36C10E18R0165-001.docx

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Replace Air Handler Units | Jackson RO Federal contract opportunity
Solicitation number
36C10E18R0165
Issued by
Department of Veterans Affairs Veterans Benefits Administration

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36C10E18R0165

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.

VA

36C10E18R0165 X 06-08-2018 3235-000043 00101 Department of Veterans Affairs Veterans Benefits Administration Office of Acquisition 1800 G. Street N.W.

Washington

DC

20006 Department of Veterans Affairs Veterans Benefits Administration

Scott Russell 336-251-0633 Contractor shall remove, supply, and install Air Handling Units (AHU’s) in accordance with the Statement of Work.

The contractor shall review existing conditions and address site constraints and uncertainties.

Construction shall be in accordance with OSHA, Federal, State and Local codes and/or requirements.

Construction Wage Determination for Jackson County MS, is applicable.

This project is 100% set-side for CVE certified Service Disabled Veteran Owned Small Business' (SDVOSB) capable of meeting the requirements set forth in this solicitation.

NAICS Code: 238220 Construction range of magnitude in accordance with VAAR 836.204 is estimated to be between $1,000,000 and $2,000,000.

Payment and performance bonds are required for this project.

Certificate of Insurance indicating the contractor possesses the required General Liability and Workman's Compensation Insurance is required. The Contractor shall furnish a Certificate of Insurance no later than 10 calendar days after receipt of award.

The site visit will be held on 26 July 2018 at 10:00 AM, CST. at:

Jackson VBA Regional Office 1600 E. Woodrow Wilson Ave Jackson, MS 39216 All participants must RSVP by 10:00 AM CST on 25 July 2018 by contacting Scott Russell by email at scott.russell@va.gov

All questions pertaining to this solicitation or site visit shall be directed to Scott Russell at scott.russell@va.gov Questions are due by 10:00 AM CST on 1 August 2018.

Questions will be collated and answered in the form of an amendment.

X X 52.211-10 X

7:00 AM, EST.

08-07-2018 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

00101 Department of Veterans Affairs Veterans Benefits Administration Office of Acquisition 1800 G. Street N.W.

Washington

DC

20006 All invoices must be emailed to:

Table of Contents

PART I - THE SCHEDULE1
SECTION A - SOLICITATION/CONTRACT FORM1
SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)1
A.1 PRICE/COST SCHEDULE5
ITEM INFORMATION5
A.2 DELIVERY SCHEDULE5
INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS5
1.1 52.228-1 BID GUARANTEE (SEP 1996)5
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS7
2.1 52.216-1 TYPE OF CONTRACT (APR 1984)15
2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014)15
2.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)15
2.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)16
2.5 52.233-2 SERVICE OF PROTEST (SEP 2006)17
2.6 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)18
2.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)18
2.8 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008)19
2.9 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)19
REPRESENTATIONS AND CERTIFICATIONS20
3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018)20
3.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)23
GENERAL CONDITIONS25
4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)27
4.2 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)27
4.3 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)28
4.4 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)28
4.5 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)30
4.6 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010)30
4.7 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)31
4.8 SUPPLEMENTAL INSURANCE REQUIREMENTS34
4.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)35
4.10 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)35
4.11 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)35
4.12 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)36
4.13 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)37
4.14 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (JAN 2008)37
4.15 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)37
4.16 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)37
4.17 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008)38
4.18 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998)39
4.19 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (JUL 2002)39
4.20 VAAR 852.236-74 INSPECTION OF CONSTRUCTION (JUL 2002)40
4.21 VAAR 852.236-76 CORRESPONDENCE (APR 1984)40
4.22 VAAR 852.236-77 REFERENCE TO "STANDARDS" (JUL 2002)40
4.23 VAAR 852.236-78 GOVERNMENT SUPERVISION (APR 1984)40
4.24 VAAR 852.236-79 DAILY REPORT OF WORKERS AND MATERIAL (APR 1984)40
4.25 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 1984) ALTERNATE I (JUL 2002)41
4.26 VAAR 852.236-82 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS) (APR 1984)42
4.27 VAAR 852.236-84 SCHEDULE OF WORK PROGRESS (NOV 1984)45
4.28 VAAR 852.236-85 SUPPLEMENTARY LABOR STANDARDS PROVISIONS (APR 1984)45
4.29 VAAR 852.236-86 WORKER'S COMPENSATION (JAN 2008)45
4.30 VAAR 852.236-87 ACCIDENT PREVENTION (SEP 1993)46
4.31 VAAR 852.236-88 CONTRACT CHANGES--SUPPLEMENT (JUL 2002)46
4.32 VAAR 852.236-89 BUY AMERICAN ACT (JAN 2008)48
4.33 VAAR 852.236-91 SPECIAL NOTES (JUL 2002)48
4.34 VAAR 852.246-74 SPECIAL WARRANTIES (JAN 2008)49

A.1 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1.00
ea
__________________
__________________

The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, and other items and non-personal services necessary to remove and replace four air handlers and associated equipment in accordance with the SOW.

Replace Four Roof Mounted HVAC Air Handlers

GRAND TOTAL
__________________

A.2 DELIVERY SCHEDULE

ITEM NUMBER
QUANTITY
DELIVERY DATE
0001
SHIP TO:
Jackson Veterans Affairs Regional Office

1600 E. Woodrow Wilson Ave Jackson, MS 39216

1.00
180 days after NTP
MARK FOR:
Paul Banis

601-364-7276 Paul.Banis@va.gov

Page 1 of Page 1 of

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

1.1 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)

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

PROPOSAL FORMAT

A. To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

Each volume of the proposal should be separately marked and labeled with the appropriate volume, i.e., Volume I, Volume II, Volume III, and Volume IV. A cover sheet should accompany each volume marked with the following: Volume number, title, solicitation number and the offeror's name. All text shall be single spaced and printed black on white paper (Black and white requirement does not apply to graphics, photos, etc., Company stationary and logos are acceptable). Printing shall be easily readable (12 point font, Times New Roman) cross-references should be utilized to preclude unnecessary duplication of data between sections.

The files are to be unlocked, while the file names shall be labeled “Company Name – Initial” Volume X – Document Title” for the first submission with X indicating the Volume number. File name of later submissions (if necessary), shall be “Company Name – Revision X – Volume X – Document Title’ with X indicating the number of the revision and Volume number.

All electronic copies shall be submitted by email to the Contracting Officer at scott.russell@va.gov

Once received, an e-mail will be sent to validate receipt of the proposal.

If you do not receive an e-mail acknowledging the receipt of your proposal within 4 business hours; please contact the Contracting Officer at scott.russsell@va.gov or 336-251-0633.

Page limitations are as follows:

VOLUME
TITLE PAGE
LIMITS
I
Documents and General Information
None
II
Technical Approach
Not to exceed 6 pages
III
Past Performance
Not to exceed 4 pages
IV
Price
None

Note: Email limits the file size to no more than 5MB. Any proposal greater than 5MB needs to be separated into smaller sections to ensure delivery.

B. Proposal Limitation. The proposal shall not exceed the limits stated above. If the page limits are exceeded, the pages in excess of the limit shall be removed from the proposal. The Government will not accept any changes to the Contractor’s proposal after the closing date and time specified in the solicitation (See FAR 15.208 for further information regarding late proposals). If discussions become necessary, page limitations may be placed on responses to Evaluation Notices (EN). The specified page limits for EN responses will be identified in the letters requesting ENs to the offerors. (1) Page Limit Includes: All executive summaries, appendices, charts, graphs, diagrams, tables, pictures, drawings, etc. (2) Page Limit does not include Teaming Agreements, Letter of Intents, covers for volumes, tables of contents, glossary of abbreviations and acronyms, indices, title pages, cross reference indices, and section dividers/tables if they are inserted solely to provide ease to the reader in locating parts/sections of the proposal. They will be counted if they contain any other information, i.e., diagrams, extraneous data, etc. Pages marked “This page intentionally left blank” will not be counted. (3) A page shall be an 8 ½” X 11” sheet of paper. A page printed doubled-sided shall be counted as two pages. Font size and spacing requirements for illustrations and tables can be at the discretion of the offeror but must be easily readable. Fold-outs will be counted as the appropriate number of pages based on an 8 ½” X 11” sheet of paper. Use at least 1 inch margins on the top and bottom, and 1 inch side margins. The Offeror shall number each page in order to eliminate any confusion. In the event Offeror creates an ambiguity in their numbering of pages, the Government may clarify or exercise its own discretion in counting pages.

PROPOSAL CONTENT

A. Volume I – Documents and General Information.

(1) Documents shall contain the signed copy of all documents requiring signature of the offeror. This includes any/all amendments to this solicitation. Each offeror shall complete (fill-ins and signatures) and submit as stated below. An authorized official of the firm shall sign the offer and all certifications requiring signature. All proposals shall be valid for 120 calendar days.

(2) RFP documents should include the following information as applicable below:

-TAB A - Standard Form 1442, Solicitation Offer and Award with signature. Acknowledgment of Amendments can be made on the face of the SF 1442 or signed copies of the amendments can be included in this section.

-TAB B - Executive Summary, the offeror shall provide an executive summary of the entire proposal, including proposal solutions, and highlight any key or unique approaches. The offeror shall include a list, including addresses, of all companies participating on the offeror’s team, partners, subcontractors, etc. Material presented in this summary shall not be evaluated or considered as meeting the requirements for any parts of the proposal.

-TAB C - Organizational Conflict of Interest (OCI) Mitigation Plan - If required each offeror shall provide an OCI mitigation plan.

- TAB D - General Information - Identification of the proposal point of contact (POC), e-mail address, and phone number; a list of the proposal package contents.

- TAB E - Representations, Certifications, and Other Statements of Offerors.

-TAB F - Copy of Signed Teaming Arrangements or Letter of Intent (If Applicable)

B. Volume II – Technical Approach.

(1) General. Volume II shall be clear, concise, and include sufficient detail for effective evaluation and for substantiating the validity of stated claims. Legibility, clarity and coherence are very important. The proposal should not simply rephrase or restate the Government's requirements, but rather shall provide convincing rationale to address how the offeror intends to meet these requirements. Statements that the offeror understands, can, or will comply with the SOW (including referenced publications, technical data, etc.); statements paraphrasing the Statement of Work (SOW) or parts thereof (including applicable publications, technical data, etc.); and phrases such as “standard procedures will be employed” or “well known techniques will be used“, etc., will be deemed unacceptable. Offerors shall assume that the Government has no prior knowledge of their facilities, processes, or experience, and will base its evaluation on the information presented in the offeror's proposal. Elaborate brochures or documentation, binding, detailed art work, or other embellishments are unnecessary and are not desired.

(2) Volume II should be organized according to the following general outline:

-TAB A - Table of Contents -TAB B - List of Table and Drawings and Glossary of Acronyms and Abbreviations -TAB C - Technical Submission. Include an Executive Summary specific to Volume II.

(3) Content. The proposal information shall reflect the Standard #1 – Technical Approach as described as described below.

D. Volume III – Past Performance

(1) General: The past performance evaluation will be accomplished by reviewing aspects of an Offeror's recent and relevant past performance.

Recent and relevant past performance shall be discussed for the prime contractor and/or any ‘team members” or “teaming partners” proposed to support this contract. The Offeror is provided an opportunity to submit a list of no more than three (3) contracts These contracts shall include the Offeror’s most recent and relevant past performance information on projects which are similar in size, scope, and complexity to the requirement being procured under this solicitation.

Provide a description of the project(s) in which relevant experience was obtained.

(2) Format. The format for the Past Performance proposal shall be as follows:

-TAB A – Executive Summary -TAB B – Past Performance References

(3) Content: Past Performance Submission Requirements.

The Offeror shall submit recent and relevant past performance information that is both recent (with the past three years) and relevant (Installation and integration of air handler units and associated components.

E. Volume IV – Price

(1) General.

The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer's opinion, adequate price competition exists no additional cost information will be requested and certification under FAR 15.406-2 will not be required. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists; offerors may be required to submit information to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price. The proposed price will be evaluated in accordance with FAR 15.4 utilizing the price analysis techniques in FAR 15.404-1(b) deemed appropriate. The Contracting Officer will make a determination that the proposed price is fair and reasonable based on comparison of proposed prices received in response to this solicitation.

(2) Format. The format for the price proposal shall be as follows:

-TAB A – Executive Summary -TAB B – Price/Cost Schedule

(a) TAB A – Executive Summary – The executive summary shall describe the offeror’s rationale/methodology for its pricing approach. The offeror shall identify any pricing assumptions made.

(b) TAB B - Price/Cost Schedule: Provide Price/Cost Schedule completed in its entirety.

BASIS FOR AWARD

This is a best value source selection conducted in accordance with Federal Acquisition Regulation (FAR) 15.3, Source Selection. Award will be made to a single Offeror who is deemed responsible in accordance with the Federal Acquisition Regulation (FAR), whose proposal conforms to the solicitation requirements, and whose proposal is judged by an overall assessment of the evaluation criteria, represents the best value offer. Trade-offs between price and non-price factors are permitted. Unreasonably high, unbalanced, inaccurate or incomplete price proposals may be the grounds for eliminating a proposal from competition. The Government will evaluate proposed prices for reasonableness in accordance with FAR 15.404-1 (Proposal analysis techniques). Past performance shall be evaluated in accordance with FAR 15.305. Should the Government conduct discussions, the procedures prescribed at FAR 15.306 (c) and (d) will be utilized. The Government reserves the right to forego discussions if the Contracting Officer determines it to be in the best interest of the Government to award without discussions. As a result, the Offeror’s initial proposal should contain the Offeror’s best terms from a price and technical standpoint. In the event discussions are held, a competitive range determination will be made.

EVALUATION CRITERIA.

The proposals will be evaluated under three evaluation factors: Factor 1 (Technical; Approach), Factor 2 (Past Performance), and Factor 3 (Price).

Relative importance of factors: Factor 1 (Technical Approach) is equally important to Factor 2 (Past Performance) and when combined is slightly more important than Factor 3 (Price). In accordance with FAR 15.304(e), all evaluation factors other than Price, when combined are approximately equal to Factor 4 (Price).

Factor 1: Technical Approach Factor 2: Past Performance Factor 3: Price

Evaluation Factor #1: Technical Approach

1) The Technical Approach evaluation provides an assessment of the Offeror’s capability to meet or exceed the Government’s requirements. If the contractor proposal exceeds the requirement they shall fully explain the cost benefit of utilizing the approach. The evaluation will focus on the strengths, weaknesses, and deficiencies of the Offeror's proposal. Assessment criteria includes: adequacy and feasibility of the approach and demonstrating complete understanding of the requirement.

2) Each offeror shall submit a technical approach narrative which demonstrates how the offeror intends to accomplish the requirements as stated in the SOW. The narrative shall also describe how the offeror will ensure adequate air supply is provided to each floor of the facility during the dismantling and replacement of each air handler to ensure no unreasonable loss of conditioned air to the office personnel during their scheduled work hours. The building must be fully operational at all times with no unscheduled interruptions. The offeror shall provide a list of the specific proposed equipment to be supplied, which shall include the specifications, and how the equipment meets the standards as listed in the SOW. The offeror shall also provide a critical path method schedule for accomplishing the project phases in accordance with the SOW.

Definitions:

Strength: Any aspect of a proposal, when judged against a stated evaluation criterion, which enhances the merit of the proposal or increases the probability of successful performance of the contract.

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

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.

Project Approach Rating Scheme - The combined technical/risk rating includes consideration of risk in conjunction with the strengths, weaknesses, and deficiencies in determining technical ratings. Combined technical/risk evaluations shall utilize the combined technical/risk ratings listed in the following Table

Combined Technical/Risk Ratings

Rating
Description
Outstanding
Proposal meets requirements and indicates an exceptional approach and understanding of the requirements. Strengths far outweigh any weaknesses. Risk of unsuccessful performance is very low.
Good
Proposal meets requirements and indicates a thorough approach and understanding of the requirements. Proposal contains strengths which outweigh any weaknesses. Risk of unsuccessful performance is low.
Acceptable
Proposal meets requirements and indicates an adequate approach and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact on contract performance. Risk of unsuccessful performance is no worse than moderate.
Marginal
Proposal does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements. The proposal has one or more weaknesses which are not offset by strengths. Risk of unsuccessful performance is high.
Unacceptable
Proposal does not meet requirements and contains one or more deficiencies. Proposal is not awardable.

Evaluation Factor #2 - Past Performance.

1) The Past Performance evaluation will assess the relative risks associated with an Offeror’s likelihood of success in performing the solicitation’s requirements as indicated by that Offeror’s record of past performance. Performance risk is assessed at the factor level after evaluating aspects of the Offeror’s recent past performance and focusing on performance that is relevant to the services being procured under this solicitation. Offerors are cautioned that in conducting the performance risk assessment, the Government may use data provided in the Offeror’s proposal and data obtained from other sources, such as the Past Performance Information Retrieval System (PPIRS) or similar systems and State Department Watch Lists. The areas of Past Performance in PPIRS to be reviewed in the evaluation process include:

• Business Relations

• Quality of Service

• Schedule

• Customer Satisfaction

These projects shall be either performed for Government agencies and/or commercial customers within the last three (3) years from the solicitation release date.

The Government reserves the right to obtain past performance data from other sources than those identified by the Offeror in evaluating past performance. This includes, but not limited to, the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases; interviews with Program Managers, Contracting Officers,; and the Defense Contract Management Agency. Offerors are reminded that both independent data and data provided by Offerors in their proposals may be used by the Government to evaluate the Offerors past performance. The Contracting Officer may also evaluate past performance based on direct knowledge of the Contractor’s performance on current or recent contracts. However, the burden of providing thorough, complete, and current past performance information as requested in this paragraph remains with the Offerors. All past performance received will be taken into account and could affect the overall rating. The overall past performance evaluation is a subjective decision based on the whole of all data received. In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

Performance Confidence Assessment Overview. The Government will perform a Performance Confidence Assessment of the Offeror’s past performance to arrive at a confidence rating. The Performance Confidence Assessment represents the evaluation of an Offeror's past work record to assess the Government's confidence in the Offeror's probability of successfully performing as proposed. The Past Performance evaluation will be accomplished by reviewing aspects of an Offeror's recent and relevant past performance, focusing on and targeting performance which is relevant to the effort as it directly relates to the work being procured under this solicitation and as defined as relevant in Section M. The past performance data shall be evaluated based on the demonstration of a successful history of past contract performance based on following:

Recency Assessment. An assessment of the past performance information will be made to determine if it is recent. To be recent, the effort must be ongoing or must have been performed during the past three years from the date of issuance of this solicitation. Past performance information that fails this condition will not be further evaluated.

Relevancy Assessment. To be relevant, the effort must be similar in nature of work, size and complexity. The Government has defined relevance as experience in fully compliant mold remediation within an active office environment or Government facility. The Government will conduct an in-depth evaluation of all recent performance information obtained to determine if it is the same or similar in nature, size and complexity to the services/products being procured under this solicitation. With respect to relevancy, more relevant past performance is a stronger predictor of future success and will have more influence on the past performance confidence assessment than past performance of lesser relevance.

Offerors without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

Past Performance Ratings

Rating
Description
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.
Limited Confidence
Based on the offeror’s recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort.

No Confidence Based on the offeror’s recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

Unknown Confidence (Neutral) No recent/relevant performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

Evaluation Factor #3– Price. Price will not be scored or rated. The techniques and procedures described under FAR Part 15.404-1(b) will be the primary means of assessing price. The objective of price analysis is to ensure that the final agreed-to price is fair and reasonable. Unbalanced Pricing may be evaluated in accordance with FAR 15.404-1(g), as applicable, to assess potential performance risk which could result in unreasonably high prices.

1) Offerors shall provide an electronic copy of an Excel workbook with a spreadsheet depicting each labor category, the proposed number of labor hours, and the total price for the work to be accomplished for each labor category. In addition, the spreadsheet will list each major component and include the proposed Brand Name and Model Number and price for the component. The total price for all trades, plus the major component, G&A, overhead, and profit should reflect the offerors total evaluated price. All pricing shall be good for 120 days from proposal due date.

Definitions:

Reasonableness: A price is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person in the conduct of competitive business.

Unbalanced: Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly over or understated as indicated by the application of price analysis techniques.

A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either part. Before the Offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

FAR Number
Title
Date
52.204-7
SYSTEM FOR AWARD MANAGEMENT
OCT 2016
52.204-16
COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING
JUL 2016
52.215-1
INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITION
JAN 2017
52.236-28
PREPARATION OF PROPOSALS—CONSTRUCTION
OCT 1997

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)

FAR Number
Title
Date
52.204-22
ALTERNATIVE LINE ITEM PROPOSAL
JAN 2017

2.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

Goals for minority participation for each trade
Goals for female participation for each trade
3 %
6.9 %

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

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

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

(End of Provision)

2.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)

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

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

(c) Evaluation of offers.

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

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.5 52.233-2 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:

Scott Russell Contracting Officer Hand-Carried Address:

Veterans Benefits Administration Office of Acquisitions

1800 G. Street N.W Washington DC 20006 Mailing Address:

Same as above

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

2.6 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— 26 July 2018

(c) Participants will meet at—

10:00 AM CST

(End of Provision)

2.7 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) 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 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008) The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the Web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer.

[Contracting officer shall list all FAR and 48 CFR Chapter 8 (VAAR) provisions and clauses incorporated by reference that must be completed by the offeror or prospective contractor and submitted with the quotation or offer.] (End of Provision)

2.9 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)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238220.

(2) The small business size standard is $15 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…

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