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1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

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

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

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

9. FOR INFORMATION

CALL:

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

SEALED BID (IFB)

NEGOTIATED (RFP)

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

YES

NO

a.

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

b.

An offer guarantee is, is not required.

c.

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

d.

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

36C24418R0652 X 08-02-2018 460-19-1-1-0112 460-321 00244 Department of Veterans Affairs Network Contracting Office 4

See attached delivery schedule

Mike White 302-994-2511 x7528

The Wilmington VA Medical Center is seeking an experienced contractor to construct a new precast concrete parking garage in the existing West parking Lot of the Wilmington VA Medical Center campus. The contractor will furnish all materials, equipment, supervision, and personnel necessary to accomplish the project as indicated on the specifications and drawings contained in this solicitation. Work includes but is not limited to general construction, precast concrete manufacturing and erection, excavation and backfill, drilled caisson installation, roads, walks, grading, drainage, elevator installation, mechanical, electrical, plumbing, fire protection, security systems, and underground utility systems.

This is a Service Disabled Veteran Owned Small Business (SDVOSB) set-aside acquisition.

Magnitude of Construction: Between $10,000,000 and $20,000,000 Project 460-321 Construct New Parking Garage

NAICS: 236220

Size Standard: Small Business $36.5M This contarct is for 365 days; 95 Days for submittals and administrative matters and 270 Days mobilized on site.

All documents for this solicitation will be available on the FedBizOpps website http://www.fedbizopps.gov It is the responsibility of the contractor to check this website frequently for updates and amendments to this solicitation.

Interested parties are encouraged to attend the pre-bid Conference/Site Visit, which will be held IAW FAR 52.236-27 Site Visit (FEB 1995) contained within this solicitation.

The Contractor shall be responsible for the correct title classification of workers and compliance with all applicable wage and hour laws.

Offerors must ensure registration in the System for Award Management (SAM) is current, has not expired with valid Representations and Certifications at https://www.sam.gov/portal/SAM/#1 Offerors must be registered in the Vendor Information Pages at https://www.vip.vetbiz.va.gov/

Funds are not currently available, and may not become available, and the VA will not be responsible for bid and proposal costs if the solicitation is cancelled because of lack of funding.

This solicitation may be canceled and all offers rejected before award but after solicitation closing date when it is in the best interest of the Government.

x x 52.211-10 X

1 CD + 4

4:00pm 01-16-2019 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

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

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

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

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

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

TO SIGN

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

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

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

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

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

(Contractor is not required to sign this document.)

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

00244

Network Contracting Office 4

Austin Payment Center

PO Box 149971 Austin

TX

78714-9971

(877) 353-9791

(512) 460-5429

MICHAEL F. WHITE

Contract Officer

PRICE SCHEDULE

Item and Description
Amount
BASE BID: Phase 1: Construct temporary parking area. Phase 2: Construct a precast Parking Garage: Work includes general construction, drainage, mechanical and electrical work, utility systems, elevators, necessary removal of existing structures and construction and certain other items. Phase 3: Remove temporary parking area and restore grounds.
$
DEDUCT ALTERNATE NO. 1: Base Bid minus the following: Deduct parking equipment counting system.
$
DEDUCT ALTERNATE NO. 2: Deduct Alternate No. 1 minus the following: Deduct milling and resurfacing of the parking lot as indicated on plan sheets CD101 and CS 101.
$
DEDUCT ALTERNATE NO. 3: Deduct Alternate No. 2 minus the following: Deduct storefront system and replace with the precast and storefront infill. Deduct al labor and material to provide the storefront shown on Details SF7 and SF8 AS504 and provide all labor and material to provide the precast infill shown on Elevation 2/AS201 and Elevation 3/AS202.
$
DEDUCT ALTERNATE NO. 4: Deduct Alternate No. 3 minus the following: Deduct connector. Deduct all labor and material to provide the connector shown on Drawings AS101, AS401 and AS403 including metal-framed skylights, glazing and metal canopy system and foundations.
$
DEDUCT ALTERNATE NO. 5: Deduct Alternate No. 4 minus the following: Deduct security and suicide prevention screens. Deduct all labor and material required to provide the security and suicide prevention screens from the second floor level to the fourth tier floor level.
$
DEDUCT ALTERNATE NO. 6: Deduct Alternate No. 5 minus the following: Deduct installation of second elevator.
$
DEDUCT ALTERNATE NO. 7: Deduct Alternate No. 6 minus the following: Deduct one parking level.
$

The government intends to award only one (1) line item

Wilmington, DE VA Medical Center Wilmington, DE 19805

CONSTRUCTION SCOPE OF WORK

For

Parking Garage Project No. 460-321

Contracting Officer:
Michael F. White
Contracting Officer’s Representative (COR):
Jake Spruance

-- Services --

PROVIDE:

Professional construction services to construct a new precast concrete parking garage at the Wilmington, Delaware VA Medical Center.

-- Project Scope --

GENERAL:

The Wilmington, Delaware VA Medical Center intends to issue a construction contract to construct a new precast concrete parking garage in the existing West Parking Lot of the campus.

SPECIFICS:

1. The contractor will furnish all materials, equipment, supervision, and personnel necessary to accomplish the project as indicated on the drawings and in the specifications. Work includes but is not limited to general construction, precast concrete manufacturing and erection, excavation and backfill, drilled caisson installation, roads, walks, grading, drainage, elevator installation, mechanical, electrical, plumbing, fire protection, security systems, and underground utility systems.

2. Offices of Bray Mooney Consulting Inc, as the project Architect/Engineer, have prepared drawings and specifications which are part of this SOW and are to be used for the completion of this project.

3. The work will require phasing so as to minimize disruption to daily functions of the VA campus. Construction activity shall involve all disciplines listed in Item 1 above. Infection control and safety measures shall be provided per the contract drawings and specifications throughout the construction period to minimize risks. All work shall be completed in accordance with the latest ANSI, VA, UFAS, local, state and federal regulations.

4. All employees of the general contractor and subcontractors shall comply with the VA security management program and obtain permission of the VA police, be identified by project and employer, and restricted from unauthorized access.

5. Prior to commencing work, the general contractor shall provide proof that an OSHA certified “competent person” (CP) (29 CFR 1926.20(b)(2) will maintain a presence at the work site whenever the general or subcontractors are present.

6. The general contractor shall establish and maintain a fire protection program in accordance with 29 CFR 1926. Prior to start of work, a protection plan detailing project-specific fire safety measures, including periodic status reports, and submit to COR for review for compliance with contract requirements in accordance with Section 01 33 23, SHOP DRAWINGS, PRODUCT DATA AND SAMPLES.

7. The general contractor shall implement the requirements of the VA Infection Control Risk Assessment (ICRA) team, including the establishment and maintenance of a dust control program. Prior to the start of work, the general contractor must prepare a plan detailing project-specific dust protection measure, including periodic status reports, and submit to the COR and Facility ICRA team for review.

Wilmington, DE VAMC Construction Scope of Work Parking Garage Project No. 460-321

Wilmington, DE VAMC Construction Scope of Work Expand and Update Chemo Project No. 460-12-202

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
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS6
2.1 52.216-1 TYPE OF CONTRACT (APR 1984)19
2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014)19
2.3 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014)19
2.4 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)20
2.5 52.228-1 BID GUARANTEE (SEP 1996)21
2.6 52.233-2 SERVICE OF PROTEST (SEP 2006)22
2.7 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)23
2.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)23
2.9 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)23
2.10 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (SEP 2018)24
2.11 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (SEP 2018)24
2.12 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)25
REPRESENTATIONS AND CERTIFICATIONS26
3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)26
3.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)29
3.3 52.209-13 VIOLATION OF ARMS CONTROLS TREATIES OR AGREEMENTS—CERTIFICATION (JUN 2018)30
GENERAL CONDITIONS33
4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)33
4.2 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)33
4.3 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)34
4.4 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)36
4.5 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)37
4.6 52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (SEPT 2000)37
4.7 52.211-13 TIME EXTENSIONS (SEPT 2000)37
4.8 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)37
4.9 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)39
4.10 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010)39
4.11 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED ITEMS (MAY 2008)40
4.12 52.223-20 AEROSOLS (JUN 2016)41
4.13 SUPPLEMENTAL INSURANCE REQUIREMENTS41
4.14 52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (OCT 2016) ALTERNATE I (MAY 2014)42
4.15 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)46
4.16 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997) ALTERNATE II (APR 1984)47
4.17 52.244-2 SUBCONTRACTS (OCT 2010)48
4.18 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)50
4.19 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)53
4.20 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)53
4.21 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)54
4.22 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)55
4.23 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)55
4.24 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (JUL 2002)56
4.25 VAAR 852.236-72 PERFORMANCE OF WORK BY THE CONTRACTOR (JUL 2002)56
4.26 VAAR 852.236-74 INSPECTION OF CONSTRUCTION (JUL 2002)57
4.27 VAAR 852.236-76 CORRESPONDENCE (APR 1984)57
4.28 VAAR 852.236-77 REFERENCE TO "STANDARDS" (JUL 2002)57
4.29 VAAR 852.236-78 GOVERNMENT SUPERVISION (APR 1984)58
4.30 VAAR 852.236-79 DAILY REPORT OF WORKERS AND MATERIAL (APR 1984)58
4.31 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 1984)58
4.32 VAAR 852.236-84 SCHEDULE OF WORK PROGRESS (NOV 1984)58
ADDITIONAL REQUIREMENTS FOR BAR CHART SCHEDULE59
4.33 VAAR 852.236-85 SUPPLEMENTARY LABOR STANDARDS PROVISIONS (APR 1984)60
4.34 VAAR 852.236-86 WORKER'S COMPENSATION (JAN 2008)60
4.35 VAAR 852.236-87 ACCIDENT PREVENTION (SEP 1993)60
4.36 VAAR 852.236-88 CONTRACT CHANGES--SUPPLEMENT (JUL 2002)60
4.37 VAAR 852.236-89 BUY AMERICAN ACT (JAN 2008)62
4.38 VAAR 852.236-91 SPECIAL NOTES (JUL 2002)63
4.39 MANDATORY WRITTEN DISCLOSURES64

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

A. INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

1.0 INTRODUCTION

1.1 SCOPE You are invited to submit a proposal in response to this Request for Proposal (RFP) entitled, “New Parking Garage” solicitation for construction services for the Department of Veterans Affairs, Wilmington VA Medical Center Wilmington, Delaware. The proposed precast concrete parking garage will be constructed on the existing employee parking lot at the west side of the campus. The new garage will provide 367 parking spaces including 19 accessible spaces per the VA guidelines. The structure has been designed for a future horizontal expansion at a future time. The parking structure is designed as an open parking garage per the 2012 IBC and the VA Parking Design Manual. The proposed layout will be a two bay precast structure with two-way, 90 degree parking using a single helix circulation between levels. The parking garage floor to floor height for each level is 11’-4” with parking slopes not exceeding 5.6% per VA guidelines. An 8’-4” clearance is provided at each level for van accessible parking. Parking stalls are a minimum of 9’-0” x 18’-0”. Police, Electrical and Maintenance storage rooms are located on the ground level. Refer to the Project Drawings, Specifications and Description of Bid Items documents contained in the solicitation for details of the scope of work for this Contract.

1.2 ACQUISITION STRATEGY AND AWARD BASIS This requirement is 100% set-aside for Service-Disabled Veteran-Owned Small Businesses. 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.

1.3 AWARDING WITHOUT DISCUSSIONS The Government intends to award without discussions (except for exchanges as described in FAR 15.306 (a); therefore, the Offeror’s proposal should contain the Offeror’s best terms from a price and technical standpoint. The Government reserves the right to enter into discussions if the Contracting Officer later determines such discussions to be necessary.

1.4 CLARIFICATIONS, FORMAL COMMUNICATION, OFFEROR EXPLANATIONS

1.4.1 Offeror may, at the discretion of the Government, be asked to provide information for clarification purposes regarding their proposal. Request for such clarification information DOES NOT constitute discussions.

1.4.2 Any explanation desired by an offeror regarding the meaning or interpretation of the solicitation, proposals, drawings, specifications, etc. must be requested in writing and with sufficient time allowed for a reply to reach offerors before the submission of their offer.

1.4.3 All questions and requests for information (RFI) must be received NOT LATER THAN the tenth working day prior to closing of the solicitation and will be posted not later than two working days prior to closing. The Contracting Officer reserves the right to address questions received after the tenth day prior to solicitation closing if deemed necessary by the contracting officer.

1.4.4 Any interpretations made will be in the form of an amendment of the solicitation, drawings, specifications, etc., and will be furnished to all prospective offerors via posting to the web site at http://www.fbo.gov .

1.4.5 Receipt of amendments, by the offeror must be acknowledged in the space provided on the SF 1442 or by returning a signed copy of the amendment by the time set for receipt of proposals. Explanations or instructions given in a form other than an amendment to the solicitation shall not be binding. Questions (on a non-attribution basis) and answers shall be furnished to all prospective offerors via the web site.

1.4.6 Requests for clarifications, and information concerning this solicitation will be accepted and must be submitted in writing by email to the contracting officers at michael.white9@va.gov Reference No. 36C24418R0652

1.5 ACURACY OF ELECTRONIC DRAWINGS The Government makes no guarantee as to the accuracy of the electronic copies of drawings. The hard copy drawing of the Contracting Officer’s Representative (COR) shall take precedence over electronic drawings.

1.6 JOINT VENTURE AND TEAMING ARRANGEMNTS FOR SERVICE DISABLED VETERAN-OWNED SMALL BUSINESSES

1.6.1. A joint venture is defined as two or more businesses joining together under a contractual agreement to conduct a specific business enterprise with both parties sharing profits and losses. The joint venture is generally for one specific contract only, rather than for a continuing business relationship, such as a strategic alliance or partnership. A joint venture is a separate legal entity, must have a separate DUNS number, and must be separately registered in the System for Award Management (SAM). A teaming arrangement may constitute a partnership. A contractor team that consists of a prime contractor and subcontractors must submit a price or offer in the name of the SDVOSB as the prime contractor to qualify for award under a SDVOSB set-aside, and the SDVOSB prime contractor must perform at least the minimum amount of work required by VAAR 852.219-10 – VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

1.6.2 A joint venture may be considered a service-disabled veteran owned small business concern if—

1.6.2.1 At least one member of the joint venture is a service-disabled veteran-owned small business concern, and makes the following representations: That it is a service-disabled veteran-owned small business concern, and that it is a small business concern under the North American Industry Classification Systems (NAICS) code assigned to the procurement;

1.6.2.2 Each other concern is small under the size standard corresponding to the NAICS code assigned to the procurement; and

1.6.2.3 The joint venture meets the requirements of paragraph 7 of the explanation of Affiliates in 19.101 of the Federal Acquisition Regulation.

1.6.2.4 The joint venture meets the requirements of 13 CFR 125.15(b).

1.7. VETS-4212 FEDERAL CONTRACTOR REPORTING A VETS-4212 report is required, such report(s) must be completed and accepted prior to award of any noncommercial Federal contract. Therefore, all potential contractors are encouraged to file every year. Submission of VETS-4212 information can be done electronically AT https://www.dol.gov/vets/vets4212.htm Verification that a contractor has filed the required VETS 4212 report will be used to complete a determination of a contractor’s responsibility.

1.8 VETERAN BUISNESS OPPORTUNITY To be considered for an award all prospective contractors must be in compliance with VAAR 819.7003 and be registered in the database at www.vetbiz.gov at time of award.

1.9 DUNN & BRADSTREET A financial responsibility determination will be conducted utilizing the DUNN and BRADSTREET website https://www.mydnb.com/mydnb/Main.html#/DASHBOARD

1.10 SYSTEM FOR AWARD MANAGEMENT Offerors must ensure registration in the System for Award Management (SAM) is current, has not expired with valid Representations and Certifications at https://www.sam.gov/portal/SAM/#1

1.11 CONTRATING OFFCIER’S REPRESENTATIVE (COR) – All references throughout the specification sections to Contracting Officer’s Representative, COR, Resident Engineer, or PM, shall all refer to the Contracting Officer’s Representative (COR). All references to Contractor, Prime Contractor, or General Contractor throughout the solicitation, including the specifications, shall refer to the awardee Contractor.

1.12 SAFETY OR ENVIRONMENTAL VIOLATIONS, AND EXPERINCE MODIFICATION RATE

1.12.1All 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.
1.12.2All offerors shall submit information regarding their current Experience Modification Rate (EMR) equal to or less than 1.0. This information can be obtained from the offeror’s insurance company and be furnished on the insurance carrier’s letterhead.

1.12.3 Self-insured contractors or other contractors that cannot provide their EMR rating on insurance letterhead must 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 shall obtain their EMR rating from their state run worker’s compensation insurance rating bureau.

1.12.4 This requirement is applicable to all subcontracting tiers, and prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors.

1.13 DISPOSITION OF UNSUCCESSFUL PROPOSALS AND EXTRA SUCCESSFUL PROPOSALS In compliance with FAR Subpart 4.805 the Government will retain one copy of all proposals. The Government will destroy extra copies of proposals. No destruction certificate will be provided.

1.14 AMENDMENTS PRIOR TO DATE SET FOR RECEIPT OF PROPOSALS The right is reserved, as the interest of the Government may require, to revise or amend, the specifications or drawings or both prior to and/or after the date set for receipt of proposals as necessary. Such amendments, if any, will be announced by an amendment or amendments to this Request for Proposal. All information relating to this RFP, including pertinent changes/amendments and information prior to the date set for receipt of proposals will be posted on the following website http://www.fbo.gov . Offerors are strongly cautioned to check this site frequently and to “refresh” their web page to ensure they have the latest information.

1.14 HAND CARRIED PROPOSALS Hand carried proposals must be delivered to the Department of Veteran Affairs, 20 Montchanin Road, Greenville DE, 19807, Room 114. Hand carried proposals must be delivered prior to the time established for receipt of proposals.

1.16 WAGE DETERMINATION Applicable wage rates are located at the following web site http://www.access.gpo.gov/davisbacon/pa.html and shall be based on the location of work, e.g. New Castle County

1.17 PROPOSAL EXPENSES AND PRE-CONTRACT COSTS This RFP does not commit the Government to pay costs incurred in preparation and submission of initial and subsequent proposals or for other costs incurred prior to award of a formal contract.

1.18 CONTRACTOR PERFORMANCE ASSESSMENT RATING SYSTEM (CPARS) As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (VA) evaluates contractor past performance on all services/supplies contracts $250,000 or more, A&E contracts $35,000 or more, and construction contracts $700,000 or more. The FAR requires 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, the Contractor Performance Assessment Rating System (CPARS) which is maintained by the Naval Sea Systems Command (NAVSEA). The CPARS database information is shared with the Federal Awardee Performance and Integrity Information System (FAPIIS) database, which is available to all Federal agencies. Registration occurs no later than thirty days after contract award at https://www.cpars.gov and within sixty days of contract award the Points of Contact (POC) will receive message allowing access to contract evaluation at the end of each performance period. POCs are to be kept current, should there be any change to the contractor’s registered representative, please contact the Contract Administrator. 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, or interim reporting (A/E design) the contracting officer will evaluate the contractor’s performance annually or at the interim reporting date. 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 resubmit report to VA contracting officer. All CPARS are due within 120 calendar days after the end of the evaluation period.

1.19 TRAINING Effective July 31, 2005, all employees of the general contractor and subcontractors shall have the 10-hour OSHA certified construction safety course. The General Contractor’s competent person shall have completed the 30-hour OSHA certified construction safety course. Documentation of training shall be submitted to the Contracting Officer for review and approval prior to any work being performed. Failure to present the proper training documentation will result in the individual being removed from the job; the individual may only return after the proper documentation has been provided. There shall be no exceptions to this requirement. It is the responsibility of the Contractor to provide TB training annually and a PPD test annually for any employees providing services at the Wilmington VA Medical Center, Wilmington, DE. The government reserves the right to review the contractor's records. Failure to present the proper training documentation upon the Contracting Officer’s request will result in the individual being removed from the job; the individual may only return after the proper documentation has been provided. There shall be no exceptions to this requirement.

1.20 PRIVACY AND CONFIDENTIALITY Contractors to the Department of Veteran Affairs may be unintentionally exposed to sensitive information. Information maybe overheard, seen on documents or electronic devices, or observed that could potentially violate the privacy and confidentiality of our veterans, employees, volunteers, and their families. Regulations such as, but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Freedom of Information Act (FOIA) and Privacy Act of 1974 have been enacted to protect sensitive information from being improperly disclosed. Information should not be divulged or released to anyone unless specifically authorized by this agreement or its attached documents in accordance with the contracted services. Failure to comply with applicable statutes and regulation can result in the termination of this contract and civil and criminal penalties, including fines and imprisonment. All suspected or actual breeches of the privacy and confidential should be reported immediately to the Contracting Officer, Contracting Officer’s Representative (COR) or the Facility Privacy Officer.

1.21 KEYS All keys provided the Contractor or any subcontractor for use during the project shall be returned to the Contracting Officer's Representative (COR) at completion of the work or upon request. No keys shall be reproduced by the Contractor or any subcontractor. There shall be a charge for each key that is lost or not returned to the COR.

1.22 CONTRACTOR NORMAL WORK HOURS The contractor work hours are from 8:00AM to 4:30PM, Monday through Friday, excluding federal holidays. Federal holidays that fall on a non-work day –Saturday or Sunday—the holiday usually is observed on Monday if the holiday is on Sunday or on Friday if the holiday is on Saturday. However, construction must be completed in a manner which minimizes the disruptions to normal business operations. Therefore, it may be required to complete some work activities outside of normal business hours. Areas to be considered for bidding shall include but not be limited to: installation of underground utilities beneath active roadways, resurfacing, resealing, and/or restriping of surface parking areas, any work which would block the flow of pedestrian and/or vehicular traffic, and work creating excessive noise, vibration or odors immediately adjacent to existing occupied space.

The contractor may request authorization from the Contracting Officer to work an alternative schedule or on holidays. However, the Contracting Officer reserves the right to deny or authorize the contractor’s request at his or her discretion considering the best interests of the Government. All federal holidays are observed as non-work days. Federal holidays can be found on the following web site: http://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays.

1.23 SECURITY BADGES/BACKGROUND INVESTIGATIONS All prime contractor personnel and subcontractor personnel will be required to obtain a Flash Badge (Day Pass) when reporting to the jobsite. Badges should NOT be issued until workers report for work. Fingerprints are the basis for issuing a Flash Badge and should be accomplished BEFOR reporting for work. Contractors are responsible for paying for the fingerprint check. Within ten (10) business days of personnel arriving at the work site, the General Contractor to whom award is made will be responsible for all personnel and subcontractor personnel completing the Background Investigation Request Worksheet and the VHA Service Center Contractor PIV Sponsorship Form and submitting it to the Personnel Security Officer at the Wilmington VA Medical Center. Badges will be issued to qualified personnel and must be worn and visible at all time while on VA property. The General Contractor will be responsible for completion of the VHA Security Center PIV Credentials Turn-In Inventory Report and forwarding it to the Contracting Officer at the end of the construction project. General Contractor is responsible for obtaining and turning in ALL badges.

B. SUBMISSION REQUIREMENTS AND INSTRUCTIONS

1. GENERAL PROPOSAL PREPARATION INSTRUCTIONS

1.1 These instructions prescribe the format of proposals, and describe the approach for the development and presentation of the proposal data. They are designed to ensure the submission of necessary information to provide for the understanding and comprehensive evaluation of proposals. Carefully review this section prior to commencing proposal preparation. In order for proposals to receive full consideration for award, offerors should ensure that the information furnished in support of the proposal is factual, accurate, and complete.

1.2 Offerors are cautioned to strictly comply with all instructions within this solicitation to ensure submission of a complete proposal. Failure to furnish a complete proposal, at the time of proposal submission, may result in the proposal being unacceptable to the Government and elimination from consideration for award. Furthermore, all solicitation amendments must be acknowledged in accordance FAR Clause 52.215-1(b).

2. PROPOSAL CONTENT: Prospective offerors shall submit the proposal in two separate binders.

2.1 Binder # 1 includes; Section 1: Technical Capability; and Section 2 Past Performance, documents in original, four (4) copies and one disc., Documents to include are OSHA and EPA violations, EMR rating.

2.2 Binder # 2 contains Price; Section 3 in original, four (4) copies and one disc. documents to include are SF1442, bonding.

3. PROPOSAL DUE DATE SCHEDULE:

3.1 Proposal Volumes are due by the date and time set for the receipt of proposals shown in Block 13 of the SF 1442. The due date for receipt of Past Performance Questionnaires from your references is the same as the date and time set for the receipt of proposals shown in Block 13 of the SF 1442.

3.2 Return the original and specified number of copies to the address listed in Block 8 of the SF 1442. Mark the front of the envelope/box with the following: “PROPOSAL No. 36C24418R0652, TO BE OPENED BY ADDRESSEE ONLY - Competitive Proposal-.

4. Evaluation Guidance:

Technical Approach and Past Performance are equal and when combined are significantly more important than Price.

4.1. Evaluation Factors and Submission Instructions: There are three separate evaluation sections: Section 1 is for the Technical Approach, Section 2 is for Past Performance. Technical Approach and Past Performance are of equal importance and when combined are significantly more important than Price. Section 3 is for Price and required safety and bond information.

Volume I – Technical Approach

Section 1 –

a. Technical Capability: Provide a clear and concise narrative not to exceed 25 pages (front and back side use of a single page will count as 2 pages) company advertising literature shall not be included. The narrative shall address the following five (5) sub-factors. Sub-factors 1 and 2, Capability and Experience and Organization, which are of equal importance, are somewhat more important than Sub-factors 3 through 5, which are of equal importance. Each sub-factor will be given an individual rating by each reviewer. An overall sub-factor rating will be assigned for sub-factors one (1) through five (5) based all reviewers’ ratings.

Capability and Experience Organization and Specific Personnel Scheduling Methodology Quality Control Safety

b. Provide prime contractor’s project manager and site foreman’s resume not to exceed six pages (front and back side use of a single page will count as 2 pages) company advertising literature shall not be included. The document should be written to show construction experience/qualifications with respect to construction projects of the type and magnitude found in this solicitation.

c. Evaluation Criteria: The Narrative and resumes will be evaluated for completeness, thoroughness and functionality. Pages beyond the specified limits will not be read or evaluated.

Section 2 – Contractor’s Past Performance

a. Provide Past Performance Questionnaires (PPQ) for three (3) to five (5) construction projects that best illustrate Prime Contractors and Subcontractor’s team’s qualifications. These PPQ documents should show the team’s construction performance, qualifications with respect to construction projects, health care construction contracts, and projects with a magnitude between $10,000,000 and$20,000,000 construction cost within the last five (5) years. Projects that are most current will have more weight than older projects. The offeror shall complete the PPQ INSTRUCTIONS TO OFFEROR (Attachment 1 highlighted) and then forwarded to past customers to complete and send directly to the CO.

b. Provide a narrative for the three (3) to five (5) PPQs submitted to include: 1) Project description, at a minimum the description should include scope, size and cost of the project and can include photographs.2) 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. The Government may also use other tools including but not limited to CPARS/PPIRS, Vet Biz, Dun and Bradstreet, and Federal Awardee Performance and Integrity Information System (FAPIIS) to gather past performance documentation.

c. Evaluation Criteria Offeror’s Past Performance –

1) The SSEB will evaluate the degree of successful completion of the recent and relevant past performance identified in the proposal in response to Section 2, Offeror’s 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. Conversely, offers which do not achieve satisfactory performance of projects similar in size, scope and dollar value will not 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. The Government reserves the right to check any or all cited references to verify supplied information and to assess owner satisfaction as to quality, schedule, cost and management. The Government may also use other tools such as CPARS/PPIRS, Vet Biz, Experian, and Federal Awardee Performance and Integrity Information System (FAPIIS) to gather documentation on past performance. 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 will 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.

2) The Government will conduct a performance risk assessment based upon the Past Performance of the offeror as it relates to the probability of successful accomplishment of the work required by the solicitation. The Government will rate an offeror's Past Performance considering all potential evaluation criteria identified in this section.

3) The Past Performance evaluation will include, but is not limited, to the following:

Quality- Management and Workmanship Timeliness and adherence to schedule Business Practices/Customer Relationships and Ability to Perform Compliance and Safety Infection Control Overall Customer Satisfaction

To conduct the performance risk assessment, the Government will use data provided by the offeror, and data obtained from other sources. The Government will evaluate present and past performance information through the use of past performance questionnaires completed by the offeror's references; use data independently obtained from other Government or commercial sources, including, but not limited to Government databases; rely upon personal business experience with the offeror. The evaluation will also consider information provided relative to corrective actions taken to resolve problems on past or existing contracts and trends in performance.

4) The evaluation may take into account Past Performance information regarding predecessor companies, key personnel who have relevant experience or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to this acquisition. If multiple subcontractors are provided for the same discipline the government will use the lowest rated subcontractor in the evaluation.

5) Past Performance information on contracts not listed by the offeror, or that of planned subcontractors may also be evaluated. The Government may contact references and contact parties other than those identified by the offeror, 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. The Government reserves the rights to obtain and evaluate Past Performance information from any source it deems appropriate.

6) An offeror with no Past Performance will receive a neutral rating. These ratings may have the same weight as the ratings of the proposing company. However, the proposal of an offeror with no relevant Past Performance history, while rated “Neutral” in Past Performance may not be deemed the most advantageous proposal to the Government.

7) The Government will consider the relevancy of the performance information while conducting its past performance evaluation. If a past performance is deemed not relevant, the offeror will receive a Neutral rating.

8) For the purpose of this solicitation, relevancy is performance occurring within the last five years through the solicitation release date. Within this period, performance occurring later in the period may have greater significance than work occurring earlier in the period. For example, performance information for work occurring during 2017 may have greater importance than performance information for work occurring during 2012. Projects that began on or before October 1, 2011 will not be considered.

9) In assessing relevancy, the Government may evaluate an offeror's references for similarity of the construction methods to the scope of this solicitation, (multi-discipline or specialized area), scope/type of contracts/projects, price magnitude of projects as it relates to price, area of consideration, client type and location of work performed as it relates to the location(s) of work to be performed under this contract. Performance on managing multiple multi-disciplined projects at one time may also be considered.

10) The Government may consider an offeror’s previous contracts in the aggregate in determining relevancy, should the offeror’s present and past performance lend itself to this approach. For example, an offeror’s work experience on three contracts may, by definition, represent only a semi-relevant effort when each contract is considered as a stand-alone effort. However, when these contracts are performed concurrently (in part or in whole) and are assessed in the aggregate, the work may more accurately reflect a very relevant effort.

11) The following ratings apply to relevancy considering all the elements listed above:

VERY RELEVANT – Past performance effort involved essentially the same scope and magnitude of effort and complexities and within last five years as this solicitation requires.

RELEVANT – Past performance effort involved similar scope and magnitude of effort and complexities and within last five years as this solicitation requires.

SOMEWHAT RELEVANT – Past performance effort involved some of the scope and magnitude of effort and complexities and within last five years this as solicitation requires.

NOT RELEVANT – Past performance effort involved little or none of the scope and magnitude of effort and complexities and within last five (5) years this as solicitation requires.

NEUTRAL – No past/present performance provided/available.

12) 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.

13) The following ratings apply to risk considering all the elements listed above:

SUBSTANTIAL CONFIDENCE – Based on the offeror’s recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort. (Very Low Risk)

SATISFACTORY CONFIDENCE – Based on the offeror’s recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort. (Low Risk)

LIMITED CONFIDENCE – Based on the offeror’s recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort. (Average Risk)

NO CONFIDENCE – Based on the offeror’s recent/relevant performance record, the Government has no expectations that the offeror will be able to successfully perform the required effort. (High Risk).

Volume II - Price Information

Section 3: Price

1) The offeror shall complete and submit Standard Form 1442.

a. Proposal Price Schedule of Values with a breakdown identifying at a minimum each of the following major functional areas:

· Concrete

· Masonry

· Metals

· Conveying equipment

· Electrical

· Electronic safety and security

· Earthwork

2) Discounts: Prompt payment discounts will not be considered in the evaluation of offers

3) In the event a minor clerical error has occurred, then the offeror may be given an opportunity to correct the minor error within the constraints of the “clarifications” process or the Contracting Officer determines discussions are required.

Evaluation Criteria The price will be evaluated by the Contracting Officer and may also include Architect and Engineer firm representative review for reasonableness through the use of price analysis.

2.1 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

(End of Provision)

2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable…

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