36C10F19R0040-002.docx

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WESTERN NEW YORK NATIONAL CEMETERY PHASE 1A Federal contract opportunity
Solicitation number
36C10F19R0040
Issued by
Department of Veterans Affairs Headquarters

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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.

36C10F19R0040 X 04-16-2019

936CM2002

003C4 Department of Veterans Affairs Office of Construction and Facilities Management (00CFM3B) 425 I Street NW Washington DC 20001 Department of Veterans Affairs Office of Construction and Facilities Management (003C4B) 425 I St., NW Room 6E-505L Washington DC 20001 E .J.

Jean -Ja cques 202-632-5472 The Department of Veterans Affairs, Office of Construction & Facilities Management, anticipates awarding a Firm Fixed Priced contract to build the Western New York National Cemetery Phase 1 Development, Project No. 936CM2002, located in the Western New York region. In accordance with the master plan for a 65-site. This proposed cemetery will expand VA's national cemetery system beyond the existing 134 locations.

will be solicited in two construction awards, Phase 1A and Phase 1B. Phase 1A will consist of 4,000 gravesites for casket interments and in-ground cremains plots as well as temporary and permanent structures and associated services essential for the administration, operation and maintenance of the cemetery. Period of performance 900 calendar days with early turn over of 480 calendar days for notice to proceed.

The Contractor shall provide all labor, materials, equipment and supervision for the construction as shown on the plans and specifications and in accordance with the Statement of Work (attached).

This procurement is a total Service Disabled Veteran Owned Businesses (SDVOSB).

The applicable North American Industry ClassificationSystem NAICS CODE: 237990 (size standard $36.5M). The magnitude of construction cost for this project is between $20,000,000 and $50,000,000.

Offerors must be listed and verified in the Vendor Information Pages database, (http://www.VetBiz.gov) as a SDVOSB upon submission of the proposal.

X X 52.211-10 X 2:00p ET 05-16-2019 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

36 19/23 0110B5 923CM2006.11

36x0110 923CM2006.11 101F Department of Veterans Affairs Office of Construction and Facilities Management (003C4B) 425 I St, NW Washington DC 20001 Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 Evenel Jean-Jacques Contracting Officer

CLIN #
CLIN DESCRIPTION
EXPRESSED AMOUNT ($)
WRITTEN AMOUNT
CLIN 001
GENERAL CONSTRUCTION: Work of the Contract includes general conditions,

general construction, alterations, roads, walks, grading, drainage, mechanical and electrical work, utility systems, water storage facilities, necessary removal of existing structures and construction and certain of other items, including the installation of double-depths crypts in CLIN 002, and all other work necessary to construct the project.

CLIN 002
Manufacture, deliver, off-load and store 1,200 pre-placed double-depth crypts and 650 oversized pre-placed double-depth crypts. The cost for placing the crypts is included in CLIN 001.

TOTAL BASE BID

CLINS 001 and 002:

CLIN 003
BID ALTERNATE NO. 1 (ADD): Install Honor Guard Building (with appurtenances) and associated sitework.
CLIN 004A
BID ALTERNATE NO. 2 (ADD): Install 972 pre-placed crypts and associated sitework.
CLIN 004B
BID ALTERNATE NO. 2 (ADD): Manufacture, deliver, off-load and store 972 pre-placed double-depth crypts.
CLIN 005
BID ALTERNATE NO. 3 (ADD): Install fully functional GIS/GPS system, and collect, organize, store and display all Geo-Data as specified herein for this project.

Table of Contents

PART I - THE SCHEDULE1
SECTION A - SOLICITATION/CONTRACT FORM1
A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)1
A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION, ALTERATION, OR REPAIR)– BACK2
INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS6
1.1 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)23
1.2 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)24
1.3 52.216-1 TYPE OF CONTRACT (APR 1984)25
1.4 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014)25
1.5 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)25
1.6 52.228-1 BID GUARANTEE (SEP 1996)26
1.7 52.233-2 SERVICE OF PROTEST (SEP 2006)27
1.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)27
1.9 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)28
1.10 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)28
1.11 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)28
1.12 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)29
REPRESENTATIONS AND CERTIFICATIONS30
3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)30
3.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)33
3.3 52.209-13 VIOLATION OF ARMS CONTROLS TREATIES OR AGREEMENTS—CERTIFICATION (JUN 2018)34
GENERAL CONDITIONS37
4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)37
4.2 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)37
4.3 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)38
4.4 52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (INCLUDES TABLE FOR SEPARATE PARTS OR STAGES) (SEPT 2000)39
4.5 52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)39
4.6 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)40
4.7 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)41
4.8 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010)42
4.9 SUPPLEMENTAL INSURANCE REQUIREMENTS43
4.10 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997) ALTERNATE II (APR 1984)44
4.11 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)45
4.12 52.203-14 DISPLAY OF HOTLINE POSTER(S) (OCT 2015)45
4.13 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)46
4.14 52.219-27 NOTICE OF SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (NOV 2011)47
4.15 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)49
4.16 52.244-2 SUBCONTRACTS (OCT 2010)51
4.17 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)53
4.18 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009)53
4.19 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)53
4.20 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)54
4.21 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)54
4.22 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (JUL 2002)55
4.23 VAAR 852.236-74 INSPECTION OF CONSTRUCTION (JUL 2002)56
4.24 VAAR 852.236-76 CORRESPONDENCE (APR 1984)56
4.25 VAAR 852.236-77 REFERENCE TO "STANDARDS" (JUL 2002)56
4.26 VAAR 852.236-78 GOVERNMENT SUPERVISION (APR 1984)56
4.27 VAAR 852.236-79 DAILY REPORT OF WORKERS AND MATERIAL (APR 1984)56
4.28 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 1984)57
4.29 VAAR 852.236-84 SCHEDULE OF WORK PROGRESS (NOV 1984)57
ADDITIONAL REQUIREMENTS FOR BAR CHART SCHEDULE58
4.30 VAAR 852.236-85 SUPPLEMENTARY LABOR STANDARDS PROVISIONS (APR 1984)58
4.31 VAAR 852.236-86 WORKER'S COMPENSATION (JAN 2008)59
4.32 VAAR 852.236-87 ACCIDENT PREVENTION (SEP 1993)59
4.33 VAAR 852.236-88 CONTRACT CHANGES--SUPPLEMENT (JUL 2002)59
4.34 VAAR 852.236-91 SPECIAL NOTES (JUL 2002)61
4.35 MANDATORY WRITTEN DISCLOSURES62
4.36 VAAR 852.246-70 GUARANTEE (JAN 2008)62
4.37 IT CONTRACT SECURITY64

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

(a) Bidding materials consisting of drawings, specifications and contract forms may be obtained by qualified General (Prime) Contractors interested in submitting bids direct to the Department of Veterans Affairs. Interested parties are responsible for obtaining specifications and drawings from the posted solicitation on FBO. VA will not provide additional specifications and drawing. Any additional or supplemental documents pertaining the Western New York National Cemetery will be posted to FBO under solicitation No. 36C10F19R0040.

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

(c) If the contract will exceed $150,000 (see FAR 28.102-1 for lesser amount), the bidder to whom award is made will be required to furnish two bonds, a Payment Bond, SF 25A, and a Performance Bond, SF 25, each in the penal sum as noted in the General Conditions of the Specification. Copies of SFs 25 and 25A may be obtained upon application to the issuing office.

DESCRIPTION OF WORK: See Block 10 of SF1442, Page 1.

Cost Range: $20,000,000.00 to $50,000,000.00.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

PART I - GENERAL

1. Gender: Whenever the masculine gender is used in this solicitation and contract documents, it shall be considered to include feminine.

2. The Government makes no guarantee as to the accuracy of the electronic copies of drawings.

3. Federal Acquisition Regulations require that federal contractors register in the System for Award Management (SAM) database at http://www.sam.gov and enter all mandatory information into the system. Award cannot be made until the contractor has registered. Offerors are encouraged to ensure that they are registered in SAM prior to submitting their proposal.

4. Mailing List: Offerors are encouraged to enter their contact information in the FedBizOpps website at www.fedbizopps.gov.

5. Amendments: Amendments to Solicitation No.36C10F18R0581will be posted at http://www.fedbizopps.gov. Paper copies of the amendments will NOT be individually mailed. By registering to Receive Notification list at http://www.fedbizopps.gov, you will be notified by e-mail of any new amendments that have been issued and posted. No other notification of amendments will be provided. Potential Offerors are advised that they are responsible for obtaining and acknowledging any amendments to the solicitation. Failure to acknowledge an amendment may result in your proposal being considered non-responsive.

6. A public bid opening will not occur under this RFP solicitation.

8. VETS 100: Title 38, USC Section 4212(d) and Public Law 105-339, requires that federal contractors report, at least annually, the number and category of veterans who are within their workforce. Submission of the VETS 100 reporting information can be done electronically at: http://www.dol.gov/vets/programs/fcp/main.htm. For procurement awards in excess of $25,000, this report must be completed and accepted prior to any Federal contract award. Therefore, all potential contractors are encouraged to file every year.

9. Required registration with contractor performance assessment reporting system (CPARS)

(a) As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (VA) evaluates contractor past performance on all contracts that exceed $700,000, and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that the contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement, VA uses online databases located at the Contractor Performance Assessment Reporting System (CPARS) website; to include the Construction Contractor Appraisal Support System (CCASS), the Architect-Engineer Contract Administration Support System (ACASS), and the Federal Awardee Performance & Integrity Information Retrieval System (FAPPIS). This site is maintained by the Naval Sea Logistics Center. The CPARS database information is shared with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies.

(b) Each contractor whose contract award is estimated to exceed $700,000 is required to register with the CPARS database at the following web address: http://www.cpars.csd.disa.mil/accessforms/userforms.htm (Corporate Senior Contractor Representative). Help in registering can be obtained by contacting CPARS Support E-mail (webptsmh@navy.mil) or by calling (207) 438-1690. Registration should occur no later than thirty days after contract award, and must be kept current should there be any change to the contractor’s registered representative.

(c) For contracts with a period of one year or less, the contracting officer will perform a single evaluation when the contract is complete. For contracts exceeding one year, the contracting officer will evaluate the contractor’s performance annually. Interim reports will be filed each year until the last year of the contract, when the final report will be completed. The report shall be assigned in CPARS to the contractor’s designated representative for comment. The contractor representative will have thirty days to submit any comments and reassign the report to the VA contracting officer.

(d) Failure to have a current registration with the CPARS database, or to reassign the report to the VA contracting officer within those thirty days, will result in the Government’s evaluation being placed on file in the database with a statement that the contractor failed to respond.

Project Labor Agreement Offerors may submit proposals with or without a Project Labor Agreement (PLA.) The PLA shall fully conform to the Federal Acquisition Regulation (FAR) Subpart 22.5 Project Labor Agreement for Federal Construction Projects. No additional points or weight will be assigned to proposals submitted with a PLA. PLA proposals will not be given additional weight towards their technical proposals or towards selection of a proposal for award. Offerors who chose to provide a proposal including a PLA shall do so in compliance with FAR 52.222-33 and FAR 25.222-34 Pre-Submission Inquiries Submit inquiries, questions electronically to the Government's Point of Contact (POC). All requests for information or clarification must be submitted via email to: evenel.jean-jacques@va.gov and Cc lori.hoden@va.gov Western New York National Cemetery phase 1 Development RFP #: 36C10F19R0040. Unless the question deals with issues of a proprietary nature, responses to questions or comments will be posted to www.FBO.gov under Western New York National Cemetery Phase 1 Development RFP #: 36C10F19R0040. No hard copy replies will be issued. Regardless of the manner you choose to deliver your package; it is the Offeror’s responsibility to make sure it is received before the submission deadline.

Date, Time & Place of Submission Proposals shall be received at 425 I Street NW Washington Room 6E-505L DC 20001, on or before 05/16/2019 2:00 p.m. ET, by the Government's POC. Late submissions will not be accepted. All submitted materials will become the property of the Government and will not be returned.

Regardless of the manner you choose to deliver your package; it is the Offeror’s responsibility to make sure it is received before the submission deadline. Late proposals will not be accepted.

· NO Pre- bid walk through. Site has not been developed.

· RFIs due April 29, 2019 by 2:00p ET or earlier

· RFI responses will be posted to FBO

· Submit proposals by May 16, 2019 by 2:00p ET or earlier

· You may hand carry or send proposals via U.S. Mail, FedEx or UPS.

Address: Department of Veteran Affairs Office of Construction & Facilities Management (003C4B) P.O.C: E.J. Jean-Jacques 425 I St NW Rm. 6E-505L 202-632-5472

Project Description The purpose of this project is to establish a new national cemetery to provide burial services for eligible veterans in the western New York area not being served by an open national or state Veterans cemetery within a reasonable distance from their residence. This proposed cemetery will expand VA’s national cemetery system beyond the existing 134 locations. It will provide burial facilities for eligible Veterans in the Rochester-Buffalo, New York area living within a 75-mile radius of this proposed national cemetery. The remainder of the site will be developed in future phased projects in accordance with the cemetery master plan. Those facilities necessary to maintain, operate, and provide burials for approximately ten years will comprise the Phase I construction. Approximately 65 acres of land will be consumed, and 8,200 gravesites developed, including approximately 3,800 gravesites for casket interments, 2,900 columbarium niches and 1,500 in-ground sites for cremated remains.

The project will also include access roads; an entrance area; flag/assembly area; two permanent committal shelters; an administration building/public information center with electronic gravesite locator and public restrooms; memorial walkway/donations area; roadway system and parking; utilities; signage; grading and drainage; site furnishings; fencing; irrigation system as needed consistent with water-wise landscaping principles; utility distribution system; environmental (including historical and cultural resources) preservation and mitigation; a spoils area containment structure; renewable energy initiatives; and a geographic information system.

To ensure the earliest possible delivery of an operational national cemetery for eligible veterans, Phase 1 will be solicited in two construction awards, Phase 1A and Phase 1B. Phase 1A will consist of 4,000 gravesites for casket interments and in-ground cremains plots as well as temporary and permanent structures and associated services essential for the administration, operation and maintenance of the cemetery.

Please reference specifications and drawings for remaining requirements.

Evaluation Procedures The government intends to solicit competitive proposals utilizing a request for proposal (RFP). This acquisition will result in a firm fixed price contract. The basis for award will be FAR 15 Best Value utilizing source selection procedures. The government will award a contract resulting from the solicitation to the responsible Offeror whose offer conforms to the solicitation requirements and will provide the best value to the government considering both technical and pricing factors.

A Technical Evaluation Board (TEB) shall evaluate the Offeror’s technical proposal using the following technical factors and sub-factors:

Factor 1.Past Performance
Factor 2.Relevant Experience
2.1Relevant Team Experience
2.2Key Personnel
Factor 3.Technical Approach
Factor 4.Construction/Project Management
4.1Project Organization and Chart Narrative
4.2Capacity to Perform Work
4.3Quality Control Plan
4.4Safety Plan

Factor 5. Construction Schedule

Non-Technical Factor – Factor 6. Price

Technical factors are equal in importance and sub-factors within factors are equal in importance. When combined, technical factors are significantly more important than price.

The TEB will not be privy to any pricing data during the evaluation of the technical proposals. Pricing will be evaluated by an independent Board made up of the Source Selection Authority, CFM cost estimating team, and others as the SSA deems appropriate.

SELECTION CRITERIA AND WEIGHTINGS:

Responsibility determination will be made in accordance with FAR 9.1 Responsible Prospective Contractors.

OFFEROR SUBMISSION INSTRUCTIONS

To determine the size of the Prime or proposed subcontractors, the Government will utilize the size standard associated with the NAICS code applicable to this solicitation (i.e. 237990, $36.5M).

TECHNICAL EVALUATION RATING SCALES

The evaluation team will utilize the adjectival definitions below to assess each Offeror.

Factor 1 - Past Performance Rating Definitions

Rating
Standard
Exceptional
Performance met contract requirements and exceeded many to the Government's benefit. Problems, if any, were negligible and were resolved in a timely and highly effective manner. Performance was current and very relevant. Excellent probability of success with overall very low degree of risk in meeting Government's requirements.
Very Good
Performance met contract requirements. Good quality. Minor problems may have been identified; however, contractor took satisfactory corrective action to resolve where appropriate. Performance was current and very relevant to relevant. Good probability of success with overall low degree of risk in meeting the government's requirements.
Satisfactory
Performance met most contract requirements. Adequate quality. Problems may have been identified; however, contractor usually took adequate corrective action. Performance was current and relevant. -OR- Although performance exceeds expectations and was rated excellent to very good, the projects submitted were relevant to the efforts required by this solicitation. Fair probability of success with an average degree of risk in meeting the government's requirements.
Marginal
Performance met some contract requirements. Fair quality. Problems may have been identified; however, contractor sometimes took corrective action, but not always to the owner’s satisfaction. Performance was current and generally semi-relevant. Fair probability of success with an overall above average risk in meeting the government’s requirements.
Unsatisfactory
Performance did not meet some contractual requirements. There were problems, some of a somewhat serious to serious nature. Contractor's corrective action was sometimes marginally effective to ineffective. Performance was current to not current and somewhat relevant to not relevant. Probability of success is questionable with an unacceptably high degree of risk in meeting the government’s requirements.
Neutral
No current and/or not relevant performance record is identifiable upon which to base a meaningful performance risk prediction. Government personnel were unable to identify any relevant Past Performance information for the offeror or key team members/subcontractors or their key personnel. This is neither a negative or positive assessment. Unknown.

Factor 2, Factor 3, Factor 4, Factor 5, and All Sub-factors

Adjective
Standard
Exceptional
The Offeror’s technical competencies exceed many of the requirements identified in the RFP and will greatly benefit the Government. There are only a few minor issues identified with their technical proposal which can be satisfactorily addressed through discussions, if needed. Two or more significant strengths exist, and no weaknesses or deficiencies are identified. Very low level of risk associated with selection of this Offeror.
Very Good
The Offeror’s technical competencies exceed some of the requirements identified in the RFP and will have some benefit for the Government. There are some minor issues identified with their technical proposal which can be satisfactorily addressed through discussions, if needed. There is at least one significant strength exists and no more than one weakness and no deficiencies are identified. Low level of risk associated with selection of this Offeror.
Satisfactory
The Offeror’s technical competencies meet all of the requirements identified in the RFP. There are some minor and major issues identified with their technical proposal and the Government anticipates the major issues can be satisfactorily addressed through discussions, if needed. There may be both strengths and weaknesses, but the strengths outweigh the weaknesses and any deficiencies are minor and easily corrected. An average level of risk associated with selection of this Offeror.
Marginal
The Offeror’s technical competencies do not meet some of the requirements identified in the RFP which will adversely impact the Government. There are serious issues identified with their technical proposal and the Government anticipates the issues can possible be satisfactorily addressed through discussions, if needed. Weaknesses outweigh any strength that exist, will be difficult to correct and would require negotiations. Moderate level of risk associated with selection of this Offeror.
Unsatisfactory
The Offeror’s technical competencies do not meet most of the requirements identified in the RFP and will adversely impact the Government. There are serious issues identified with their technical proposal and the Government anticipates the issues cannot be satisfactorily addressed through discussions, if needed. The proposal has one or more significant weaknesses that will be very difficult and/or impossible to correct. High risk associated with selection of this Offeror.

PRICE RATING DEFINITIONS

Volume II Non-Technical, Price Price: Offerors are advised the Tradeoff process (Reference FAR 15.101-1) shall be used in determining the proposal that is in the best interest of the Government and award may be made to other than the lowest priced offeror or other than the highest technically rated offeror.

a.The Government reserves the right to make price/technical trade-offs that are in the best interest and advantageous to the Government in accordance with FAR 15.101, Tradeoff.
b.Competition establishes price reasonableness. Therefore, when contracting on a firm-fixed-price comparison of the proposed prices will usually satisfy the requirement to perform a price analysis, and a price analysis need not be performed. In limited situations, a price analysis (see 15.403-1(c)(1)(i)(B)) may be appropriate to establish reasonableness of the otherwise successful offeror’s price.
(i) Price analysis is the process of independently reviewing and evaluating specific elements of each Offeror's proposed price estimate to determine whether the estimated proposed price elements are representative for the work to be performed; reflect a clear understanding of contract requirements and are consistent with the unique methods of performances and materials described in the Offeror's technical proposal.
c.Analysis will be performed using one or more of the following techniques to ensure a fair and reasonable price:
(I) Comparison of proposed prices received in response to the RFP.
(iii) Comparison of proposed prices with available historical information.
(iv) Comparison of proposed price within competitive range.
(v) Comparison to the Independent Government Estimate (IGE).
(vi) Comparison of other’s offers.
d.Pricing shall be entered onto the Offer Schedule located within the SF1442.

Offerors shall provide a detailed price breakdown with price itemized and totaled according to the corresponding specification section of the work. General Condition items such as mobilization, etc. that are not specifically described shall be included in Section 01 00 00.

The Government will evaluate four aspects of the Offeror’s price proposal 1) reasonableness, 2) completeness 3) balance and 4) comparison of proposed prices to the prices received from other offerors.

The Offerors pricing for the Base and Alternates will be compared and evaluated as follows:

(1)The add Alternates are listed in order of priority. ( NOTE: Because of different funding sources for construction and crypts there may not be enough funds for CLIN 3 while at the same time sufficient funds for CLIN 4).
(2)Work is to be performed within the period of performance.
(3)CLIN 004A and CLIN 004B shall be priced separately.
(4)For each offer, the Contracting Officer will determine the most advantageous proposal (i.e. for each offeror, the most advantageous combination of base and alternates that could be awarded within the funds sources available). Each offeror’s most advantageous proposal will be determined as follows:

a. After funding the base work, the contracting officer will determine, in the listed order of priority, which of the offeror’s alternate(s) can also be funded.

b. If adding the next priority alternate makes an offer’s price exceed the available funds, the Contracting Officer will skip that item and go to the next priority alternate and determine if that alternate can be funded.

(5) The Contracting Officer will use the Offerors’ most advantageous proposals in the comparative evaluation of price. The greater the amount of higher priority work that can be funded the more favorable the price will be considered. Also, if two of the Offeror’s most advantageous proposals can fund the same amount of work, the lower priced proposal will be evaluated more favorably.

The price evaluation team will utilize the above aspects to evaluate the Offerors Volume II Price Proposal. The Offeror is directed to provide a price breakdown of each CLIN Item by major feature and division of work. The Government will evaluate the breakdown against the IGCE to determine if the proposal for the various CLIN Items is balanced for the work to be performed which indicates that the Offeror understands the project requirements and is complete in scope.

EVALUATION CRITERIA

Technical qualifications evaluation factor consists of:

Factor 1.Past Performance
Factor 2.Relevant Experience
2.1Relevant Team Experience
2.2Key Personnel
Factor 3.Technical Approach
Factor 4.Construction/Project Management
4.1Project Organization and Chart Narrative
4.2Capacity to Perform Work
4.3Quality Control Plan
4.4Safety Plan
Factor 5.Construction Schedule

FACTOR 1 - PAST PERFORMANCE

Past performance refers to the quality of recent project performance from the owner's perspective (How satisfactory was the Offeror’s performance on a particular recent project, 2015 to 2019). Describe the price and schedule performance including explanations for any price and/or time growth experienced and include the project’s safety record (i.e. number of lost time accidents/days). Include the project’s safety record (i.e. number of lost time accidents/days). The Government may utilize CPARS as a source for past performance data. The Offeror shall provide DUNS numbers for herself/himself and the Offeror's core team members (Prime General Contractor, joint venture, and/or mentor-protégé partner). The focus of the Government's CPARS query will be for construction projects recently completed or “well underway” within the past 5 years for projects of a similar size (exceeding $20M in construction costs) and complexity. A "well underway" construction project is 50-percent complete at time submission of RFP. The TEB shall consider all available CPARS data and narrative not necessarily limited to contract amount, number and total value of contract modifications, award date, original and final completion dates, quality of workmanship, completeness of submittals, correction of deficient work; management of the work, subcontractor management, and relations between owner and General Contractor or team.

Offerors and their core team members shall provide a listing of project names (not more than ten) and current points of contact (name, phone number, and email address) so the TEB may contact them directly if need be. As noted above, the projects shall be for construction projects recently completed or “well underway” within the past 5 years and of a similar size (exceeding $20M in construction costs) and complexity. Offerors shall have their project references fill out a Past Performance Questionnaire (PPQ) Form (See attachments) and email them directly to the Contracting Officer on or before the closing date of the RFP. In order for the Government to solicit candid, fair comments, the Government will not release the Interview Forms to the Offeror.

These PPQ ratings shall include the following data: current client contacts, NTP date, completion date, contract award amount, final price, name of contractor submitting PPQ, Offeror's name, and brief description of work performed by submitting contractor. The Offeror may supplement the PPQ with additional information at their discretion.

Offerors are responsible for ensuring that the telephone numbers provided for the owner’s representative provided are accurate and that the representative is aware that the TEB may be contacting them regarding the questionnaire and the Offeror’s past performance.

At the government's discretion, past performance information may be obtained from any other sources available to the Government including but not limited to interviews with Project Managers, Contracting Officers, other VA personnel, local agencies and other outside sources.

The evaluation team will assign one overall rating to the Past Performance factor for each Offeror. The evaluation team will assign an adjectival rating based on the information provided by the references and any other sources. In the case of an Offeror without a record of past performance or for whom information on past performance is not available, the Offeror may not be evaluated favorably or unfavorably on past performance and will receive a neutral rating. However, the proposal of an Offeror with no past performance history, while rated neutral in past performance, may not represent the most advantageous proposal to the Government. (Total page limit – 5, not including PPQs)

FACTOR 2 – RELEVANT EXPERIENCE

Sub-Factor 2.1, Relevant Team Experience Sub-factor 2.1 holistically evaluates the Offeror, core team members, and major sub-contractors relevant project experience. Does the Offeror have the right team of major sub-contractors on board to successfully deliver the project on-time and within budget? The evaluation will focus on the specialized experience of the team and their specific experience constructing major features typical of a national cemetery including but not limited to administration building/PIC, maintenance complex, committal shelters, physical security measures including access control, intrusion detection, video surveillance, and fire alarm, mass and fine grading, wetlands mitigation, storm water management, pre-placed crypts, columbarium niches and in ground cremains, memorial walls, public assembly area with main flag pole, roadways, utility systems, site furnishings and signage, landscaping and irrigation, and geographic information system (GIS) site integration.

“Relevant” projects are defined as those construction contracts ongoing or completed within the last 5 years with comparable levels of size and complexity (construction value over $20 million and size exceeding 20-acres) to the Phase 1 Western New York National Cemetery project. Relevance/ complexity aspects include:

· VA/NCA National Cemetery projects

· National Historic Landmark Projects

· State/local/private cemetery projects

· Construction/Installation of pre-placed Crypts, Columbarium Niches (NCA Standard), Memorial Walls (NCA Standard), Natural Stone Columbarium Caps, Stone Veneers, Turf Placement and Maintenance, Landscape Placement and Maintenance, Irrigation Systems, Roadwork, Cold Weather Construction, Wetlands/Environmental Remediation or Restoration.

· Building construction, Golf Courses, Regional Parks, Multiple Sport-Fields Complexes, Large Scale Site Developments with Civil Emphasis requiring precision fine grading.

Offerors shall complete and submit summaries for up to ten (10) relevant projects. The projects must demonstrate relevant construction experience. A project performed by both the GC and partner that demonstrates relevant construction experience will be counted as one relevant project. Offerors without projects meeting the dollar and/or size thresholds described above should submit the requested information for the most relevant projects regardless of value or size.

Multi-division or regionalized firms should submit projects performed by the division/business segment that would, if selected, perform the construction of the National Cemetery project. Projects performed by other divisions/business segments may be submitted but may be considered less relevant than projects performed by the local division/business segment proposing on this project.

Offerors shall summarize the following information not to exceed two (2) pages for each project. (Total page limit – 20):

· Describe the relevance to the Western New York National Cemetery project.

· Describe the project team composition (construction firms involved)

· Include the project’s safety record (i.e. number of lost time accidents/days)

· Describe how sustainable design principles were incorporated into the project; indicate to what extent environmental program goals (e.g., Energy Star, Leadership in Energy and Environmental Design) were achieved.

· Provide project's Point of Contact (name, title, email, and phone number).

Sub-Factor 2.2, Key Personnel Sub-factor 2.2 evaluates the relevant experience of the Offeror's key personnel. Does the Offeror have the right key personnel in-place to ensure a successful and timely delivery of the project? Offerors shall provide resumes for each key person identified below including their relevant experience for being assigned to this project. Though not required, consider using Resumes of Key Personnel Proposed for presenting this information. (Total page limit – 8)

1) Project Executive

2) Project Manager

3) Construction Superintendent

4) Quality Control Officer

5) Safety Officer

6) LEED Coordinator/Commissioning Agent

7) Qualified Project Scheduler (Resume must indicate scheduling software experience with Primavera P6)

FACTOR 3 - TECHNICAL APPROACH

This factor will be used to determine if the Offeror fully understands the project requirements, complexities, and constraints under which the work will be performed and has developed an acceptable strategy for managing and constructing the project within the given parameters. The Offeror shall demonstrate their ability to manage the contract proactively, schedule and satisfactorily complete the construction, manage project quality control and safety, incorporate procedures and plans for managing subcontractor performance, incorporate innovative techniques and practices, prioritize and address activities, respond to emergency situations/requirements, and identify any assumptions, deviations, or exceptions to the RFP.

The technical approach must clearly indicate how the Offeror would proceed if awarded the contract. The Offeror must provide a detailed description of how the proposed approach will enable the project to be constructed within time and budget, and to the highest quality standards worthy of national shrine stature. The Offeror shall demonstrate his capabilities to use various tools, processes, techniques, personnel, and sub-contractors to successfully manage and deliver this project.

· Understanding of the project, work requirements and anticipated challenges (construction)

· Description of critical construction materials & techniques to ensure timely delivery and installation

· Understanding of local conditions such as availability of materials, labor, potential impacts due to weather

· Working in an operational cemetery once the early turnover portion is delivered

· Coordination of temporary and permanent utility services

· Punch List & Final Acceptance

· Training & Project Close Out (Total page limit – 20)

FACTOR 4 – CONSTRUCTION/PROJECT MANAGEMENT:

The Offeror shall demonstrate its ability to manage a project of this magnitude and complexity. The Offeror shall describe its management capabilities and demonstrate that it has the necessary organization, experience, accounting, operational controls, and technical skills (including, as appropriate, such elements as budget and schedule control procedures, quality control measures, and safety programs applicable to materials to be procured and stored or services to be performed by the prospective contractor employees and its subcontractors) to design and build a National Cemetery.

Sub-Factor 4.1, Project Organizational Chart and Narrative:

The Offeror shall provide an Organization Chart and supporting narrative which includes the Offeror’s key personnel as well as major sub-contractors and their key personnel. Offeror shall demonstrate its ability to manage a project of this magnitude and that it has the necessary organization, experience, accounting, operational controls, and technical skills to build a National Cemetery. Clearly describe the prime responsible firm and key personnel as well as the roles and responsibilities of major sub-contractors including Crypt supply and placement, Irrigation System installation, Earthwork subcontractor and Columbarium Niche unit supplier and masonry subcontractor. (Total page limit – 4).

Sub-factor 4.2, Capacity to Perform the Work:

The Offeror and major sub-contractors shall demonstrate they have the resources and capacity to perform the work as required by the contract documents. The narrative shall include their company’s bonding capacity commitment letter (single project and aggregate) and current workload and existing staff utilization. (Total page limit – 3) Sub-factor 4.3, Quality Control Plan:

The Offeror shall describe the team’s quality control approach, corporate systems and capabilities to maintain quality control of the construction. The Offeror shall describe the proposed quality control organization, including the proposed staffing plan. There is no need to submit a detailed quality control plan as the successful Offeror will provide that after award. The Government is interested in demonstrable capabilities to assure control quality and how the Offeror can achieve or exceed the contract’s minimum quality control system requirements. (Total page limit – 2) Sub-factor 4.4, Safety Plan:

Similar to the quality control plan submittal requirement, the Offeror shall describe the team’s approach, systems and/or procedures in-place, and capabilities to maintain a safe work environment and to respond to emergencies that may arise during the course of construction. (Total page limit – 2)

FACTOR 5 – CONSTRUCTION SCHEDULE:

The Offeror shall submit a proposed Level 3 project schedule in the format of a Gantt chart specific to this acquisition. The Offeror shall assume a September 1 Notice to Proceed and 900 calendar day performance period for the completion of all Phase 1A work including punch-list items. The schedule shall show the Early Turnover Work (as described in the Construction Documents) as completed within 480 calendar days from the issuance of the Notice to Proceed. The schedule shall also clearly show the remainder of the required work being completed within the total 900 Calendar days from issuance of the Notice to Proceed. The schedule shall be broken down by phase and major feature/division of work showing start and completion dates. The major work divisions shall be further broken down in sufficient detail to demonstrate the Offeror understands of the project requirements, critical path, and major milestones. The Offeror shall specify allowances for bad weather, days of the week and hours of operation, and the percentage of contract completion achieved at the end of each month of the contract period. The schedule shall be presented in 11” x 17” format, maximum 6 sheets plus a maximum 1 page (letter size) supporting narrative. (Total page limit – 7)

TECHNICAL PROPOSAL PAGE LIMITATIONS:

Technical Proposal Page Limitations

Tab
Description
Total Page Limit**

Volume I – Technical Proposal

Factor I - Past Performance

CPARS List and Past Performance Questionnaire List
5

Factor 2 – Relevant Experience

Relevant Projects
20
Key Personnel
8

Factor 3 - Technical Approach

Technical Approach
20

Factor 4 – Construction/Project Management:

Project Organizational Chart and Narrative
4
Capacity to Perform the Work
3
Quality Control Plan
2
Safety Plan
2
Factor 5 – Construction Schedule
7

**NOTE: Cover pages and index pages do not count towards page limitations. The Government will not review any information that exceeds the page limitation, including attachments, enclosures, charts, etc. For instance, if the total page limitation for a section is 10 pages, the Government will only review 10 pages. Information submitted on the 11th page and beyond will not be reviewed.

PRICE PROPOSAL:

Under separate volume, Offerors shall provide a detailed price breakdown with price itemized and totaled according to the corresponding specification section of the work. General Condition items such as mobilization, etc. that are not specifically described shall be included in Section 01.00.00. Include a CD of the Price Proposal which includes an unlock .excl workbook. The Government will evaluate four aspects of the Offeror’s pricing proposal 1) reasonableness, 2) completeness, 3) balance and 4) comparison of proposed prices to the prices received from other offerors.

PRICE PROPOSAL

The offeror shall submit the following as a separate volume (Volume II).

Price Proposal - Volume II (One Original and Two Copies)

Intro Page
First page of volume II must include:

Name and address of offeror Business Arrangement Contact Name and Phone Number Email Address DUNS Number

TAB 1
Executed Solicitation, Offer and Award Form (SF1442) including supplemental pages with CLIN pricing complete on the Offer Schedule. Offeror shall complete Blocks 14-20C. Signed acknowledgement of all solicitation amendments. Detailed price breakdown.
TAB 2
Executed Bid Guarantee (SF-24)
TAB 3
Printed copy “Representations and Certifications” as submitted on https://www.sam.gov/portal/public /SAM
TAB 4
CD of Proposal which includes a unlock .excl workbook

Reasonableness:

FAR Part 15 does not explicitly define the term “fair and reasonable.” The concept of a fair and reasonable price has elsewhere been described as the price that a prudent businessperson would pay for an item or service under competitive market conditions, given a reasonable knowledge of the marketplace.

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