

3.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

(a) Definitions. As used in this provision— "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

"Federal contracts and grants with total value greater than $10,000,000" means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of Provision)

3.3 STATEMENT OF ITEMS

A. ITEM I, GENERAL CONSTRUCTION: Work includes but is not limited the necessary supervision, labor, equipment, material, and plant required to complete work for the Parking Garage (Project#650- 336), in accordance with the Contract Documents. Construct New Parking Garage: Providence VA Medical Center, Providence Rhode Island: Work includes demolition of existing Parking Lot #1 at grade level along with associated underground utilities, construction of New Temporary Parking Lot and associated underground utilities, construction of New Structure including Site Clearing, Excavation, General Construction, Fire Protection, Plumbing, Mechanical and Electrical work and construction and certain other items.

TOTAL LUMP SUM ITEM 1: $___________________________

B. DEDUCT ALTERNATE 1:

This Deduct Alternate shall be removed from the BASE ITEM offer. This deduct alternate includes all work related to the following items in accordance with the contract documents.

a. Omit all Fire Extinguisher Cabinets throughout building.

b. Omit all Landscaping Work, except the Bio-Retention areas, indicated on Drawings LA-101 and LA-102.

c. Omit the following plumbing items at Lower Street Level Water Service Room 105 including but not limited to: domestic water piping, floor mounted mop basin and associated faucet/trim, hot water heater unit and associated electrical work. Omit all domestic water riser work and associated frost proof hose bibbs, thermal system insulation. Domestic water piping service at interior of building shall be provided with shut-off valve and capped end.

d. Omit the following items at the Lower Street, Upper Street, Third Floor and Fourth Floor Levels of the Parking Garage: All electrical outlets within the parking garage.

e. Omit the following items at Stairway 2 North, Fourth Floor Level: raised concrete curbing, aluminum storefront framing system and related glass units, structural steel framing and roofing system complete, aluminum door unit #16 and associated electrical lighting and exit signage.

TOTAL LUMP SUM OF DEDUCT ALTERNATE 1: ($_____________________)

C. DEDUCT ALTERNATE 2:

This Deduct Alternate shall be removed from the BASE ITEM offer. This deduct alternate includes all work related to the following items in accordance with the contract documents.

a. Omit the one (1) VA logo sign at the building east exterior wall face as shown on drawings and drawing A-605 including the related electrical work.

b. Omit all thin set face brick veneer at precast concrete wall panels. Exterior finish of precast concrete wall panels shall be as indicated on drawings.

TOTAL LUMP SUM OF DEDUCT ALTERNATE 2: ($_____________________)

D. DEDUCT ALTERNATE 3:

This Deduct Alternate shall be removed from the BASE ITEM offer. This deduct alternate includes all work related to the following items in accordance with the contract documents.

a. Omit Radius Precast concrete wall system including associated poured in-place concrete foundation wall and footing.

b. Omit aluminum curtain wall unit “B”. Provide precast concrete wall panel system.

c. Omit aluminum curtain wall units “C” and “D”. Provide precast concrete wall panel system.

d. Omit ten (10) security cameras and associated conduits and cabling.

TOTAL LUMP SUM OF DEDUCT ALTERNATE 3: ($_____________________)

E. DEDUCT ALTERNATE 4:

This Deduct Alternate shall be removed from the BASE ITEM offer. This deduct alternate includes all work related to the following items in accordance with the contract documents.

a. Omit all automatic door operators and associated electrical conduits, wiring and controls.

b. Omit concrete slab on grade at parking garage interior. Provide a bituminous pavement system.

c. Omit diesel fired generator and all associated work including but not limited to concrete pad, conduits and related power wiring and automatic transfer switch.

TOTAL LUMP SUM OF DEDUCT ALTERNATE 4: ($_____________________)

NOTE: The Government reserves the right to award only Item 1 or Item 1 plus any one, or combination of, or all of the deduct alternates as identified below subject to budgetary restraints. Deduct Alternates are listed in descending order of importance.

***Once technical acceptability has been determined, the intention of the Government is to award the base lump sum item contingent upon funding limitations to the lowest reasonable price. Should all proposals for the base lump sum, item 1, exceed the funding limitations for this project; the Government will evaluate Deduct Alternate items as follows.

DEDUCT ALTERNATES 1-4 WILL BE EVALUATED IN THE FOLLOWING ORDER

Base minus Deduct Alternate 1: Lowest reasonable price within funding limitations will be awarded. If it exceeds funding limitations then…

Base minus Deduct Alternates 1 and 2: Lowest reasonable price within funding limitations will be awarded. If it exceeds funding limitations then…

Base minus Deduct Alternates 1 through 3: Lowest reasonable price within funding limitations will be awarded. If it exceeds funding limitations then…

Base minus Deduct Alternates 1 through 4: Lowest reasonable price within funding limitations will be awarded. If it exceeds funding limitations then the solicitation will canceled.

COMPLETION TIME FOR ITEMS:

Total contract duration will be 420 calendar days after issuance of Notice to Proceed.

Deduct Alternates 1 through 4 affect the contract duration by 30 calendar days.

3.4 INSTRUCTIONS TO OFFERORS

The Government will award a contract resulting from this solicitation using the evaluation method “Lowest Price Technically Acceptable.” This method is appropriate when best value is expected to result from selection of the technically acceptable offer with the lowest evaluated reasonable price. Offers will be evaluated for acceptability but not ranked using the non-price factors. Evaluation factors and significant sub factors that establish the requirements of acceptability are set forth below. Award will be made on the basis of the lowest evaluated reasonable price of proposals meeting the acceptability standards for non-price factors (FAR 15.101-2). The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a price, management approach and past performance. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. The Government reserves the right to waive informalities and minor irregularities in offers received. If a minor clerical error has occurred, then the offeror may be given an opportunity to correct the minor error within the constraints of the "clarifications" process. The following factors shall be used to evaluate offerors on a lowest reasonable price, technically acceptable in accordance with FAR 15.101-2:

This solicitation is for a firm, fixed price construction contract. Award shall be made to the technically acceptable offer that provides the lowest reasonable price as referenced in the Statement of Items; however due to funding constraints the Government may award any deduct alternate or combination of deduct alternates in accordance with the notes on the Statement of Items. The Government intends to award a contract to one offeror deemed responsible in accordance with Federal Acquisition Regulation (FAR 9.1).

Offerors are required to submit technical proposals addressing the Evaluation Factors A-E identified in Management Approach. The procurement is being conducted utilizing the Lowest Price Technically Acceptable (LPTA) source selection process in accordance with FAR 15.101-2. Proposal will be evaluated for acceptability, but not ranked, using the non-price evaluation factors. Award will be made on the basis of the lowest evaluated reasonable price of proposals meeting the acceptability standards for non-price factors. There shall be no trade-offs. Offers evaluated as not Technically Acceptable will not be eligible for award, regardless of price.

Offerors are cautioned to read the requirements of FAR 52.219-9 and VAAR 852.219-9 Small Business Subcontracting Plan and VA Small Business Subcontracting Plan Minimum Requirements. Large Business Firms will be reviewed by the Government in accordance with VAAR 819.704 Subcontracting Plan Requirements. Although a subcontracting plan is not required at the time of proposal submission, any successful large business will be required to submit a subcontracting plan prior to award. Historically, VA subcontracting goals have been: 3% SDVOSB, 5% VOSB, 3% HubZone, 5% SDB, 5% WOSB and 17.5% SB.

OFFERORS SHALL COMPLETE THE ATTACHED CALCULATION OF SELF-PERFORMED WORK AND SUBMIT THE COMPLETED FORM WITH THEIR PROPOSAL.

The proposal must set forth full, accurate and complete information as required by the solicitation. The Government will rely on such information for the award of the contract. By submission of the offer, the Offeror agrees that all items proposed (if applicable e.g. key personnel, subcontractors, safety plan, etc.) will be utilized for the duration of the contract and any substitutions will require prior Contracting Officer's approval.

The offeror shall be held responsible for the validity of all information supplied in the proposal, including the information provided by potential subcontractors. Should subsequent investigation disclose that the facts and conditions were not as stated, the proposal may be rejected.

1. Price:

The purpose of the Price evaluation is to provide an assessment of the reasonableness of the proposed price in relation to the solicitation requirements. Reasonableness of an offeror's proposal is evaluated through price analysis techniques as described in FAR Subpart 15.305(a) (1) and (4). For Price to be reasonable, it must represent a Price that provides best value to the Government when consideration is given to prices in the market, (market conditions may be evidenced by other competitive proposals), technical and functional capabilities of the offeror.

After Completion of Technical and Past Performance have been determined, the intention of the Government is to award the base lump sum item contingent upon funding limitations. Should all proposals for the base lump sum, item 1 exceed the funding limitations for this project, the Government will evaluate deduct alternate items as follows.

Deduct alternates 1- through 4 will be evaluated in the following order:

Base minus deduct alternate 1: Within funding limitations will be awarded. If it exceeds funding limitations then…

Base minus deduct alternates 1 and 2: Within funding limitations will be awarded. If it exceeds funding limitations then…

Base minus deduct alternates 1 through 3: Within funding limitations will be awarded. If it exceeds funding limitations then…

Base minus deduct alternates 1 through 4: Within funding limitations will be awarded. If it exceeds funding limitations then the solicitation will canceled.

1. Veterans Preference

Solely for purposes of price evaluation and implementation of the veteran’s first act, the proposed price of any CVE SDVOSB offeror shall be evaluated as if it were 3% less than the offerors actual proposed price so as to afford the SDVOSB a competitive advantage.

The proposed price of any CVE VOSB shall be evaluated as if it were 2% less than the actual proposed price so as to afford the VOSB a competitive advantage.

These price adjustments as solely and only for implementation of the preferences of the Veterans First Act and the price evaluation in the LPTA phase. In the event an SDVOSB or VOSB is in line to receive an award, the actual award value and the actual obligation to an SDVOSB or VOSB shall not reflect any such 3% or 2% reduction but rather the true offeror proposed price.

Example:

A technically acceptable SDVOSB verified in CVE proposed a price of $5.00, the contracting officer applies the 3% preference and the offer is treated as if the proposed price were $4.85.

A technically acceptable Large Business proposed a price of $5.00, solely for purposes of the Veterans Preference; the SDVOSB would be in line to receive an award.

The contracting officer obligates the contract in value at $5.00 to the SDVOSB.

1. Management Approach - Technical Qualifications: The Government will rate an offeror's Technical proposal, at the factor level, using an acceptable or unacceptable rating that combines technical merit and proposal risk that most accurately defines the offeror's performance risk considering all subfactors identified in this section. Sub-factors A-E will be evaluated as “Acceptable or Non-Acceptable”. The Government intends to make a single award to the lowest priced technically acceptable offer. To receive an overall acceptable rating and be eligible for award, the offeror must be technically acceptable in each of the Five (5) sub-factors identified below.

A. Ability to adhere to construction schedule for completion within 420 days from Notice to Proceed as specified in the solicitation.

Using the information submitted in response to the solicitation, the Government will evaluate the offerors’ scheduling methodology to determine if they have scheduling processes that ensure completion and control of the project from beginning to end. To be evaluated as acceptable the offeror must provide a sample schedule that demonstrates an understanding of the limitations of the schedule as well as an understanding that an appropriate schedule will result in successful completion of the project for this evaluation factor. If the offeror plans to use a fast-track approach to permit early mobilization and construction, this approach shall be described. Proposals describe capability to meet CPM form requirements and demonstrate, with a sample schedule, the ability to appropriately utilize this method of scheduling. Based on the information provided in response to the RFP, evaluate the schedule and make an acceptability determination as to the offeror’s ability to meet the contract completion time.

B. Technical Approach

Using the information submitted in response to the solicitation, the Government will evaluate the offeror’s ability to successfully perform the requirements of the project. To be evaluated as acceptable the offeror must provide a narrative that addresses the functions, responsibilities, authorities, and duties of proposed technical staff to determine if the offeror has the ability to manage and perform the project without significant difficulty for this evaluation and sub-factors. Specific details should also be addressed in the proposal to demonstrate sequence of work to be performed in a realistic fashion; i.e. coordination with subcontractors, etc. The narrative should also identify key personnel proposed for the project and their documented experience on successful completion of contracts. Cost control successes should be documented for other completed contracts. Proposal addresses ability to work cooperatively with other contractors working in adjacent spaces and also addresses the ability to work in occupied spaces, including flexibility with scheduling in order for the VA to continue to provide services required for our patients.

C. Expertise in building Parking Garages

Using the information submitted in response to the solicitation, the Government will evaluate the offeror’s ability to perform work required under this project with relation to expertise in building parking garages of comparable size. To be evaluated as acceptable the offeror must provide a narrative that addresses prior projects that are directly related in scope, complexity, magnitude, and cost to this requirement completed within the past five (5) years. The proposal narrative shall adequately describe the projects that are relevant to this requirement that were preformed directly by the General Contractor. The narrative shall also address any equipment to be utilized (owned or rented); and any other documentation relative to this project to demonstrate expertise in building parking garages.

D. Effective Construction Safety Plan and demonstrated satisfactory record of safety performance on past projects

Using the information submitted in response to the solicitation, the Government will evaluate the offeror’s ability to comply with an effective construction safety plan submitted in response to the requirements of the solicitation. The offeror shall develop a proposed plan in response to this evaluation sub-factor. Additionally the proposal shall include documentation regarding the successful training of personnel in accordance with OSHA requirements (i.e., 30-hour or 10-hour completed OSHA training.) The narrative demonstrates familiarity with and/or plans to adhere to OSHA requirements and other safety requirements incorporated in the solicitation. Additionally, the proposal shall contain relevant information regarding any safety accidents or violations and corrective action taken or demonstrates no documented violations. Offeror shall demonstrate that the company has no more than three serious, or one repeat, or one willful OSHA or EPA violation(s) in the past three years and has an Experience Modification Rate (EMR) of equal to or less than 1.0. Simply having an EMR greater than 1.0 does not eliminate a contractor from selection. The Offeror will be allowed to submit an offer with additional information explaining the EMR; and the CO will need to make a responsibility determination based upon all the usual factors. Further, if the offeror is deemed non-responsible, but otherwise eligible for award; the matter will be referred to the SBA for a Certificate of Competency.

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