36C24124R0058.docx
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- Attached to
- 5680--Manchester Construction SATOC Federal contract opportunity
- Solicitation number
- 36C24124R0058
About this file
This document is a Request for Proposal (RFP) for the Manchester VA Medical Center (VAMC) Single Award Task Order Contracts (SATOC). The Department of Veterans Affairs VAMC Manchester has a requirement for ongoing facilities construction, alterations, and repair of buildings, structures, and other real property. The RFP is for an indefinite-delivery, indefinite-quantity (IDIQ) construction contract with a 5-year base period. The work will fall under NAICS code 236220 with a size standard of $45 million. This is a 100% Service-Disabled Veteran-Owned Small Business (SDVOSB) set-aside. Proposals are due by June 3, 2024 and the government intends to award a single IDIQ contract. Pricing will be evaluated for reasonableness, and technical factors such as capability, experience, key personnel, quality control, scheduling, safety, and infection control will be considered in the best value tradeoff source selection.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Attachment 4 Response to RFI 36C24124R0058 Manchester VAMC SATOC IDIQ.pdf | ||
| Attachment 3 Response to RFI 36C24124R0058 Manchester Construction SATOC.pdf | ||
| 36C24124R0058 0004.docx | DOCX document | |
| 36C24124R0058 0003.docx | DOCX document | |
| 36C24124R0058 0002.docx | DOCX document | |
| Attachment 2 Response to RFI 36C24124R0058.pdf | ||
| 36C24124R0058 0001.docx | DOCX document | |
| Attachment 1 Response to RFI 36C24124R0058 Manchester VAMC SATOC IDIQ.pdf | ||
| Attachment 2 Infection Control Risk Assessment ICRA.pdf | ||
| Attachment 4 Past Performance Questionnaire.pdf | ||
| Attachment 3 Pre-Construction Risk Assessment PCRA.pdf | ||
| Attachment 1 Manchester Construction SATOC SOW.pdf |
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Text version
36C24124R0058
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.
36C24124R0058 X 04-04-2024
TBD
N/A Department of Veterans Affairs VAMC Manchester Contracting Officer 718 Smyth Road Manchester
NH
03104 Department of Veterans Affairs VAMC Manchester Contract Specialist 718 Smyth Road Manchester
NH
03104 Anthony Prou This solicitation is a 100% Service-Disabled Veteran-Owned Small Business (SDVOSB) Set Aside. Offerors shall be certified in the Veteran Small Business Certification (VetCert) database at https://veterans.certify.sba.gov at the time of proposal submission.
The Department of Veterans Affairs, VAMC Manchester, 718 Smyth RD, Manchester, NH, 03104 has a requirement for on-going facilities construction, alterations, and repair of buildings, structures, and other real property. The intent of the project is to award Single Award Task Order Contracts (SATOC) via multiple award Indefinite-Delivery Indefinite-Quantity construction contracts to include the following areas: The types of work to be performed will be property maintenance, repair, and construction work. The applicable NAICS codes are 236220 Commercial and Institutional Building Construction with a size standard of $45 million. All contract work will be completed through individual task orders awarded for individual projects. Task order will be priced individually, firm-fixed price, and will include wage determination. The task orders will be ordered against the SATOC. The term of the IDIQ SATOC will be a 5-year base period.
The Solicitation and all information, notices, and amendments will be posted on: https://sam.gov/content/opportunities Any amendments to the solicitation will be posted solely to this website. It is the responsibility of the offeror to verify the amendments issued.
Requests for Information of a technical nature must be provided in writing and shall be submitted by the prospective bidders only by email to Anthony Prou. Oral questions are not acceptable. The subject line must read: RFI 36C24124R0058 Manchester Construction SATOC. The cut-off date for RFIs and questions is May 24, 2024 1600 (EST).
In accordance with FAR 52.204-7, System for Award Management (SAM), prospective contractors shall be registered in the SAM database at the time of bid opening and remain registered.
The five (5) year base contract period will begin upon issuance of a Notice-to-Proceed (NTP). The maximum amount per task order is $2,000.00, the maximum amount for each task order is $1,000,000.00. The guaranteed fee of the SATOC is $2,000.00 for the life of the contract.
RS Means shall be utilized for pricing of future task orders; offerors shall propose a coefficient that will be utilized for the life of the contract.
The government intends to award a single site SATOC IDIQ contract for the Manchester VAMC.
Offerors shall submit their bids via email to Anthony.Prou@va.gov by 06/03/24 16:00 EST. Only electronic bids will be accepted.
Per TO Per TO X X 52.211-10 X Per Task Order 1 electronic 16:00
EDT
06-03-2024 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
Department of Veterans Affairs VAMC Manchester Contract Specialist 718 Smyth Road Manchester
NH
03104 Department of Veterans Affairs Financial Services Center PO Box 149971 Austin
TX
78714-9971 Casey Pridham Contracting Officer
Table of Contents
| PART I - THE SCHEDULE | 1 |
| SECTION A - SOLICITATION/CONTRACT FORM | 1 |
| 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)– BACK | 2 |
| A.3 PRICE/COST SCHEDULE | 6 |
| ITEM INFORMATION | 6 |
| INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS | 6 |
| INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS | 7 |
| 2.1 52.216-1 TYPE OF CONTRACT (APR 1984) | 18 |
| 2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) | 18 |
| 2.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999) | 18 |
| 2.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014) | 19 |
| 2.5 52.228-1 BID GUARANTEE (SEP 1996) | 20 |
| 2.6 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021) | 21 |
| 2.7 52.233-2 SERVICE OF PROTEST (SEP 2006) | 21 |
| 2.8 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995) | 22 |
| 2.9 52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC 2014) | 22 |
| 2.10 52.246-26 REPORTING NONCONFORMING ITEMS (NOV 2021) | 23 |
| 2.11 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 25 |
| 2.12 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) | 26 |
| 2.13 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018) | 26 |
| REPRESENTATIONS AND CERTIFICATIONS | 28 |
| 3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023) (DEVIATION) (JAN 2024) | 28 |
| 3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) | 32 |
| 3.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023) | 34 |
| 3.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 36 |
| 3.5 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—CERTIFICATION (NOV 2021) | 37 |
| GENERAL CONDITIONS | 40 |
| 4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) | 40 |
| 4.2 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB COVERED ENTITIES (DEC 2023) | 40 |
| 4.3 52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—PROHIBITION (DEC 2023) | 41 |
| 4.4 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 46 |
| 4.5 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) | 47 |
| 4.6 52.216-18 ORDERING (AUG 2020) | 47 |
| 4.7 52.216-19 ORDER LIMITATIONS (OCT 1995) | 47 |
| 4.8 52.216-22 INDEFINITE QUANTITY (OCT 1995) | 48 |
| 4.9 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (SEP 2023) | 48 |
| 4.10 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020) | 51 |
| 4.11 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) | 52 |
| 4.12 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (OCT 2022) | 53 |
| 4.13 SUPPLEMENTAL INSURANCE REQUIREMENTS | 58 |
| 4.14 52.244-2 SUBCONTRACTS (JUN 2020) | 58 |
| 4.15 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 61 |
| 4.16 52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016) | 61 |
| 4.17 52.207-6 SOLICITATION OF OFFERS FROM SMALL BUSINESS CONCERNS AND SMALL BUSINESS TEAMING ARRANGEMENTS OR JOINT VENTURES (MULTIPLE-AWARD CONTRACTS) (DEC 2022) | 63 |
| 4.18 52.215-17 WAIVER OF FACILITIES CAPITAL COST OF MONEY (OCT 1997) | 64 |
| 4.19 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020) | 64 |
| 4.20 52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000) | 65 |
| 4.21 52.232-17 INTEREST (MAY 2014) | 66 |
| 4.22 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997) ALTERNATE I (APR 1984) | 68 |
| 4.23 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997) ALTERNATE II (APR 1984) | 69 |
| 4.24 52.243-5 CHANGES AND CHANGED CONDITIONS (APR 1984) | 70 |
| 4.25 52.245-1 GOVERNMENT PROPERTY (SEP 2021) | 71 |
| 4.26 52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (SHORT FORM) (APR 1984) | 83 |
| 4.27 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020) | 84 |
| 4.28 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION) | 84 |
| 4.29 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (NOV 2022) | 87 |
| 4.30 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 88 |
| 4.31 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019) | 90 |
| 4.32 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019) | 91 |
| 4.33 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019) | 91 |
| 4.34 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT ADMINISTRATION (OCT 2020) | 91 |
| 4.35 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 93 |
| 4.36 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT (SEP 2019) | 93 |
| 4.37 MANDATORY WRITTEN DISCLOSURES | 94 |
A.3 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
0.00
| __________________ |
| __________________ |
VAMC Manchester, NH SATOC Contract Coefficient:
Period of Performance: NTP + five-year period or $7,000,000.00 maximum limit per contract, whichever comes first.
Contract Period: Base POP Begin:
POP End:
PRINCIPAL NAICS CODE: 236220 - Commercial and Institutional Building Construction PRODUCT/SERVICE CODE: Z1DA - Maintenance of Hospitals and Infirmaries
| GRAND TOTAL |
| __________________ |
This is a Request for Proposal (RFP) for the Manchester VA Medical Center (VAMC) Single Award Task Order Contracts (SATOC). Please see the instructions below for information on submission requirements.
Page 1 of Page 1 of
INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS
1. Bid Bonds will be required on a task order basis.
1. Payment bonds, Performance Bonds, and other payment protections will be required on a task order basis.
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS
INFORMATION REGARDING PROPOSAL MATERIAL, INSTRUCTIONS, CONDITIONS, AND OTHER STATEMENTS TO OFFERORS
1. SCOPE:
1.1. The Manchester VAMC has a need for general construction services for the maintenance, alterations, and repair of buildings, or other real property projects. Refer to attached “Attachment 1 Manchester Construction SATOC SOW” for additional information.
1.2. The Government intends to award an indefinite-delivery indefinite-quantity (IDIQ), single award task order (SATOC) contract to a single awardee.
1.3. Work performed under these contracts/and or Task Orders will fall under NAICS 236220. The size standard for offerors responding to this RFP is $45M, as provided in Commercial and Institutional Building Construction
2. PAYMENT & PERFORMANCE BONDS:
2.1. The offeror 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 of 100 percent of the original contract price. Copies of SFs 25 and 25A may be obtained from http://www.gsa.gov/portal/forms/type/TOP.
3. DESCRIPTION OF WORK:
3.1. Refer to the Statement of Work and other attachments listed in the solicitation for additional information. (Attachment 1)
4. AVAILABILITY OF SOLICITATION DOCUMENTS:
4.1. All solicitation related documents will be published to Contract Opportunities at https://sam.gov/content/opportunities.
5. REQUEST FOR PROPOSAL:
5.1. This solicitation is being issued as a Request for Proposal in accordance with FAR Part 15.
5.2. Offerors are cautioned to strictly comply with all instructions within this solicitation to ensure submission of a complete proposal. Incomplete proposals may not be evaluated or considered for award.
6. SDVOSB SET-ASIDE:
6.1. This procurement is 100% set-aside for Service-Disabled Veteran-Owned Small Business concerns. Proposals received from other than Service-Disabled Veteran-Owned Small Business concerns will not be considered. All Service-Disabled Veteran-Owned Small Businesses must be listed as “verified” by the SBA’s VetCert at Veteran Small Business Certification (sba.gov) Offerors must be verified by VetCert and visible in the database at TIME OF SUBMISSION OF PROPOSALS AND TIME OF AWARD. Failure to be BOTH visible and verified at the time of proposal submission will result in the offeror’s proposal ineligible for award.
6.2. In accordance with FAR 52.204-7, System for Award Management (SAM), prospective contractors shall be registered in the SAM database at the time of proposal opening and remain registered.
7. TECHNICAL QUESTIONS:
7.1. Questions of a technical nature must be provided in writing and shall be submitted by the prospective offerors to Anthony Prou. Questions shall be submitted only via e-mail to: anthony.prou@va.gov. The subject line must read: RFI 36C24124R0058 Manchester Construction SATOC. Oral questions of a technical nature are not acceptable due to the possibility of misunderstanding or misinterpretation. THE CUT-OFF DATE AND TIME FOR RECEIPT OF QUESTIONS IS MAY 24, 2024, at 1600 (EST).
8. AMENDMENTS:
8.1. Amendments to this solicitation will be posted at https://sam.gov/content/opportunities. Paper copies of the amendments will NOT be individually mailed. 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.
9. PREPARATION OF PROPOSAL:
9.1. The Government will not pay for any costs incurred in preparation and submission of proposals.
10. PROPOSAL SUBMISSION:
10.1. Proposals are due by June 03, 2024, 1600 EST, see block 13a on the SF 1442.
10.2. Offerors shall submit their proposals via email to: casey.pridham@va.gov. and anthony.prou@va.gov. Only electronic proposals will be accepted. No original or hard copies will be accepted.
10.3. Only one (1) electronic proposal shall be submitted. Zero (0) hard copies shall be submitted.
10.4. Disposition of additional copies of successful and unsuccessful proposals: In compliance with FAR Subpart 4.8 the Government will retain one electronic copy of all proposals. The Government will destroy extra copies of proposals. No destruction certificate will be provided.
10.5. Failure to provide electronic proposals at the date and time set for proposals opening, may deem the offeror non-responsive.
11. PROPOSAL FORMAT:
11.1. Volume 1 shall consist of two sections, Factor 1 Technical Information and Factor 2 Past Performance.
11.2. Volume 2 shall consist of Factor 3, Offer Documents, and Price Information.
11.3. Indexing: Each volume will contain a “Table of Contents.” The “Table of Contents” will identify major areas, paragraphs and subparagraphs by number and title as well as by page number and locations.
11.4. Factor 1 shall include Technical Information and no price information.
1. Subfactor 1 Capability and Experience
2. Subfactor 2 Key Personnel
3. Subfactor 3 Quality Control
4. Subfactor 4 Scheduling Methodology
5. Subfactor 5 Safety
6. Subfactor 6 Infection Control
11.5. Factor 2 shall include Past Performance and no price information.
1. Past Performance Questionnaires (PPQs)
2. Contractor Performance Assessment Reporting System (CPARS)
11.6. Factor 3 shall include the following:
1. Completed in its entirety the “Offeror” portion of the SF1442 including acknowledgement of any amendments issued.
2. Representations and Certifications
3. Schedule for Coefficients
4. VAAR 852.219-75 VA Notice of Limitations on Subcontracting—Certificate of Compliance for Services and Construction
12. PROPOSAL PACKAGE CONTENTS:
12.1. Standard Form (SF) 1442 Solicitation, Offer and Award:
The offeror shall complete & sign the “OFFER” section of the SF 1442.
12.2. Instructions to Offerors-Competitive Acquisition
Offerors shall comply with the instructions contained in FAR 52.215-1
12.3. Acknowledgement of All Amendments:
The offeror shall acknowledge all amendments by either 1.) Completing block 14 of the SF 1442. 2.) Returning the signed amendment form(s) with the submission.
12.4. Pricing Schedule:
The offeror shall complete & sign the “OFFER” section of the SF 1442 for the proposed coefficient.
12.5. Representations & Certifications:
The offeror shall provide their Representations and Certifications or their response to FAR 52.204-8 (2) (i) or (ii) Annual Representations and Certifications.
12.6. Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment:
The offeror shall provide their response to FAR 52.204-24 (d)
12.7. Representation Information Regarding Responsibility Matters:
The offeror shall provide their response to FAR 52.209-7 (b) Information Regarding Responsibility Matters.
12.8. Violation of Arms Controls Treaties or Agreements:
The offeror shall provide their response to FAR 52.209-13 (b) (1) or (2) Violation of Arms Controls Treaties or Agreements.
12.9. VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING-CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION:
The offeror shall complete the Certificate of Compliance for Services and Construction located in the solicitation.
13. FACTORS and SUB-FACTORS INSTRUCTION:
13.1. In order to evaluate each proposal, it is necessary that each offeror respond to all items in the same order as presented herein. Offers shall be organized with sections appropriately identified. Offerors are to describe how they intend to fulfill the requirements of this solicitation and how their total offer will meet the minimum needs of the specifications. The response should be concise and provide sufficient information to demonstrate the offeror’s capability to satisfactorily perform the requirements.
13.2. Factor 1 Technical Information
13.2.1. Subfactor 1 Capability and Experience
13.2.1.1. The Offeror shall provide a minimum and maximum of five (5) recent and relevant construction projects (projects provided in addition to the five (5) will not be evaluated) and include the following information:
1. Offeror (Your) Name (Company/Division):
2. Contract Number:
3. Project Number and Title:
4. Location:
5. Contracting Officer and Contact Information (Phone and Email):
6. End User and Contact Information (Phone and Email):
7. Location:
8. Type of Contract (Design/Bid/Build, Design/Build):
9. Award Amount: $
10. Final Amount: $
11. Award Date:
12. Notice to Proceed Date:
13. Original Scheduled and Actual Completion Dates:
14. Number of Change Orders and Reason for Changes:
15. OSHA Citations (If Applicable):
16. List all Major Subcontractors and Contact Information (Phone and Email): Provide detailed description of the work performed under the contract and describe why you believe the work is relevant.
13.2.1.1.1. Relevant projects: defined as projects with various construction disciplines performed in hospitals, followed by work performed in other medical facilities, followed by work performed in other facilities with different infection control measures (i.e. work in regular hospital space, operating rooms/suites) with a magnitude ranging from $35,000-$1,000,000.
13.2.1.1.2. Recent projects: defined as projects completed within five (5) years from the solicitation issue date.
13.2.1.1.3. Provide a letter from the offeror’s surety company addressing ability to obtain bonding and the limits of bonding capacity per project, per aggregate. The inability of an offeror to have the ability to obtain adequate payment protections (performance and payment bonds and alternative payment protections for construction contracts as prescribed in FAR 28.102) may exclude them from award.
13.2.2. Subfactor 2 Key Personnel
13.2.2.1. The Offeror shall propose one (1) team that consists of key personnel (Project Manager, Quality Control Manager, Site Superintendent, Site Safety & Health Officer) that will perform multiple projects at each Medical Center and meet the minimum qualifications of the Statement of Work. Offerors shall include the following information with their submission:
1. Name of the Individual:
2. Company Employed by:
3. Company Position Title:
4. Resume that includes education and relevant experience:
13.2.2.1.1. The proposed Key Personnel will be used on Task Orders and substitutions will require prior written approval of the Contracting Officer.
13.2.3. Subfactor 3 Quality Control
13.2.3.1. Submit a narrative explaining the offeror’s company policy regarding quality control and how they intend to achieve their standard in the following construction operations both onsite and offsite:
1. Coordination/integration with submittals
2. Schedules
3. Acceptance testing
4. Performance testing
5. Commissioning.
13.2.3.2. In addition to what is requested above in the narrative, also include the elements for successful partnering, communication, commitment, and conflict resolution. The QC discussion should provide a detailed explanation of how quality issues are dealt with on various types of construction projects.
13.2.4. Subfactor 4 Scheduling Methodology
13.2.4.1. Provide a schedule for a project that was listed under Subfactor 1, Capability and Experience, and a narrative on how the offeror managed the following within the project period of performance:
1. Submittals
2. Shutdowns
3. Change Orders
4. Unforeseen Conditions
13.2.4.1.1. Timely Completion (if not completed on time explain why)
13.2.5. Subfactor 5 Safety
13.2.5.1. Discuss your corporate safety policy and provide at a minimum, details on training, documentation, and your plan to ensure adherence to OSHA Standards. Include documentation regarding the successful training of personnel in accordance with OSHA requirements (i.e., 30-hour or 10-hour completed OSHA training) as well as relevant information regarding any safety accidents or violations and corrective action taken or demonstrates no documented violations.
13.2.6. Subfactor 6 Infection Control
13.2.6.1. Provide a narrative on how to address the Infection Control Risk Assessment (ICRA) and Pre-Construction Risk Assessment (PCRA) for Large-Scale Construction projects (Large-Scale in this case is defined as projects beyond a period of performance of six months regardless of the dollar value) and for all levels of ICRA (Levels I-IV). The proposal should address, at a minimum, supervision, employee responsibilities, work practices, training, materials and equipment, and risk assessment methods (See Attachment 2 and attachment 3).
13.3. Factor 2 Past Performance
13.3.1. Offerors shall submit most relevant (last 5 years) a minimum of two (2) CPARs as part of past performance as part of the proposal package. Offers can submit a combination of 1 CPARs and 1 PPQ (Attachment 4: Past Performance Questionnaire) to satisfy this requirement.
13.3.2. Board members may also consider personal knowledge of past performance using documentable evidence of adverse past performance.
13.3.3. Offerors do not possess CPARs (due to having no previous government contracts) shall submit most relevant (last 5 years) PPQs.
13.3.4. PPQs–Offerors shall prepare and submit to prior client(s) a minimum of two (2) PPQs for at least 2 relevant projects with a magnitude ranging from $35,000 to $1,000,000, and instruct clients to forward directly to anthony.prou@va.gov no later than the proposal due date. In addition to submitting to clients, offerors shall include the first two pages of the PPQ with contract/client information in their past performance submission. Offerors are encouraged to provide PPQs for other projects in addition to the ones provided under Subfactor 1.
13.3.5. Offerors lacking relevant past performance history may submit information regarding predecessor companies or key personnel who have performed on other contracts. Such information shall, as a minimum, include: Name(s) of Predecessor Company/Sub-contractor and/or Key Personnel and include: Complete Address and Point of Contact; Telephone, Fax Number and email address.
13.3.6. Offerors shall include with their proposal information problems that were encountered on the identified contracts and the Offeror’s corrective actions.
13.3.7. Offerors may also include construction awards, customer letters of commendation, etc., with points of contact and telephone numbers for any relevant projects.
13.3.8. For offerors that are joint ventures, the evaluation will take into account past performance of the joint venture. If the joint venture does not demonstrate past performance for award, the contracting officer will consider the past performance of each party to the joint venture.
13.4. Factor 3 Price
13.4.1. Complete the Schedule with offeror’s proposed coefficient (offerors to provide one (1) Schedule per VA Medical Center)
14. CONTRACT AWARD:
14.1. The Government intends to use the “Best Value” tradeoff process source selection approach in accordance with FAR 15.101-1. To arrive at a Best Value decision, the Source Selection Authority, using the SSEB documentation will integrate the evaluation of Past Performance, Technical and Price. Past Performance and Technical are of equal weight, but when combined, are significantly more important than Price.
14.2. The Contracting Officer will conduct a proposal compliance review after closing for determination of basic proposal adequacy prior to commencing evaluation. Failure to provide a complete proposal consisting of all required information/documents and the coefficient rate may result in the proposal being determined incomplete and no longer considered for award.
14.3. Although the assessment of Past Performance as a specific evaluation factor is separate and distinct from the Determination of Responsibility required by FAR Part 9, Past Performance information obtained herein will be used during the Government’s responsibility determination. The Government also reserves the right to obtain additional information solely for the purpose of making a responsibility determination from all offerors after receipt of proposals. Requests for responsibility information do not constitute discussions.
14.4. Enforceability of proposal: The proposal must set forth full, accurate and complete information as required by this solicitation. The Government will rely on such information in the award of a contract. By submission of the offer, the Offeror agrees that all items proposed (if applicable e.g., key personnel, plans, etc.) will be utilized for the duration of the contract and any substitutions will require prior written consent of the Contracting Officer.
14.5. The offeror shall be held responsible for the validity of all information supplied in his/her proposal. Should subsequent investigation disclose that the fact and conditions were not as stated, the proposal may be rejected.
14.6. Joint Ventures shall comply with requirements of 13 CFR Part 128.402.
15. EVALUATION FACTORS:
15.1. The following factors will be included in the solicitation and will be used to evaluate proposals.
15.2. Factor 1 Technical Information
15.2.1. The Government will assign ratings for the offeror's technical proposal, at the factor level, using an adjectival rating that combines technical merit and proposal risk that most accurately defines the offeror's performance risk considering all subfactors identified in this section. The technical evaluation will be divided into six (6) subfactors. Subfactor 1, Capability and Experience, is more important than Subfactors 2 through 6, which are of equal importance.
15.2.1.1. Subfactor 1 Capability and Experience:
15.2.1.2. The Government will evaluate the offeror’s recent and relevant experience and the ability to obtain adequate payment protections (performance and payment bonds and alternative payment protections for construction contracts as prescribed in FAR 28.102) for construction projects ranging from $35,000-$1,000,000.
15.2.1.3. Subfactor 2 Key Personnel
15.2.1.3.1. The Government will evaluate the offeror’s proposed team to ensure they meet the minimum requirements in the statement of work.
15.2.1.4. Subfactor 3 Quality Control
15.2.1.4.1. The Government will evaluate the offeror’s proposed quality control activities and how they plan on achieving their standard.
15.2.1.5. Subfactor 4 Scheduling Methodology
15.2.1.5.1. The Government will evaluate the offerors’ scheduling methodology to determine if the offeror has scheduling processes that ensure the offeror has the ability to manage the stated tasks and ensure completion and control of the project from beginning to the end.
15.2.1.6. Subfactor 5 Safety
15.2.1.6.1. The Government will evaluate the offerors’ corporate safety policy to ensure adherence to OSHA safety standards.
15.2.1.7. Subfactor 6 Infection Control
15.2.1.7.1. The Government will evaluate the offeror’s narrative on how to address the ICRA and PCRA for Large-Scale Construction projects (Large-Scale in this case is defined as projects beyond a period of performance of six months regardless of the dollar value) and for all levels of ICRA (Levels I-IV).
15.3. Factor 2 Past Performance
15.3.1. The Government will evaluate past performance to assess the risk associated with an offeror’s likelihood of success in performing the solicitation’s requirements as indicated by an offeror’s record of past performance under other contracts. The Contracting Officer will consider references from either inside or outside the federal government, so long as the performance is recent (five years from the issuance of the RFP) and relevant (for the same or similar work). The Contracting Officer may also consider past performance information from sources other than those provided by the offerors.
15.3.2. In the case of an offeror without a record of recent/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 will not be evaluated favorably or unfavorably on past performance and will be considered neutral.
15.3.3. Offerors are advised that in evaluating past performance the Government may use all data provided by the Offeror and data obtained from other sources. Past Performance information regarding contracts not listed by the Offeror may also be evaluated. The Government may contact references provided by the Offeror, as well as any other source it identifies, and information received may be used in the evaluation of the Offeror’s Past Performance. While the Government may elect to consider data obtained from other sources, the burden of providing current, accurate and complete Past Performance information rests with the Offeror.
15.3.4. Offerors are advised that the Government may evaluate personal knowledge of past performance using documentable evidence of adverse past performance.
15.3.5. Past Performance Definitions
15.3.5.1. Recent projects: defined as completed within five (5) years from the solicitation issue date.
15.3.5.2. Relevant projects: defined as projects with various construction disciplines performed in hospitals, followed by work performed in other medical facilities, followed by work performed in other facilities with different infection control measures (i.e. work in regular hospital space, operating rooms/suites) with a magnitude ranging from $35,000-$1,000,000.
15.4. Factor 3 Price
15.4.1. The submitted pricing will be evaluated for reasonableness utilizing one or more of the price analysis techniques set forth in FAR 15.305.
16. EVALUATION:
16.1. Discussions: Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a price and technical approach. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.
16.2. Award Decision: The firms that represent the best value to the Government will be selected for award of a SATOC contract. The Government intends to award an IDIQ SATOC construction contract, single site, at the Manchester VAMC, NH.
16.3. Debriefings: Offerors excluded from the competition before award, may submit a written request for a debriefing to the Contracting Officer in accordance with FAR 15.505. After award, unsuccessful offerors may submit a written request for a debriefing to the Contracting Officer in accordance with FAR 15.506. Email casey.pridham@va.gov to request a debrief.
17. REVIEW REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE ASSESSMENT SYSTEM (CPARS):
17.1. As prescribed in Federal Acquisition Regulation (FAR) Part 42.1502(e), the Department of Veterans Affairs (VA) evaluates contractor past performance on all construction contracts that exceed $750,000 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 an online database, CPARS, which is maintained by the Naval Seal Logistics Center in Portsmouth, Virginia. CPARS has connectivity with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies. PPIRS is the system used to collect and retrieve performance assessment reports used in source selection determinations and completed CPARS report cards transferred to PPIRS. CPARS also includes access to the federal awardee performance and integrity information system (FAPIIS). FAPIIS is a web-enabled application accessed via CPARS for contractor responsibility determination information.
17.2. Each contractor whose contract award is estimated to exceed $750,000 is required to register with CPARS database at the following web address: http://www.cpars.gov/. Help in registering can be obtained by contacting Customer Support Desk at 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.
17.3. 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 re-assign the report to the VA contracting officer.
17.4. Failure to have a current registration in the CPARS database, or to re-assign 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.
18. BACKGROUND INVESTIGATIONS AND SPECIAL AGREEMENT CHECKS:
18.1. All contractor employees are subject to the same level of investigation as VA employees who have access to VA Sensitive Information. The level of background investigation commensurate with the level of access needed to perform the statement of work is: Low Risk. This requirement is applicable to all subcontractor personnel requiring the same access. As per VA Directive 0710, costs of background investigations will be borne by the contractor.
19. DETERMINATION OF NON-RESPONSIVE:
19.1. Proposals received pertaining to this solicitation will be reviewed for responsiveness. Failure to provide documentation as outlined in the Proposals Submission section of the solicitation, at the date and time set for proposal opening, may deem the offeror non-responsive.
20. DETERMINATION OF RESPONSIBILITY:
20.1. A Determination of Responsibility will be conducted for the apparent “low offeror/awardee” prior to award of the project. The Representations and Certifications, along with other information obtained from Government systems, as well as any other information IAW FAR 9.105-1 will be used to make the Determination of Responsibility. NOTE: Any information received by the Government that would cause for a negative Determination of Responsibility may make the offeror ineligible for award
21. SUBCONTRACTOR RESPONSIBILITY
21.1. When it is in the Government’s interest to do so, the contracting officer may directly determine a prospective subcontractor’s responsibility. In this case, the same standards used to determine a prime contractor’s responsibility shall be used by the Government to determine subcontractor responsibility.
22. VETS 4214:
22.1. Title 38, USC Section 4212(d), codified at 41 CFR Section 61-300, requires that federal contractors report, at least annually, the number and category of veterans who are within their workforce. Submission of the VETS-4212 reporting information can be done electronically at: http://www.dol.gov/vets/vets4212.htm. Award cannot be made unless the awardee has filed their VETS-4212 report. Therefore, all offerors are encouraged to file every year. The Contracting Officer may request a copy of the email confirmation of receipt notification, prior to awarding the project.
23. SYSTEM FOR AWARD MANAGEMENT (SAM):
23.1. 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. Offerors are required to be registered in SAM at the time a proposal is submitted to comply with the annual representations and certifications requirements.
24. REFERENCES TO VA ENGINEER, RESIDENT ENGINEER, OR PROJECT MANAGER:
24.1. Any reference contained within the solicitation/contract specifications and/or drawings to the “VA Engineer,” “Resident Engineer,” or “Project Manager” or their abbreviations shall be replaced with “Contracting Officer’s Representative (COR).”
2.1 52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a Firm-Fixed-Price, Indefinite Quantity contract resulting from this solicitation.
(End of Provision)
2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.
(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.
(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.
(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.
(End of Provision)
2.3 52.222-23 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 |
| % |
| 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 52.228-1 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)
2.6 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021)
(a) Offerors shall obtain from each person acting as an individual surety on a bid guarantee—
(1) A pledge of assets…
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