36C24521R0096_2.docx
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- Solicitation number
- 36C24521R0096
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This is a solicitation for a construction project to relocate an electrical feeder at a Veterans Affairs medical center. The project involves installing two new electrical duct banks and a 12,470-volt service to separate main electrical distribution feeders. The construction completion time is 350 calendar days. The solicitation will result in a firm fixed-price contract awarded based on a tradeoff analysis of technical capability, management approach, past performance, and price/cost factors. The first-tier award will go to a service-disabled veteran-owned small business, second-tier to a veteran-owned small business, and third-tier to a small business. The project cost range is $2,000,000 to $5,000,000 and is classified as a small business set-aside for firms with average annual receipts less than $16.5 million. The solicitation includes requirements for safety records, experience modification rates, System for Award Management and VETS4212 registrations. The response deadline is March 23, 2022.
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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.
36C24521R0096 X 02-17-2022 613-08-657 Department of Veterans Affairs
VAMC (613)
VISN 5 Contract Satellite Office 510 Butler Avenue, Building 306A Martinsburg WV 25405 Same as Block #7
Kathryn Kaiser 304-263-0811 ext. 2083
1. Item No. 1: 613-08-657: Relocate Electrical Feeder: Provide all labor, equipment, tools, material and supervision to install construction including, but not limited to, installation of two (2) new electrical duct banks and a 12,470-volt service to separate the main electrical distribution feeders at the VAMC Martinsburg, 510 Butler Avenue, Martinsburg, WV 25405. Work includes general construction, alterations, roads, walks, grading, drainage, mechanical and electrical work, utility systems, and construction and certain other items. CONSTRUCTION COMPLETION TIME: 350 calendar days.
The Government anticipates awarding a firm fixed price single award contract as a result of this solicitation. The Government intends to select the best value offer based on a trade-off analysis per FAR 15.101-1, utilizing specified tiers and based upon the following evaluation criteria: 1. Technical Capability 2. Management Approach, 3. Past Performance and 4. Cost/Price. Award will be made at the highest tier available. The First Tier shall be Service Disabled Veteran Owned Small Business (SDVOSB), the Second Tier shall be Veteran Owned Small Business (VOSB) and the Third Tier shall be Small Business. All SDVOSB and VOSB firms MUST be verified in the VetBiz Vendor Information Pages (VIP) at www.vip.vetbiz.gov to be considered responsive.
Magnitude of Construction Project: $2,000,000.00 to $5,000,000.00 52.232-18 AVAILABILITY OF FUNDS (APR 1984)
A pre-proposal site visit is scheduled for Wednesday, February 16, 2022 at 1:00PM EST. The site visit is not mandatory but highly recommended. All questions must be submitted in writing to kathryn.kaiser@va.gov by February 24, 2022.
Contractor shall be responsible for correct wage titles and compliance with all applicable wage and hour laws.
DELIVER OFFERS TO: Department of Veterans Affairs, 510 Butler Avenue, Building 306A, Contracting Office Attn: Kathryn Kaiser (36C613/90C), Martinsburg, WV 25405.
Notice: Clause 52.222-37 Employment Reports on Disabled Veterans and Veterans is incorporated by reference in this solicitation. Public Law (P.L. 105-339), Section 1354 provides that no agency may enter into a contract with a contractor who has not filed a VETS-4212 report for the preceding fiscal year under Title 38 Section 42. Offerors are strongly encouraged to complete this to possibly avoid delays @ https://www.dol.gov/vets/vets4212.
NAICS: 238210 Small Business Size Standard: $16.5M
Normal work hours are Monday through Friday, 8:00AM - 4:30PM local time excluding weekends and National holidays (New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Christmas Day and any other day specifically declared by the President of the United States).
X X 52.211-10 X
3:00PM
03-23-2022 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
Item No. 1: $_________________________________ Department of Veterans Affairs
VAMC (613)
VISN 5 Contract Satellite Office 510 Butler Avenue, Building 308B Martinsburg WV 25405
PAYMENT WILL BE MADE BY
FSC e-Invoice Payment Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp http://www.fsc.va.gov/einvoice.asp Kathryn C. Kaiser V508L2-0160
Table of Contents
| PART I - THE SCHEDULE | 1 |
| SECTION A - SOLICITATION/CONTRACT FORM | 1 |
| A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair) | 1 |
| A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION, ALTERATION, OR REPAIR)– BACK | 2 |
| INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS | 5 |
| INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS | 9 |
| EVALUATION PROCEDURES/PROPOSAL SUBMISSION REQUIREMENTS | 9 |
| VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (Amended October 25, 2021) | 16 |
| SECURITY REQUIREMENTS | 20 |
| 2.1 52.216-1 TYPE OF CONTRACT (APR 1984) | 26 |
| 2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) | 26 |
| 2.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999) | 26 |
| 2.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014) | 27 |
| 2.5 52.228-1 BID GUARANTEE (SEP 1996) | 28 |
| 2.6 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021) | 29 |
| 2.7 52.233-2 SERVICE OF PROTEST (SEP 2006) | 29 |
| 2.8 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) | 29 |
| 2.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 30 |
| 2.10 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) | 30 |
| 2.11 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018) | 30 |
| REPRESENTATIONS AND CERTIFICATIONS | 32 |
| 3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020) (JUL 2020) (DEVIATION) | 32 |
| 3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) | 35 |
| 3.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 38 |
| 3.4 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—CERTIFICATION (NOV 2021) | 40 |
| GENERAL CONDITIONS | 42 |
| 4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) | 42 |
| 4.2 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (NOV 2021) | 42 |
| 4.3 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 43 |
| 4.4 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) | 44 |
| 4.5 52.219-14 LIMITATIONS ON SUBCONTRACTING (SEP 2021) | 44 |
| 4.6 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (SEP 2021) | 46 |
| 4.7 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020) | 49 |
| 4.8 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) | 50 |
| 4.9 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (OCT 2021) (DEVIATION) | 51 |
| 4.10 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (NOV 2021) | 52 |
| 4.11 SUPPLEMENTAL INSURANCE REQUIREMENTS | 56 |
| 4.12 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984) | 56 |
| 4.13 52.244-2 SUBCONTRACTS (JUN 2020) | 56 |
| 4.14 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 59 |
| 4.15 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020) | 60 |
| 4.16 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018) | 62 |
| 4.18 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (OCT 2019) | 62 |
| 4.19 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019) | 63 |
| 4.20 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018) | 63 |
| 4.21 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018) | 64 |
| 4.24 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 66 |
| 4.25 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019) | 68 |
| 4.26 VAAR 852.236-72 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 2019) | 68 |
| 4.27 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019) | 69 |
| 4.28 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019) | 69 |
| 4.30 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT (SEP 2019) | 70 |
| 4.31 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) | 71 |
INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS
1. Bidding materials may be obtained at https://sam.gov/content/opportunities. Contractors are responsible for downloading required documents.
2. Subcontractors, material firms, and others interested in preparing sub-bids may view the interested parties list at https://sam.gov/content/opportunities to obtain a list of organizations, such as Builders Exchanges, Chambers of Commerce, Contractors and others, who have received bidding materials.
3. A bid guarantee is required in an amount not less than 20 percent of the bid price but shall not exceed $3,000,000.00. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for opening of bids, 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.
4. If the contract will exceed $100,000.00 (see Far 28.102-1 for lesser amount), the bidder to whom award is made will be required to furnish two bonds, a Payment Bond, SF 25A, and a Performance Bond, SF 25, each in the penal sum as noted in the General Conditions of the Specification. Copies of the SF 25 and 25A may be obtained upon application to the issuing office.
5. VERIFICATION OF STATUS OF APPARENTLY SUCCESSFUL OFFEROR: In accordance with VAAR 804.1102 VENDOR INFORMATION PAGES (VIP) DATABASE, prior to January 1, 2012, all VOSBs and SDVOSBs must be listed in the VIP database, available at http://www.VetBiz.gov, and also must be registered in the System for Award Management (SAM) (see 48 CFR subpart 4.11) to submit offers and receive contract awards under VA’s Veteran-owned Small Business prime contracting and subcontracting opportunities program set forth in Part 819. After December 31, 2011, all VOSBs, including SDVOSBs, must be listed as verified in the VIP database, and also must be registered in the SAM to be eligible to participate in order to receive new contract awards under this program. SDVOSB Firms that submit bids/offers on SDVOSB/VOSB set-asides that are not listed on VIP will be deemed nonresponsive (IFB) or technically unacceptable (RFP/RFQ).
VETS 4212: Title 38, USC Section 4212(d) and Public Law 105-339, requires that federal contractors report, at least annually, the number and category of veterans who are within their workforce. Submission of the VETS 4212 reporting information can be done electronically at: <https://www.dol.gov/vets/vets4212.>. For procurement awards in excess of $30,000, this report must be completed and accepted prior to any Federal contract award. Therefore, all potential contractors are encouraged to file every year. All bidders MUST complete their report prior to award.
SYSTEM FOR AWARD MANAGEMENT (SAM): Federal Acquisition Regulations require that federal contractors register in the System for Award Management (SAM) database at http://www.sam.gov and enter all mandatory information into the system. Award cannot be made until the contractor has registered. Offerors are encouraged to ensure that they are registered in SAM prior to submitting their proposal. All bidders MUST be registered in SAM prior to award.
6. SAFETY OR ENVIRONMENTAL VIOLATIONS AND EXPERIENCE MODIFICATION RATE: All Bidders/Offerors shall submit information pertaining to their past Safety and Environmental record. The information must contain 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. If such certification cannot be made, a Bidder/Offeror shall explain why and submit as much information as possible regarding the circumstances of its past safety and environmental record, including the number of EPA violations and/or the number of serious, repeat, and/or willful OSHA violations, along with a detailed description of those violations.
All Bidders/Offerors shall submit information regarding their current Experience Modification Rate (EMR). This information shall be obtained from the Bidder’s/Offeror’s insurance carrier and be furnished on the insurance carrier’s letterhead. If a Bidder/Offeror’s EMR is above 1.0, Bidder/Offeror must submit a written explanation of the EMR from its insurance carrier furnished on the insurance carrier’s letterhead, describing the reasons for the elevated EMR and the anticipated date the EMR may be reduced to 1.0 or below.
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.
If the NCCI cannot issue an EMR because the Bidder/Offeror lacks insurance history, Bidder/Offeror shall submit a letter indicating so from its insurance carrier furnished on the insurance carrier’s letterhead and include a letter from the NCCI indicating that is has assigned Bidder/Offeror a Unity Rating of 1.0.
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 an initial Determination of Responsibility.
This requirement is applicable to all subcontracting tiers, and prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors.
7. REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE SYSTEM (CPARS): As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (VA) evaluations contractor past performance on all contracts that exceed $100,000.00 and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that the contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement VA uses an online database, the Contractor performance System (CPS) which is maintained by the National Institutes of Health (NIH). The CPS database information is shared with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies.
Each contractor whose contract award is estimated to exceed $100,000.00 is required to register with the database at the following web address: http://www.cpars.csd.disa.mil/cparsmain.htm. Help in registering can be obtained by contacting CPS Support E-mail or by calling. Registration should occur no later than thirty days after contract award and must be kept current should there be any change to the contractor’s registered representative.
For contracts with a period of one year or less, the contracting officer will perform a single evaluation when the contract is complete. For contracts exceeding one year, the contracting officer will evaluate the contractor’s performance annually. Interim reports will be filed each year until the last year of the contract, when the final report will be completed. The report shall be assigned in CPS to the contractor’s designated representative for comment. The contractor representative will have thirty days to submit any comments and reassign the report to the VA contracting officer.
Failure to have a current registration with the, or to reassign the report to the VA contracting officer within those thirty days, will result in the Government’s evaluation being placed on file in the database with a statement that the contractor failed to respond.
CONTRACTOR CERTIFICATION
The Contractor certifies that the Contractor shall comply with any and all legal provisions contained in the Immigration and Nationality Act of 1952, As Amended; its related laws and regulations that are enforced by Homeland Security, Immigration and Customs Enforcement and the U.S Department of Labor as these may relate to non-immigrant foreign nationals working under contract or subcontract for the Contractor while providing services to Department of Veterans Affairs patient referrals;
While performing services for the Department of Veterans Affairs, the Contractor shall not knowingly employ, contract or subcontract with an illegal alien; foreign national non-immigrant who is in violation their status, as a result of their failure to maintain or comply with the terms and conditions of their admission into the United States. Additionally, the Contractor is required to comply with all “E-Verify” requirements consistent with “Executive Order 12989” and any related pertinent Amendments, as well as applicable Federal Acquisition Regulations.
If the Contractor fails to comply with any requirements outlined in the preceding paragraphs or its Agency regulations, the Department of Veterans Affairs may, at its discretion, require that the foreign national who failed to maintain their legal status in the United States or otherwise failed to comply with the requirements of the laws administered by Homeland Security, Immigration and Customs Enforcement and the U.S Department of Labor, shall be prohibited from working at the Contractor’s place of business that services Department of Veterans Affairs patient referrals; or other place where the Contractor provides services to veterans who have been referred by the Department of Veterans Affairs; and shall form the basis for termination of this contract for breach.
The Contractor agrees to obtain a similar certification from its subcontractors.
| Signature: | ____________________________________________ | ||
| Date: | ____________________________________________ | ||
| Typed Name and Title: | ____________________________________________ | ||
| Company Name: | ____________________________________________ |
This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under 18 U.S.C. 1001.
DESCRIPTION OF WORK:
A. ITEM No. 1: 613-08-657: Relocate Electrical Feeder: Provide all labor, equipment, tools, material and supervision to install construction including, but not limited to, installation of two (2) new electrical duct banks and a 12,470-volt service to separate the main electrical distribution feeders at the VAMC Martinsburg, 510 Butler Avenue, Martinsburg, WV 25405. Work includes general construction, alterations, roads, walks, grading, drainage, mechanical and electrical work, utility systems, and construction and certain other items.
CONSTRUCTION COMPLETION TIME: 350 calendar days.
ITEM 1: $____________________________________
COST RANGE: $2,000,000.00 to $5,000,000.00.
SIZE DETERMINATION: For the purpose of this procurement for construction, a concern is small if its average annual receipts for its preceding 3 fiscal years did not exceed $16.5 million. The NAICS code is 238210.
PARTIAL PAYMENTS will be made monthly as the work progresses, in accordance with the Schedule of Values and actual work completed.
MINIMUM RATES OF WAGES, required by the Davis Bacon Act (40 U.S.C. 276a), as amended, to be paid the various classes of laborers and mechanics employed on this work are set forth in the specifications.
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS
EVALUATION PROCEDURES/PROPOSAL SUBMISSION REQUIREMENTS
PREPARATION OF PROPOSALS AND REQUIREMENTS:
1. All proposals shall be submitted by the date and time specified in the solicitation or otherwise specified in any amendment issued thereafter. Proposals shall be submitted in three parts, a Technical Proposal (includes Technical Capability and Management Approach Factors), Past Performance Proposal and a Price Proposal. Your submittal must include a one-sided original and one (1) copy of the Technical and Past Performance Proposals, and a one-sided original and one (1) copy of the Price Proposal. The Price Proposal shall be sealed in a single, labeled package, separate from the Technical Proposal. The complete proposal, in three parts, must also be submitted in electronic format on a CD with the package.
1. All pages containing text shall be consecutively numbered, type-written on 8-1/2x11 inch paper with margins of at least one inch and created using a font no smaller than 12. Proposals shall not be permanently bound (in order to facilitate incorporation of portions of the proposal into the final contract document if necessary).
1. The format used for the areas and factors below shall be strictly adhered to. All responses in the offeror’s package shall clearly indicate the applicable Evaluation Area, and Section, if applicable.
1. It is the offeror’s responsibility to insure the completeness of the proposal. The evaluation panel for the Government may evaluate solely on the information provided in the initial proposal and will not assume that an offeror possesses any capability that is not specifically identified in the proposal.
1. Offerors are advised that award will be made on the basis of Tiered (Cascading) best value trade off to the Government. The First Tier shall be Service-Disabled Veteran Owned Small Business, the Second Tier shall be Veteran Owned Small Business and the Third Tier shall be Small Business. Offers who do not provide pricing for all line items in the solicitation will not be considered for award.
1. Please Note: Missing, incomplete, or ambiguous information could result in a rating of “unacceptable.” The evaluation factors are listed below. It is intended that proposals be evaluated, and award made, without discussions with the offerors (other than communications conducted for purpose of minor clarification(s)), unless discussions are determined to be necessary. Failure to submit mandatory information for a factor, indicated by the word shall, will result in a rating of “unacceptable” for that factor, and the offer may be ineligible for award unless the Contracting Officer decides to hold discussions, and includes the offeror in the competitive range. Requested information, indicated by the word should, is not mandatory, but missing, incomplete, or ambiguous information may result in a rating of “unacceptable” for that factor.
SOURCE SELECTION ROLES AND RESPONSIBILITIES:
1. Source Selection Evaluation Board (SSEB): Conduct a comprehensive review and evaluation of proposals against the solicitation requirements, prepare items for negotiations, prepare evaluation report and provide information for debriefings of unsuccessful offerors. The SSEB will evaluate Factor 1- Technical Capability, Factor 2 - Management Approach and Factor 3 - Past Performance.
1. Contracting Officer (CO): Acts as the business advisor to the SSEB, acts as the point of contact between the Government and the offerors, determines which offerors are within the competitive range, conducts negotiations as necessary, makes award and chairs all required debriefings. The CO will evaluate price proposals.
BASIS FOR CONTRACT AWARD: This is a Tiered (Cascading) best value source selection conducted in accordance with Federal Acquisition Regulation 15.3, Source Selection. The Government anticipates awarding a firm fixed price single award contract as a result of this solicitation. The Government intends to select the best value offer based on a trade-off analysis per FAR 15.101-1, utilizing specified tiers and based upon the following evaluation criteria: 1. Technical Capability 2. Management Approach, 3. Past Performance and 4. Cost/Price.
This solicitation may result in an award to the technically capable, higher rated, higher priced offer, consistent with the evaluation factors contained herein and the tiered categories. The Government may reasonably determine that the technical superiority and/or overall business approach and/or superior present and past performance of the higher priced offer outweighs the cost difference. Technical Capability, Management Approach and Past Performance Factors are equal but when combined are significantly more important than price.
To arrive at a source selection decision, the Government will make an assessment of the proposals submitted in response to the evaluation factors and sub factors described below at the highest tier level available for award.
The Factors to be evaluated by the Government are:
Factor 1 Technical Capability: Technical Capability will be evaluated by the SSEB Factor 2 Management Approach: Management Approach will be evaluated by the SSEB.
Factor 3 Past Performance: Past Performance information will be evaluated by the SSEB.
Factor 4 Cost/Price: Pricing information will be evaluated by the CO.
Technical Capability, Management Approach and Past Performance factors are equal but when combined are significantly more important than price.
The Technical Capability and Management Approach factors will be evaluated as outstanding, good, acceptable, marginal or unacceptable. The Past Performance factor will be evaluated as outstanding, acceptable, marginal, unacceptable or neutral. The Cost/Price factor will be evaluated as outstanding, acceptable or unacceptable.
D. EVALUATION FACTORS:
Factor 1 Technical Capability: Technical Capability will be evaluated by the SSEB.
Factor 2 Management Approach: Management Approach will be evaluated by the SSEB.
Factor 3 Past Performance: Past Performance information will be evaluated by the SSEB.
Factor 4 Cost/price: Pricing information will be evaluated by the CO.
FACTOR 1 — TECHNICAL CAPABILITY: The contractor’s technical capability proposal shall address each of the following elements:
CONSTRUCTION MANAGEMENT (Corporate Project Experience): The Offeror shall demonstrate corporate experience with five (5) projects completed within the last five (5) years by contracts similar in size and scope to this project. A minimum of three (3) projects shall be directly related to Medium Voltage (MV) cable installation, underground concrete encased duct construction and manhole installation, splices and termination, air switch installation, overcurrent protective device coordination study, short-circuit, selective coordination study and arc flash calculations, MV cable insulation testing and cable pulling tension evaluations. In describing detailed project construction experience, provide the following information:
(1) Project titles, location and detailed description including the building use (Medical Facility, location within facility, underground work, Medium Voltage cable related items, etc.) and level of effort required to complete project (multiple shutdowns, coordination to keep site power enabled, tie-in with main power, Medium Voltage work requirements, testing, etc.).
(2) Project owner with name, telephone number and email of owner’s contact person.
(3) Project Prime Contractor and Major Subcontractors with name and telephone number of contact person(s). Note: each firm and managing persons (project manager/superintendent/foreman may also be proposed for this solicitation).
(4) Project Statistics including start and completion dates (original vs. actual) for construction; cost (with brief explanation of what is included in the cost and any modifications required); square footage; foundation type; number of levels; and Medium Voltage cable work. Statistics must include original cost and final cost with brief explanation of changes or differing site conditions encountered throughout the project, specifically noting origination of the change.
PROJECT PERSONNEL EXPERIENCE (SPECIALIZED EXPERIENCE AND TECHNICAL COMPETENCE): The Offeror shall demonstrate the relevant construction work experience performed within the past three (3) years by proposed key project personnel. In addition, proposed Key Personnel shall meet the following minimum experience, education, training and certification requirements defined below. Biographical data shall include the following:
| - | Name of individual. |
| - | Company employed by. |
| - | Company position title. |
| - | Years with the company. |
(1) Describe work experience with projects that; were completed within the last three (3) years, were medical facilities, specifically the Department of Veterans Affairs, and the company (by name) they worked for when involved in the project.
(2) An indication of which (if any) projects submitted under company experience (above) the individual participated in and what the individual’s responsibility was for that project.
(3) An indication of which other individuals submitted under Project Personnel Experience this individual has worked with and the project they worked on together, noting if that project has been submitted under corporate experience (above).
(4) Position that the individual will hold in regard to this contract/project team, description of duties and what percentage of the individual’s time would be committed to the project during the construction task orders.
(5) Describe job related educational experience including degrees, certificates etc. and granting institutions. Proposed candidates shall meet the minimum experience, education, training, or certificate requirements defined below.
(6) Supply biographical data for key personnel for at least the following: (Note if one individual is proposed for more than one position listed):
Project Manager: Proposed candidates shall have a minimum of five (5) years’ experience in construction project management. The candidate should have documented Project Management experience over Medium Voltage cable and associated installation work as outlined above.
Quality Control Manager: Proposed candidates shall have a minimum of five (5) years’ experience as a Quality Control Manager with documented specialized education/training in quality control. The candidate should have documented Quality Control Management experience over Medium Voltage cable and associated installation work as outlined above.
Site Superintendent: Proposed candidate shall have a minimum of three (3) years’ experience in construction site supervision with a high school diploma and be a U.S. citizen. The candidate shall also have documented Site Superintendent project experience over Medium Voltage cable and associated installation work as outlined above.
FACTOR 2 – RATING DEFINITIONS:
1. Outstanding: Proposal meets requirements and indicates an exceptional approach and understanding of the requirements. The proposal contains multiple strengths and no deficiencies.
1. Good: Proposal meets requirements and indicates a thorough approach and understanding of the requirements. Proposal contains at least one strength and no deficiencies.
1. Acceptable: Proposal meets requirements and indicates an adequate approach and understanding of the requirements. Proposal has no strengths or deficiencies.
1. Marginal: Proposal does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements.
1. Unacceptable: Proposal does not meet requirements and contains one or more deficiencies and is unawardable.
FACTOR 2 - MANAGEMENT APPROACH: The contractor’s management approach proposal shall address each of the following elements:
The Offeror shall provide the following information to demonstrate management approach:
(1) Project Delivery Philosophy - Include expectation statements concerning guidelines, procedures and risk mitigation. Describe elements for successful partnering, communication, commitment and conflict resolution. Explain process established for ensuring contract completion dates are met with work items in your control.
(2) Provide Quality Assurance/Quality Control Plan. This plan must address typical construction work, specifically Medium Voltage cable and associated installation, and thoroughly address the quality assurance and control that will be maintained to ensure successful, on-time delivery of the project within the budget and schedule as well as meeting all drawings and specifications provided.
(3) Provide Project Organizational Chart and Narrative - Include team members submitted under Project Personnel Experience above. Clearly describe the prime responsible firm (or firms if a J/V) and individuals as well as the roles and responsibilities of individuals proposed as consultants and sub-contractors. Provide a list of all consultants and all proposed major subcontractors, including telephone number, address, and name of contact.
(4) Capability to perform: Provide the offeror's total bonding capacity, current available bonding capacity and any known changes that may affect this capacity in the near future.
Provide the offeror's current workload and availability of adequate staff listed under Project Personnel Experience to manage the project. Include project schedules for current and pending projects of Key Personnel, as well as the anticipated impact of this project on those schedules and staffing plans.
(5) Provide offeror’s approach to effectively providing supervision and management with the knowledge, skills and ability to successfully complete the project. Document instances where difficulty has arisen and what steps were taken to correct.
(6) Provide a baseline schedule for the work included in this project. Insert estimated start date through completion with all major milestones documented. Identify estimated timelines for outages, installation, testing, etc. Provide information on potential risks and mitigation efforts.
FACTOR 2 – RATING DEFINITIONS:
(1) Outstanding: Proposal meets requirements and indicates an exceptional approach and understanding of the requirements. The proposal contains multiple strengths and no deficiencies.
(2) Good: Proposal meets requirements and indicates a thorough approach and understanding of the requirements. Proposal contains at least one strength and no deficiencies.
(3) Acceptable: Proposal meets requirements and indicates an adequate approach and understanding of the requirements. Proposal has no strengths or deficiencies.
(4) Marginal: Proposal does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements.
(5) Unacceptable: Proposal does not meet requirements and contains one or more deficiencies and is unawardable.
FACTOR 3 — PAST PERFORMANCE:
(1) The Government will conduct an in-depth review of contractor’s past performance information. This review will be based on information provided by offerors via complete Contractor Performance Assessment Reporting System (CPARS) reports or COR completion of Past Performance Questionnaires (PPQ) (attached to the solicitation). A minimum of five (5) CPARS reports and/or PPQ’s shall be provided by offerors with their proposals or otherwise provided by references not later than the date and time specified in the solicitation for receipt of proposals. No less than three (3) of the required past performance documents must be on projects provided in Factor 1 – Technical Capability.
In order to be considered for award all CPARS reports and/or completed past performance questionnaires shall be furnished with the offer or emailed to the designated contract specialist. If the contractor has no past performance history that is similar in size and scope of the proposed solicitation, the contractor shall note this in his or her proposal.
(2) The Past Performance Evaluation is accomplished by reviewing aspects of an offeror's present and past performance focusing on relevancy, quality and capability. The Government reserves the right to use any and all other sources of information available to assess past performance including but not limited to CPARS, SAMS, PPIRS and FAPIIS.
(3) For purposes of this evaluation, relevancy is defined as construction work completed or ongoing during the three (3) years prior to the issuance of this solicitation similar to size and scope of the proposed contract. A minimum of five
(5) past performance submissions MUST be for projects listed under Factor 1.
FACTOR 3 = RATING DEFINITIONS:
1. Outstanding: Substantial Confidence Based on the offeror’s recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort.
1. Acceptable: Satisfactory Confidence Based on the offeror’s recent/relevant performance record successfully perform the required effort.
1. Marginal: Limited Confidence Based on the offeror’s recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort.
1. Unacceptable: No Confidence Based on the offeror’s recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.
1. Neutral: Unknown Confidence (Neutral) No recent/relevant performance record is available, or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.
FACTOR 4 — COST PROPOSAL: Offerors must include the cost of the entire project broken down by division. Documentation to support the cost, including cost or pricing data and subcontractor quotes, shall also be provided as required to provide an adequate breakdown of labor hours, material and other items deemed required.
FACTOR 4 = RATING DEFINITIONS:
1. Outstanding: The price proposal provides all required pricing information and is the lowest submitted cost.
1. Acceptable: The price proposal is in the competitive range and provides all required pricing information. The proposal is found acceptable to be deemed fair and reasonable.
(3) Unacceptable: The price proposal is out of the competitive range and/or does not provide all required pricing information. A fair and reasonable price could not be represented.
VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (Amended October 25, 2021)
1. Contractor employees who work in or travel to VHA locations must comply with the following:
a. Documentation requirements:
1) If fully vaccinated, shall show proof of vaccination.
i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.
2) If unvaccinated and granted a medical or religious exception, shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test.
3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.
4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.
2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.
a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.
3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.
PRE-CONSTRUCTION CONFERENCE – Upon receipt of Notice of Award and prior to attending the pre-construction conference, the successful bidder shall have completed steps #1 and #2 of the enclosed Security Requirements document. This process includes completion and submission of Security Requirements Form #1 (Background Investigation Request Worksheet) to the VHA Service Center Personnel Security Office. Each contract employee is required to undergo a Special Agreement Check (SAC) background investigation which equates to being fingerprinted. Contract employees shall complete Security Requirements Form #2 (VHA Special Agreement Checks Memorandum) and follow instructions outlined in step #2 of the attached Security Requirements document to complete fingerprinting process.
Upon successful completion of fingerprinting, all contract employees will be required to obtain a non-Personal Identity Verification (non-PIV) badge (see step #3 of attached Security Requirements document. Contractor staff working on site will be required to wear the badges at all times while on site. Contractor will be required to immediately notify the Contracting Officer of any changes in staff performing work on site. Upon completion of the contract all identification badges must be returned to the Contracting Officer before final payment can be made.
METRIC PRODUCTS: If a product is manufactured to metric dimensions and those dimensions exceed the tolerances specified in the inch-pound units, a request should be made to the Contracting Officer to determine if the product is acceptable. The Contracting Officer, in concert with the Contracting Officer Technical Representative (COR), will accept or reject the product.
INVOICING: In order to comply with the Improper Payments Elimination Recovery Act of 2010 (IPERA), VA is finalizing actions to mandate electronic invoice submission to the VA Financial Services Center (VAFSC) (reference VAAR clause 852.232-72 in the General Conditions Section of the solicitation). The VAFSC has expanded its electronic invoicing services through OB10 provided solutions. OB10 electronic invoicing services, including mapping/transaction fees, are free to VAFSC vendors. If you are not currently a member of the OB10 network, subscribing is simple. There is no expensive hardware or software to install.
OB10 will handle all of the necessary technical and commercial steps needed to establish your account. If you prefer, feel free to contact OB10 at va.registration@ob10.com or 1-877-752-0900 then select option 2. To contact the Department of Veteran Affairs Financial Service Center (VAFSC) about this request visit http://www.fsc.va.gov/fsc/einvoice.asp or call the FSC e-Invoice Contact Information at (866) 372-1141.
Contractor must provide the Contracting Officer a copy of all invoices at the time they are submitted to Austin, TX.
SAM and VETS100 REGISTRATION: Contractor MUST be registered in the System for Award Management (SAM) and the VETS4212 database before contract award. SAM can be accessed at http://www.sam.gov, and VETS4212 can be accessed at https://www.dol.gov/vets/vets4212.htm.
804.1102 Vendor Information Pages (VIP) Database: All VOSBs and SDVOSBs must be listed as verified in the VIP database, available at http://www.VetBiz.gov.
Class Deviation to VAAR 819.70 Service Disabled Veteran Owned Small Business Acquisition Program - 819.7003 Eligibility.
(a) Eligibility of SDVOSBs and VOSBs continues to be governed by the Small Business Administration regulations, 13 CFR subparts 125.8 through 125.13, as well as the FAR, except where expressly directed otherwise by the VAAR, and 38 CFR verification regulations for SDVOSBs and VOSBs.
(b) At the time of submission of offer, the offeror must represent to the contracting officer that it is a
(1) SDVOSB concern or VOSB concern;
(2) Small business concern under the North American Industry Classification System (NAICS) code assigned to the acquisition; and
(3) Verified for eligibility in the VIP database.
(c) A joint venture may be considered an SDVOSB or VOSB concern if
(1) At least one member of the joint venture is an SDVOSB or VOSB concern, and makes the representations in paragraph (b) of this section;
(2) Each other concern is small under the size standard corresponding to the NAICS code assigned to the procurement;
(3) The joint venture meets the requirements of paragraph 7 of the size standard explanation of affiliates in FAR 19.101; and
(4) The joint venture meets the requirements of 13 CFR 125.15(b), modified to include veteran-owned small businesses where this CFR section refers to SDVOSB concerns.
(d) Any SDVOSB or VOSB concern (nonmanufacturer) must meet the requirements in FAR 19.102(f) to receive a benefit under this program.
(e) Exceptions: At the time of submission of an offer, previously verified VOSB firms identified by the Center for Veterans Enterprise (CVE) as currently undergoing the VOSB status verification renewal process are eligible for an expedited status review. However, an award shall not be made to the offeror-firm until verification is complete.
Limitations on Subcontracting – Monitoring and Compliance
This solicitation includes VAAR clause 852.219-10 VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside and FAR clause 52.219-14 Limitations of Subcontracting. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor’s compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause.
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