36C24420R0075.docx

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Y1LZ--693-222 | Parking Structure Solicitation Amendment 2 Federal contract opportunity
Solicitation number
36C24420R0075
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 4

About this file

This is an amendment to a solicitation seeking construction services for Project 693-222 to construct a parking structure at the Wilkes-Barre VA Medical Center in Pennsylvania. The project scope includes providing all labor, materials, tools, equipment, permits, testing, and reports to construct a new parking structure to accommodate approximately 435 vehicles, according to the drawings and specifications. The estimated value is between $10-20 million. The NAICS code is 236220. This procurement is set aside for service-disabled veteran-owned small businesses and will use a tiered evaluation process including large businesses. Offerors must submit pricing in whole US dollars by the response date of December 17, 2020 at 11:00 AM Eastern Time.

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36C24420R0075

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.

36C24420R0075 X 11-02-2020 693-222 00244 Department of Veterans Affairs Network Contracting Office 4

Department of Veterans Affairs Network Contracting Office 4 Wilkes-Barre VAMC Acquisitions (049E) 1111 East End Blvd Wilkes-Barre PA 18711 Scot Plank 5708243521 Project 693-222 Construct Parking Garage This project shall generally consist of, but not necessarily be limited to, providing all labor, materials, tools, equipment, permits, testing, and reports required to construct a new parking structure to accommodate approximately 435 vehicles on the existing VA campus of the Wilkes-Barre VA Medical Center.

according the drawings and specifications provided for this project.

All work must be performed in accordance with (IAW) the attached Statement of Work (SOW), specifications drawings and all federal, state, and local codes and VA rules and regulations.

Magnitude of VA Project: Between $10,000,000 and $20,000,000.

NAICS: 236220 Commercial and Institutional Building Construction Size Standard: Small Business $36.5M

This procurement is a set-aside for SDOVSBs utilizing tiered evaluation procedures down to the large business tier.

A tiered evaluation process, that includes large businesses, will be used.

For more information on tiered evaluation, see the evaluation process section within this solicitation.

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

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

Pricing shall be in whole dollars only.

X 52.211-10 X 11:00

EST

12-17-2020 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

Solicitation 36C24420R0075 Construct Parking Structure Procurement is an SDVOSB Set-aside.

A tiered evaluation process, that includes large businesses, will be used

PRICING SHEET FOR TOTAL PROJECT

AND PRICE REDUCTIONS

Total Price for complete Parking Structure Project: $__________________________ (copy from SF1442 Block 17)

While this project is planned for full funding, conditions may necessitate scope of work reductions to meet available funding. Areas for price reductions are identified and to be priced as listed.

Reduction 1: Subtract $__________from Total Price to remove Tier #4 from base project

Reduction 1 Adjusted Total Price: $_____________________

Reduction 2: Subtract $____________ from Total Price to remove exterior stairs from the southeast corner

Reduction 2 Adjusted Total Price: $_____________________

Reduction 3: Subtract $___________ from Total Price to remove decorative façade-paint precast structure only

Reduction 3 Adjusted Total Price: $_____________________

Reduction 4: Subtract $__________ from Total Price to remove temporary parking

Reduction 4 Adjusted Total Price: $_____________________

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
STATEMENT OF WORK………………………………………………………………………..6
INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS7
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS11
2.1 52.216-1 TYPE OF CONTRACT (APR 1984)16
2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014)17
2.3 52.233-2 SERVICE OF PROTEST (SEP 2006)17
2.4 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)18
2.5 52.246-26 REPORTING NONCONFORMING ITEMS (JUN 2020)18
2.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)21
2.7 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)21
2.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)21
2.9 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)22
REPRESENTATIONS AND CERTIFICATIONS23
3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)23
3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)27
3.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)29
3.4 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—CERTIFICATION (JUL 2020)30
GENERAL CONDITIONS33
4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)33
4.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ALTERNATE I (APR 1984)33
4.3 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (MAR 2020)33
4.4 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (MAY 2020)35
4.5 52.223-20 AEROSOLS (JUN 2016)38
4.6 SUPPLEMENTAL INSURANCE REQUIREMENTS39
4.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)39
4.8 52.223-21 FOAMS (JUN 2016)41
4.9 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)43
4.10 VAAR 852.219-71 VA MENTOR-PROTÉGÉ PROGRAM (DEC 2009)43
4.11 VAAR 852.219-72 EVALUATION FACTOR FOR PARTICIPATION IN THE VA MENTOR-PROTÉGÉ PROGRAM (DEC 2009)44
4.12 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)44
4.13 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018)44
4.14 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)45
4.15 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019)46
4.16 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019)47
4.17 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019) ALTERNATE I (APR 2019)48
4.18 VAAR 852.236-90 RESTRICTION ON SUBMISSION AND USE OF EQUAL PRODUCTS (APR 2019)49
4.19 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT ADMINISTRATION (APR 2019)49
4.20 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT (SEP 2019)50
4.21 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)51
4.22 MANDATORY WRITTEN DISCLOSURES52
4.23 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)52
4.24 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)52
4.25 VAAR 852.232-70 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS– CPM) (NOV 2018)52
WAGE RATES………………………………………………………………………………….55

STATEMENT OF WORK:

Project #693-222 Construct Parking Structure

1. The scope of work shall generally consist of, but not limited to the following; providing all labor, materials, tools, equipment, permits, testing, and reports required to construct new Parking structure to accommodate approximately 435 vehicles on the existing VA campus of the Wilkes-Barre VA Medical Center, 1111 East End Blvd, Wilkes-Barre PA as defined by the drawings and specifications. The intent of this project is to construct a new parking structure for the hospital in the lower Lot B and the side of the hill. The project will include excavation, constructing temporary parking areas, water retention area, multiple single-story parking structure, elevators, lights, ceilings, alarm systems, fire suppression, cameras, electrical/information technology cabling, system controls, doors, signage, stairs, bituminous-treated flexible pavement system (asphalt), concrete, and associated structural components as shown on drawings and specifications.

2. The exterior work includes construction of a multiple single-story parking structure to accommodate approximately 435 vehicles. Each level shall have a fall and suicide prevention barrier. The construction of the addition will require the relocation of utilities, erosion control, traffic control, site security, concrete, asphalt and associated structural, horizontal, vertical work among other trades as shown on drawings and specifications. The entire structure must be fully outfitted with security cameras tied into the existing security master system, be fully lit, have fire and smoke detection tied in existing facility-wide system, have fire suppression system, have blue light phones tied into the existing security master system, and must have the ability to lockdown should an emergency situation arise.

3. This project shall be bid as the price to complete all interior, exterior work, as identified in the drawings and specifications. All work shall be completed within 547 calendar days from receipt of Notice to Proceed.

4. As part of the overall planning for this project, there are 4 areas that require separate pricing:

• Remove tier #4 from the base project

• Remove exterior stairs from the southeast corner.

• Remove decorative façade-paint precast structure only

• Remove temporary parking

Page 1 of Page 1 of

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

(a) Solicitation materials consisting of drawings, specifications and other information may be obtained from the Contract Opportunities (formerly FedBizOpps) website:

https://beta.sam.gov/search?index=opp.

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

(c) The awardee for this procurement will be required to furnish two bonds, a Payment Bond, SF 25A, and a Performance Bond, SF 25. See FAR Clause 52.228-15 Performance and Payment Bonds—Construction.

DESCRIPTION OF WORK:

Contractor shall completely prepare site for building operations, including demolition and removal of existing materials, and furnish labor and materials and perform work for the project “Construct Parking Garage”. The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost; any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government. The Contractor agrees to be responsible for the correct classification of workers.

Magnitude of Construction: $10,000,000.00 to $20,000,000.00

CONTRACTOR RESPONSIBILITY:

Safety or Environmental Violations and Experience Modification Rate “All Bidders/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 bidder/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.

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

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.

A Determination of Responsibility will be accomplished for the apparent awardee prior to processing the award. The above information, along with other information obtained from Government systems, such as the OSHA and EPA online inspection history databases will be used to make the Determination of Responsibility. Failure to affirm being within the guidelines above may result in a determination of “Non-Responsibility” for the bidder/offeror. Failure to submit this information may result in a determination of “Non-Responsive” for the bidder/offeror. NOTE: Any information received by the Government that would cause for a negative Determination of Responsibility may make the bidder/offeror ineligible for award.

This requirement is applicable to all subcontracting tiers, and prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors. “ Contractor shall be required to complete all contract work and schedule a final inspection within the specified contract performance period. Should the Contractor fail to complete the contract work (including scheduling of the final inspection), and it is determined by the Government to be a Contractor-caused delay, the Contractor shall be in default status. If the Government determines it to be in the best interest of the Government to allow the Contractor to continue to perform contract work, the Contractor shall provide equitable consideration in the form of Liquidated Damages from the first day of inexcusable delay through final acceptance by the Government. These damages are associated with the additional time granted for completion and acceptance of contract work. Such agreement shall not be deemed a waiver of the Government’s right to terminate this contract in the event the Contractor fails to complete the contract work (including scheduling of the final inspection) on or before the completion date.

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 VA Medical Center, Wilkes-Barre, PA. 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.

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.

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.

System for Award Management (SAM): Federal Acquisition Regulations require that federal contractors register in the System for Award Management (SAM) database, previously Central Contractor Registration (CCR) database, at http://www.sam.gov and enter all mandatory information into the system. Contractors must be, registered in SAM. Contractors who fail to register in SAM at the time of bid opening, or before the date of award, determined at the Department of Veterans Affairs’ (VA)’s discretion, will not be considered for award. Any reference to CCR should be interpreted as a reference to SAM.

REQUIRED REGISTRATION WITH 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 $150,000 or more, A&E contracts $30,000 or more, and construction contracts $650,000 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.

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. 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. These days will be identified during the pre-construction meeting.

(End of Clause)

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

PROCEDURES FOR SUBMITTAL OF OFFERS AND

PROPOSAL EVALUATION CRITERIA

1. Overview.

1.1 The intent of this solicitation, 36C24420R0075, is to select one contractor to provide professional construction services in accordance with the Statement of Work (SOW), drawings, and specifications for the Construct Parking Structure Project.

1.2 The Government intends to use the “Best Value” tradeoff process source selection approach in accordance with FAR 15.101-1. A tiered evaluation process will be used. Award will be made to the responsive responsible offeror whose offer in conformance with this solicitation, results in the best value to the Government, price plus other factors considered. The Contracting Officer will award a firm fixed price contract to the responsive responsible offeror whom the Source Selection Authority determines conforms to the solicitation, is fair and reasonable and offers the best overall value to the Government, all factors considered. The Government reserves the right to accept other than the lowest priced offer or to reject all offers. Setting aside for an SDVOSB firm is in compliance with regulations to meet our goals and fulfill the VA’s mission to meet socioeconomic goals.

2. Submittal of offers.

2.1 Offerors submitting proposals for this project should limit submissions to data essential for evaluation of proposals, so that a minimum of time and monies will have been expended in preparing information required herein. However, in order to be effectively and equitably evaluated, the proposals must include information sufficiently detailed to clearly describe the offeror's experience, technical approach, and management capabilities to successfully complete the project. Proposals should follow in the order of sequence set forth in the Request for Proposal (RFP). Information provided out of sequence may not be evaluated and may result in the offeror's disqualification from award. Requirements stated in this RFP are minimums. Innovative, creative or cost-saving proposals that meet or exceed the requirements should be clearly noted and justified in the proposal.

2.2 Offerors must comply with the detailed instructions for the format and content of the proposal; proposals that do not comply with the detailed instructions for the format and content of the proposal may be considered non-responsive and may render the Offeror ineligible for award.

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

Volume I - Technical Proposal (Three-Ring Binder) Section 1 Technical Capability Section 2 Past Performance Volume I: Sections 1-2 shall be submitted in original and two (2) copies. Also, a compact disk (CD) containing all the information for Volume I shall also be submitted to the Contracting Officer. Must be typed using 11- point Times New Roman font. Packages that are handwritten will not be evaluated. Failure to place the required submission information under the appropriate tab (factor or sub factor) and format may result in a lower rating if the evaluators cannot readily find the appropriate information.

Volume II - Price Proposal Section 3 Standard Form 1442, Proposal Pricing Page, and any additional submissions such as Certs and Reps and Bonding. Shall be submitted as an original only, and shall be placed in a separate envelope, included in the proposal package.

2.4 All proposals (original, two (2) copies, and one CD) shall be submitted to:

Wilkes-Barre VA Medical Center Contracting Office (049E) Attention: Scot Plank 1111 East End Blvd Wilkes-Barre, PA 18711

3. Proposal Evaluation Process.

This procurement is set-aside based on an order of priority as established in 38 U.S.C. 8127; tiered evaluations including large business concerns. Firms must be listed verified in CVE’s VetBiz VIP database in order to be eligible for award under Tier 1 or Tier 2. This solicitation is being issued as tiered evaluation with the following tiers (Reference PPM 2018-04):

· Tier 1: SDVOSB concerns: Evaluation will begin with offers, if any, submitted by SDVOSB concerns. If no offers were submitted by SDVOSB concerns, or if none of the offers would result in award at a fair and reasonable price that offers best value to the United States, withdraw the SDVOSB set-aside, document the basis for not making an award within this tier and proceed to the set-aside for VOSB concerns.

· Tier 2: VOSB concerns. VA will next evaluate the offers, if any, submitted by VOSB concerns. If no offers were submitted by VOSB concerns, or if none of the offers would result in award at a fair and reasonable price that offers best value to the United States, withdraw the VOSB set-aside, document the basis for not making an award within this tier and proceed to the set-aside for other small business concerns.

· Tier 3: Small Business Concerns. VA will next evaluate the offers, if any, submitted by other small business concern with Historically Under-utilized Business (HUB) Zone small business concerns and 8(a) participants having priority. If no offers were submitted by other small business concerns, or if none of the offers would result in award at a fair and reasonable price that offers best value to the United States, withdraw the set-aside for other small businesses, document the basis for not making an award as a set-aside, and proceed to the large business tier.

· Tier 4: Unrestricted Tier. VA will next evaluate the offers, if any, submitted by large business concerns. If no offers were submitted by large business concerns, or if none of the offers would result in award at a fair and reasonable price that offers best value to the United States, cancel the solicitation, document that cancellation in a memorandum for the record, and conduct additional market research to inform a follow-on acquisition strategy.

3.1 A Source Selection Evaluation Board (SSEB) comprised of representatives of the Department of Veterans Affairs will evaluate the proposals. SSEB may also include Architect and Engineering firm non-voting members. The identities of the SSEB personnel are confidential, and any attempt by the offerors to contact these individuals is prohibited. The evaluation will be based on the content of the proposal and any subsequent discussions, if necessary, as well as information obtained from other sources, e.g. past performance information. Offerors are advised that the technical evaluation and rating of proposals will be conducted in strict confidence in that technical and past performance proposals are reviewed and rated without knowledge of the price offered. During deliberation, the number and identities of offerors are not revealed to anyone who is not involved in the evaluation and award process or to other offerors. Proposals will be evaluated based on the factors described herein, and 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 and other factors considered.

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 offerors whom the Source Selection Authority determines conforms to the solicitation, is fair and reasonable and offers the best overall value to the Government, all factors considered. The Government reserves the right to accept other than the lowest priced offer or to reject all offers. Tiered evaluations will be used in compliance with regulations to fulfill the VA’s mission to meet socioeconomic goals.

The evaluation process essentially consists of two parts: Technical/Past Performance Evaluation and Price Evaluation.

1. Technical/Past Performance Evaluation: Proposals shall be evaluated against the Evaluation Factors and Criteria.

2. Price Evaluation: The CO will evaluate price proposals independent of the technical/past performance evaluation. The SSEB will not have access to price information until completion of the technical/quality evaluation.

NOTE: Price/Technical Trade-off Analysis: Once above evaluations are complete, the SSEB will compare the relative advantages and disadvantages of technical proposals and weigh against the prices. Technical Approach and Past Performance are equal and when combined are significantly more important than Price. The SSEB will then consider all factors and recommend an awardee to the Source Selection Authority (SSA), the proposal offering the best value to the Government. The SSA’s decision shall be based on a comparative assessment of proposals against all source selection criteria in the solicitation.

Evaluation Factor 1 – Technical 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 scored subfactors Proposed Team, Construction approach and Management Plan, which will be rated equally:

1) The evaluation will be divided into 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. An overall sub-factor rating will be assigned for sub-factors one (1) through five (5) based all reviewers’ ratings.

1. Capability and Experience

2. Organization and Specific Personnel

3. Scheduling Methodology

4. Quality Control

5. Safety

1. Capability and Experience:

Using the information from the projects/contracts discussed and listed in EXHIBIT A PERFORMANCE RELEVANCY QUESTIONNAIRE, the Government will evaluate the quality and extent of related experience and determine if the offeror has the capability and experience to manage construction projects, which are comparable to the work requirements of this solicitation.

2. Organization and Specific Personnel:

The Government will evaluate the offeror’s answers to the Technical Proposal Data questions and attachments concerning overall organization, organizational chart, as well as number of personnel and the duties of proposed technical staff to determine if offeror has the ability to manage multi-discipline projects within the areas of consideration chosen without significant difficulty. The specific criterion proposed (skill levels, experience, and background) for personnel, if adequate, is an indicator of an acceptable organization.

The proposed subcontractors, applicable for multi-discipline consideration, are verifiable, and information provided indicates a good professional relationship with Plumbing, Pre-cast Concrete, Electrical, etc. Subcontractors shall have completed Exhibit B-Subcontractor Information and Consent Form.

In addition, Exhibit C, calculations of self-performed work, must be completed and submitted, in accordance with FAR 52.219-14, limitations on subcontracting.

3. Scheduling methodology:

The offeror shall submit information concerning scheduling methodology, to determine if they have scheduling processes that ensure completion and control of the project from beginning to the end of the project. Adequate scheduling processes are necessary to ensure completion and control of the project from beginning to the end. Offeror must provide an organizational chart and tentative schedule, including a timeline for major features of work. In addition, please identify the person responsible for ensuring the schedule is met (ex. Project Manager).

Also note any improvements exceeding the RFP requirements or betterments provided, including an explanation of proposed systems, as outlined in SOW. A detailed Statement of Work is provided within the Specification and Drawing package.

4. Quality Control:

The Government will evaluate the offeror’s answers to Technical Proposal Data questions and attachments concerning proposed quality control activities for compliance with the solicitation requirements.

5. Safety Activities:

The Government will evaluate the offeror’s answers to Technical Proposal Data questions and attachments concerning proposed safety program, including, but not limited to Training and documentation. EMR rating.

Any improvements exceeding the RFP requirements or betterments provided, including an explanation of proposed systems, as outlined in the SOW, should be noted.

Evaluation Factor 2 – Past Performance Provide references for three construction projects that best illustrate Prime contractor’s team qualifications. The document should be written to show the team’s construction performance, qualifications with respect to civil sitework projects (e.g. Parking site construction, Parking Garage Construction), health care exterior construction projects, construction contracts, and projects of a similar construction cost. The past performance section shall not exceed 8 pages.

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.

3) The Government may also use other information to gather documentation on past performance.

4) Complete and include Exhibit A – Performance Relevancy Questionnaire, Exhibit D -Sample Transmittal letter for Past Performance Questionnaire, and Exhibit E – Past Performance Questionnaire.

Evaluation Factor 3 – Price

1) The purpose of the Price evaluation is to provide an assessment of the reasonableness and fairness of the proposed price in relation to the solicitation requirements. Proposals will be evaluated in the following manner.

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

· Existing conditions

· Concrete

· Masonry

· Metals

· Woods, plastics and composites

· Thermal and moisture protection

· Openings

· Finishes

· Specialties

· Equipment

· Furnishings

· Conveying equipment

· Fire suppression

· Plumbing

· Heating, ventilating and air conditioning

· Electrical

· Electronic safety and security

· Earthwork

· Exterior improvements

· Utilities

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

APPLICABLE PROVISIONS AND CLAUSES

This procurement is a set-aside for SDOVSBs utilizing tiered evaluation procedures down to the large business tier.

Unless otherwise stated, all Provisions/Clauses will apply. The following additional guidance is provided:

52.219-6 and Alternate 1 only applies to tiers 1, 2, and 3

52.219-7 and Alternate 1 only applies to tiers 1, 2, and 3

52.225-1 only applies to tiers 1, 2, and 3

852.219-74 only applies to tiers 1, 2, and 3

852.219-10 only applies to tier 1

852.219-11 only applies to tier 2

52.225-5 only applies to tier 4

Federal Acquisition Regulation 15.306 Exchanges with offerors after receipt of proposals is applicable to this procurement.

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 to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of Provision)

FAR Number
Title
Date
52.222-23
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION
FEB 1999
52.228-1
BID GUARANTEE
SEP 1996

2.3 52.233-2 SERVICE OF PROTEST (SEP 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Everett E. Shaver Contracting Officer Hand-Carried Address:

Department of Veterans Affairs Wilkes-Barre VAMC Acquisitions (049E) 1111 East End Blvd Wilkes-Barre PA 18711 Mailing Address:

Department of Veterans Affairs Wilkes-Barre VAMC Acquisitions (049E) 1111 East End Blvd Wilkes-Barre PA 18711

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

2.4 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for— November 18, 2020 1:00 PM Local

(c) Participants will meet at— Bldg 1, Conf Rm C6-70, Wilkes-Barre VAMC (End of Provision)

2.5 52.246-26 REPORTING NONCONFORMING ITEMS (JUN 2020)

(a) Definitions. As used in this clause— Common item means an item that has multiple applications versus a single or peculiar application.

Counterfeit item means an unlawful or unauthorized reproduction, substitution, or alteration that has been knowingly mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified item from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitution includes used items represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.

Critical item means an item, the failure of which is likely to result in hazardous or unsafe conditions for individuals using, maintaining, or depending upon the item; or is likely to prevent performance of a vital agency mission.

Critical nonconformance means a nonconformance that is likely to result in hazardous or unsafe conditions for individuals using, maintaining, or depending upon the supplies or services; or is likely to prevent performance of a vital agency mission.

Design activity means an organization, Government or contractor, that has responsibility for the design and configuration of an item, including the preparation or maintenance of design documents. Design activity could be the original organization, or an organization to which design responsibility has been transferred.

Major nonconformance means a nonconformance, other than critical, that is likely to result in failure of the supplies or services, or to materially reduce the usability of the supplies or services for their intended purpose.

Suspect counterfeit item means an item for which credible evidence (including but not limited to, visual inspection or testing) provides reasonable doubt that the item is authentic.

(b) The Contractor shall—

(1) Screen Government-Industry Data Exchange Program (GIDEP) reports, available at www.gidep.org, as a part of the Contractor’s inspection system or program for the control of quality, to avoid the use and delivery of counterfeit or suspect counterfeit items or delivery of items that contain a major or critical nonconformance. This requirement does not apply if the Contractor is a foreign corporation or partnership that does not have an office, place of business, or fiscal paying agent in the United States;

(2) Provide written notification to the Contracting Officer within 60 days of becoming aware or having reason to suspect, such as through inspection, testing, record review, or notification from another source (e.g., seller, customer, third party) that any end item, component, subassembly, part, or material contained in supplies purchased by the Contractor for delivery to, or for, the Government is counterfeit or suspect counterfeit;

(3) Retain counterfeit or suspect counterfeit items in its possession at the time of discovery until disposition instructions have been provided by the Contracting Officer; and

(4) Except as provided in paragraph (c) of this clause, submit a report to GIDEP at www.gidep.org within 60 days of becoming aware or having reason to suspect, such as through inspection, testing, record review, or notification from another source (e.g., seller, customer, third party) that an item purchased by the Contractor for delivery to, or for, the Government is—

(i) A counterfeit or suspect counterfeit item; or

(ii) A common item that has a major or critical nonconformance.

(c) The Contractor shall not submit a report as required by paragraph (b)(4) of this clause, if—

(1) The Contractor is a foreign corporation or partnership that does not have an office, place of business, or fiscal paying agent in the United States;

(2) The Contractor is aware that the counterfeit, suspect counterfeit, or nonconforming item is the subject of an ongoing criminal investigation, unless the report is approved by the cognizant law enforcement agency; or

(3) For nonconforming items other than counterfeit or suspect counterfeit items, it can be confirmed that the organization where the defect was generated (e.g., original component manufacturer, original equipment manufacturer, aftermarket manufacturer, or distributor that alters item properties or configuration) has not released the item to more than one customer.

(d) Reports submitted in accordance with paragraph (b)(4) of this clause shall not include—

(1) Trade secrets or confidential commercial or financial information protected under the Trade Secrets Act (18 U.S.C. 1905); or

(2) Any other information prohibited from disclosure by statute or regulation.

(e) Additional guidance on the use of GIDEP is provided at http://www.gidep.org/about/opmanual/opmanual.htm.

(f) If this is a contract with the Department of Defense, as provided in paragraph (c)(5) of section 818 of the National Defense Authorization Act for Fiscal Year 2012 (Pub. L. 112–81), the Contractor or subcontractor that provides a written report or notification under this clause that the end item, component, part, or material contained electronic parts (i.e., an integrated circuit, a discrete electronic component (including, but not limited to, a transistor, capacitor, resistor, or diode), or a circuit assembly) that are counterfeit electronic parts or suspect counterfeit electronic parts shall not be subject to civil liability on the basis of such reporting, provided that the Contractor or any subcontractor made a reasonable effort to determine that the report was factual.

(g) Subcontracts.

(1) Except as provided in paragraph (g)(2) of this clause, the Contractor shall insert this clause, including this paragraph (g), in subcontracts that are for—

(i) Items subject to higher-level quality standards in accordance with the clause at FAR 52.246–11, Higher-Level Contract Quality Requirement;

(ii) Items that the Contractor determines to be critical items for which use of the clause is appropriate;

(iii) Electronic parts or end items, components, parts, or materials containing electronic parts, whether or not covered in paragraph (g)(1)(i) or (ii) of this clause, if the subcontract exceeds the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award, and this contract is by, or for, the Department of Defense (as required by paragraph (c)(4) of section 818 of the National Defense Authorization Act for Fiscal Year 2012 (Pub. L. 112–81)); or

(iv) For the acquisition of services, if the subcontractor will furnish, as part of the service, any items that meet the criteria specified in paragraphs (g)(1)(i) through (g)(1)(iii) of this clause.

(2) The Contractor shall not insert the clause in subcontracts for—

(i) Commercial items; or

(ii) Medical devices that are subject to the Food and Drug Administration reporting requirements at 21 CFR 803.

(3) The Contractor shall not alter the clause other than to identify the appropriate parties.

(End of Clause)

2.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer.

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