36C24818R0664-001.docx

36C24818R0664

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.

36C24818R0664 X 05-10-2018 675-18-1-3450-0001 675-18-103 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) For Orlando VA Medical Center 8875 Hidden River Pkwy Suite 525 Tampa FL 33637 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) For Orlando VA 8875 Hidden River Pkwy Suite 525 Tampa FL 33637 Tiffany Garfield 813-631-2818 Project Title: Design Build, Improve Mechanical Infrastructure at Lake Baldwin Campus

Project No: 675-18-103

Project Location: Orlando VA Medical Center, Orlando, FL

Contracting Officer (CO): Tiffany Garfield; email - tiffany.garfield@va.gov

Contracting Officer Representative (COR): Dimos Triantafillu; email - dimos.triantafillu@va.gov

Description: This is a 2 Phase Design/Build (DB) project which shall address the identified mechanical deficiencies the latest Facility Condition Assessment (FCA) Survey at the Orlando VA Medical Center, Lake Baldwin Campus

Service Disabled Veteran Owned Small Business Program:

The acquisition is Set-Aside under the SDVOSB program. The prospective contractor is cautioned that any proposal submitted to this solicitation must meet the criteria identified by 38 CFR Part 74. Any person, persons or business entity suspected of misrepresenting itself for the purpose of securing a government contract may be criminally investigated and prosecuted for fraud against the United States of America. Parties found misrepresenting their status also risk debarment from government procurements.

Please reference the attached documents for further proposal submission information.

X X 52.211-10 X email 1 copy

12:00 PM

06-12-2018 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

Phase 1 - Technical Only - No Pricing Submitted Phase II - Technical and Pricing - $ 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) For Orlando VA 8875 Hidden River Pkwy Tampa FL 33637 Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971

Table of Contents

A.1 GENERAL PROPOSAL INFORMATION

GENERAL PROPOSAL INFORMATION

1. Service Disabled Veteran-owned Small Business Verification: This requirement is 100% set aside for verified Service Disabled Veteran Owned Small Business (SDVOSB). The award of this requirement shall not be delayed due to loss of SDVOSB verification. Proposals submitted by non-verified SDVOSB’s will be excluded from evaluation and award consideration.

2. Offer Acceptance Period: Offers providing less than 120 calendar days for Government acceptance after the date offers are due may not be considered and may be rejected.

3. Work Effort: This project is a Design Build Effort: The contractor shall design and construct this project pursuant to the project documentation including drawings, specifications, etc.

4. RFP Issue Date: May 10, 2018

5. Site Visit: An organized site visit is scheduled for:

Phase 1: May 23, 2018 at 10:00a.m. EST Phase 2: TBD

a. Participants are to meet at the Engineering Conference Room Building 3132 at the VA Medical Center, 13800 Veterans Way, Orlando, Florida 32827.

b. Contact Dimos Triantafillu and Tiffany Garfield by email: dimos.triantafillu@va.gov and tiffany.garfield@va.gov to confirm attendance.

6. Requests for Information (RFIs): Phase 1 RFI Due Date: No later than 12:00pm on May 30, 2018. RFI’s should be submitted to the Contracting Officer by email as follows: tiffany.garfield@va.gov . Responses will be provided in a question and answer format. Subject Line of the RFI e-mail should include “RFI #1, 36C24818R0664 and company name. Note: RFI's received after the Due date will only be answered if there is an impact on the project/proposals.

Note: RFI’s will not be accepted after due date.

7. Proposal Due Date: The size of your file shall not exceed 5 Meg. If you have multiple documents, please submit as separate emails. Subject Line of the Proposal e-mail should include the following subject line: “Phase I (etc.,) – Technical Proposal (etc.,) - 36C24818R0664– Your Company Name - TAB “X”, Email “X” of “X (if multiple emails are required to meet the file limitation identified). All material shall be in typeface Time New Roman (12 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. Proposals received after that time will not be considered.

a. Proposals are due as follows: Request for Proposals (RFP) offers for furnishing services identified within the schedule shall be submitted electronically to the Contracting officer (CO) by email at tiffany.garfield@va.gov not later than 12:00pm on June 12, 2018

8. Offer Guarantee (Bid Bond): (An offer guarantee is required). Per FAR Clause 52.228-1-Bid Guarantee, the amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less. NOTE: A scanned copy of the original is acceptable with the original sent by mail.

9. Magnitude of Construction: Pursuant to VAAR 836.204 the following is provided: The magnitude of the project is between $2,000,000 and $5,000,000. This is the estimated range for Construction.

10. North American Industry Classification (NAICS) code: The applicable NAICS code for this procurement is 238220 Plumbing, Heating, and Air-Conditioning Contractors. The Small Business size standard is $15.0 Million.

11. Wage Determination (WD): The applicable WD for this solicitation is incorporated in this document.

12. Superintendence: The Prime contractor shall provide, from his own staff, a competent 30 hour OSHA certified superintendent. This individual shall be 100% full time dedicated and assigned to this project while work is being performed on site. The prime contractor shall not divide or split up their superintendence duties among multiple projects at the same facility. Each project stands alone and requires a dedicated superintendent to be allocated and funded to that particular project.

A.2 PROPOSAL PREPARATION AND EVALUATION INFORMATION

1. Proposal Preparation and Submission Instructions

a. Technical Proposal Format: Technical Proposal shall address all information requested and will then be evaluated against the stated factors. The following format shall be used:

TAB A: General Information

TAB B: Relevant and Recent Past Experience

TAB C: Technical Qualifications

TAB D: Project Schedule

(5) TAB E: Project Planning/Safety/IC/QC

(6) TAB F: Phase II – Design and Construction Methods of HVAC System including Ductwork

(7) TAB G: Phase II – Schedule and Impact to Facility

(8) TAB H: Phase II – Quality Control and Equipment Acceptance

(9) TAB I: Phase II – Management Approach, Key Personnel, Quality Control, and Warranty Support

b. Evaluation Factors and Proposal Requirements. Proposal shall include:

(1) TAB A. General Information

(a) Cover Page with Solicitation Number, Project Title

(b) Table of Contents

(c) Signed offer/Acknowledgement of Amendments (SF1442)

(d) Copy of current vetBiz.gov SDVOSB certification

(e) DUNS Number

(f) Cage Code

(g) Tax ID number

(h) Principle points of contact, address, phone numbers, etc.

(i) Reps and Certs

(2) TAB B: Factor 1 – Technical Approach:

1. In a narrative format, diagrams and/or drawings, describe in detail how the offeror intends to meet or exceed all performance areas stated in the solicitation/statement of work/attachments that are related to Project 675-18-103, Improve Mechanical Infrastructure at Lake Baldwin. Provide technical methods and procedures that reflect a design and construction approach unique to the site and facility. NOTE: Vague, general narratives to include the restatement of the Statement of Work will be rated less favorably.

2. Identify the manufacturers of required equipment, which satisfy the Buy-American Act and relate to this project. Note: FAR Section 25.202 The restriction on purchasing foreign construction material does not apply to the acquisition of information technology that is a commercial item, when using Fiscal Year 2004 or subsequent fiscal year funds (Section 535(a) of Division F, Title V, Consolidated Appropriations Act, 2004, and similar sections in subsequent appropriations acts).

3. Scheduling and minimizing downtime is crucial. Describe a plan to complete the project in a timely manner without causing disruptions to facility during normal business hours. Also describe actions to be taken by the offeror if completion of work is anticipated to fall behind schedule. It is critical to the VA mission that services remain intact with minimal disruption.

4. Describe any technical difficulties that may be encountered in a project of this type. Provide a narrative of preventative measures or solutions to overcome these issues.

· Narrative - 10 page maximum

(3) TAB C: Factor 2 - Technical Qualifications.

Sub-Factor 2(a): Specialized Experience and Technical Competence

1. Describe specialized experience, technical competence, and design expertise in heating, ventilation, and air-conditioning (HVAC) ductwork replacement work, air-handling unit (AHU) replacement work, and hot water heating distribution equipment replacement work performed by the Prime and Subcontractor in an active hospital setting. Proposals that demonstrate technical qualifications in performing projects very similar to or exceeding the scope of this of project 675-18-103 will be rated more favorably.

2. Describe offeror’s ability to obtain the necessary resources to perform this project. These may include, but are not limited to, funding, sub-contractors, subject-matter experts, consultants, and/or specialized trades.

3. Provide Offeror’s total bonding capacity, current available bonding capacity and expected available capacity in 2018 and 2019.

4. Disclose any and all negative licensing information and any pending litigation involving any of the proposed firms that will be either Prime or Sub contractors on this project.

· Narrative – 5 page maximum Sub-Factor 2(b): Key Personnel and Management Approach

1. Submit an organizational chart.

2. Include a narrative which describes the relevant experience of:

a) Firm’s key personnel and experience, to include at least:

Project Manager - Similar projects worked on - Education and /or Certification (s)

Field Superintendent - Similar projects worked on - Education and/or Certification(s)

Other Relevant Firm Employees - Similar projects worked on - Education and/or Certification (s)

Narrative – 10 page maximum, excluding the organizational chart

b) Overall Team- Discuss the planned use of:

Subcontractors:

· Key trades to be subcontracted

· Proposed subcontractors, if firms already determined

· Similar projects worked on

Architect-Engineering (A-E) Firm:

· SF 330s of key A-E personnel, if A-E firm is already determined

· Similar projects worked on

Other Consultants:

· Similar projects worked on

Narrative-10 page maximum, excluding A-E SF 330s

(4) TAB D: Factor 3 – Relevant and Recent Past Performance.

1. A minimum of three (3) and a maximum of five (5) past performance projects completed by the Prime Contractor shall be submitted to the Government.

Each past performance shall contain the following:

a) Brief project description.

b) List of subcontractors.

c) Relevance to project stated in RFP.

d) Initial/Final award amount.

e) State any change orders if occurred during the project performance.

f) Pictures of completed work.

g) Project Contracting Officer Representative or Client.

2. The projects shall be recent (completion date to be within 5 years of the solicitation release date), relevant, and meet or exceed the proposed magnitude and scope of the proposed project, No. 675-18-103.

3. In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available, the Offeror may not be evaluated favorably or unfavorably on past performance

4. Note: The Evaluation Team may also use information obtained from Past Performance Information Retrieval System PPIRS http://www.ppirs.gov/ as a basis for evaluating this factor.

5. Preferable for Offeror to discuss similar type projects in excess of $1,000,000

6. The examples of projects that most closely resemble the project identified in this solicitation will receive higher consideration.

Narrative-10 page maximum

(5) TAB D: Factor 4 – Project Planning/Safety/IC/QC.

1. Describe your plan for phasing this project

2. Describe approach to construction safety and infection control (IC).

3. Submit Quality Control (QC) monitoring procedures that will ensure a high level of construction quality that is applicable to the Specific and General requirements of the Statement of Work.

4. Develop and include procedures involving key subcontractors in the quality of the construction processes.

5. Provide the precautions the contractor will take to avoid damages to facility buildings (include pre-existing conditions) and surrounding properties and the remediation that will take place if damage is done.

Narrative 5 page maximum, excluding the EMR documentation

(6) Phase 1 Evaluation and Selection Criteria:

Phase 1 proposals will be evaluated as follows:

(a) Factors 1 thru 4, as described above, will be rated using an adjectival rating system. Each factor response will be reviewed and assigned an adjectival rating

(b) For evaluation purposes, each technical factor is equal in importance.

(c) After evaluating Phase I proposals the VA may select up to a maximum of five (5) of the most highly qualified offerors from Phase I to submit a Phase II proposal. The top ranked offerors will be notified in writing if eligible for Phase II proposal submissions.

OFFERORS ARE NOT TO SUBMIT A PHASE 2 PROPOSAL UNLESS INVITED

Phase 2 Technical Proposal Preparation and Submission:

(7) TAB E: Factor 1 – Design and Construction Methods of HVAC System including Ductwork

a) Describe the techniques and methods that will be incorporated in the design and construction specific to this project. Methods and techniques shall include but not be limited to: Installation procedures of HVAC ductwork replacement, AHU replacement procedures, and hot water distribution equipment replacement procedures that meet VA guidelines and infection control preventive measures in active hospital settings, ensuring that all equipment is installed properly, is structurally supported adequately, and work is seamlessly phased.

b) Describe approach on developing a design to replace the existing ductwork in the operating room (OR) suite, replacing the existing AHUs listed in the Statement of Work (SOW), replacing ductwork in specified buildings, and replacing the specified hot water distribution equipment, addressing the required cooling load, space temperature and relative humidity requirements, airflow distribution in affected areas, and hot water distribution capacity.

c) Describe any changes to the manufacturer of equipment that will be used for the AHU replacement and hot water distribution equipment replacement that were made since the Phase 1 submission phase.

· Narrative - 5 page maximum

(8) TAB F: Factor 2 –Schedule and Impact to Facility

a) Describe a plan to execute the shutdown of the existing hot water distribution system, the ductwork replacement, and the AHU replacement that is carried out during non-operating hours and that minimizes impact to the facility.

b) Submit a preliminary Critical Path Method (CPM) schedule for the design and construction satisfying the requirements of this project. A practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including design, acquiring materials, plant, and equipment, mobilization, demolition, installation, finalization, etc.). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given point during the period. Most importantly, the schedule should show length of downtime required. The schedule shall show key milestone dates and outages for switchover and start-up of equipment. The schedule is not included in the page limit.

· Narrative - 5 page maximum

(9) TAB G: Factor 3 – Quality Control and Equipment Acceptance

a) Describe the quality control (QC) program that will be used to ensure that the equipment installed under project no. 675-18-103 will be installed per manufacturer recommendations and will follow VHA design guides. List and discuss the major QC program elements you believe are critical to quality oversight of the work product.

b) Describe the methods and techniques that will be used to ensure that the removed equipment, ductwork, and other construction debris will be discarded in an environmentally-friendly manner and abide by all applicable environmental regulations and VA requirements. List the steps that will be taken to mitigate asbestos should any be uncovered during construction phase that is not shown on existing facility surveys.

c) Describe the quality control procedures that will be implemented during the construction phase to ensure that infection control prevention measures specified in the Pre-Construction Risk Assessment (PCRA) are followed at all times during construction activities.

· Narrative - 10 page maximum

(10) TAB H: Factor 4 – Management Approach, Key Personnel, Quality Control, and Warranty Support

d) Describe any changes to management approach, key personnel, and quality assurance/control procedures that have occurred or will occur since Phase 1 proposals for this requirement were submitted.

e) Describe the organization, process and procedures to be established, implemented and carried out for warranty support.

· Narrative - 1 page maximum

PRICE PROPOSAL – Note: Submit under Separate Cover from Technical

(a) General Information:

· Cover Page with Solicitation Number, Project Title

· Signed offer/Acknowledgement of Amendments (SF1442)

· EMR

· Offer Guarantee Bond The Government may use various price analysis techniques and procedures to make a price reasonableness determination. Offerors should assure that their ability to meet or exceed the minimum needs of the Government is adequately described in the offer. The Government reserves the right to evaluate proposals and award a contract without discussions (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a price and technical standpoint.

The Government will evaluate price based on the total price. Total price consists may include alternate bid items such as, deductive, or options. Analysis will be performed by one or more of the following techniques to ensure a fair and reasonable price:

· Comparison of proposed competitive prices received in response to the RFP.

(11) Proposal Submission: Proposals shall be submitted to the same address as the Phase I proposal and can be submitted through use of the same format and means.

a. This acquisition will utilize a best value approach in accordance with FAR 15.101. The best value is the most advantageous proposal, 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 higher-rated, higher priced offeror where the Contracting Officer determines that the technical capability and past performance of the higher-priced offer outweighs the cost difference. A contract award will be made to the responsible offeror whose proposal conforms to the RFP requirements and will provide the best value to the Government.

b. Offerors are cautioned to follow instructions fully and carefully, as the Government reserves the right to make an award based on initial proposals received, without discussions. Therefore, each initial proposal should contain the offeror’s best terms from a price and technical standpoint.

c. Understanding the factors/sub-factors and the associated criteria indicated, the excellence of the work offered, and the ability of the contractor to accomplish what is offered in the proposal is the objective. Contractor shall submit in detail adequate information for evaluation purposes on the evaluation criteria.

d. To provide a basis for sound evaluation by the government, offerors shall submit a complete proposal. The information provided shall be concise, factual, and complete. Proposals will be considered only from offerors that are regularly established in the business and in the judgment of the government, are deemed financially responsible, able to show evidence of experience and have submitted the complete documentation requested.

e. Offerors are hereby advised that any imposed terms and conditions which deviate from the Government’s material terms and conditions established in the solicitation may render their proposal unacceptable and ineligible for award.

f. Phase 2 proposals will be evaluated as follows:

The technical factors consist of the Factors 1 thru 4, described above and will be rated using adjectival rating system, each factor response will be reviewed and assigned an adjectival rating.

For evaluation purposes, each technical factor is equal in importance.

12. Phase II Evaluation and Award Information

a. Source Selection Using Trade Off: This is a competitive Request for Proposal (RFP) that represents the best value to the Government conducted under FAR Part 15, Tradeoff Process, all evaluation factors, other than cost or price, when combined, are equal in importance to cost or price.

b. Thus, award will be made to the firm whose Phase 1 proposal was initially ranked in the top 5 and who now offers a Phase 2 proposal, which based on both its technical and pricing proposals, offers the overall best value to the Government.

c. Each pricing element will be evaluated to determine its reasonableness. The Government may use various price analysis techniques and procedures to make a price reasonableness determination. Offerors should assure that their ability to meet or exceed the minimum needs of the Government is adequately described in the offer. The Government reserves the right to evaluate proposals and award a contract without discussions (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a price and technical standpoint. The Government considers it to be in its best interest to allow consideration of award to other than the lowest priced offeror or other than the highest technically rated offeror.

d. Evaluation Overview: 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 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.

e. SDVOSB Verification- 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.

f. Discussions: The Government intends to evaluate proposals and award a contract without discussions. Communication between the Government and offerors will be limited to exchanges for clarification as described in FAR 15.306(a). The Government reserves the right to enter into discussions if necessary. Thus, an offeror’s proposal should contain the offeror’s best terms from a price and technical standpoint. Communication conducted to resolve minor or clerical errors would not constitute discussions and the Contracting Officer reserves the right to award a contract without the opportunity for proposals revisions or discussions.

13. Safety or Environmental Violations and Experience Modification Rate (EMR)

i. All Offerors shall submit the following information pertaining to their past Safety and Environmental record. The information shall contain, at a minimum, a certification that the offeror has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or any EPA violations(s) in the past three years.

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

iii. 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.

iv. A Determination of Responsibility will be accomplished for the apparent awardee prior to processing the award. If the apparent awardee fails to provide required documentation, then the matter will be referred to the Small Business Administration (SBA) for a certificate of competency or a determination of responsibility by the SBA.

v. This requirement is applicable to all subcontracting tiers, and prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors.

A.3 PRICE OFFER SCHEDULE (PHASE II ONLY)

Design Build construction to complete Project #675-18-103 titled Improve Mechanical Infrastructure at Lake Baldwin Campus, Orlando VA Medical Center.

The Contractor is to provide all labor, materials, tools, equipment, and design-build services for the design and construction of the project described herein and other specific tasks as further defined by this Request for Proposal (RFP). All proposals are to provide both design and construction services for this project as further defined by the Scope of Work (SOW).

This project will design and construct all the elements to completely address the identified mechanical deficiencies from the latest Facility Condition Assessment (FCA) Survey at the Orlando VA Medical Center, Lake Baldwin Campus, located at 5201 Raymond Street, Orlando, FL 32803.

Period of Performance – 480 calendar days after Notice to Proceed.

JB

Reference Price Proposal Submission Requirements

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

(End of Provision)

2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

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

(End of Provision)

2.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the—

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is

Orange County

(End of Provision)

2.4 52.222-41 SERVICE CONTRACT LABOR STANDARDS (MAY 2014)

(a) Definitions. As used in this clause— "Contractor" when this clause is used in any subcontract, shall be deemed to refer to the subcontractor, except in the term "Government Prime Contractor."

"Service employee," means any person engaged in the performance of this contract other than any person employed in a bona fide executive, administrative, or professional capacity, as these terms are defined in Part 541 of Title 29, Code of Federal Regulations, as revised. It includes all such persons regardless of any contractual relationship that may be alleged to exist between a Contractor or subcontractor and such persons.

(b) Applicability. This contract is subject to the following provisions and to all other applicable provisions of 41 U.S.C. chapter 67, Service Contract Labor Standards, and regulations of the Secretary of Labor (29 CFR Part 4). This clause does not apply to contracts or subcontracts administratively exempted by the Secretary of Labor or exempted by 41 U.S.C. 6702, as interpreted in Subpart C of 29 CFR Part 4.

(c) Compensation.

(1) Each service employee employed in the performance of this contract by the Contractor or any subcontractor shall be paid not less than the minimum monetary wages and shall be furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary of Labor, or authorized representative, as specified in any wage determination attached to this contract.

(2)(i) If a wage determination is attached to this contract, the Contractor shall classify any class of service employee which is not listed therein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination) so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed class of employees shall be paid the monetary wages and furnished the fringe benefits as are determined pursuant to the procedures in this paragraph (c).

(ii) This conforming procedure shall be initiated by the Contractor prior to the performance of contract work by the unlisted class of employee. The Contractor shall submit Standard Form (SF) 1444, Request for Authorization of Additional Classification and Rate, to the Contracting Officer no later than 30 days after the unlisted class of employee performs any contract work. The Contracting Officer shall review the proposed classification and rate and promptly submit the completed SF 1444 (which must include information regarding the agreement or disagreement of the employees' authorized representatives or the employees themselves together with the agency recommendation), and all pertinent information to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor. The Wage and Hour Division will approve, modify, or disapprove the action or render a final determination in the event of disagreement within 30 days of receipt or will notify the Contracting Officer within 30 days of receipt that additional time is necessary.

(iii) The final determination of the conformance action by the Wage and Hour Division shall be transmitted to the Contracting Officer who shall promptly notify the Contractor of the action taken. Each affected employee shall be furnished by the Contractor with a written copy of such determination or it shall be posted as a part of the wage determination.

(iv)(A) The process of establishing wage and fringe benefit rates that bear a reasonable relationship to those listed in a wage determination cannot be reduced to any single formula. The approach used may vary from wage determination to wage determination depending on the circumstances. Standard wage and salary administration practices which rank various job classifications by pay grade pursuant to point schemes or other job factors may, for example, be relied upon. Guidance may also be obtained from the way different jobs are rated under Federal pay systems (Federal Wage Board Pay System and the General Schedule) or from other wage determinations issued in the same locality. Basic to the establishment of any conformable wage rate(s) is the concept that a pay relationship should be maintained between job classifications based on the skill required and the duties performed.

(B) In the case of a contract modification, an exercise of an option, or extension of an existing contract, or in any other case where a Contractor succeeds a contract under which the classification in question was previously conformed pursuant to paragraph (c) of this clause, a new conformed wage rate and fringe benefits may be assigned to the conformed classification by indexing (i.e., adjusting) the previous conformed rate and fringe benefits by an amount equal to the average (mean) percentage increase (or decrease, where appropriate) between the wages and fringe benefits specified for all classifications to be used on the contract which are listed in the current wage determination, and those specified for the corresponding classifications in the previously applicable wage determination. Where conforming actions are accomplished in accordance with this paragraph prior to the performance of contract work by the unlisted class of employees, the Contractor shall advise the Contracting Officer of the action taken but the other procedures in subdivision (c)(2)(ii) of this clause need not be followed.

(C) No employee engaged in performing work on this contract shall in any event be paid less than the currently applicable minimum wage specified under section (6)(a)(1) of the Fair Labor Standards Act of 1938, as amended.

(v) The wage rate and fringe benefits finally determined under this subparagraph (c)(2) of this clause shall be paid to all employees performing in the classification from the first day on which contract work is performed by them in the classification. Failure to pay the unlisted employees the compensation agreed upon by the interested parties and/or finally determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Service Contract Labor Standards statute and this contract.

(vi) Upon discovery of failure to comply with subparagraph (c)(2) of this clause, the Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the date such class or classes of employees commenced contract work.

(3) Adjustment of Compensation. If the term of this contract is more than 1 year, the minimum monetary wages and fringe benefits required to be paid or furnished thereunder to service employees under this contract shall be subject to adjustment after 1 year and not less often than once every 2 years, under wage determinations issued by the Wage and Hour Division.

(d) Obligation to Furnish Fringe Benefits. The Contractor or subcontractor may discharge the obligation to furnish fringe benefits specified in the attachment or determined under subparagraph (c)(2) of this clause by furnishing equivalent combinations of bona fide fringe benefits, or by making equivalent or differential cash payments, only in accordance with Subpart D of 29 CFR Part 4.

(e) Minimum Wage. In the absence of a minimum wage attachment for this contract, neither the Contractor nor any subcontractor under this contract shall pay any person performing work under this contract (regardless of whether the person is a service employee) less than the minimum wage specified by section 6(a)(1) of the Fair Labor Standards Act of 1938. Nothing in this clause shall relieve the Contractor or any subcontractor of any other obligation under law or contract for payment of a higher wage to any employee.

(f) Successor Contracts. If this contract succeeds a contract subject to the Service Contract Labor Standards statute under which substantially the same services were furnished in the same locality and service employees were paid wages and fringe benefits provided for in a collective bargaining agreement, in the absence of the minimum wage attachment for this contract setting forth such collectively bargained wage rates and fringe benefits, neither the Contractor nor any subcontractor under this contract shall pay any service employee performing any of the contract work (regardless of whether or not such employee was employed under the predecessor contract), less than the wages and fringe benefits provided for in such collective bargaining agreement, to which such employee would have been entitled if employed under the predecessor contract, including accrued wages and fringe benefits and any prospective increases in wages and fringe benefits provided for under such agreement. No Contractor or subcontractor under this contract may be relieved of the foregoing obligation unless the limitations of 29 CFR 4.1b(b) apply or unless the Secretary of Labor or the Secretary's authorized representative finds, after a hearing as provided in 29 CFR 4.10 that the wages and/or fringe benefits provided for in such agreement are substantially at variance with those which prevail for services of a character similar in the locality, or determines, as provided in 29 CFR 4.11, that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm's length negotiations.