36C24225R0044_1.docx

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Z1DA--632-15-101 REPLACE PRIMARY ELECTRICAL DISTRO, PH 1 Federal contract opportunity
Solicitation number
36C24225R0044
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 2

About this file

This document is a federal solicitation for the Department of Veterans Affairs (VA) Northport Medical Center to replace the primary electrical distribution system. The project, numbered 632-15-101, is a 100% Service-Disabled Veteran-Owned Small Business (SDVOSB) set-aside procurement with a project magnitude between $10 million and $20 million. The scope includes developing a new site with a switchgear building, constructing a new building to accommodate 15 kV medium voltage switchgear, providing utility feeders from PSEG Long Island, installing underground ductbank feeders, and demolishing existing switchgears.

The solicitation (36C24225R0044) requires contractors to be registered in SAM under NAICS code 237130 and verified by SBA. The project has a 720-calendar-day completion timeline from the Notice to Proceed, with a site visit scheduled for April 10, 2025, at 9:00 AM ET. Prospective offerors must submit various documents including VETS-4212 reports, Experience Modification Rate information, Buy American Certification, and Limitations on Subcontracting Certification. The contract will be awarded using a "Best Value" tradeoff process, considering technical capability, experience, past performance, schedule, and price, with technical factors being more important than price.

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36C24225R0044

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.

36C24225R0044 X 04-03-2025 632-15-101 36C242 Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx

NY

10468-3904 Department of Veterans Affair Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx

NY

10468-3904 Jean M. Paul via email at jean.paul@va.gov General Description: Contractor to provide all labor, equipment, supervision, and materials to Replace Primary Electri-cal Distribution, Phase I at the Northport VA Medical Center 79 Middleville Road, Northport, NY 11768.

Project number: 632-15-101 Set-aside: 100% SDVOSB - This is a Small Business set aside procurement.

Project Magnitude: between $10,000,000 and $20,000,000.

NAICS: 237130 Power and Communication Line and Related Structures Construction NAICS Small Business Size Standard: $45M Completion Time is 720 calendar days from the issuance of the Notice to Proceed.

All prospective offerors must be registered in SAM (www.sam.gov) under NAICS 237130, and verified/visible/certified in SBA at the time of offer submission and before award of this procurement. Failure to be verified by SBA prior to award of this contract will result in the offerors proposal being deemed non-compliant.

Prospective offerors are urged to contact SBA and submit documents to obtain verification of the Small Business status if they have not already done so. In accordance with FAR 52.204-7, prospective contractors shall be registered in the SAM database prior to award of a federal contract. All offerors must submit their VETS-4212 report.

All offerors shall submit information regarding their current Experience Modification Rate (EMR). This information shall be obtained from the offeror's insurance company and be furnished on the insurance carrier's letterhead.

Offerors are required to complete the Buy American Certification and the Limitations on Subcontracting Certification.

The Architect-Engineer that designed this project cannot be awarded the construction contract.

Site visit: April 10, 2025, at 09:00 AM ET. Location: Northport VAMC at 79 Middleville Northport, NY 11768.

Request for Information (RFI) deadline: April 17, 20225

X X 52.211-10 X

EDT

05-08-2025 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

36C242 Department of Veterans Affairs James J. Peters VA Medical Center Network Contracting Office 2 130 West Kingsbridge Road Bronx

NY

10468-3904 Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/

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 BONDS10
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS13
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 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)18
2.4 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)19
2.5 52.233-2 SERVICE OF PROTEST (SEP 2006)20
2.6 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)20
2.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)21
2.8 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)21
2.9 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)21
2.10 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)22
2.11 VAAR 852.236-92 NOTICE TO BIDDERS—ADDITIVE OR DEDUCTIVE BID LINE ITEMS (APR 2019)22
2.12 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008)23
REPRESENTATIONS AND CERTIFICATIONS24
3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2025)24
3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)28
3.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)30
3.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)32
3.5 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—CERTIFICATION (NOV 2021)33
GENERAL CONDITIONS36
4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)36
4.2 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB COVERED ENTITIES (DEC 2023)36
4.3 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)37
4.4 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ALTERNATE I (APR 1984)38
4.5 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)39
4.6 52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022)41
4.7 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)43
4.8 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010)44
4.9 SUPPLEMENTAL INSURANCE REQUIREMENTS45
4.10 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)46
4.11 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)46
4.12 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)47
4.13 52.223-21 FOAMS (MAY 2024)48
4.14 52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (NOV 2023)49
4.15 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)56
4.16 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019)57
4.17 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019)58
4.18 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019)59
4.19 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT ADMINISTRATION (OCT 2020)59
4.20 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)60
4.21 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT (SEP 2019)61
4.22 MANDATORY WRITTEN DISCLOSURES62
4.23 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)62
4.24 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)62
4.25 VAAR 852.223-71 SAFETY AND HEALTH (SEP 2019)63
4.26 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)64
4.27 VAAR 852.232-70 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS– CPM) (NOV 2018)64

DEPARTMENT OF VETERANS AFFAIRS

Northport VA Medical Center 79 Middleville Road, Northport NY, 11768

SCOPE OF WORK

Project: 632-15-101 - Replace Primary Electrical Distribution Ph 1

LOCATION OF PROJECT This project is for replacing primary electrical distribution system for Northport VA Medical Center facilities at 79 Middleville Road, Northport, NY 11768.

SCOPE OF WORK This project is to replace primary electrical distribution system up to manhole P-7 near Building 17. Scope of work includes but is not limited to the following:

· Develop site to build new switchgear building and new roadway.

· Construct new building to accommodate new 15 kV medium voltage switchgear and equipment service the building.

· Provide two utility feeders from PSEG Long Island utility poles on the Middleville Road. All PSEG utility work shall be coordinated by the contractor.

· Provide new underground concrete encased ductbank feeders A, B, C, D and E for the campus from 15kV medium voltage switchgear up to manhole P-7.

· Provide new underground concrete encased ductbank for optical fiber cabling distribution and terminations to interface new MV switchgear building with Campus infrastructure.

· Provide new heavy-duty roadway and new site lighting to new switchgear building.

· Demolition of existing 15KV switchgears and enclosure.

· Demolition of existing 15KV switchgears and enclosures added for CHP project.

· Contractor shall visit the facility to familiarize themselves with the areas of work before submitting a bid.

· The Contractor shall furnish labor and materials and perform all work as required by the drawings and specifications, the contract and bid documents.

· Contractor shall provide as-builts in PDF and most current AutoCAD version upon conclusion of the project.

SCHEDULE: Project timeline is 720 calendar days from the Notice To Proceed for field installation services.

REQUIREMENTS: The Contracting Officer or his/her designee will notify the contractor of any noncompliance with the foregoing provisions and the action to be taken. The Contractor shall, after receipt of such notice, immediately correct the conditions to which attention has been directed. Such notice, when served on the Contractor or his/her representative at the site of the work, shall be deemed sufficient for the purpose aforesaid. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all and any part of the work and hold the Contractor in default.

COMPLIANCE:

· Contractor shall comply with all VA infection control requirements, penetration requirements etc. including obtaining all necessary permits. All work must be coordinated with the COR.

· The contractor shall comply with VA contractor ID badge requirements.

· The contractor to provide to COR Weekly reports. And meet with COR daily.

· Vicinity and work time shall be defined by the COR. Loud work shall be defined by the COR.

· Contractor to comply with all VA requirements for work in healthcare facilities.

· Contractor to comply with all specification and drawing requirements.

· Contractor to provide all close out documentation 15 days prior to completion of project.

· Upon acceptance of closeout documentation by the VA contractor can apply for final payments.

· Contractor to provide 1-year guarantee of all materials and workmanship from date of receipt and verification of installation operation and all required certifications.

· Upon acceptance of closeout documentation by the VA contractor can apply for final payments.

· A site walk through shall be scheduled by the CO and must be attended by all prospective bidders.

INSPECTION, SAFETY AND SECURITY:

The COR will perform the inspection in the presence of the contractor personnel, prior to the contractor personnel leaving the facility. No invoices will be processed for payment prior to the completion of COR inspection.

Request for interruption of any services must be approved by the COR, contractors shall first make a request in writing (email, letter, etc.) requesting any interruption of any service four (4) weeks in advance. Some work may need to take place on nights and weekends. There shall be no live electrical work at any time.

Contractors shall be responsible to plan and coordinate all work with the COR who will coordinate and provide access. Contractors are responsible for safety, record keeping, security monitoring, and inspection of area. Maintain Certified Payroll and Daily Logs.

Contractors shall coordinate with engineering PIV card sponsor as directed by COR, copy of OSHA 10 hour; see VA Specification section 01 00 00 General Requirements for a complete list of required documents. PIV card request forms in pdf format are included in this procurement.

The contractors shall designate a competent person refer to specification 01 35 26, Safety Requirements for Training documentation. All contractor personnel and its sub-contractors must wear face masks all the time while on VA property.

OTHER RELATED SERVICES (NOT INCLUDED IN THE SCOPE OF WORK)

Any services not expressly stated in this statement of work are not authorized. Services such as inspection, Original Equipment Manufacturer (OEM) required maintenance, or other maintenance and repair vital to the continued functioning of the systems may be added only after written modification from the contracting officer. No other person, including the COR or any other VA personnel are authorized to request additional work be performed by the contractor. Any additional services performed that are not authorized by the contracting officer will be considered inclusive.

CONSTRUCTION MANAGEMENT PLATFORM Requirements:

1. Construction contractors and A/E design firms, selected by award to perform work at VISN 2 VA facilities, are required to utilize VISN 2 Autodesk Build Construction management platform, also called Autodesk Construction Cloud (ACC). Access to the platform and training portal will be provided by VISN 2 through project Contracting Officer Representative (COR) at no cost for the duration of the project. Autodesk Build is the management and collaborative environment that VISN 2 uses for all its Non-Recurring Maintenance (NRM), Minor Program projects, Feasibility Studies, Commissioning and Retro-Commissioning contracts. There is no user, license, or subscription fee to the contractor for using this cloud-based platform.

1. Contractor shall accomplish and complete the following tasks upon award of contract:

1. Request access to ACC platform and ProductivityNOW eLearning Site to project VA COR NLT 14 days from contract award.

1. Only staff that shall utilize the platform to be granted access. Examples: Project manager, sub-contractors POC, Site manager, Safety officer, etc.

1. The access request shall be in writing and include a list of staff. The list shall include the following information:

· Full Name

· Company Name

· Email Address

· Role/Position on the project (i.e., Project manager, site super)

1. Upon granting access, staff shall complete required ACC training through ProductivityNOW platform within 12 Calendar days.

1. Upon successful completion of training, contractor shall submit certificates of completion to COR NLT 2 business days.

1. Access to ProductivityNOW eLearning will expire after 12 Calendar days after online access is granted. Contractor shall complete ACC training within that period.

1. Additional Staff and Subcontractors can be added at any time with a request submission to the project COR as described above.

1. The contractor shall only use the ACC platform for contract required submissions, official project correspondence to be acknowledged, reviewed, and actioned by the responsible party. No additional time shall be added to the contract, nor an increase in contract amount be provided for the contractor’s failure to utilize the ACC platform as the project’s official communication and collaboration system. Any correspondence out of platform shall not be the governing authority contradicting direction and will be at the contractor’s expense. Official project correspondence and collaboration includes but not limited to: RFIs, submittals, schedules, shutdown requests, actionable tasks, reports, testing, safety inspections, photos, and site surveys.

1. Contractor must inform the COR of any staff changes NLT 2 business days from the change. Staff changes pertains to staff who was granted access to the ACC platform. Contractor shall request termination of access, replacement of personnel and/or any other action that might impact the contractor ability to maintain required utilization of the platform.

1. Contractor submission requirements cannot be accepted for work to begin without meeting all ACC Platform requirements outlined herein, including completing required ACC platform training.

INFORMATION SECURITY

· This contract does not involve VA sensitive information and contractor personnel do not require access to VA computer systems. Information made available to the

· contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of VA.

Information Security/Privacy/ Records Management - The Department of Veterans Affairs, VA must comply with all applicable privacy and confidentiality statutes and regulations. One of the requirements in VA is to have all personnel trained annually on privacy requirements. “Privacy” represents what must be protected by VA in the collection, use, and disclosure of personal information whether the medium is electronic, paper or verbal.

This document (20939 training) satisfies the “basic” privacy training requirement for a contractor, volunteer, or other personnel only if the individual does not use VA sensitive information or protected health information (PHI) in any form such as electronic or paper or have access to any VA computer system.

The Contracting Officer Representative (COR/ COTR/ Project Manager) is responsible to obtain this training from the contractor and to maintain according to the Records Control Schedule (RCS 10-1).

NATIONAL ARCHIVES and RECORDS ADMINISTRATION (NARA) RECORDS MANAGEMENT:

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created while performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. The Department of Veterans Affairs Northport Medical Center and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of The Department of Veterans Affairs Northport Medical Center or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701.

In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to Northport VAMC. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to The Department of Veterans Affairs Northport Medical Center control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and The Department of Veterans Affairs Northport Medical Center guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with The Department of Veterans Affairs Northport Medical Center policy.

8. The Contractor shall not create or maintain any records containing any non-public The Department of Veterans Affairs Northport Medical Center information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The Department of Veterans Affairs Northport Medical Center owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which The Department of Veterans Affairs Northport Medical Center shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

12. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

13. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

December

, 202

Page 1 of Page 1 of

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

GENERAL PROPOSAL INFORMATION

1. Proposal materials consisting of Request for Proposal, drawings, specifications and contract forms will be available on http://www.sam.gov in electronic format only. All interested parties (subs & primes) should register at http://www.sam.gov as an “Interested Vendor” so that others will know of your interest in participating in this procurement. An Offerors mailing list WILL NOT BE prepared by the Contracting Officer. SOLICITATION AMENDMENTS: Amendments to the solicitation will be posted at http://www.sam.gov. Paper copies of the amendments will NOT be individually mailed. By registering to “Receive Notification”, 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. Offerors are reminded that they are responsible for obtaining and acknowledging all amendments to this solicitation prior to the time for receipt of offers.

1. If an offer exceeds $150,000 a bid bond must be submitted. A bid guarantee is required in an amount not less than 20 percent of the proposal 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 offers, will require rejection of the offer in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then.

1. If the contract will exceed $150,000 (see FAR 28.102-1 for lesser amount), 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 as noted in the General Conditions of the Specification. Copies of SFs 25 and 25A may be obtained upon application to the issuing office.

1. If the offer is between $30,000 - $150,000 The offeror to whom award is made will be required to furnish a Payment Bond, Standard Form 25A or alternative payment protection which conforms to the requirements set forth in FAR Clause 52.228-13, Alternative Payment Protections, as noted in the General Conditions of this Specification. Copies of the Standard Form of Payment Bond may be obtained upon application to the Issuing Office.

1. VAAR Clause 852.219-77 (included herein) is required to be completed and returned with each proposal. Proposals without a completed VAAR Clause 852.219-77 will be considered ineligible for evaluation and award.

1. Service-Disabled Veteran-Owned Small Business Verification: This action is a 100% set aside for verified Service-Disabled Veteran Owned Small Businesses (SDVOSB) in VetCert. The award of this solicitation shall not be delayed due to loss of SDVOSB verification. Proposals submitted by non-verified SDVOSB will be excluded from award consideration.

1. Joint Ventures must be verified SDVOSBs and registered in SAM at the time of solicitation response and at award.

1. VETS-4212: 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. This VETS-4212 report can be submitted per the instructions at https://www.dol.gov/agencies/vets/programs/vets4212. For assistance contact VETS-4212 customer support at 1-866-237-0275 or vets4212-customersupport@dolncc.dol.gov. For procurement awards in excess of $150,000, this report must be completed and accepted prior to any Federal contract award. Therefore, all potential contractors are encouraged to file every year.

1. Proposals that contain a Teaming Agreement must provide the following information at time of proposal submittal:

· Legal name of company that will be teaming with the offeror firm

· Legal address of the company that will be teaming with the offer firm

· Duns & Bradstreet number of the company that will be teaming with the offeror firm

· Copy of the System Award Management (SAM) document of the company that will be teaming with the offeror firm.

· Offeror firm must submit a narrative identifying exactly how the Teaming Agreement will be written defining each party’s role in the preparation process and clearly defines separate roles for the proposed prime contractor and for the proposed subcontractor and how the proposed offeror intends to totally control contract performance. The teaming subcontractor must not have a role in contract management, particularly, a role where the teaming subcontractor employees are the key personnel. The narrative needs to contain the listing of team members, responsibilities of the team members, duration, and responsibilities of the team lead contractor. All bonds must be in the offeror’s name. Failure to provide complete narrative describe above at time of the proposal will be considered unacceptable and their proposal will be rejected.

Prior to award, should the selected offeror indicate their proposal contains a Teaming Agreement, the offeror has ten (10) calendar days to provide a duly executed Teaming Agreement acceptable to the Contracting Officer once the offeror is notified in writing. Failure to provide a duly executed Teaming Agreement within the ten (10) calendar day timeframe, the offeror will be considered unacceptable, and their proposal will be rejected.

PROJECT PROPOSAL ITEMS

See procedures for submittal of offers and proposal evaluation criteria.

ADDITIONAL SUBMISSION DOCUMENTS

The following documents are to be included with the proposal submission:

1. One (1) signed SF 1442 page 2, Offer page, with blocks 14-20c completed, AND the completed SF 1442 continuation page with amendments acknowledged.

· Include response to FAR 52.204-8(2) (i) or (ii) Annual Representations and Certifications

· Response to FAR 52.209-13(b)(1) or (2) Violation of Arms Controls Treaties or Agreements

1. Acknowledgment of all amendments must be accomplished either via entering data in block nineteen (19) of the SF1442 or completing blocks fifteen (15) a, b, and c of the amendment and attaching it to the SF 1442 Offer page.

1. One (1) original completed/signed SF24 Bid Bond and Power of Attorney as required.

1. One (1) signed VA Notice of Limitations on Subcontracting - Certificate of compliance for services and, Construction.

1. One (1) signed Buy American Certificate

1. Safety or Environmental Violations and Experience Modification Rate:

1. All Offerors shall submit the following information pertaining to their past Safety and Environmental record. The information shall contain, at a minimum, a certification that the offeror has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or any EPA violation(s) in the past three years.

1. All Offerors shall submit information regarding their current Experience Modification Rate (EMR). This information will be obtained from the offeror’s insurance company and be furnished on the insurance carrier’s letterhead.

1. Self-insured contractors or other contractors that cannot provide their EMR rating on insurance letterhead may obtain a rating from the National Council on Compensation Insurance, Inc. (NCCI) by completing/submitting form ERM-6 and providing the rating on letterhead from NCCI. Note: Self-insured contractors or other contractors that cannot provide EMR rating on insurance letterhead from the states or territories of CA, DE, MI, NJ, ND, OH, PA, WA, WY, and PR will obtain their EMR rating from their state-run worker’s compensation insurance rating bureau.

1. Offerors are responsible for ensuring and verifying their offer and all required proposal documents are received at jean.paul@va.gov and by the date and time specified in block thirteen (13)a of the SF 1442 solicitation (subject to amendment).

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

PROCEDURES FOR SUBMITTAL OF OFFERS

AND PROPOSAL EVALUATION CRITERIA

1. Basis for award.

The intent of this solicitation is to select one contractor to provide professional construction services in accordance with the Statement of Work (SOW), drawings, and specifications to Replace Primary Electrical Distribution, Phase 1.

The Government intends to use the “Best Value” tradeoff process source selection approach in accordance with FAR 15.101-1. Award will be made to the responsive responsible offeror whose offer in conformance with this solicitation, results in the best value to the Government, price plus other factors considered. The Contracting Officer will award a firm fixed price contract to the responsive responsible offeror whom the Source Selection Authority determines conforms to the solicitation, is fair and reasonable and offers the best overall value to the Government, all factors considered. The Government reserves the right to accept other than the lowest priced offer or to reject all offers.

2. Submittal of offers.

2.1 Offerors must provide all requested information for each factor. Proposals must address each element of the factors as indicated to be considered responsive to this solicitation. Factor headings should be typed in bold text for identification. It is the offeror’s responsibility to ensure the submitted proposal is in the proper format and the provided information is clear and free of ambiguities. Proposals should follow in the order of sequence set forth in the Request for Proposal (RFP). Information provided out of sequence may not be evaluated and may result in the offeror's disqualification from award. Requirements stated in this RFP are minimums. Innovative, creative, or cost-saving proposals that meet or exceed the requirements should be clearly noted and justified in the proposal.

2.2 Offerors shall comply with the detailed instructions for the format and content of the proposal. Proposals that do not comply with the detailed instructions for the format and content of the proposal may be considered unacceptable and may render the Offeror ineligible for award.

2.3 All proposal materials shall be submitted in separate .pdf documents with a table of contents and tabbed section dividers. The sections should match the submission requirements identified below.

Volume I: Sections 1 – 4 Volume I: Sections 1-4 shall be submitted in .pdf format. Proposals should be typed using 11- point Times New Roman font. Packages that are handwritten will not be evaluated. Failure to place the required submission information under the appropriate tab (factor or sub factor) and format may result in a lower rating if the evaluators cannot readily find the appropriate information.

Volume I Sections are to be prepared as follows:

Section 1. Technical Capability Section 2. Experience Section 3. Past Performance Section 4. Schedule Volume II: Section 5 Volume II: Section 5 shall be submitted as a .pdf and shall be submitted as a separate document, included with the proposal package. It shall include the following: Standard Form 1442, completed divisional cost break down sheet, any additional submission documents such as reps and certs, bid bond, Limitations on subcontracting certificate, Buy American Certificate, OSHA, or EPA violation certification and EMR rating document (See additional submission documents).

2.4 All proposals shall be submitted in .pdf version to: jean.paul@va.gov

3. Proposal Evaluation Process. A Source Selection Evaluation Board (SSEB) comprised of representatives of the Department of Veterans Affairs will evaluate the proposals. The identities of the SSEB personnel are confidential, and any attempt by the offerors to contact these individuals is prohibited. The evaluation will be based on the content of the proposal and any subsequent discussions, if necessary, as well as information obtained from other sources, e.g. past performance information.

3.1 The proposal evaluation consists of five (5) parts: Technical Capability, Experience, Past Performance, Schedule, and Price Evaluation.

3.1.1 Schedule, Management approach Evaluation, Experience, and technical: Proposals will be evaluated against the Evaluation Factors and Criteria as identified in paragraphs below.

3.1.2 Price Evaluation: After the SSEB completes the technical evaluation the Contracting Officer will evaluate Volume II price proposals.

4. Evaluation Factors. Proposals will be evaluated in accordance with the Evaluation Factors identified below. Technical Capability (factor 1) is more important than Experience (factor 2), Past Performance (factor 3) is less important than Technical Capability and Experience. Past Performance is more important than Schedule. When all four of these evaluation factors are combined, they are more important than Price.

4.1. As demonstrated in their proposals, offerors will be evaluated in terms of the offeror’s ability to meet or exceed the project’s requirements as identified in the SOW, and those proposals demonstrating an ability to exceed specified requirements may be rated higher in those areas than proposals demonstrating only the ability to meet requirements. Offerors are reminded to include their best technical and price terms in their initial offer and not assume that they will have an opportunity to participate in discussions or be asked to submit a revised offer.

The Government intends to make award to a responsible offeror submitting a conforming proposal without discussions, if deemed to be in the best interest of the Government

5. EVALUATION FACTORS:

5.1. Evaluation Factor 1 - Technical Capability: Offerors shall submit a clear and concise narrative not to exceed 25 pages (front and back side use of a single page will count as 2 pages). This page limit excludes the Organizational Chart (with brief relevant details of individuals' experiences/qualifications), Tentative Schedule, Quality Control Plan synopsis. Company advertising literature shall not be included. The narrative shall address the details herein. An overall rating will be assigned at the Factor Level only based on all reviewers' ratings. The Government will evaluate the offeror's answers for information and completeness. Using the information submitted in response to the solicitation, the Government will evaluate the offeror’s ability to successfully manage the project.

5.1.1. Offerors shall identify key personnel proposed for the project and their documented experience on successful completion of other similar projects. Emphasis shall be placed on projects with construction occurring in fully active and sensitive hospital departments with multiple phasing requirements.

5.1.2. Offerors shall discuss the sequence of work and project approach to be performed in a realistic fashion, i.e. taking into consideration long lead equipment and how it will be implemented into the projects schedule, approach for work in the energized manholes as required, any electrical power disruptions and their durations, any required temporary provisions, and maintenance of existing facility operations, and coordination with subcontractors.

5.1.3. Offerors shall describe in detail the management techniques they will implement to ensure this project is completed timely and successfully. The project has very complicated phasing and coordination requirements within an active healthcare facility affecting departments that must remain in operation at all times. How subcontractors will be managed through the phased approach is to be clearly detailed. An understanding of the phasing requirements shall be presented with emphasis on timely completion while performing risk management and control of the project.

5.2. Evaluation Factor 2: Experience. The offeror shall discuss their technical expertise and experience with successfully performing construction work of similar profile as per this solicitation, including but not limited to experience with replacement of primary switchgear, construction of new building to house electrical switchgear, installation of the medium voltage distribution infrastructure, installation of the telecommunications distribution infrastructure in a fully active hospital and/or healthcare facility environment. Expertise in quality control, successful implementation of a construction phasing schedule, experience in coordinating multiple discipline subcontractors working day, evening, and overnight shifts concurrently, all while maintaining without interruption hospital department operations. The information provided should be for the offeror, not for proposed subcontractors.

0. Evaluation Factor 3 - Contractor's Past Performance. The SSEB will evaluate the Project Recency and Relevancy based on the information provided by the contractor.

5.3.1. Contract’s Past Performance - Project Recency and Relevancy. Using the information submitted in response to the solicitation, the Government will evaluate the offeror’s technical expertise to determine acceptability. Preferably the offeror includes past performance experience with replacement of primary switchgear, construction of new building to house electrical switchgear, installation of the medium voltage distribution infrastructure, and installation of the telecommunications distribution infrastructure. The past performance section shall not exceed four (4) pages and shall be rated based on recent and relevant project submittals. To be evaluated favorably the offeror must provide details of three (3) previous similar contracts within the past three (3) years including:

1. Project description, at a minimum, the description should include scope, size and dollar value of the project and can include photographs, to determine recent and relevant past performance.

1. Show the participation of key personnel (identified previously with resume) in the listed projects. The offeror can also include the subcontractors by company name. Including subcontractors may be beneficial to show the experience of the company in addition to the key personnel.

1. Include customer's point of contact (name, title, phone number, and email). In accordance with FAR 15.306(a)(2), if award will be made without conducting discussions, offerors may be given the opportunity to clarify certain aspects of their proposals, e.g., the relevance of an offeror's Past Performance information and adverse Past Performance information to which the offeror has not previously had an opportunity to respond, or to resolve minor clerical errors.

5.3.2. Contractor’s Past Performance - Confidence. The SSEB will evaluate the degree of successful completion of the recent and relevant past performance identified in the proposal in response to Volume I, Section 2, Past Performance, for the prime contractor past performance along with the designated team of subcontractors. Documentation of satisfactory performance of projects similar in size, scope, and dollar value will be considered to have met the minimum requirements of the RFP. Projects that are not determined similar in size, scope and dollar value may not be considered. Past performance will be evaluated in accordance with FAR 15.305(a)(2). Evaluations may include past performance information regarding predecessor companies, key personnel who have relevant experience or subcontractors that will perform major or critical aspects of the requirement. Offerors without a record of relevant past performance or for whom information on past performance is not available may not be evaluated favorably or unfavorably on past performance and shall receive a neutral rating for Past Performance. Offerors may provide information on problems encountered on the identified contracts and the corrective action taken, if desired. This shall be rated based on the confidence portrayed for each of the projects submitted.

A neutral rating is given when no current and/or 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 and represents and unknown risk.

This information shall be submitted for this procurement using Exhibit C, Past Performance Questionnaire, transmitted via Exhibit B, Sample Transmittal Letter, and past Performance Evaluation Questionnaire.

5.3. Evaluation Factor 4 - Contractor's Schedule

Submission Requirements: Contractor Schedule. The SSEB will evaluate the degree of presentation and understanding of the offeror’s proposed Schedule.

The progress schedule will be in a time scaled bar graph format. The horizontal axis will be scaled for time beginning with the tentative Notice to Proceed and concluding with contract completion. The vertical axis will show the milestones and major portions of the contract work including all phasing. All schedule items will show a start date and a completion date. The detailed schedule will indicate specific tasks with dates for each step of the process including:

Construction Period: Mobilization; abatement; demolition method and sequencing; phasing; provisions for overtime or shift work; site and building utilities interruption, commissioning; punch list; final inspection; demobilization.

General Project Delivery Schedule and Narrative: Show relationships between construction activities for (at a minimum), phases of the work as detailed in the design documents.

The Offeror shall specify how much allowance has been made for bad weather in the schedule, interruption of work due to relocation of occupants or phase task dependency, the allowable days of the week and the hours of construction operations during each phased sequence of the work, and the percentage of contract completion that will be achieved at the end of each month of the contract.

Short Schedules - The Offeror must provide for completion within the time frame (number of days after receipt of the Notice to Proceed). The maximum anticipated days of completion for this project is indicated on the Standard Form 1442 Construction, Offer and Award (Construction, Alteration or Repair. This duration shall establish the contract completion date. Short schedules will not be accepted. Critical path activity durations shall total the number of days indicated on Standard Form 1442.

5.4 Evaluation Factor 5 - Volume II - Price Information The offeror shall complete and submit Standard Form 1442. The offeror shall submit a price based on divisions that are further broken down by the line items. See attached division cost breakdown template.

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