36C24918R0223-002.docx
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- 621-16-144 - Replace AHU 3 for SPD, Bldg. 77 Federal contract opportunity
- Solicitation number
- 36C24918R0223
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36C24918R0223
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.
36C24918R0223 X 621-18-2-5063-0009 621-16-144 90C Department of Veterans Affairs Network Contracting Office 9 1639 Medical Center Parkway Suite 400 Murfreesboro TN 37129 Department of Veterans Affairs Network Contracting Office 9 1639 Medical Center Parkway, Suite 400 ATTN: Diana K. Grube Room 405 Murfreesboro TN 37129-2573 Diana K. Grube 615-225-6510 The contractor shall provide all labor, material, equipment and supervision necessary to complete all work to replace AHU in building 77, Project # 621-16-144 at the James H. Quillen, Corner of Lamont Street and Veterans Way, Mountain Home, TN 37684-0001, in accordance with the attached drawings and specifications. Work includes, but is not limited to general construction, demolition and alteration of existing construction, structural, mechanical, electrical, plumbing, fire protection, utility systems, necessary alteration of existing structure and construction and certain other items.
In accordance with P.L. 109-461, this acquisition is 100% set-aside for Service-Disabled Veteran Owned Small Business concerns. See FAR 52.217-7 Notice of Total Service Disabled Vertan Owned Small Business for information in regards to requirements for consideration. Offoerors must be visible and verified in the VetBiz Registry on the web located at www.vip.vetbiz.gov in order to submit a proposal under this solicitation. In accordance with FAR 52.204-7, System for Award Management, all prospective offerors must complete online representations and certifications.
The NAICS code for this requirement is 238220 with a Small Business Size Standard of $36.5 Million.
The Project Magnitude is between $2,000,000 through $5,000,000.
See FAR 52.236-27 for the date and time of pre-proposal site visit.
To obtain clarifications and/or additional information concerning the contract requirements, specifications, and/or drawings, submit a written request for information (RFI) via email to the Contracting Officer (C0) Diana K. Grube at diana.grube@va.gov. RFIs must be specific in identifying section, paragraph and page and must be in question format. All RFIs submitted shall include the project number and Title, Contract name, city, state, telephone, email address, date submitted and the RFI question(s).
No questions received after 2:00 PM CST, March 22, 2018 will be answered unless it is detemined to be in the best interest of the Government as deemed by the CO. Telephone requests for information will not be accepted.
Offeror's VetBiz listing must appear at proposal due date and time (VAAR 819.7003(b)) and at the time of award.
Offerors should also be advised that the "fast track" reverification program ended September 30, 2012. Consequently, any offeror appearing in VetBiz at the date and time offers are due and at the time of award, but only with the "reverification" moniker, will not be considered and will not be "fast tracked" for reverification.
Joint ventures (JV) are also subject to the same SDVOSB, VetBiz, etc. requirments as "regular" SDVOSBs are. Moreover, the prime venture partner must be the SDVOSB partner used to create the JV.
x 52.211-10 X electronic
3:00 PM CST
04-05-2018 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
Base Offer: _________________________ Alternate Deduct #1__________________
DUNS:_______________________________
Email:_______________________________
626-36X0162-4237-854200-3220 23NR5JC14
x 90C Department of Veterans Affairs Network Contracting Office - 9 1639 Medical Center Parkway Suite 400 Murfreesboro TN 37129 90C FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 Invoice must be submitted electronically
Setup 1-877-489-6135 x Diana K. Grube Contracting Officer
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 |
| A.1 PRICE/COST SCHEDULE | 15 |
| ITEM INFORMATION | 15 |
| INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS | 16 |
| INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS | 17 |
| 2.1 52.216-1 TYPE OF CONTRACT (APR 1984) | 17 |
| 2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) | 17 |
| 2.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999) | 17 |
| 2.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014) | 18 |
| 2.5 52.228-1 BID GUARANTEE (SEP 1996) | 19 |
| 2.6 52.233-2 SERVICE OF PROTEST (SEP 2006) | 20 |
| 2.7 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995) | 20 |
| 2.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 21 |
| 2.9 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998) | 21 |
| 2.10 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) | 21 |
| 2.11 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) | 22 |
| REPRESENTATIONS AND CERTIFICATIONS | 23 |
| 3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018) | 23 |
| 3.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) | 26 |
| GENERAL CONDITIONS | 28 |
| 4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) | 28 |
| 4.2 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016) | 28 |
| 4.3 52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (SEPT 2000) | 29 |
| 4.4 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) | 30 |
| 4.5 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014) | 31 |
| 4.6 SUPPLEMENTAL INSURANCE REQUIREMENTS | 34 |
| 4.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 34 |
| 4.8 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) | 35 |
| 4.9 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) | 36 |
| 4.10 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) | 38 |
| 4.11 VAAR 852.211-74 LIQUIDATED DAMAGES (JAN 2008) | 39 |
| 4.12 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION) | 39 |
| 4.13 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008) | 40 |
| 4.14 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) | 40 |
| 4.15 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (JUL 2002) | 41 |
| 4.16 VAAR 852.236-72 PERFORMANCE OF WORK BY THE CONTRACTOR (JUL 2002) ALTERNATE I | 41 |
| 4.17 VAAR 852.236-74 INSPECTION OF CONSTRUCTION (JUL 2002) | 42 |
| 4.18 VAAR 852.236-76 CORRESPONDENCE (APR 1984) | 42 |
| 4.19 VAAR 852.236-77 REFERENCE TO "STANDARDS" (JUL 2002) | 42 |
| 4.20 VAAR 852.236-78 GOVERNMENT SUPERVISION (APR 1984) | 43 |
| 4.21 VAAR 852.236-79 DAILY REPORT OF WORKERS AND MATERIAL (APR 1984) | 43 |
| 4.22 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 1984) | 43 |
| 4.23 VAAR 852.236-82 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS) (APR 1984) | 44 |
| 4.24 VAAR 852.236-83 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (INCLUDING NAS) (JUL 2002) | 46 |
| 4.25 VAAR 852.236-85 SUPPLEMENTARY LABOR STANDARDS PROVISIONS (APR 1984) | 49 |
| 4.26 VAAR 852.236-86 WORKER'S COMPENSATION (JAN 2008) | 50 |
| 4.27 VAAR 852.236-87 ACCIDENT PREVENTION (SEP 1993) | 50 |
| 4.28 VAAR 852.236-88 CONTRACT CHANGES--SUPPLEMENT (JUL 2002) | 50 |
| 4.29 VAAR 852.236-89 BUY AMERICAN ACT (JAN 2008) | 52 |
| 4.30 VAAR 852.236-91 SPECIAL NOTES (JUL 2002) | 52 |
| 4.31 VAAR 852.246-74 SPECIAL WARRANTIES (JAN 2008) | 53 |
| 4.32 VAAR 852.246-75 WARRANTY FOR CONSTRUCTION--GUARANTEE PERIOD SERVICES (JAN 2008) | 53 |
| 4.33 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011) | 54 |
| 4.34 List of Attachments | 59 |
IMPORTANT PROPOSAL INFORMATION
PROPOSAL MATERIALS: Proposal materials consisting of drawings, specifications, contract forms and any issued. Amendments will be posted at www.fbo.gov . Enter 36C24918R0223 into the search box to access the proposal materials. This is the only official location where these documents can be obtained and where official amendments and updates are posted. No ‘hard copy’ proposal materials are available.
PROPOSAL SUBMISSION: The following documents are to be included in the proposal submission: (1) An original, fully completed and signed SF 1442 Offer page (‘wet ink signature’), (2) Acknowledgment of any amendments issued either via completing block 19 of the SF1442 or completing blocks 15a, b, and c of the Amendment and attaching to the SF 1442 Offer page; (3) An original, fully completed proposal schedule (if one is provided ) otherwise the Base Bid amount for the entire project is entered in block 17 of the SF1442 Offer page; (4) A completed and signed SF 24 Bid Bond (if required, see block 13B. of the SF1442 Solicitation page; (5) Completed Representations and Certifications section (FAR 52.204-8, 52.209-5 (Deviation), and 52.209-7); (6) Any other documents referenced in the solicitation that are to be provided and not specifically mentioned here.
Offerors are responsible for insuring and verifying their offer and all required bid documents are received at the office designated in block 8 of the SF 1442 and by the date and time specified in block 13A of the SF 1442 (subject to amendment) or via email to diana.grube@va.gov.
This section describes the evaluation process, proposal preparation, the significant factors and sub-factors and criteria to be used in the evaluation process. This procurement action is a Lowest Price Technically Acceptable source selection process in accordance with FAR 15.101-2. Proposals will be evaluated for acceptability, but not ranked using the non-price factors/sub-factors. In order to be considered for award, an offeror must have an “acceptable” rating in every non-price factor/sub-factor under consideration.
If the selected offeror’s proposal is determined to be acceptable based on the standards of acceptability, and that offeror’s price is the lowest of all offers submitted, then no further evaluation of offers shall occur and the Contracting Officer will document these findings, and proceed with the responsibility determination of the offeror. Pricing information will only be provided to the TEB upon notification to the Contracting Officer that the technical proposal as submitted meets or exceeds the acceptability standard necessary to fulfill the objective of the requirement. Should the initial offeror’s proposal be determined to be unacceptable according to the standards of acceptability, then the TEB will be required to provide to the Contracting Officer a summary evaluation sheet that documents how the offeror’s proposal fails to meet the standards of acceptability, and request to the Contracting Officer that another selection be made for consideration of award. This process shall continue until such time that an award is made. Offerors shall respond in writing to the evaluation factors listed below, in the same order as they appear in this solicitation document. Failure to provide all information will adversely affect the evaluation of an offer. The information contained in the technical proposal should be complete, concise, and address each factor. If information is applicable to more than one evaluation factor, it must be repeated for each factor, unless stated otherwise.
Technical and Price sections of an Offeror’s proposal will be evaluated independently. Offeror shall separately bind each section. All pages containing text shall be consecutively numbered, type-written on 8-1/2x11 inch paper with margins of at least once inch, and created using a Times New Roman 12-point font. The submitted package should contain two sections, separately bind: a.) Technical Proposal b.) Price Proposal. The Offeror’s Technical proposal shall be no more than 50 pages’ total, which is not inclusive of the solicitation and any amendments issued thereof. The Offeror’s Price Proposal shall be no more than 25 pages inclusive of the bid bonds required. The Offeror is hereby advised that the “S02-Price Schedule” attached worksheet shall be considered as 20 pages, regardless of the overall total. Each section must therefore be labeled with the following:
1. Construction Company Name
2. Physical Address of the Company
3. Telephone Number
4. Email address
5. VA Project Number (Project 621-16-144)
6. VA Project Name (Replace AHU 3 for SPD, Bldg 77)
7. Solicitation number (36C24918R0223) The Technical Evaluation Board (TEB) shall evaluate the offeror’s proposal against all non-price factors/sub-factors to determine whether the proposal is acceptable or unacceptable, using the “GO” or “NO-GO” ratings based upon the standard of acceptability that follows each factor/sub-factor below. In order to obtain a “GO” rating an offeror must meet the standard of acceptability that is listed for each factor/sub-factor.
The evaluation process and criteria stated in this section will be strictly adhered to. Evaluators will make no assumptions regarding an offeror’s proposal. Therefore, an Offeror must demonstrate understanding by the thoroughness, soundness, comprehensiveness and price reasonableness of technical approach. There will be no public opening of offers.
The following evaluation factors and sub-factors will apply to this procurement:
FACTOR 1 – Construction Management The offeror shall provide a narrative that describes the offeror’s overall organization, organizational chart, as well as number of personnel and the duties of proposed technical staff to determine if offeror has the ability to manage multi-discipline projects without significant difficulty. The proposal narrative must adequately address functions, responsibilities and authorities for performing such duties as overall project management, site superintendence, quality control, safety, administration and in-house trade capabilities.
Sub-Factor 1a – Relevant Experience: The Prime Contractor shall provide demonstrated experience in new construction or the addition of a hospital/medical center and/or health care facility for two (2) completed projects within the past ten (10) years with a contract value of at least $3,000,000.00 or greater. The subject project must have involved multiple trades so as to demonstrate the management and coordination of trades by the Prime Contractor.
Standard for Acceptability: The Prime Contractor must provide complete project title, location, start and completion dates, contract price, and trades involved. Provide written narrative of work and a reference for verification.
Sub-Factor 1b - Key Personnel: Provide the names of the Prime Contractor’s project manager and on-site superintendent, including name with title, years with prime contractor, and total work experience as it relates to the new construction or the addition of a hospital/medical center and/or health care facility. Both Project Manager and Site Superintendent must demonstrate (by way of professional resume) experience in managing and providing oversight with new hospital construction or construction additions with a project magnitude of $3M or more over the past 5 years.
Standard for Acceptability: Project manager and the on-site superintendent must have a minimum of five (5) or more years of experience managing new construction and/or construction additions in a hospital or medical center environment.
**note**-failure to provide verifiable information may deem this factor as an “unacceptable” rating to the offeror.
FACTOR 2 - Technical Management Approach: The offeror shall provide a narrative that outlines the proposed technical approach for this project, including assumptions and rationale for choosing the preferred approach.
Sub-Factor 2a-Project Control: Include a discussion of how the duration of project time was achieved; provide a Gantt chart of contract times broken into schedule of values by trade discipline and by General Wage Decision (formerly Davis-Bacon Act). Offeror must include identification of proposed personnel for project management, site superintendence, and quality control; including role in commissioning, safety during construction, and in-house trade capabilities.
Standard for Acceptability: Gantt chart achieving successful project completion in 270 calendar days, with all requirements met for contract. Technical narrative demonstrates sound logic with minimal disruption to medical center operations at all times.
FACTOR 3 - Past Performance: Offeror shall list three (3) only prior clients for completed projects of new construction or new addition of hospital/healthcare facility, medical clinics where the projects dollar magnitude was $3,000,000 or greater within the last five (5) years on the VA Past Performance questionnaire (attached to this solicitation) and ask the client to forward directly to the CO via email at diana.grube@ va.gov by 4:00PM, Eastern Time on April 5, 2018.
Standard for Acceptability: This factor is met when up to three (3) past performance questionnaires that the offeror has worked with in the past ten (10) years are submitted, and are deemed satisfactory. The Government will evaluate the relative merits of each project listed under past performance as well as verify the information provided through direct contact, as well as other government websites.
NOTE: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (SEE FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable”.
The past performance evaluation results are an assessment of the offeror’s probability of meeting the minimum past performance solicitation requirements. This assessment is based on the offeror’s record of relevant and recent past performance information that pertain to the products and/or services outlined in the solicitation requirements. The government may also obtain past performance information through the Past Performance Information Retrieval System (PPIRS) other sources known to the Government.
FACTOR 4: Price: The offeror shall provide prices for all bid items provided, as well as the deduct alternates listed in the Statement of Work. The Government will evaluate offers for award purposes by the base offer item 1. The Government may determine that an offer is unacceptable if the additional offer line items and deduct alternates are significantly unbalanced.
The price proposal is assumed to include the S02-Price Schedule Worksheet, the signed SF 1442, with acknowledgment of any amendments, plus the Offeror’s Bid Guarantee documents (3 pages).
Standard for Acceptability: This standard is met when the Offeror submits a price proposal consistent with the Independent Government Cost Estimate (IGCE) and when analyzed by each price line item, is determined to be consistent with the work required.
The proposed price will be analyzed for reasonableness. It may also be analyzed for the different divisions of work to be performed, reflects a clear understanding of the requirement; and is consistent with the Offeror’s Technical Proposal. A detailed price breakdown is required and shall be provided on the “S02-Solicitation Attachment-Price Schedule” worksheet provided with the solicitation.
If a detailed price breakdown is not included in the offeror’s price proposal, the contractor may be excluded from further consideration of contract award. Pricing will be evaluated in accordance with FAR 15.4 to determine reasonableness and evaluate potential performance risks. In this context, reasonableness will be determined by comparing offered prices with the government estimate. This factor will be evaluated as either reasonable or unreasonable. The Government reserves the right to cancel subject RFP and re-solicit via another mechanism should a fair and reasonable price not be achieved or reasonableness of price cannot be determined.
PROJECT INFORMATION
PROJECT TITLE AND NUMBER: 621-16-144
PROJECT LOCATION: James H. Quillen VA Medical Center MAGNITUDE OF CONSTRUCTION: Between $2,000,000 and $5,000,000 TYPE CONSTRUCTION: Plumbing, Heating, air conditioning contractors
NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM CODE: (NAICS): 238220
SMALL BUSINESS SIZE STANDARD: $36.5 million PERIOD OF PERFORMANCE: 270 calendar days from receipt of Notice to Proceed for Base Bid and Alternate Bid.
SCOPE OF WORK:
The Contractor shall furnish all labor, materials, tools, equipment, permits, and supervision necessary to accomplish the work as provided for in the Contract documents, Plans and Specifications, summary of which is provided below:
This project will provide for the replacement of the existing SPS Air Handling Unit (AHU 3), located in the building 204 Mechanical room and upgrade of its associated exhaust fan system and a new associated air cooled chiller. Existing steel dunnage will be modified to accept the new AHU and new steel dunnage will be provided for the fan system and chiller.
WAGE DETERMINATION: Department of Labor General Decision Number TN180112 dated 1-5-2018 is included as an attachment this solicitation and is applicable to any resultant contract. If necessary, subsequent revisions will be posted to the solicitation via amendment prior to proposals being submitted on April 5, 2018. Revision may also be applicable prior to any contract award. Wage decisions are available at: http://www.wdol.gov/Index.aspx.
REQUESTS FOR INFORMATION (RFI): To obtain clarifications and/or additional information concerning the contract requirements, specifications and/or drawings, submit a written RFI utilizing the RFI Form attached to this Solicitation, send via email to diana.grube@va.gov. The subject line of the email must read ‘RFI – 36C24918R0223’. 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 2:00 CST March 22, 2018. 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.
TYPE OF SET-ASIDE
THIS SOLICITATION IS A 100% SET-ASIDE FOR:
SERVICE DISABLED VETERAN OWNED SMALL BUSINESSES
SEE THE SOLICITATION FOR ELIGIBILITY REQUIREMENTS
DATABASE REGISTRATION INFORMATION
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, you are advised to do so immediately.
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.
VETS-4212 FEDERAL CONTRACTING REPORTING SYSTEM: 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 $150,000 or more in any fiscal year. Report submission link: https://vets4212.dol.gov/vets4212. The rules and regulations can be found here: https://vets4212.dol.gov/vets4212. 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. Code, Section 4212, codified at 41 CFR Section 61-300. Submit this report as soon as possible, if not already submitted, to avoid delays in the contract award process. See FAR provision 52.222-38, Compliance with Veterans' Employment Reporting Requirements (SEP 2010) under the Representations, Certifications and Other Statements of Offerors, and FAR clause 52.222-37, Employment Reports on Veterans (Oct 2015) under the General Conditions.
BONDING INFORMATION
BID GUARANTEE: A bid guarantee is required in an amount not less than 20 percent of the bid price but shall not exceed $3,000,000. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for opening of bids, shall require rejection of the bid in all cases except those listed in Federal Acquisition Regulation (FAR) 28.101-4. Bid Bonds must be provided using Standard Form 24 (see FAR 28.106-1) and the form must be provided in original (no white outs, faxed or copied signatures, seals) with ‘wet ink’ signatures and contain the proper solicitation number, bid opening date, and be from a corporate surety listed in Department of Treasury Circular 570. Individual sureties have to be acceptable to the Contracting Officer (see FAR 28.203) and be accompanied by Standard Form 28 Affidavit of Individual Surety. Other forms of bid security are acceptable as denoted in solicitation provision FAR Part 28.203-2.
PERFORMANCE AND PAYMENT BONDS: In accordance with Contract Clause 52.228-15, and FAR 28.102, Contractors are reminded that any amount awarded over $35,000.00 shall require a Payment Bond (SF 25A), and awards exceeding $150,000.00 shall require both Payment and Performance Bonds (SF 25). Payment and Performance bonds are due no later than 10 days after notification of award. Bonds must be provided with original ‘wet ink’ signatures - no white outs or other corrections are allowable. Copies and facsimiles of bonds shall not be accepted.
SECURITY
BACKGROUND INVESTIGATIONS: All contractor employees are subject to the same level of investigation as VA employees who have access to VA Sensitive Information. The level of background investigation is commensurate with the level of access needed to perform the statement of work. This requirement is also applicable to all subcontractor personnel requiring the same level of access.
MEDICAL CENTER ACCESS: Anyone participating in the site visit, or for any other reason that involves visiting the medical center related to this solicitation, must have a valid ID on your person and your vehicle must be properly registered and insured. Visitors are prohibited from possessing weapons while on 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.
PRIVACY TRAINING: All workers regardless of project length must take VA Privacy Training which will be coordinated after project award with the Contracting Officer’s Representative.
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 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.
OTHER IMPORTANT PROPOSAL INFORMATION
ADDITIONAL PRIME CONTRACTOR INFORMATION - Safety or Environmental Violations and Experience Modification Rating Information 1.) All Offerors shall submit information pertaining to their past Safety and Environmental record. The information must contain a certification that the bidder/offeror has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or any EPA violation(s) in the past three years. If such certification cannot be made, an Offeror shall explain why and submit as much information as possible regarding the circumstances of its past safety and environmental record, including the number of EPA violations and/or the number of serious, repeat, and/or willful OSHA violations, along with a detailed description of those violations.
2.) All Offerors shall submit information regarding their current Experience Modification Rate (EMR). This information shall be obtained from the Offeror’s insurance carrier and be furnished on the insurance carrier’s letterhead. If an Offeror’s EMR is above 1.0, Bidder/Offeror must submit a written explanation of the EMR from its insurance carrier furnished on the insurance carrier’s letterhead, describing the reasons for the elevated EMR and the anticipated date the EMR may be reduced to 1.0 or below.
3.) 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.
4.) If the NCCI cannot issue an EMR because the Bidder/Offeror lacks insurance history, Bidder/Offeror shall submit a letter indicating so from its insurance carrier furnished on the insurance carrier’s letterhead, and include a letter from the NCCI indicating that is has assigned Bidder/Offeror a Unity Rating of 1.0.
5.) The above information, along with other information obtained from Government systems, such as the OSHA and EPA online inspection history databases, will be used to make an initial Determination of Responsibility.
6.) This requirement is applicable to all subcontracting tiers, and prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors.
CONFORMANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS: The Contractor shall perform work under this contract consistent with the relevant policy and objectives identified in the agency, organizational, or facility Green Environmental Management System (GEMS) applicable for your contract. The Contractor shall perform work in a manner that conforms to all appropriate Environmental Management Programs and Operational Controls identified by the agency, organizational, or facility GEMS, and provide monitoring and measurement information as necessary for the organization to address environmental performance relative to the environmental, energy, and transportation management goals. In the event an environmental nonconformance or noncompliance associated with the contracted services is identified, the contractor shall take corrective and/or preventative actions. In the case of a noncompliance, the Contractor shall respond and take corrective action immediately. In the case of a nonconformance, the Contractor shall respond and take corrective action based on the time schedule established by the facility GEMS Coordinator. In addition, the Contractor shall ensure that their employees are aware of the roles and responsibilities identified by the environmental management system and how these requirements affect their work performed under this contract.
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.
A.1 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 0001 |
| General construction- All work as required by drawings and specifications, including general construction, demolition and alteration of existing construction, structural, mechanical, electrical, plumbing, fire protection, utility systems, necessary alteration of existing structure and construction and certain other items. Work includes all labor, material, equipment and supervision to perform the required construction work on this project. Period of Performance is 270 calendar days. |
| 1.00 |
| JB |
| ________________ |
| ________________ |
| 0002 |
| Bid Alternate No. 1 - All work as described in Item 1 above minus all work associated with the installation of the new AHU 3 and associated exhaust fan system, as described on the drawings, in order to provide for the refurbishing (and rearranging) of the existing AHU 3 located in the building 204 mechanical room. The new air cooled chiller will be installed on the existing steel dunnage. Period of Performance is 270 calendar days. |
| 1.00 |
| JB |
| _______________ |
| ________________ |
| GRAND TOTAL |
| _________________ |
Page 1 of Page 1 of
INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS
2.1 52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates firm fixed price award of a 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:
| Goals for minority participation for each trade |
| Goals for female participation for each trade |
| 2.6 % |
| 6.9 % |
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
(End of Provision)
2.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)
(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American—Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).
(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.
(c) Evaluation of offers.
(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.
(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.
(d) Alternate offers.
(1) When an offer includes foreign solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.
(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.
(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—
(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or
(ii) May be accepted if revised during negotiations.
(End of Provision)
2.5 52.228-1 BID GUARANTEE (SEP 1996)
(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.
(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—
(1) To unsuccessful bidders as soon as practicable after the opening of bids; and
(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.
(c) The amount of the bid guarantee shall be 20% percent of the bid price or $3,000,000, whichever is less.
(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.
(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.
(End of Provision)
2.6 52.233-2 SERVICE OF PROTEST (SEP 2006)
Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:
Diana K. Grube Contracting Officer Hand-Carried Address:
Department of Veterans Affairs Network Contracting Office 9 1639 Medical Center Parkway, Suite 400
Murfreesboro TN 37129 Mailing Address:
Department of Veterans Affairs Network Contracting Office 9 1639 Medical Center Parkway, Suite 400
TN 37129
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
(End of Provision)
2.7 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.
(b) An organized site visit has been scheduled for— March 14, 2018 at 10:00 EST
(c) Participants will meet at— James H. Quillen VA Medical Center Corner of Lamont Street and Veterans Way Building 37, Room 104-B Mountain Home, TN 37684-0001 (End of Provision)
2.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/
(End of Provision)
| FAR Number |
| Title |
| Date |
| 52.204-7 |
| SYSTEM FOR AWARD MANAGEMENT |
| OCT 2016 |
| 52.204-16 |
| COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING |
| JUL 2016 |
| 52.204-22 |
| ALTERNATIVE LINE ITEM PROPOSAL |
| JAN 2017 |
| 52.214-34 |
| SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE |
| APR 1991 |
| 52.214-35 |
| SUBMISSION OF OFFERS IN U.S. CURRENCY |
| APR 1991 |
| 52.215-1 |
| INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITION |
| JAN 2017 |
| 52.236-28 |
| PREPARATION OF PROPOSALS—CONSTRUCTION |
| OCT 1997 |
2.9 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998)
As an alternative to filing a protest with the contracting officer, an interested party may file a protest with the Deputy Assistant Secretary for Acquisition and Materiel Management, Acquisition Administration Team, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, or for solicitations issued by the Office of Construction and Facilities Management, the Director, Office of Construction and Facilities Management, 810 Vermont Avenue, NW., Washington, DC 20420.
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