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36C24818R0016 00001 Amended Solicitation 36C24818R0016 00001 [62 pages].docx
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#10 Calle Casia Suite #4M440 San Juan PR 00921-3200 Administrative Building VA Caribbean Healthcare System Department of Veterans Affairs Replace Air Handling Units and Exhaust Fans Place of Performance: VA Caribbean Healthcare System (VACHS), San Juan, Puerto Rico.
This project contemplates the replacement of eleven (11) air handling units at various locations throughout the VACHS main building, and the replacement of forty-nine (49) exhaust fans located at the second-floor service yards and roof on the VACHS main building in accordance with construction documents/drawings, applicable codes and VA policies/ standards. Work includes general construction and shall be in compliance with federal, state, local and VA requirements.
THIS ACQUISITION IS SET-ASIDE 100% FOR SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS (SDVOSB) ONLY, UNDER THE AUTHORITY OF 38 U.S.C. PART 74. ANY PERSON(S) OR BUSINESS ENTITY SUSPECTED OF MISREPRESENTATION FOR THE PURPOSE OF THE SECURING A GOVERNMENT CONTRACT MAY BE CRIMINALLY INVESTIGATED AND PROSECUTED FOR FRAUD AGAINST THE UNITED STATES GOVERNMENT. Offerors must be registered in SAM (www.sam.gov) and VISIBLE/CERTIFIED in VetBiz (www.vetbiz.gov) at the time of offer submission and prior to award to be considered an eligible SDVODB concern.
via email 12-12-2017 X 3:00pm (AST) X X X 52.211-10 ana.alvarado@va.gov
Contracting Officer NCO - 8 East
8. ADDRESS OFFER VIA EMAIL TO:
36C24818R0016 1 of 1,041 Including attachments X
787-641-7582 X34964 Ana G. Alvarado
00672 672-14-600 & 604 672-18-1-353-0003 672-18-1-353-0001
11-03-2017 considered and will be rejected.
Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be d.
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.
c.
is not required.
is, An offer guarantee b.
envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.
(hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ a.
NO
YES
negotiable. (See _____________________________).
mandatory notice to proceed. This performance period is award, calendar days after receiving
11. The Contractor shall begin performance within ____________ calendar days and complete it within
NEGOTIATED (RFP)
SEALED BID (IFB)
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
CALL:
9. FOR INFORMATION
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
SOLICITATION
SOLICITATION
(Construction, Alteration, or Repair)
AND AWARD
SOLICITATION, OFFER,
Prescribed by GSA-FAR (48 CFR) 52.236-1(d)
STANDARD FORM 1442
STANDARD FORM 1442 (REV. 8/2014)
13. ADDITIONAL SOLICITATION REQUIREMENTS:
12b. CALENDAR DAYS (If "YES," indicate within how many calendar days after award in Item 12B.)
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)
b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)
a. NAME
CODE
7. ISSUED BY
6. PROJECT NUMBER
5. REQUISITION/PURCHASE REQUEST NUMBER
4. CONTRACT NUMBER
PAGE OF PAGES
3. DATE ISSUED
2. TYPE OF SOLICITATION
1. SOLICITATION NUMBER
00672 See Price Schedule
NCO815L3-0313
Ana G. Alvarado
Austin TX 78714-9971 P.O. Box 149971
Financial Services Center Department of Veterans Affairs
San Juan PR 00921-3200 #10 Calle Casia Suite #4M440 Administrative Building VA Caribbean Healthcare System Department of Veterans Affairs
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
(To be completed by Government) (Must be fully completed by offeror) (Contractor is not required to sign this document.)
document and return _______ copies to issuing office.)
(Contractor is required to sign this (Type or print) (Type or print) (4 copies unless otherwise specified) (Type or print) (The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each) the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)
(Insert any number equal to or greater than (Include only if different than Item 14.)
(Include area code) (Include ZIP Code)
STANDARD FORM 1442 (REV. 8/2014) BACK
AWARD
OFFER
BY
31c. AWARD DATE 31b. UNITED STATES OF AMERICA 30c. DATE 30b. SIGNATURE
TO SIGN
31a. NAME OF CONTRACTING OFFICER 30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED by reference in or attached to this contract.
the clauses, representations, certifications, and specifications incorporated shall be governed by (a) this contract award, (b) the solicitation, and (c) ractual document is necessary.
this contract. The rights and obligations of the parties to this contract solicitation and your offer, and (b) this contract award. No further cont-on this form and any continuation sheets for the consideration stated in award consummates the contract, which consists of (a) the Government to furnish and deliver all items or perform all work requirements identified offer on this solicitation is hereby accepted as to the items listed. This Contractor agrees Your
29. AWARD
28. NEGOTIATED AGREEMENT
FAX:
PHONE:
27. PAYMENT WILL BE MADE BY
26. ADMINISTERED BY
41 U.S.C. 3304(a) ( 10 U.S.C. 2304(c)(
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
ITEM
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
23. ACCOUNTING AND APPROPRIATION DATA
22. AMOUNT
21. ITEMS ACCEPTED:
20c. OFFER DATE 20b. SIGNATURE 20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER
DATE.
NUMBER
AMENDMENT
19. ACKNOWLEDGMENT OF AMENDMENTS
18. The offeror agrees to furnish any required performance and payment bonds.
AMOUNTS
accepted by the Government in writing within __________ calendar days after the date offers are due.
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
FACILITY CODE
CODE
16. REMITTANCE ADDRESS
15. TELEPHONE NUMBER
14. NAME AND ADDRESS OF OFFEROR
TABLE OF CONTENTS
| PART I - THE SCHEDULE | 1 |
| SECTION A - SOLICITATION/CONTRACT FORM | 1 |
| SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair) | 1 |
| PRICE SCHEDULE | 6 |
| STATEMENT OF WORK | 7 |
| GENERAL PROPOSAL REQUIREMENTS AND INFORMATION | 12 |
| REQUEST FOR PROPOSALS | 12 |
| OFFER GUARANTEE (BID BOND) (SUBMIT WITH YOUR PRICE PROPOSAL) | 12 |
| PROGRESS SCHEDULE | 12 |
| PERFORMANCE AND PAYMENT BONDS | 12 |
| MAGNITUDE OF CONSTRUCTION | 12 |
| PERIOD OF PERFORMANCE | 12 |
| REQUESTS FOR INFORMATION (RFI) | 12 |
| SAFETY AND ENVIRONMENTAL RECORD (SUBMIT WITH YOUR PRICE PROPOSAL) | 13 |
| MEDICAL CENTER ACCESS | 13 |
| TRAINING: | 13 |
| PRIVACY AND CONFIDENTIALITY | 13 |
| REFERENCES TO VA ENGINEER, RESIDENT ENGINEER, SENIOR RESIDENT ENGINEER, OR PROJECT MANAGER | 13 |
| PAYMENT FOR MATERIALS STORED OFF-SITE | 13 |
| VA CARIBBEAN HEALTHCARE SYSTEM (VACHS)-SPECIAL CIRCUMSTANCES | 14 |
| Wage Determination & Davis Bacon: | 14 |
| Daylight Savings Time | 14 |
| Payment of Municipality Taxes in Puerto Rico | 14 |
| Puerto Rico Christmas Bonus Law | 14 |
| E-VERIFY SYSTEM | 14 |
| SYSTEM FOR AWARD MANAGEMENT REGISTRATION | 14 |
| THE EXCLUDED PARTIES LIST SYSTEM (EPLS) | 15 |
| ACKNOWLEDGEMENT OF AMENDMENTS (SUBMIT WITH YOUR PRICE PROPOSAL) | 15 |
| VETS-4212 REPORTING REQUIREMENT | 15 |
| REVIEW REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE ASSESSMENT SYSTEM (CPARS) | 15 |
| PROPOSAL PREPARATION, SUBMISSION INSTRUCTIONS, BASIS FOR AWARD AND EVALUATION FACTORS | 17 |
| PROPOSAL SUBMISSION INSTRUCTIONS | 17 |
| BASIS FOR AWARD | 21 |
| EVALUATION FACTORS | 22 |
| SOLICITATION PROVISIONS | 26 |
| 3.1 52.216-1 TYPE OF CONTRACT (APR 1984) | 26 |
| 3.2 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999) | 26 |
| 3.3 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014) | 27 |
| 3.4 52.228-1 BID GUARANTEE (SEP 1996) | 28 |
| 3.5 52.233-2 SERVICE OF PROTEST (SEP 2006) | 28 |
| 3.6 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995) | 29 |
| 3.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 29 |
| 3.8 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (JAN 2008) | 29 |
| 3.9 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) | 30 |
| 3.10 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) | 30 |
| 3.11 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998) | 31 |
| 3.12 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) | 31 |
| REPRESENTATIONS AND CERTIFICATIONS | 32 |
| 3.13 52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS—REPRESENTATION (DEVIATION) (FEB 2015) | 32 |
| 3.14 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2017) | 32 |
| 3.15 52.209-5 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION)(MAR 2012) | 35 |
| 3.16 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) | 36 |
| GENERAL CONDITIONS | 37 |
| 4.1 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION) (FEB 2015) | 37 |
| 4.2 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) | 37 |
| 4.3 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) | 38 |
| 4.4 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) | 39 |
| 4.5 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) | 39 |
| 4.6 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015) | 40 |
| 4.7 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) | 40 |
| 4.8 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEP 2013) | 42 |
| 4.9 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED ITEMS (MAY 2008) | 42 |
| 4.10 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014) | 43 |
| 4.11 SUPPLEMENTAL INSURANCE REQUIREMENTS | 45 |
| 4.12 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 46 |
| 4.13 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) | 48 |
| 4.14 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992) | 48 |
| 4.15 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION) | 49 |
| 4.16 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008) | 49 |
| 4.17 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) | 50 |
| 4.18 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (JUL 2002) | 50 |
| 4.19 VAAR 852.236-72 PERFORMANCE OF WORK BY THE CONTRACTOR (JUL 2002) ALTERNATE I | 51 |
| 4.20 VAAR 852.236-74 INSPECTION OF CONSTRUCTION (JUL 2002) | 51 |
| 4.21 VAAR 852.236-76 CORRESPONDENCE (APR 1984) | 52 |
| 4.22 VAAR 852.236-77 REFERENCE TO "STANDARDS" (JUL 2002) | 52 |
| 4.23 VAAR 852.236-78 GOVERNMENT SUPERVISION (APR 1984) | 52 |
| 4.24 VAAR 852.236-79 DAILY REPORT OF WORKERS AND MATERIAL (APR 1984) | 52 |
| 4.25 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 1984) ALTERNATE I (JUL 2002) | 53 |
| 4.26 VAAR 852.236-83 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (INCLUDING NAS) (JUL 2002) | 54 |
| 4.27 VAAR 852.236-84 SCHEDULE OF WORK PROGRESS (NOV 1984) | 56 |
| ADDITIONAL REQUIREMENTS FOR BAR CHART SCHEDULE | 56 |
| 4.28 VAAR 852.236-85 SUPPLEMENTARY LABOR STANDARDS PROVISIONS (APR 1984) | 57 |
| 4.29 VAAR 852.236-86 WORKER'S COMPENSATION (JAN 2008) | 57 |
| 4.30 VAAR 852.236-87 ACCIDENT PREVENTION (SEP 1993) | 57 |
| 4.31 VAAR 852.236-88 CONTRACT CHANGES--SUPPLEMENT (JUL 2002) | 58 |
| 4.32 VAAR 852.236-89 BUY AMERICAN ACT (JAN 2008) | 60 |
| 4.33 VAAR 852.236-91 SPECIAL NOTES (JUL 2002) | 60 |
| 4.34 VAAR 852.246-74 SPECIAL WARRANTIES (JAN 2008) | 61 |
| 4.35 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011) | 61 |
| 4.36 MANDATORY WRITTEN DISCLOSURES | 62 |
| 4.37 LIST OF ATTACHMENTS | 62 |
PRICE SCHEDULE
GENERAL CONSTRUCTION: Contractor shall provide all resources necessary to accomplish and furnish ALL labor, materials, equipment, transportation, and supervision TO REPLACE air handling units and exhaust fans in accordance with construction documents/drawings, applicable codes and VA policies/standards. Work includes general construction, and all addendum items. All work shall be in compliance with Federal, State, Local and VA requirements.
PRICE OFFER (LUMP SUM):
Offerors shall submit their price offer for all CLIN items to be considered for award.
Pricing breakdown shall be submitted as described in Solicitation, Price Proposal on page 25.
| ITEM NO. CLIN |
| DESCRIPTION |
| QTY |
| UNIT |
| UNIT PRICE |
| TOTAL AMOUNT |
| 0001 |
| General Construction Services to Replace eleven (11) Air Handling Units at various sites throughout the main building of the VA Caribbean Healthcare System, San Juan, PR. |
| 1 |
| JB |
| $ |
| $ |
| 0002 |
| General Construction Services to Replace forty-nine (49) Exhaust Fans located at the second-floor service yards and roof on the main building of the VA Caribbean Healthcare System, San Juan, PR. |
| 1 |
| JB |
| $ |
| $ |
ASBESTOS CONTAINING MATERIALS HANDLING & DISPOSITION
| 0003 |
| Environmental Permits |
| 1 |
| LS |
| $ |
| $ |
| 0004 |
| Testing |
| 60 |
| EA |
| $ |
| $ |
| 0005 |
| Abatement & Disposition |
| 1,200 |
| SF |
| $ |
| $ |
| 0006 |
| Third Party Certification |
| 1 |
| LS |
| $ |
| $ |
| TOTAL CONTRACT AMOUNT FOR CLIN 0001 through CLIN 0006: |
| $ |
PRICE OFFER SIGNATURE BLOCK:
Offeror Signature:
Print Name of Individual Authorized to Bind Offeror:
Date:
STATEMENT OF WORK
1.1. This document does not relieve the construction firms of their professional responsibility to produce a correct, complete and fully coordinated work.
1.2. This project contemplates the replacement of eleven (11Ea) air handling units at various locations throughout main building (refer to item 1.2.1 thru 1.2.11 below for details); and the replacement of forty-nine (49Ea) exhaust fans located at the second-floor service yards and roof on the main building.
1.2.1. AHU Chapel
1.2.2. AHU-21 Animal Research
1.2.3. AHU-19 Lockers
1.2.4. AHU-2R Surgical
1.2.5. AHU-23 SPD Basement
1.2.6. AHU Cardio Cath
1.2.7. AHU-22 Laboratory
1.2.8. AHU-24 Nutrition
1.2.9. AHU-25 Nutrition
1.2.10. AHU-26 Nutrition
1.2.11. AHU-27 Nutrition
Fans list, construction specifics and requirements are identified in the construction specifications and drawings set prepared by Jose L. Garcia Consulting Engineers.
1.3. The Contractor will certify compliance with all national codes used by the VA, and Federal Requirements and Regulations.
1.4. ASBESTOS CONTAINING MATERIALS HANDLING & DISPOSITION:
1.4.1. Testing for asbestos containing material (ACM) on the connecting ductwork of all eleven (11Ea) air handling units and forty-nine (49Ea) exhaust fans and shall provide and unit price per square foot of ACM for proper removal and disposition in case of positive results. The contractor shall include all applicable permits for the execution of the task.
1.4.2. VA specifications requires, for monitoring purposes, a third party hired to certify that the material has been removed and the area is free of asbestos after the works are completed. The contractor shall include the cost of hiring a third party for asbestos removal certification.
1.5. The Contractor is responsible for producing a complete construction work according to the A/E set of drawings, design narrative/analysis, calculations, sample boards, and specifications in accordance with professional standard practices and VA criteria.
1.6. Contractor will generate meeting minutes during any meetings so that key decisions are recorded for future reference. Provide a copy of the meeting minutes via email to COR no later than 5 calendar days after the meeting for review and approval. All milestones that are not met and any other issues that may delay the project timeline will be discussed with a remedy to meet the scheduled time frame. Weekly safety inspection items will be discussed at the meeting. Contractor shall keep the VA Project Manager/COR and Contracting Officer informed at all times of the status and progress of the project.
1.7. Contractor shall provide a checklist of all submittals, certifications, tests, and inspections required per drawing and specification section.
Construction Requirements:
1.8. Equipment replacement shall be performed during weekdays after 4:00 PM, and during weekends. All shutdowns shall be coordinated through the COR in a timely fashion.
1.9. Contractor shall be responsible to obtain all state and federal permits required for construction and waste disposal.
1.10. Contractor shall comply with the Federal Government policy on waste recycling, disposition and shall present a Waste Management Plan to be approved by the facility Environmental Department.
1.11. Contractor performance period is 365 days from Notice to Proceed.
1.12. Project performance is to be developed in accordance with VA guides, standards and requirements; local and federal codes; and other engineering standards and best practices as per A/E design work (detailed demolition drawings, all necessary civil, electrical, and plumbing and mechanical engineering specialties as well as detailed phasing and construction coordination drawings). The constructor will develop a well-organized, practicable and complete construction for the proposed project in order that the normal hospital operations will not be interrupted nor disturbed except by previous and timely coordination with VACHS Center Director through the Project Manager/Engineer/COR.
1.13. GUARANTEE: The contractor guarantees the equipment against defective material, workmanship and performance for a period of one year, said guarantee to run from date of acceptance of the equipment by the Government. The contractor agrees to furnish, without cost to the Government, replacement of all parts and material that are found to be defective during the guarantee period. Replacement of material and parts will be furnished to the Government at the point of installation, if installation is within the continental United States, or f.o.b. the continental U.S. port to be designated by the contracting officer if installation is outside of the continental United States. Cost of installation of replacement material and parts shall be borne by the contractor.
1.14. With No Sensitive Data but Requires Training
VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE
VA INFORMATION CUSTODIAL LANGUAGE:
a. Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.
b. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.
c. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.
d. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.
SECURITY INCIDENT INVESTIGATION:
a. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.
b. To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.
c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.
d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.
LIQUIDATED DAMAGES FOR DATA BREACH:
a. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.
b. The contractor/subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data.
Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.
SECURITY CONTROLS COMPLIANCE TESTING:
a. On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-day’s notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General.
The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.
TRAINING:
a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete VA Privacy and Information Security Awareness and Rules of Behavior Training before being granted access to VA information and its systems.
(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Rules of Behavior before being granted access to VA information and its systems.
b. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.
c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.
The Certification and Accreditation (C&A) requirements do not apply and a Security Accreditation Package is not required for this SOW.
--- SOW END ---
GENERAL PROPOSAL REQUIREMENTS AND INFORMATION
REQUEST FOR PROPOSALS: Solicitation documents consisting of construction documents/drawings, specifications, contract forms and any issued Amendments will be posted at www.fbo.gov. Enter 36C24818R0016 into the search box to access these documents. This is the only official location where these documents can be obtained and where updates are posted. No “hard copy” solicitation materials are available.
OFFER GUARANTEE (BID BOND) (SUBMIT WITH YOUR PRICE PROPOSAL): An offer guarantee is required. Per FAR Clause 52.228-1 - Bid Guarantee – paragraph (c), the amount of the bid guarantee shall be 20% of the bid price or $3,000,000, whichever is less.
PROGRESS SCHEDULE: The schedule required by FAR 52.236-15 and specification section 01 32 16.15 shall be provided after receipt of the Notice to Proceed for the entire project with appropriate phasing. Be advised specification section 01 32 16.15 contains specific schedule requirements above and beyond those cited in the aforementioned contract clause.
PERFORMANCE AND PAYMENT BONDS: Performance and payment bonds with a penal sum of 100% of order price shall be required within 10 calendar days after award. If the contract will exceed $100,000 (see FAR 28.102-1 for lesser amount), the offeror 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 Specifications. Copies of SFs 25 and 25A may be obtained upon application to the issuing office. Copies of SFs 25 and 25A may be obtained from http://www.gsa.gov/Portal/gsa/ep/formslibrary.
MAGNITUDE OF CONSTRUCTION: Between $2,000,000.00 and $5,000,000.00
NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM CODE: (NAICS) AND SIZE STANDARD: 236220, and size standard $36.5 Million.
PERIOD OF PERFORMANCE: 365 calendar days from receipt of Notice to Proceed.
REQUESTS FOR INFORMATION (RFI): To obtain clarifications and/or additional information concerning the contract requirements, specifications and/or drawings, submit a written RFI via email to ana.alvarado@va.gov. The subject line of the email must read “RFI - 36C24818R0016”. RFIs must be specific, identifying section, paragraph and page no. of the specifications or cite the drawing number and must be in question format. All RFIs submitted shall include the solicitation number and title, contractor name, city, state, telephone, email address, date submitted, and the RFI question(s). RFI responses will be posted to www.fbo.gov as necessary in amendment format. Deadline for submission of RFIs for this solicitation is November 15, 2017. No questions will be answered after this date unless determined to be in the best interest of the Government as deemed by the Contracting Officer. Telephone requests for information will not be accepted or returned.
SAFETY AND ENVIRONMENTAL RECORD (SUBMIT WITH YOUR PRICE PROPOSAL): Offerors shall submit the following information: Experience Modification Rate (EMR) should not exceed 1.0. If no EMR, state the reason way no EMR is available. OSHA 300A, OSHA Incidence Rate, and OSHA DART Rate (including subcontractors). EMR greater than 1.0 will not be acceptable; Incidence Rate greater than 5.19 will not be acceptable; DART Rate greater than 2.99 will not be acceptable. Offerors are required to complete and submit attached Past safety and environmental record or any other form that provided the above information.
MEDICAL CENTER ACCESS: Visitors are prohibited from possessing weapons while on a federal installations (See 18 USC 930 – Possession of Firearms and Dangerous Weapons in Federal Facilities). Handheld cellphone use or texting while driving is also prohibited. All VA Medical Centers and associated properties are Federal Property.
TRAINING: All employees of the general contractor and subcontractors shall have the 10-hour OSHA certified construction safety course and/or other relevant competency training, as determined by the COR with input from the ICRA (Infection Control Risk Assessment) team. The General Contractor’s competent person shall have completed the 30-hour OSHA certified construction safety course. Documentation of training shall be submitted to the Contracting Officer for review and approval prior to any work being performed. No ID badge will be issued to an employee who does not provide this documentation.
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.
REFERENCES TO VA ENGINEER, RESIDENT ENGINEER, SENIOR RESIDENT ENGINEER, OR PROJECT MANAGER: Any reference contained within contract specifications and/or drawings to the “VA Engineer”, “Resident Engineer”, “Senior Resident Engineer”, “Project Manager”, or their abbreviations are to be replaced with “Contracting Officer’s Representative (COR)”.
PAYMENT FOR MATERIALS STORED OFF-SITE: Payment in advance of installation for materials stored off-site is not authorized under this contract.
VA CARIBBEAN HEALTHCARE SYSTEM (VACHS)-SPECIAL CIRCUMSTANCES:
Wage Determination & Davis Bacon: The prevailing Wage Determination for Puerto Rico is not applicable for this contract. The Davis-Bacon Act (DBA) does not apply to federal construction contracts in Guam, Puerto Rico, the U.S. Virgin Islands or other territories. However, some related Acts which provide federal assistance to local Government bodies in these territories do require the payment of prevailing wage rates.
Daylight Savings Time: No Daylight Saving time is observed in Puerto Rico.
Payment of Municipality Taxes in Puerto Rico: The Contractors shall be responsible for all Municipality Taxes also known as “Arbitrios Municipales” and patents for all construction projects, when a proposal is submitted to the Department of Veterans Affairs, VA Caribbean Healthcare System, Puerto Rico. Each Contractor shall make an assessment with the “Centro de Recaudaciones e Ingresos Municipales” known as “CRIM” from the Commonwealth of Puerto Rico. The Contractors shall be responsible to find out the applicable municipality construction taxes and patents where the construction project will be performed with each local Government offices (i.e. San Juan, Ponce, Mayaguez, etc.). If the Contractor fails to include the applicable municipality construction taxes and patents with their proposed cost/price proposal, the Contractor will be solely responsible for the omitted cost/price.
Puerto Rico Christmas Bonus Law: Puerto Rico Christmas Bonus Law No. 148 of June 30, 1969, as amended, is applicable to all businesses working in Puerto Rico.
E-VERIFY SYSTEM: Companies awarded a contract with the federal government shall enroll in E-Verify within 30 days of the contract award date. They shall also begin using the E-Verify system to confirm that all of their new hires and their employees directly working on federal contracts are authorized to legally work in the United States. E-Verify is an Internet-based system that allows an employer, using information reported on an employee's Form I-9, to determine the eligibility of that employee to work in the United States. There is no charge to employers to use E-Verify. (FAR 52.222-54).
SYSTEM FOR AWARD MANAGEMENT REGISTRATION: The System for Award Management (SAM) is the Official U.S. Government system that consolidated the capabilities of the Central Contractor Registration (CCR including FedReg), Online Representations and Certifications Application (ORCA), and the Excluded Parties List System (EPLS). Federal Acquisition Registrations require that federal contractors register in SAM at www.sam.gov and enter all mandatory information into the system. Warning: Award cannot be made to unregistered contractors. If not registered, offerors are advised to do so immediately. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.
THE EXCLUDED PARTIES LIST SYSTEM (EPLS): To ensure that the individuals or businesses providing services under the contract have not engaged in fraud or abuse regarding Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the contractor is required to check the Excluded Parties List System (EPLS) located at www.sam.gov for each person or business providing services under this contract. During the performance of this contract the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities.
ACKNOWLEDGEMENT OF AMENDMENTS (SUBMIT WITH YOUR PRICE PROPOSAL): The offeror shall acknowledge receipt of amendments to the solicitation on SF1442, Block 19.
VETS-4212 REPORTING REQUIREMENT: Contractors are required to submit a required annual Form VETS-4212, Federal Contractor Veterans' Employment Report in all cases where the contractor or subcontractor has received an award of $100,000 or more in any fiscal year. Contracting Officers are prohibited from awarding a contract to a contractor that has not submitted a required VETS-4212 Report with respect to the preceding fiscal year if the contractor was subject to the reporting requirement of 38 U.S.C. 4212(d). Submit this report as soon as possible, if not already submitted, to avoid delays in the contract award process. For more information on this requirement and/or for completing the web-based reporting form, check the following website: https://www.dol.gov/vets/vets4212.htm. See FAR provision 52.222-38, Compliance with Veterans' Employment Reporting Requirements (FEB 2016) available for completion in the online representations and certifications section of SAM, and FAR clause 52.222-37, Employment Reports Veterans (FEB 2016) under the General Conditions.
REVIEW REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE ASSESSMENT SYSTEM (CPARS): As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (VA) evaluates contractor past performance on all contracts that exceed $700,000, 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, CPARS, which is maintained by the Naval Seal Logistics Center in Portsmouth, Virginia. CPARS has connectivity with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies. PPIRS is the system used to collect and retrieve performance assessment reports used in source selection determinations and completed CPARS report cards transferred to PPIRS. CPARS also includes access to the federal awardee performance and integrity information system (FAPIIS). FAPIIS is a web-enabled application accessed via CPARS for contractor responsibility determination information.
Each contractor whose contract award is estimated to exceed $700,000 is required to register with CPARS database at the following web address: www.cpars.csd.disa.mil. Help in registering can be obtained by contacting Customer Support Desk @ DSN: 684-1690 or COMM: 207-438-1690. 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 CPARS to the contractor's designated representative for comment. The contractor representative will have thirty days to submit any comments and re-assign the report to the VA contracting officer.
Failure to have a current registration in the CPARS database, or to re-assign 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.
PROPOSAL PREPARATION, SUBMISSION INSTRUCTIONS, BASIS FOR AWARD AND EVALUATION FACTORS
PROPOSAL SUBMISSION INSTRUCTIONS
The submission of the documentation specified below will constitute the Offeror’s acceptance of the terms and conditions of the RFP, including the Plans & Specifications, Documents for the construction of this project and any issued amendments. These instructions prescribe the format for the proposal, and describe the approach for the development of proposal data. These instructions are designed to ensure the submission of necessary information to provide for the understanding and comprehensive evaluation of proposals.
1. All information in response or related to this solicitation shall be submitted via email address ana.alvarado@va.gov. Proposal in response to this solicitation shall be submitted electronically no later than (NLT) closing date and time specified in SF1442, block 13A (subject to amendment), to the Contacting Officer’s email, ana.alvarado@va.gov . The offeror is responsible to verify that the Government has received the proposals.
2. Offeror must submit one (1) electronic copy via email at ana.alvarado@va.gov by proposal due date. Electronic submission must be in Adobe PDF format.
3. The use of hyperlinks in proposals is prohibited.
4. The Government will review VetBiz (https://www.vip.vetbiz.gov/) to confirm Service Disabled Veteran-owned Small Business (SDVOSB) status verification for the submitted proposals. Evaluations will be performed on proposals submitted by verified SDVOSBs only. Subsequent confirmation of SDVOSB verification status will be performed for the apparent award.
5. All proposals shall be submitted in Two Parts, a Technical Proposal and a Price Proposal. Subject email line proposal shall be titled “36C24818R0016 | Proposal | Your Company Name”. Please ensure each proposal part, technical and price, are clearly separate documents and are clearly titled accordingly. See sample below:
6. Any document(s) submitted via email shall not exceed or larger than 5 Megabytes (MB) in size to ensure receipt by U.S. Government email systems. Send document in separate files as deem necessary. If separate files will be submitted for specific submission, offeror shall include in the subject line right after required subject title, email number followed by the emails total to be submitted for specific submission. See illustration below:
7. Technical Proposal document cover page shall include Type of Proposal (i.e. Technical Proposal), Solicitation Number, Project Title, and Company Information to include: Company Name, DUNs Number, Cage Code, Tax ID Number, Principle Points of Contact, Addresses, Email Address, and Phone Numbers (including area code). Technical Proposal must include table of contents.
8. Preparation of Price Proposal: Price Proposal shall be submitted separately. The Offeror is advised that combining technical and pricing proposal in the offeror’s proposal is not in accordance to the solicitation instructions. Price Proposal shall include complete & signed (WET signature is required) SF1442 including acknowledges receipt of all amendments, Bid Guarantee, Solicitation CLIN 0001, CLIN 0002 Price Schedule, Pricing breakdown, and a completed Safety and Environmental Record along with any other supporting information.
9. The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, it is extremely important to submit your very best proposal terms from a price and technical qualifications standpoint originally; you might not get a chance to improve it.
10. Offers that do not propose to perform all the work required by the solicitation will not be considered.
11. Proposals which merely restate the requirement or state that the requirement will be met, without providing supporting rationale, are not sufficient.
12. The Price Proposal (Volume II) must be submitted separately from the Technical Proposal (Volume I). There is no page limit for the Price Proposal. The offeror must provide sufficient detail, breakdown and supporting information to allow a complete analysis by trade. Refer to price evaluation factors for details.
| Volume |
| Volume Title |
| Submission |
| Format |
| Page Limitations |
Volume I (Technical Proposal) Factor 1 - Experience
Factor 2 – Past Performance
Factor 3 – Management Approach
Factor 4 - Schedule
Via Email
Via Email
Refer to factor to identify total pages & format limitation.
Refer to factor to identify total pages & format limitation.
Refer to factor to identify total pages & format limitation.
No page limit.
Volume II (Price Proposal)
| Factor 5 - Price Proposal |
| Via Email |
| No page limit. |
PRICE PROPOSAL DOCUMENT SHALL BE SUBMITTED IN A SEPARATE DOCUMENT.
DO NOT INCLUDE PRICING IN THE TECHNICAL PROPOSAL DOCUMENT.
13. Proprietary Data: Each page of the offeror’s proposals must be reviewed and marked as to proprietary data content by the offeror in strict compliance with FAR 52.215-1. Also see FAR 3.104-4. A single blanket statement at the front of the proposal is not acceptable. Failure to mark every page will subject the proposal to public release through Freedom of Information Act (FOIA) requests.
14. The Government will not make assumptions concerning intent, capabilities, or experience. Clear identification of proposal details shall be the sole responsibility of the Offeror.
15. The offeror is advised that all submissions and related material become the property of the U.S. Government and will not be returned.
16. To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Proposals must be complete, self-sufficient, and respond directly to the requirement of this solicitation. Proposals must separately address each element of the evaluation factor to be considered responsive to this solicitation.
17. Respond thoroughly in the technical proposal to each factor listed in the solicitation with substantive information relating to the factors. Strongly recommend to format your technical proposal factor by factor, as listed in the solicitation. Stick to the page limits.
18. Offerors are responsible for insuring and verifying their offer, ensure that all required proposal documents are received at email address designated in block 8 of the SF 1442 by the date and time specified in block 13A of the SF 1442 (subject to amendment).
19. All material shall be in typeface Calibri, Arial, Verdana, or Time New Roman (no smaller than 11 font size), 1.5 line spacing on 8½” x 11” white paper with one (1) inch margins all around. Tables and illustration may use a reduced font style, but not less than 8 point, and may be single-spaced. Each page must identify the submitting offeror in the header or footer and page number.
20. All technical proposals shall be compatible with Microsoft Word. Any conceptual drawings, renderings, product data sheets, one-line diagrams, etc., shall be submitted as portable data files (pdf).
21. Pages in excess of the maximum will not be reviewed. Formatting and other restrictions when submitting proposal are listed at the bottom of each evaluation factor.
22. It is the offeror’s responsibility to insure the completeness of the proposal. The evaluation board 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.
23. Only one proposal will be evaluated for each offeror.
24. Offeror shall provide acknowledgment of any Amendments to the Solicitation. Only the Contracting Officer is authorized to issue amendment to the solicitation.
25. Proposal in response to this solicitation shall be signed by the SDBVOSB 51% owner and dated.
26. A scanned copy of original guarantee (Bid Bond) 20% of the bid price or $3,000,000, whichever is less, is acceptable.
27. Proposal Expenses and Pre-Contract Costs: The request for proposal (RFP) solicitation does not commit the Government to pay any costs incurred by any firm submitting a proposal in response to this solicitation.
Please Note: Missing, incomplete, or ambiguous information could result in the proposal being found non-responsive
BASIS FOR AWARD
The Government will award one (1) firm-fixed price 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 proposals must conform to the RFP's requirements and judged to represent the Best Value to the Government. The Best Value is the most advantageous offer, price and other factors considered, and consistent with the Government's stated importance of evaluation criteria. This may result in award being made to a high-rated, higher-priced offeror where the Contracting Officer determines that the Technical capability of the higher-priced offeror outweighs the price.
In accordance with Federal Acquisition Regulations (FAR) Part 15.101-1 the Tradeoff process will be used. The evaluation factors, Factor 1 (Experience), Factor 2 (Past Performance), Factor 3 (Management Approach) and Factor 4 (Schedule) are equal of important and when combined are significantly more important than Price (Factor 5).
EVALUATION FACTORS
FACTOR 1 – EXPERIENCE (This factor will be evaluated as one (1) factor. There are no subfactors.)
Offeror shall provide a total of four (4) work experience projects meeting the requirements of this solicitation in performance at any point during the previous five (5) years from the solicitation date or currently ongoing (at least 50% complete) that best represent the Offeror’s work experience required on this solicitation. The information provided will be used to evaluate the relevancy and depth of each Offeror’s experience. Offeror are responsible for providing project descriptions in sufficient detail to permit evaluation of project relevancy to this procurement.
Projects provided for experience should demonstrate experience constructing and managing a project that involves work similar in size, scope and complexity to the work required under this solicitation.
Offeror experience shall be submitted using Experience Information Sheet attached.
In this context, “Offeror or Offeror’s” refers to the proposed prime contractor, and all proposed major subcontractor(s).
Signed Letters of Commitment from any key subcontractors (to include directed subcontractor) for all work to be performed under this contract.
If more than four (4) projects are submitted, only the first four (4) will be evaluated. If the project is older than five years, it may be considered less relevant.
The Government may contact point(s) of contact to verify project information on the Experience Information Sheets.
| Formatting and Other Restrictions: |
| There is a limit to a maximum of twelve (12), 8½” x 11” pages. |
FACTOR 2 – PAST PERFORMANCE (This factor will be evaluated as one (1) factor. There are no subfactors.)
The Past Performance Questionnaire (PPQ), included in the solicitation is provide for the Offeror or its team members to submit to the client for each project the Offeror includes in its proposal for Factor 1, Experience. Ensure correct phone numbers and email addresses are provided for the client point of contact. Completed PPQs should be submitted with your proposal.
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