36C24420R0017-006.docx

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Attached to
460-322 | CONSTRUCT A NEW ADMIN BUILDING Federal contract opportunity
Solicitation number
36C24420R0017
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 4

About this file

This solicitation document is for a construction project to build a new administrative building at the Wilmington Veterans Affairs Medical Center in Wilmington, Delaware. The project entails demolishing three existing buildings and constructing a 23,500 square foot replacement that will house the tenants of the demolished buildings as well as an administrative annex. The construction value is between $5 million and $10 million.

The solicitation will be available on December 13, 2019 on FBO.gov under number 36C24420R0017. The NAICS code is 236220 for new commercial and institutional building construction, with a small business size standard of $33.5 million. The pre-construction period is 545 days. Proposals are due by January 28, 2020 and the contract will be awarded as a 100% set-aside for Service-Disabled Veteran-Owned Small Businesses. A pre-bid meeting will be held onsite on January 7 and attendance is strongly encouraged. Registration in SAM.gov and VetBiz.gov is required. The construction will be managed by the Wilmington VA Medical Center.

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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.

36C24420R0017 X 12-13-2019 460-20-4-0112-0003 460-322 00244 Department of Veterans Affairs Network Contracting Office 4 Wilmington VA Medical Center 20 Montchanin Rd, Room 116 - Chuck Peck Greenville DE 19807 Same as Block 7

Charles Peck 302-994-2511 x7526

Construct an Administrative Building, Minor Project #460-322 The Wilmington VA Medical Center is seeking an experienced contractor to construct an Administrative Building at 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, drawings and the Scope of Work contained in this solicitation.

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

Magnitude of Construction: Between $5,000,000 and $10,000,000

NAICS: 236220

Size Standard: Small Business $36.5M All documents for this solicitation will be available on the FedBizOpps website https://fbohome.sam.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 Offerors must be registered in the Vendor Information Pagesat https://www.vip.vetbiz.va.gov/ Offerors must be registered in the VETS-4212 Database, SEE https://www.dol.gov/vets/vets4212.htm The VA will not be responsible for proposal costs if the solicitation is cancelled because of funding limitations.

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 2 copies +1 CD 4:00pm 01-28-2020 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 Department of Veterans Affairs Network Contracting Office 4

Austin Payment Center Department of Veterans Affairs PO Box 149971 Austin TX 78714-9971

(877) 353-9791

(512) 460-5429 X

PRICE SCHEDULE (Base Bid and 5 Alternates) Construct A New Administrative Building (Project #460-322) Enter the amount for base bid minus the deduct Example: Base bid $100,000 minus deduct $10,000 Amount entered is $90,000

Item and Description
Amount
BASE BID: This project entails demolition of Buildings 2, 3, and 4 and construction of a new administrative building to house the tenants of Buildings 2, 3, and 4, and the administrative annex. The new building will provide 23,500 net new square footage. The new proposed building will be built to accommodate the requirements of the occupants of Buildings 2, 3, and 4 and the administrative annex, not to exceed the budgetary constraints of the minor construction program or the square footage being eliminated as part of this project.
$
DEDUCT ALTERNATE NO. 1: Base Bid minus the following: Remove the perimeter radiator heating system in its entirety, including all perimeter radiators and associated piping at the first and second floors. Remove HWHS pipe connection to feed radiator at mechanical penthouse floor back to the heating hot water pumps.
$
DEDUCT ALTERNATE NO. 2: Deduct Alternate No. 1 minus the following: Reduce the scope of replacement of the existing 3” MPS steam supply piping and the 2-1/2” steam condensate piping as noted on sheet HS101. Do not replace the portion of supply and condensate piping between existing steam manholes ST-11 to ST-12.
$
DEDUCT ALTERNATE NO. 3: Deduct Alternate No. 2 minus the following: Remove the open stair at Lobby 101 and Lobby 200. The opening and the ornamental glass railing at the second floor shall remain. Provide finished drywall cap over Storage 115A and extend wall finishes as noted in attached sketch.
$
DEDUCT ALTERNATE NO. 4: Deduct Alternate No. 3 minus the following: Remove the standing seam metal roof and the 6” rigid insulation on the sloped roof surfaces. The air / vapor barrier shall remain. Provide nail-base roof insulation panels, with rabbeted panel edges, with minimum 5/8" OSB sheathing over rigid insulation with a minimum R-30 insulation value. Provide ice and water shield as shown on sheet A104. Provide fiberglass reinforced, laminated type, square butt, asphalt shingles. Shingles shall by Type I, self-sealing with Class F wind-resistance and UL 790 Class A fire resistance. Provide organic felt, Type 1, self-adhering modified bituminous underlayment. Follow all manufacturer’s standard details for installation of a complete system.
$
DEDUCT ALTERNATE NO. 5: Deduct Alternate No. 4 minus the following: Remove the portion of site work on the west side of the new building as highlighted in the attached sketch. The reduction in scope includes the parking lot / pavement, stormwater management, landscape, and curbs. The sidewalk on the west side of the building shall remain.
$

The government intends to award only one (1) line item 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/OFFERORS16
2.1 52.216-1 TYPE OF CONTRACT (APR 1984)29
2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014)29
2.3 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014)30
2.4 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)31
2.5 52.228-1 BID GUARANTEE (SEP 1996)32
2.6 52.233-2 SERVICE OF PROTEST (SEP 2006)32
2.7 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)33
2.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)33
2.9 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)34
2.10 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)34
2.11 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)35
2.12 VAAR 852.223-70 INSTRUCTIONS TO OFFERORS—SUSTAINABLE ACQUISITION PLAN (SEP 2019)35
REPRESENTATIONS AND CERTIFICATIONS36
3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)36
3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)39
3.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)40
3.4 52.209-13 VIOLATION OF ARMS CONTROLS TREATIES OR AGREEMENTS—CERTIFICATION (JUN 2018)42
GENERAL CONDITIONS44
4.1 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)44
4.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)45
4.3 52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (SEPT 2000)46
4.4 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)46
4.5 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED ITEMS (MAY 2008)48
4.6 52.223-20 AEROSOLS (JUN 2016)48
4.7 SUPPLEMENTAL INSURANCE REQUIREMENTS49
4.8 52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (OCT 2019) ALTERNATE I (MAY 2014)49
4.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)54
4.10 52.223-21 FOAMS (JUN 2016)56
4.11 MANDATORY WRITTEN DISCLOSURES58
4.12 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)58
4.13 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)58
4.14 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)60
4.15 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)61
4.16 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019)61
4.17 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)62
4.18 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019)63
4.19 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019)63
4.20 VAAR 852.236-89 BUY AMERICAN ACT (JAN 2008)64
4.21 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT ADMINISTRATION (APR 2019)64
4.22 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT (SEP 2019)65
4.23 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)67
4.24 VAAR 852.232-70 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS– CPM) (NOV 2018)67

Wilmington, DE VA Medical Center Wilmington, DE 19805

CONSTRUCTION SCOPE OF WORK

For Construct A New Admin Building at Wilmington VAMC (460-322)

-- Services --

Provide:

1. Professional construction services to include but not limited to:

a. Site investigation- mechanical, electrical, civil, demolition and construction.

b. Construction period services- Furnish and Install all items per plan and specification as shown in construction documents.

-- Documentation and Acronyms --

Applicable Documents:

2. The following laws, regulations, policies, and procedures in effect on date of contract issuance and all subsequent changes or updates apply:

a. Federal Acquisition Regulation

b. Veterans Administration Acquisition Regulation (VAAR)

c. Service Contract Act (SCA) Directory of Occupations (Fifth edition) http://www.dol.gov/whd/contracts/sca.htm

d. ANSI: https://pdflakekxng.files.wordpress.com/2015/04/ansi-z133-safety-standard-pdf.pdf

e. VA Directive 0058- VA Green Purchasing Program

f. VA Directive 0057- VA Environmental Program

g. Master Construction Specification: https://www.cfm.va.gov/TIL/spec.asp#03 Acronyms:

3. Glossary: Acronyms used in this SOW are listed below for easy reference:

a. COContracting Officer
b. CORContracting Officer’s Representative
c. FARFederal Acquisition Regulation
d. CFMConstruction & Facilities Management
e. VAVeterans Affairs
f. EPAEnvironmental Protection Agency
g. PPEPersonal Protective Equipment
h. SOWStatement of Work
i. OSHAOccupational Safety and Health Administration

-- Project Scope --

GENERAL:

1. VA Medical Center Wilmington intends to issue a construction contract.

a. This project entails demolition of Buildings 2, 3, and 4 and construction of a new administrative building to house the tenants of Buildings 2, 3, and 4, and the administrative annex. The new building will provide 23,500 net new square footage. The new proposed building will be built to accommodate the requirements of the occupants of Buildings 2, 3, and 4 and the administrative annex, not to exceed the budgetary constraints of the minor construction program or the square footage being eliminated as part of this project. The design must comply with all VA criteria as well as applicable local codes and standards. The winning contractor shall provide all services as defined to accomplish complete contract in accordance with drawings, specifications.as required at the Wilmington VA Healthcare System, located at 1601 Kirkwood HWY, Wilmington, Delaware 19805.

2. GENERAL CONSTRUCTION: Work includes the following:
a. Demolition to include, but not limited to, complete demolition of 3 existing buildings and foundations, ancillary structures, roadways, parking areas, sidewalks, and utilities.
b. Site work to include, but not limited to, all grading and prep work for new building pad and site development, reconfiguration of main roadway, all parking areas, sidewalks, steps, retaining walls, outdoor plaza, utilities, stormwater management, and landscaping.
c. Construction work to include, but not limited to, all general construction of the New Administrative Building.
d. Five (5) Deduct Alternates:
(1) DEDUCT ALTERNATE NO.1: Remove the perimeter radiator heating system in its entirety, including all perimeter radiators and associated piping at the first and second floors. Remove HWHS pipe connection to feed radiator at mechanical penthouse floor back to the heating hot water pumps.
(2) DEDUCT ALTERNATE NO. 2: Reduce the scope of replacement of the existing 3” MPS steam supply piping and the 2-1/2” steam condensate piping as noted on sheet HS101. Do not replace the portion of supply and condensate piping between existing steam manholes ST-11 to ST-12.
(3) DEDUCT ALTERNATE NO. 3: Remove the open stair at Lobby 101 and Lobby 200. The opening and the ornamental glass railing at the second floor shall remain. Provide finished drywall cap over Storage 115A and extend wall finishes as noted in attached sketch.
(4) DEDUCT ALTERNATE NO. 4: Remove the standing seam metal roof and the 6” rigid insulation on the sloped roof surfaces. The air / vapor barrier shall remain. Provide nail-base roof insulation panels, with rabbeted panel edges, with minimum 5/8" OSB sheathing over rigid insulation with a minimum R-30 insulation value. Provide ice and water shield as shown on sheet A104. Provide fiberglass reinforced, laminated type, square butt, asphalt shingles. Shingles shall by Type I, self-sealing with Class F wind-resistance and UL 790 Class A fire resistance. Provide organic felt, Type 1, self-adhering modified bituminous underlayment. Follow all manufacturer’s standard details for installation of a complete system.
(5) DEDUCT ALTERNATE NO. 5: Remove the portion of site work on the west side of the new building as highlighted in the attached sketch. The reduction in scope includes the parking lot / pavement, stormwater management, landscape, and curbs. The sidewalk on the west side of the building shall remain.

SPECIFICS:

1. The contractor will provide pictures before, during and after construction or testing.

2. Work to be scheduled to interfere as little as possible with normal VA operations.

3. VAMC Wilmington Notified Fire Alarm System is currently maintained by BFPE. All alterations to the existing fire alarm system are to be completed by BFPE as part of this contract.

4. Prime Contractor to plan all phasing of work in coordination with Hospital staff to minimize down-time to areas affected by the project.

5. Construction Waste Management, Specification 01 74 19 is to be included.

6. Prime Contractor to maintain all infection control/ dust prevention measures required.

7. Contractor will get all Permits Necessary to complete the project.

8. Consolidate all necessary submittals by specification section on an excel spreadsheet. Checklist to be utilized to track/ monitor submittal process.

9. Contractor will submit picture of affected area before, during, and after construction or testing.

-- Site Investigation --

Expectation: Contractors will make site visits as necessary to survey existing conditions.

10. Make site visit as required to determine existing as-built conditions affecting this project.

a. Provide any structural, architectural, electrical, and mechanical investigation work including interior site work, of both existing and designed systems necessary to insure the accuracy of the design.

b. Provide any measured drawings of existing systems of facility required to insure the accuracy of the design.

-- Environmental/Occupational Safety and health (EOSH) --

Expectation: All projects and project designs shall contain language that addresses all applicable EOSH requirements.

11. Regulatory Compliance- EOSH requirements for work performed at the above location can be found in:

a. Volume 29 of the Code of Federal Regulations, Part 1910- Occupational Safety for General industry.

b. Volume 29 of the Code of Federal Regulations, Part 1926- Occupational Safety for the Construction Industry.

c. Volume 40 of Code of Federal Regulations, Protecting of the Environment.

d. Volume 49 of the Code of Federal Regulations, Part 397- Transportation of Hazardous Materials.

e. Title 7 of Delaware Code, Conservation

f. Title 16 of Delaware Code, Health and Safety Specification: The VA Master Construction Specification contains work procedures and material requirements designed to meet regulatory compliance requirements. Whenever possible, the Master Construction Specification must be used as the basis for the project designs.

-- Location/Hours/Deliverables --

Performance Location:

12. Wilmington VAMC, Delaware located at 1601 Kirkwood HWY, Wilmington, DE 19805.

Hours:

13. Work is to be performed on Monday to Friday at 7:00AM -5:00PM, Saturday at 08:00AM-5:00PM and Sunday 08:00AM-5:00PM. Contractor access will be provided during this time, except federal holidays.

14. The contractor will not have any personnel on site any other day without the proper approval from the COR.

Deliverables:

15. The Contractor will submit a daily log, pictures, work performed each time services is render.

-- Contractor Personnel and Management --

Contractor Personnel:

16. The Contractor shall be responsible for employing qualified personnel to perform the work specified in this SOW. The Contractor shall make sure that subcontractor and employees have proper documentation to authorize personnel to work in the United States of America. The Contractor shall maintain the personnel, organization and administrative control necessary to ensure that the work delivered meets the contract specifications and requirements.

17. The Contractor is required that all subcontractor or employees have been screen by the VAMC Wilmington Healthcare System. All personnel are required to wear a VA government furnished badge. All contractor and subcontractor are required to wear a government and company furnish badge while performing services under this contract. The badge will contain a personal picture, name of employee, and Contractor's name. Badges shall be worn on the outer garment attached to the outer shirt or jacket pocket by a button or clip or worn around the neck secured by an appropriate identification card lanyard.

18. Government issued identification badge remains the property of the Government and shall be returned to the issuing office or other designated Government personnel upon transfer of Contractor employees from the contract.

19. The contractor shall insure that employee or subcontractor have valid driver license when driving a vehicle on property.

Management:

20. All information generated in performance of this contract becomes property of the Government and must be surrendered upon request and/or completion of the contract. The Contractor must protect against the destruction and/or misplacement of all information produced under this contract, unless directed under local policy to destroy. This includes both hard and soft copies of data.

21. The Contractor shall not release any information (including photographs, files, public announcements, statements, denials, or confirmations) on any part of the subject matter of this contract or any phase of any program hereunder without the prior written approval of the COR.

22. Contractor personnel or subcontractor shall conduct themselves in a professional manner (i.e. timeliness, communication; spoken and written etc.). The Contracting Officer may require the Contractor to remove from the job site any employee working under this contract for reasons of suspected misconduct, a suspected security breach, or suspected to be under the influence of alcohol, drugs, or any other incapacitating agent. Contractor employees shall be subject to dismissal from the premises upon determination by the Contracting Officer that such action is necessary in the interests of the Government. The hospital director or designated representative has the authority to bar individuals from the Government facility. The removal from the job site or dismissal from the premises shall not relieve the Contractor of the requirement to provide sufficient personnel to perform the services as required by this performance work statement. The Government shall not reimburse the Contractor for travel and other expenses associated with the removal of personnel.

23. Contractor personnel are not authorized to carry or possess personal weapons to include, but not limited to, firearms and knives with a blade length in excess of three inches, while assigned under this contract.

Safety/Security Requirements:

24. The Contractor shall comply with all applicable federal, state and local laws and ensure performance is secure while protecting material, equipment, and supplies from damage and loss. The Contractor shall ensure that employees or subcontractor have the proper PPE for the job. Government security personnel shall have the express right to inspect for security violations at any time during the term of the contract.

Work Attire and Appearance:

25. Contractor personnel shall present a professional appearance commensurate with standards delineated for Government civilian personnel acting in similar capacities.

Personnel Qualification:

26. The Contractor shall be responsible for employing technically qualified personnel to perform the work specified in this SOW and authorized to work in the United States. The Contractor shall maintain the personnel, organization, and administrative control necessary to ensure that the work delivered meets the contract specifications and requirements. The work history of each contractor employee must contain experience directly related to the task and functions he/she is intended to perform under this contract. The Government reserves the right, during the life of the resulting contract, to request work histories on any contractor employee for the purposes of verifying compliance with the above requirements; additionally, the Government reserves the right to review resumes of contractor personnel proposed to be assigned. Personnel assigned to, or utilized by, the Contractor in performance of work shall be fully capable of performing the requirements contained in the SOW in an efficient, reliable, and professional manner.

27. Contractor shall provide a supervisor who speaks English on site at all time.

28. Personnel should be properly trained for safety and performance of their respective duties.

29. Appropriate safety equipment shall be furnished by the Contractor to contractor personnel or subcontractor and shall be used as prescribed by OSHA Standards.

30. The Government reserves the right to review Contractor personnel qualifications. Upon request, resume shall be provided to the Contracting Office prior to clearance approval, for review and acceptance by the COR. The intent is verification purpose and not for the Government to become the hiring authority.

Non-Personal Service Statement:

31. Contractor employees performing services under this order will be controlled, directed, and supervised at all times by management personnel of the contractor. Contractor management will ensure that employees properly comply with the performance work standards outlined in the SOW. Contractor employees will perform their duties independent of, and without the supervision of, any Government official. The tasks, duties, and responsibilities set forth in the contract may not be interpreted or implemented in any manner that results in any contractor employee creating or modifying Federal policy, obligating the appropriated funds of the United States Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee, or otherwise violating the prohibitions set forth in Parts 7.5 and 37.1 of the Federal Acquisition Regulation (FAR). The Government will control access to the facility and will perform the inspection and acceptance of the completed work.

-- Damages/Insurance --

Damages:

32. The Contractor is liable for all damages to Government equipment, property; utilities, etc., located at the site (e.g. sprinkler heads, ceiling tiles, manholes, fire hydrants, vehicles, windows, etc.) caused by the Contractor, its employees or it subcontractors. The Contractor shall immediately report all damages to the COR and shall provide the Contracting Officer (CO) and COR, a written report, within 24 hrs. The report shall include: What occurred, who was involved, when it occurred (Time/Date), where did it occurred, why it occurred, how it occurred, and the proposed means to repair or replace.

33. Contractor is to maintain free and unobstructed access to facility emergency services and for fire, police and other emergency response forces in accordance with NFPA 241.

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, “Construct a New Administrative Building” solicitation for construction services for the Department of Veterans Affairs, Wilmington VA Medical Center Wilmington, Delaware. This project entails demolition of Buildings 2, 3, and 4 and construction of a new administrative building to house the tenants of Buildings 2, 3, and 4, and the administrative annex. The new building will provide 23,500 net new square footage. The new proposed building will be built to accommodate the requirements of the occupants of Buildings 2, 3, and 4 and the administrative annex, not to exceed the budgetary constraints of the minor construction program or the square footage being eliminated as part of this project. The design must comply with all VA criteria as well as applicable local codes and standards. The winning contractor shall provide all services as defined to accomplish complete contract in accordance with drawings, specifications.as required at the Wilmington VA Healthcare System, located at 1601 Kirkwood HWY, Wilmington, Delaware 19805. 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 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 https://fbohome.sam.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 Officer (Chuck Peck) at Charles.Peck@va.gov and Contract Specialist (Cheryl Roberts) at Cheryl.Roberts2@va.gov with Reference No. 36C24420R0017.

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

1.12.1 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.

1.12.2 All 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 https://fbohome.sam.gov/. Offerors are strongly cautioned to check this site frequently and to “refresh” their web page to ensure they have the latest information.

1.15 HAND CARRIED PROPOSALS Hand carried proposals must be delivered to the Department of Veterans 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 Veterans 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 is to be performed on Monday to Friday at 7:00AM -5:00PM, Saturday at 08:00AM-5:00PM and Sunday 08:00AM-5:00PM, excluding federal holidays. 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 proposal’s 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. 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, two (2) copies and one disc., Documents to include are OSHA and EPA violations, EMR rating.

2.2 Binder # 2 contains Price; Section 3 in original, two (2) 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 7 of the SF 1442. Mark the front of the envelope/box with the following: “PROPOSAL No. 36C24420R0017, TO BE OPENED BY ADDRESSEE ONLY - Competitive Proposal-.

4. EVALUATION GUIDANCE:

4.1 EVALUATION FACTOR 1: TECHNICAL CAPABILITY

Evaluation Factors 1 and 2 (Technical Capability and Past Performance) are non-price evaluations factors, are of equal importance and when combined, are significantly more important than Factor 3 (Price). The sub-factors listed under Factor 1 are of equal importance. An overall sub-factor rating will be assigned for sub-factors one (1) through three (3) based on reviewers’ ratings.

SUB-FACTOR A: EXPERIENCE

SUB-FACTOR B: CAPABILITY

SUB-FACTOR C: QUALITY CONTROL

SUB-FACTOR A - EXPERIENCE:

(1) Prior VA Experience

(2) Building Demolition Experience

(3) Asbestos Abatement Experience

(4) DNREC Storm Water Management and Erosion Control Experience

(5) Steam and Condensate Distribution Piping Experience

(6) New Building Construction Including Underground Utilities

(7) Office space Construction and Fit-Out

Using the information on the Technical Proposal Data, and the projects/contracts discussed and…

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