36C24619R0104-002.docx
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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.
36C24619R0104 X 08-13-2019
TBD
658-15-101 Department of Veterans Affairs Contracting Office Building 74 Room 212G Network Contracting Office 6 1970 Roanoke Blvd Salem VA 24153 Department of Veterans Affairs Network Contracting Office 6 1970 Roanoke Blvd Salem VA 24153 Project Title: Renovate for Water Quality Phase I Project Number: 658-15-101 Project Description: Provide all labor, materials, equipment, and supervision to complete the work described in the SOW, the Bid Item List, the construction drawings, and in the construction specifications to renovate for water quality at the VA Medical Center in Salem, VA
See the SCOPE OF WORK, the BID ITEM LIST, the Specifications, and the Drawings for additional descriptions.
NAICS Code: 238220 Plumbing, Heating and Air-Conditioning contractors/ $15M
This procurement is set-aside on an order of priority as established in 38 U.S.C. 8127
TIERED EVALUATIONS INCLUDING LARGE BUSINESS CONCERNS: This solicitation is being issued as tiered evaluation with the following tiers: (1) SDVOSB concerns, (2) VOSB concerns, (3) small business concerns with HUBZone small business concern and 8(a) participants having priority; and (4) large business concerns. If award cannot be made, the solicitation will cancelled and the requirement resolicited.
Thursday, August 22, 2019 Pre-Bid Conference/Site Visit at10:00 AM EST To be held at the Salem VA Medical Center Building 74 Room 232 (Director's Conference Room).
Wednesday, August 28, 2019 Cut-off date for questions at 3:00 PM EST
Proposal Response Due no later than Wednesday, September 11, 2019 at 2:00 PM EST
Award is subject to the availability of funds.
X X 52.211-10 X two (2)
2:00 PM
09-11-2019 X
14. NAME AND ADDRESS OF OFFEROR
15. TELEPHONE NUMBER
16. REMITTANCE ADDRESS
CODE
FACILITY CODE
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
AMENDMENT
NUMBER
DATE.
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20b. SIGNATURE 20c. OFFER DATE
21. ITEMS ACCEPTED:
22. AMOUNT
23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
ITEM
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c 41 U.S.C. 3304(a) (
26. ADMINISTERED BY
27. PAYMENT WILL BE MADE BY
PHONE:
FAX:
28. NEGOTIATED AGREEMENT
29. AWARD
Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.
shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31a. NAME OF CONTRACTING OFFICER
TO SIGN
30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. AWARD DATE
BY
OFFER
AWARD
STANDARD FORM 1442 (REV. 8/2014) BACK
(Include ZIP Code) (Include area code) (Include only if different than Item 14.)
(Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each) (Type or print) (4 copies unless otherwise specified) (Type or print) (Type or print) (Contractor is required to sign this document and return _______ copies to issuing office.)
(Contractor is not required to sign this document.)
(Must be fully completed by offeror) (To be completed by Government)
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
Department of Veterans Affairs Network Contracting Office 6 1970 Roanoke Blvd Salem VA 24153 Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971 X Patrick Stultz
NCO615L2-73394
Table of Contents
| 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 |
Renovate for Water Quality Phase I Project 658-15-101
| Salem VAMC | 1 |
| INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS | 2 |
| INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS | 3 |
| 2.1 52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION INFORMATION SYSTEM (ASSIST) (APR 2014) | 22 |
| 2.2 52.216-1 TYPE OF CONTRACT (APR 1984) | 22 |
| 2.3 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) | 22 |
| 2.4 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999) | 23 |
| 2.5 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014) | 24 |
| 2.6 52.228-1 BID GUARANTEE (SEP 1996) | 25 |
| 2.7 52.233-2 SERVICE OF PROTEST (SEP 2006) | 25 |
| 2.8 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995) | 26 |
| 2.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 26 |
| 2.10 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (JUL 2016)(DEVIATION) | 27 |
| 2.11 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) | 27 |
| 2.12 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018) | 28 |
| 2.13 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018) | 28 |
| REPRESENTATIONS AND CERTIFICATIONS | 30 |
| 3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018) | 30 |
| 3.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 33 |
| 3.3 52.209-13 VIOLATION OF ARMS CONTROLS TREATIES OR AGREEMENTS—CERTIFICATION (JUN 2018) | 35 |
| GENERAL CONDITIONS | 37 |
| 4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) | 37 |
| 4.2 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018) | 37 |
| 4.3 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 38 |
| 4.4 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ALTERNATE I (APR 1984) | 39 |
| 4.5 52.211-13 TIME EXTENSIONS (SEPT 2000) | 39 |
| 4.6 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) | 40 |
| 4.7 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015) | 41 |
| 4.8 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) | 42 |
| 4.9 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014) | 43 |
| 4.10 SUPPLEMENTAL INSURANCE REQUIREMENTS | 46 |
| 4.11 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984) | 47 |
| 4.12 52.236-4 PHYSICAL DATA (APR 1984) | 47 |
| 4.13 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 48 |
| 4.14 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009) | 51 |
| 4.15 VAAR 852.219-9 VA SMALL BUSINESS SUBCONTRACTING PLAN MINIMUM REQUIREMENTS (DEC 2009) | 51 |
| 4.16 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018) | 52 |
| 4.17 VAAR 852.219-76 SUBCONTRACTING PLANS MONITORING AND COMPLIANCE (JUL 2018) | 52 |
| 4.18 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008) | 53 |
| 4.19 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 53 |
| 4.20 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019) | 54 |
| 4.21 VAAR 852.236-72 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 2019) ALTERNATE I (APR 2019) | 55 |
| 4.22 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019) | 56 |
| 4.23 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019) ALTERNATE I (APR 2019) | 56 |
| 4.24 VAAR 852.236-88 CONTRACT CHANGES--SUPPLEMENT (JUL 2002) | 57 |
| 4.25 VAAR 852.236-90 RESTRICTION ON SUBMISSION AND USE OF EQUAL PRODUCTS (APR 2019) | 59 |
| 4.26 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT ADMINISTRATION (APR 2019) | 60 |
| 4.27 IT CONTRACT SECURITY | 61 |
| 4.28 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018) | 70 |
| 4.29 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) | 71 |
SCOPE OF WORK
Renovate for Water Quality Phase I Project 658-15-101 Salem VAMC
The VA Medical Center, Salem, VA (VAMC Salem) has a need for a firm to renovate the station water supply system. This project will provide proper water temperatures and temperature monitoring, provide recirculation or modification or existing recirculation systems, provide monitoring where appropriate, and provide any other engineering controls deemed necessary for Legionella management in all patient areas and other critical or at-risk buildings to help prevent growth of Legionella bacteria. The Construction effort shall include all necessary components for a complete and functional water distribution system including replacement/reconfiguration of water distribution systems, replacement of water heaters, replacement/reconfiguration of recirculation systems, insulation or re-insulation of water distribution systems, and installation of temperature monitoring and reporting systems as well as monitoring systems for oxidant residuals, etc. where required.
Due to the age of Salem's buildings and water distribution infrastructure within those buildings, Legionella management is a high priority for the site. Salem was identified in recent legislation (The Choice Act) as a priority site for funding for correction of infrastructure issues which could be contributory to Legionella growth. Salem is currently conducting bacteriological testing on a regular basis, and working to manage the issues within the current infrastructure, but corrections are needed to help eliminate risk.
This solicitation includes a Base Bid. Work for the Base Bid is to be completed in Four Hundred and Twenty (420) calendar days from the Notice to Proceed (NTP).
BID ITEM LIST
Relocate and Expand Renal Dialysis Project Number 658-315 Salem VAMC
BID ITEM I (BASE BID): GENERAL CONSTRUCTION: Renovate for Water Quality: Work includes plumbing renovations, general construction, alterations, selective removal of existing plumbing pipes and fixtures, and certain other items as graphically illustrated on the contract drawings, narratively described in the contract specifications, and officially amended/modified by the VA Medical Center.
Provide plumbing upgrades in Building 2, Building 2A, Building 7, Building 9, Building 12, Building 77, Building 143 and Building 170 which includes: installing new water heaters, heat exchangers, mixing valves, insulation, and water quality monitoring system. If selected, the construction time allocated for completion of the work associated with Base Bid, as described above is 420 calendar days from notice to proceed (NTP) by the VA. Award is subject to the availability of funds.
BID ITEM I (Base Bid) $____________________________
Page 1 of Page 1 of
INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS
(a) If the bid/offer exceeds $150,000, a bid guarantee is required in an amount not less than twenty (20) percent of the bid/offer price or $3M, whichever is less.
(b) Bidders are reminded that an acceptable Bid Guarantee MUST be received with the bid/offer before the bid opening. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for opening of bids/offers, will require rejection of the bid/offer in all cases except those listed in Federal Acquisition Regulation (FAR) 28.101-4, and may be cause for rejection even then. For guidance, Bidders/Offerors are referred to FAR provision 52.228-1, BID GUARANTEE (SEP 1996) in the solicitation, FAR Part 28.101 Bid Guarantees, and FAR Part 28.2 Sureties and Other Security for Bonds. Corporate sureties offered for bonds must appear on the list contained in the Department of Treasury Circular 570, “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies, ” See http://www.fms.treas.gov/c570/c570.html
(c) If the contract will exceed $30,000 but will not exceed $150,000, the bidder/offeror to whom award is made will be required to furnish a Payment Bond, Standard Form 25A, or alternative payment protection.
(d) If the contract will exceed $150,000, the bidder/offeror to whom award is made shall be required to furnish a Payment Bond, Standard Form 25A, and a Performance Bond, Standard Form 25. Copies of the Standard Forms 25A and 25 may be obtained upon application to the Issuing Office.
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS
OFFICE ISSUING THIS REQUEST:
Department of Veterans Affairs Network Contracting Office (NCO) 6 1970 Roanoke Boulevard Salem, VA 24153-6404
Point of Contact: Patrick Stultz Email: Patrick.Stultz@va.gov
SUBMISSION OF BIDS
All references to “Bid” or “Bidder” shall be understood to mean “Offer” or “Offeror”.
The bidder shall submit the following in response to this Request for Proposal:
1. A completed and signed Standard Form 1442.
1. A completed copy of the Representations and Certifications (See FAR 52.204-8 Annual Representations and Certifications (MAR 2012)).
1. A fully executed bid bond.
1. Documentation of their safety record.
1. All forms and/or certifications as directed in the solicitation, including the specifications.
SAFETY AND ENVIRONMENTAL RECORD: In order to be eligible for consideration and award, the contractor shall have no more than three serious, or one repeat, or one willful OSHA or EPA violation(s) in the past 3 years and have an Experience Modification Rate (EMR) of equal to or less than 1.0.
All Bidders/Offerors shall submit the following information pertaining to their past Safety and Environmental record with their bid.
1. A self-certification on company letterhead that the bidder 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. Bidders shall submit copies of their OSHA logs (OSHA Form 300A) for the past three years with their bid. If the firm has been in business for less than three years, they shall submit copies of their OSHA logs for the period of time they have been in business.
2. 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.
DESCRIPTION OF WORK: See SCOPE OF WORK and BID ITEM LIST.
COST RANGE: $2,000,000.00 - $5,000,000.00 (VAAR 836.204, Disclosure of the magnitude of construction projects).
OFFER ACCEPTANCE PERIOD: Offers providing less than one-hundred and twenty (120) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
NAICS: The NAICS Code for this procurement is 238220, Plumbing, Heating, and Air-Conditioning Contractors, with a small business size standard of $15.0 million.
COMPLETION TIME: All work for the Base Bid is to be completed in Four Hundred and Twenty (420) calendar days from the Notice to Proceed (NTP).
SET-ASIDE: This procurement is set-aside on an order of priority as established in 38 U.S.C. 8127 TIERED EVALUATIONS INCLUDING LARGE BUSINESS CONCERNS: This solicitation is being issued as tiered evaluation with the following tiers: (1) SDVOSB concerns, (2) VOSB concerns, (3) small business concerns with HUBZone small business concerns and 8(a) participants having priority; and (4) large business concerns. If award cannot be made, the solicitation will be cancelled, and the requirement resolicited.
Proposal packages shall be clearly marked as to the tier in which to be considered.
In order to be considered for SDVOSB and/or VOSB concern, the firm must be shown in the Center for Business Enterprise (VetBiz) website as verified at the time of submission of their bid.
The Government will review VetBiz (https://www.vip.vetbiz.gov/) to confirm SDVOSB/VOSB status verification for the submitted proposal. Evaluations will be performed on proposals submitted by verified SDVOSBs/VOSBs only. Subsequent confirmation of SDVOSB/VOSB verification status will be performed for the apparent awardee.
PRE-BID CONFERENCE: A pre-bid conference has been scheduled for Thursday, August 22, 2019, at 10:00 a.m. (EST) at the Salem VAMC (Bldg. 74, Rm 232), located at 1970 Roanoke Boulevard, Salem, VA 24153. This pre-bid conference will be the only opportunity for potential bidders to visit the site.
All potential bidders, subcontractors, and suppliers are strongly encouraged to attend this pre-bid conference.
NOTE: QUESTIONS REGARDING THIS SOLICITATION MUST BE SUBMITTED VIA E-MAIL (Patrick.Stultz@va.gov); NO TELEPHONE QUESTIONS WILL BE ACCEPTED. CUT OFF FOR QUESTIONS IS 3:00 p.m. (EST), Wednesday, August 28, 2019.
BID RESPONSE: All proposals must be delivered to arrive not later than Wednesday September 11, 2019 at 2:00 p.m. (EST), at the following address:
VA Medical Center/NCO 6 Mail Stop 90/C C/O Patrick Stultz, Contracting Officer 1970 Roanoke Boulevard Building 74Room 213G Salem, VA 24153-6404 *Ensure your proposal package clearly identify the tiered status in which you are considered.
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. Bidders are encouraged to ensure that they are registered in SAM prior to submitting their bid.
PLANS/DRAWINGS/SPECIFICATIONS: Drawings and specifications are attached in electronic format to this solicitation. Offerors are responsible for downloading and printing their own bid sets. The VA will not provide hard copies of the drawings and specifications to any offeror. Contractors are responsible for ensuring that any construction document package used for bidding or construction is complete and up-to-date.
LIMITATIONS ON SUBCONTRACTING (Reference Contract Clause FAR 52.219-14 for further information): By submission of an offer and execution of a contract, the Offeror agrees that in performance of the contract, the concern will perform at least fifteen (15) percent of the cost of the contract, not including the cost of materials, with its own employees.
LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)
This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside. 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. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.
(End of Provision) INVITATION FOR BID: All reference to "Invitation for Bid (IFB)" in the solicitation will be changed to "Request for Proposal" or “RFP.”
LIQUIDATED DAMAGES: No GENDER: Wherever masculine gender is used in the solicitation and contract documents, it shall be considered to include both masculine and feminine.
DEPARTMENT OF VETERANS AFFAIRS: All reference to "Veteran's Administration" or "VA" in the solicitation will be changed to Department of Veterans Affairs".
METRIC PRODUCTS: Products manufactured to metric dimensions will be considered on an equal basis with those manufactured using inch-pound units, providing they fall within the tolerances specified using conversion tables and contained in the latest revision of Federal Standard No. 376, and all other requirements of this document are met.
If a product is manufactured to metric dimensions and those dimensions exceed the tolerances specified in inch-pound units, a request should be made to the Contracting Officer, in writing, to determine if the product is acceptable. The Contracting Officer, in concert with the Contracting Officer’s Representative (COR), will accept or reject the product.
CONTRACTOR RESPONSIBILITY: 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 to the Government for additional time granted for completion 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.
PREPARATION OF BIDS/OFFERS/PROPOSALS: Neither the VAMC nor the VISN 6 NCO will pay for any costs incurred in preparation and submission of bids or proposals.
PRIVACY AND CONFIDENTIALITY: Contractors to the Department of Veteran Affairs may be unintentionally exposed to sensitive information. Information may be 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 contract 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 privacy and confidentiality should be reported immediately to the Contracting Officer, Contracting Officer’s Representative (COR) or the Facility Privacy Officer.
The C&A requirements do not apply, and a Security Accreditation Package is not required. If the contractor opts to use a computer or computer system for processing contract documents, the requirements of FIPS 140-2 for encryption of contract documents must be met.
VETS 100: 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 100 reporting information can be done electronically at: http://vets100.cudenver.edu. Award cannot be made unless the awardee has filed their VETS 100 report; therefore, all bidders/offerors are encouraged to file every year.
FUNDS: Funding is presently available for this acquisition. No contract award will be made until appropriated funds are made available.
WAGE DETERMINATION: Wages for all contractors and subcontractors must comply with Davis Bacon Wage Determinations. The current determination is General Decision VA20190150 dated 01/04/2019. Be advised the determination that is current at the time of the Task Order award is the determination that will apply for the project. Current determinations are always available at: http://www.wdol.gov/.
INSTRUCTIONS TO OFFERORS FOR PROPOSAL PREPARATION
THIS SECTION IS FOR SOLICITATION PURPOSES ONLY. THIS SECTION WILL BE PHYSICALLY REMOVED FROM ANY RESULTANT AWARD BUT WILL BE DEEMED INCORPORATED BY REFERENCE.
(a) GENERAL INSTRUCTIONS:
1. All proposal preparation cost will be the sole responsibility of the Offeror. The Government will not reimburse any firm for their proposal preparation cost.
2. Cost proposals and Technical proposals of each offeror will be evaluated independently. Offerors shall separately bind each. All copies shall therefore be labeled with the offerors name, business address, and VA Solicitation Number.
3. To assure timely and equitable evaluation of proposals, Offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.
The offer shall consist of two (2) separate parts:
· Part I - TECHNICAL CAPABILITY
· Part II – PRICE
(b) SPECIFIC INSTRUCTIONS:
1. PART I - TECHNICAL PROPOSAL - The offeror shall prepare and submit one (1) original document(s) (bound) and two (2) copies plus two (2) CDs of the Price .
Professional Qualifications, Design Schedule & Experience shall be limited to no more than 15 pages total. The Quality Control plan shall be limited to no more than 10 pages total.
Format as follows:
TAB A: General Information
a. Cover page with Solicitation Number and Project Title
b. Table of Contents
c. Company information to include: DUNS Number, Cage Code, Tax ID Number, Principle points of contact with addresses, phone numbers and email addresses.
TAB B: TECHNICAL CAPABILITY (Evaluation Factor 1)
a. Factor 1 - Construction Management and Experience
a. Subfactor 1A: Corporate Project Experience
b. Subfactor 1B, Project Personnel Experience (Specialized experience and technical competence).
c. Subfactor 1C, Technical/Management Approach.
b. Factor 2 - Past Performance (Client Satisfaction)
c. Factor 3 - Schedule
d. Factor 4 - Small Business Participation/Subcontracting Plan
2. PART II - PRICE PROPOSAL - The offeror shall prepare and submit one (1) original document(s) (bound) and (2) copies plus two (2) CDs of the Price. Format as follows:
TAB A: General Information
a. Cover page with Solicitation Number and Project Title
b. Table of Contents
c. Company information to include: DUNS Number, Cage Code, Tax ID Number, Principle points of contact with addresses, phone numbers and email addresses.
TAB B: Offer, Guarantee, and Certifications
a. Complete the SF 1442, Blocks 14, 15, 17, 19, 20A, 20B, 20C and 30. An official having the authority to bind your company contractually must sign and date the SF 1442 Block 30b. One copy of the SF 1442 must bear an original, authorized signature. In doing so, the Offeror accedes to the contract terms and conditions as written in the RFP. All sections of the RFP, excluding Instructions to Offerors and Evaluation Procedures Sections, constitute the model contract.
b. Complete the PROPOSAL ITEM LIST on page 4. As part of their proposal, each Offeror shall be required to complete the attached Base Offer Price Breakdown Form for Proposal Item I only.
c. Complete 52.204-8 Annual Representations and Certifications, paragraph (d) applies to this contract. 52.209-5 – complete sections (b) (1) and (2), and 52.209-7 paragraph (b). Print out these provisions in their entirety and submit it with the proposal. Offerors shall submit only those pages that require fill-in.
d. Bid Bond/Offer/Guarantee
e. Acknowledgement of Amendments
(c) GENERAL INFORMATION
1. Pages exceeding the page limitations set forth will not be read or evaluated and will be removed from the proposal.
2. Format for proposal Part I & II shall be as follows:
· A page is defined as one face of an 8 ½” x 11” sheet of paper containing information.
· Typing shall not be less than 12 pitch.
3. The Offeror, separately (but included in the same sealed envelope) shall submit an original, TWO IDENTICAL COPIES (including any colored images, tabs, etc.) of a detailed technical proposal in a format that clearly addresses the technical evaluation factors below. You shall also submit your technical proposal on a two (2) CDs.
4. Each response shall address each factor in the sequence listed and clearly identify which factor is being addressed.
5. There shall be no mention of costs in the Technical Proposal.
6. Proposals shall be submitted in a sealed envelope and delivered to the address below by or on the set forth due date:
Salem VA Medical Center Attn: Patrick Stultz, Contracting Officer 1970 Roanoke Boulevard Building 74 Room 212G Salem, Virginia 24153
6. FEDERAL HOLIDAYS: The following Federal Legal Holidays are observed by this Medical Facility:
· New Year’s Day – 1 January
· Martin Luther King’s Birthday – Third Monday in January
· Presidents Day – Third Monday in February
· Memorial Day – Last Monday in May
· Independence Day – 4 July
· Labor Day – First Monday in September
· Columbus Day – Second Monday in October
· Veterans Day – 11 November
· Thanksgiving Day – Fourth Thursday in November
· Christmas Day – 25 December
· Any other Federal Holiday granted by the President of the United States
EVALUATION FACTORS FOR AWARD
THIS SECTION IS FOR SOLICITATION PURPOSES ONLY. THIS SECTION WILL BE PHYSICALLY REMOVED FROM ANY RESULTANT AWARD BUT WILL BE DEEMED INCORPORATED BY REFERENCE.
GENERAL NOTES FOR PROPOSAL SUBMISSIONS AND EVALUATION PROPOSSES:
(a) The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
· Part I - TECHNICAL CAPABILITY
· Part II –PRICE
(b) For the purposes of this document the term “Relevant Project” is defined as follows: A project, completed or in progress, of similar dollar value, size, complexity and scope that includes general construction and plumbing renovations such as installation new water heaters, heat exchangers, mixing valves, piping insulation, and water quality monitoring systems within a health care setting; minimum threshold of $500,000.
(c) BASIS FOR CONTRACT AWARD: The Government intends to use the “Best Value” tradeoff process source selection approach in accordance with FAR 15.101-1. Award will be made to the responsive responsible offeror whose offer in conformance with this solicitation, results in the best value to the Government, price plus other factors considered. The Contracting Officer will award a firm fixed price contract to the responsive responsible offeror whom the Source Selection Authority determines conforms to the solicitation, is fair and reasonable and offers the best overall value to the Government, all factors considered. The Government reserves the right to accept other than the lowest priced offer. Failure to meet a requirement may result in an offer being determined unacceptable. The evaluation process shall proceed as follows:
(d) Failure to provide the required information or to meet the minimum requirement will result in a lower or unacceptable technical proposal rating.
PART I – TECHNICAL CAPABILITY
The technical capability of all offers will be evaluated on an adjectival basis. Sub-factors will be weighted equally, and all areas must have at least a satisfactory rating. Construction Management and Experience, Past Performance, Schedule, and Small Business Participation/Subcontracting Plan evaluation factors will be weighted equally and all areas.
Evaluators shall assign a rating of from the following table based on the minimum requirements stated in each sub-factor section.
| Adjectival Rating |
| Definitions |
| Exceptional |
| Meets all requirements and exceed majority of requirements. Overall the proposal meets and significantly exceeds, in all aspects, the standards for evaluation: very high probability of success: no significant weaknesses. |
| Very Good |
| Meets all requirements and exceed some requirements. The proposal meets and, in some cases, exceeds the standards for evaluation; high probability of success; no significant weaknesses and only minor correctable deficiencies. |
| Satisfactory |
| The proposal meets the standard for evaluation; good probability of success; only minor weaknesses and correctable deficiencies. |
| Marginal |
| Lacks material information. The proposal fails to meet some of the standards for evaluation; low probability of success; major weaknesses and/or uncorrectable. |
| Unacceptable |
| Lacks material information. The proposal fails to meet some or all of the standards for evaluation; need major revision to a new submission to make if acceptable or may contain uncorrectable deficiencies. |
A. Factor 1: Construction Management and Experience
1. Subfactor 1A: Corporate Project Experience CRITERIA: The Offeror (prime contractor only) shall demonstrate relevant corporate experience with a maximum of four (4) projects completed within the last seven (7) years, similar in size, scope, and complexity to this project. The offeror shall also provide their Experience Modifier Rates (EMR), OSHA, and EPA reports, and at a minimum provide a certification that the offeror has no more than three (3) serious, or (1) repeat or one (1) willful OSHA or any EPA violation(s) in the last 3 years. Regarding the Experience Modification Rate (EMR) equal or less than 1.0. This information shall be obtained from the offeror’s insurance company and be furnished on the insurance carrier's letterhead. Self-insured contractor 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.
In describing project construction experience, provide the following information:
| 1) | Project title, location and brief description |
| 2) | Project owner and name and telephone number of owner’s contact person. |
| 3) | Project Design Architect and Engineers and name and telephone number of contact person(s). |
| 4) | Provide a list of Subcontractors who have worked on the corporate projects indicated. Include the address of the subcontracting firm. Clearly indicate each firm and managing persons (project manager/superintendent/foreman as the case may be) Indicate clearly, which of the subcontractors in this list are also proposed for this solicitation. |
| 5) | Project Statistics including start and completion dates (original vs. actual) for construction; cost (original award price versus final, with brief explanation of what is included in the cost); square footage; foundation type; number of levels; and any awards (prizes) received. |
| 6) | Provide the required information utilizing the General Contractor Reference Form included after the end of this section. |
BASIS OF EVALUATION: The basis of evaluation will include the Offeror’s experience in performing relevant construction projects as defined in the solicitation submittal requirements. The assessment of the Offeror’s relevant experience will be used as a means of evaluating the capability of the Offeror to successfully meet the requirements of the RFP. Proposals that fail to provide required and complete information may result in a lower or unacceptable rating. Relevant projects where the Prime and Sub-contractors have previously worked together may receive a higher rating. Those firms with EMR ratings less than 1.0 and no OSHA or EPA violations may be rated higher. Relevancy is defined as similar in scope and size (dollar value and square footage). The offeror should include detailed information and describe in the technical proposal any coordination and phasing challenges & how they were met.
2. Sub-Factor 1B - Project Personnel Experience
CRITERIA: The minimum standard of acceptability is met when the Offeror provides:
1) Supply biographical data for at least the following key personnel (Note if one individual is proposed for more than one position listed):
a) Project Manager;
b) Project Superintendent;
c) QC Manager
d) Site Safety & Health Officer (SSHO)
2) Biographical data shall include the following:
| a) | Name of individual. |
| b) | Company employed by. |
| c) | Company position title. |
| d) | Years with the company. |
| e) | Description of work experience with on relevant projects as defined in this document. Key project personnel with experience (or more experience) on comparable projects will be rated more favorably. |
| f) | Provide an indication of which (if any) projects submitted under Corporate Project Experience (above) the individual participated in and what the individual’s responsibility was for that project. |
| g) | Provide 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 Project Experience (above). Please submit this information in the form of a table. |
| h) | Indicate the position that the individual will hold regarding this contract/Construction Team, description of duties and what percentage of the individual’s time that would be committed to the project during the construction of the project. A higher amount of time commitment will be weighted more heavily. Though a proposed individual may hold two roles, a more favorable rating will be accorded to a proposal that has individuals in single key roles. |
| i) | Describe job related education, licenses, and certifications including degrees, certificates, etc. and granting institutions. |
BASIS OF EVALUATION: The basis of evaluation will include the Offeror’s proposed personnel’s experience in performing relevant construction projects as defined in the solicitation submittal requirements. The assessment of the personnel’s experience will be used as a means of evaluating the capability of the Offeror’s personnel to successfully meet the requirements of the RFP. Offerors that demonstrate that the proposed team has relevant experience working together on similar successful projects may be rated higher on project personnel experience. A higher rating will be accorded to those teams (general & subcontractors) which have worked together previously. The more frequent that the team has worked together, the more favorable the rating. The higher the number of team members who have worked together before, the more favorable the rating. An engineering, architectural or construction management degree from an accredited university for the PM will be rated more favorably than if the PM does not have this credential. Additional safety or health training for the SSHO will be considered more favorably. For any of the indicated roles, extensive experience in comparable projects will be considered favorably.
NOTE: In accordance with CFR Title 48, Section 1352.237-75-Key Personnel. No change in fixed prices shall occur as a result of key personnel substitution. Substitutions of key personnel will be noted in Contract Performance Assessment Reporting System (CPARS) as appropriate.
3. Sub-Factor 1C - Technical/Management Approach.
CRITERIA: The Offeror shall demonstrate the following, relevant to the subject procurement.
1) Project Delivery:
a) Describe offeror’s approach to performing the work of the project, including avoiding or minimizing adverse impact to medical center operations and avoiding or minimizing cost or schedule growth.
b) Describe approach to Successful Partnering,
c) Communication, Commitment, and Conflict Resolution.
2) 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 subcontractors. Provide a list of all proposed Subcontractors, including address and discipline of work.
3) Provide the Offeror's current workload and availability of adequate staff listed under Project Personnel Experience to execute the project. Include project schedules for current and pending projects, as well as the anticipated impact of this project on those schedules and staffing plans. An example of an illustration of workload will indicate the other projects that the offeror has & illustrate the percentage of time that each team member who is listed for this project will also participate in other projects. The total time any team member is allocated to the anticipated projects should not exceed 100%. Overcommitment of team members will result in a lower evaluation.
4) The Offeror shall describe in a written narrative, the plan for sequencing the work to avoid or minimize adverse impact to the Medical Center and ensure the facility remains operational during construction. The narrative shall also detail how the Offeror intends to prepare the site, disassemble, relocate, reassemble, and reactivate utility services to the facility within any specified time limits.
5) Offeror shall identify which elements of the work it intends to self-perform, the percentage of the work, and the overall percentage it represents of the proposed total price.
6) Offeror shall provide a Contractor Quality Control Management Plan specific to this project. The QC Manager proposed for this project must be indicated under the key personnel section.
BASIS OF EVALUATION: The basis of evaluation will include consideration of Offeror’s proposed technical approach for this construction project as defined in the solicitation submittal requirements. The assessment of the Offeror’s method to manage the project shall be used as a means of evaluating the Offeror’s ability to successfully meet the requirements of the RFP. Offerors providing logical, efficient processes and techniques that minimize potential impacts to the project or the VAMC operations may be rated higher. Offerors will be rated more favorably when the percentage of time for each of the team members allocated to this project is closer to 100%.
B. Factor 2 - Past Performance The assessment of the offeror’s past performance is one indicator of an offeror’s ability to perform the contract successfully. Past performance will be rated on relevancy and confidence to perform the work. The currency and relevance of the information, source of the information, context of the data, and general trends in contractor’s performance shall be considered IAW FAR 15.305(a)(2)(ii). The Government reserves the right to obtain information for use in the evaluation of technical qualifications from any other sources, including sources outside of the Government.
CRITERIA: The Government will review available past performance data in the Past Performance Information Retrieval System (PPIRS) using all CAGE/DUNS numbers of (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the offeror’s proposal. The Government reserves the right to obtain past performance information from any available source and may contact customers other than those identified by the offeror, along with any data obtained on projects in progress for VA or other agencies when evaluating past performance.
BASIS OF EVALUATION: The basis of evaluation will be the degree to which past performance evaluations and all other past performance information reviewed by the Government reflect a trend of satisfactory or better performance considering;
1) A pattern of successful completion of tasks;
2) A pattern of deliverables that are timely and of good quality;
3) A pattern of cooperativeness and teamwork with the Government at all levels (task managers, contracting officers, auditors, etc.);
4) Tasks that are identical to, similar to, or related to the task at hand.
5) Relevant, as defined in this document.
In accordance with FAR 15.305, offerors lacking relevant past performance history will not be evaluated favorably or unfavorably for past performance. If the offeror lacks a record of relevant or available past performance history or there is no expectation of either successful or unsuccessful performance based on the offeror’s past performance record, the past performance evaluation will be given a neutral rating.
C. Factor 3: Schedule CRITERIA: Offeror must provide a proposed construction schedule not to exceed 420 calendar days. The schedule must be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the performance period. In addition, the schedule must be submitted in the Microsoft Project format. Offerors should only include the work elements necessary to complete the required work. It is the Offeror’s responsibility to identify all necessary project/work elements and the proposal adequately identifies acceptable critical path elements. The submitted schedule shall include at a minimum the following elements to be considered acceptable:
1) Submission of progress schedule should be provided for the Base Proposal Item.
2) The progress schedule shall be provided as a Gantt Chart prepared using industry standard scheduling software. The horizontal axis will be scaled for time beginning with the tentative Notice to Proceed and concluding with contract completion. The vertical axis will show the milestones and major portions of the contract work including all phasing. All schedule items will show a start date and a completion date.
3) The Offeror shall specify how much allowance has been made for bad weather in the schedule, the days of the week and the hours of construction operations during each sequence of the work, and the percentage of contract completion that will be achieved at the end of each month of the contract.
4) Short Schedules – The Offeror must provide for completion within the time frame (number of days after receipt of the Notice to Proceed).
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