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Project # 614-18-101 Design-Build to Renovate Bldg. 1A D416 Satellite Pharmacy for USP 800.
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36C24918R0392
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36C24918R0392

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.

36C24918R0392 X 07-27-2018 614-18-2-5530-0024 614-18-101 90C Department of Veterans Affairs Network Contracting Office (9) c/o: Matt Whisman, Contracting Officer Leestown Road Lexington KY 40511 Department of Veterans Affairs Network Contracting Office (9) c/o: Matt Whisman, Contracting Officer Leestown Road Lexington KY 40511 Matthew R. Whisman 859-281-3883 Proj . #614-18-101, Design/Build: Renovate Bldg. 1A D416 Satellite Pharmacy for USP 800 at the Memphis VA Medical Center This is a Design/Build requirement. Contractor shall provide all labor, material, equipment and expert supervision needed to design and construct the renovation of Bldg. 1A D416 Satellite Pharmacy for USP 800 at the Memphis VA.

This requirement will follow the Two-Phase Design-Build process. An award will be made in accordance with FAR Part 15 as a "Best Value" source selection process, and in accordance with FAR Part 36.3 "Two Phase Design-Build" selection process. The resulting contract action will be a firm fixed price.

The estimated cost of the construction magnitude is between $1,000,000.00 and $2,000,000.00

This acquisition is a 100% set-aside for service disabled veteran owned small business concerns (SDVOSB). Only verified (CVE) SDVOSB firms are eligible to submit an offer or received an award under this procurement action. Parties who submit an offer and are not CVE verified, said offer will be rejected and considered "nonresponsive". Additional require ments for award are: 1. An active registration in the System for Award Management (at the time of offer submission, and prior to award. 2.) Verification of Enrollment with the VETS 4212. 3.) Listed and viewable with an active registration in the CVE database located at www.vetbiz.gov. In addition, the Offeror must be determined responsible in accordance FAR Part 9.

All RFI's/Questions related to this acquisition shall be submitted in writing only via email to the Contracting Officer at matthew.whisman@va.gov. The subject line of the email must contain the Project Number, Project Title and the Solicitation Number. The last day to submit RFI's/Questions is August 14, 2018, 10:00am EST.

The government intends to award without discussions, however; the Government reserves the right to conduct discussions should the Contracting Officer later determines them to be necessary. This is a Two-Phase Design/Build requirement, only the three (3) most highly qualified proposals selected from Phase 1 will be eligible to participate in Phase 2 of this two (2) step process.

NAICS Code 236220 is applicable to this requirement. The small business size standard is $36.5M ALL INTERESTED PARTIES ARE HEREBY NOTIFIED THAT UNLESS OTHERWISE STATED, ALL TIME REFERENCED IN THIS SOLICITATION SHALL BE CONSIDERED TO BE EASTERN TIME (ET). THE GOVERNMENT WILL NOT BE RESPONSIBLE FOR LATE SUBMISSIONS.

X X 52.211-10 X 1 electronic CD 12:00pm ET 08-24-2018 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

Item 1:___________________________________________________ In addition to providing the Lump Sum fixed price above, the Offeror shall use the S02-Pricing Schedule attached to this solicitation to submit a detail pricing breakout. Failure to complete and submit detail pricing will render the offer as Non-responsive. Pricing to be submitted in Phase 2.

614-3680162-5530-854200-3223 23NRNR000

90C Department of Veterans Affairs Network Contracting Office 9 2250 Leestown Road Lexington KY 40511 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 Matthew R. Whisman

NCO916L2-3090

Table of Contents

SOLICITATION/CONTRACT FORM1
INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS13
1.1 52.228-1 BID GUARANTEE (SEP 1996)13
1.2 SUPPLEMENTAL INSURANCE REQUIREMENTS14
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS15
INSTRUCTIONS FOR PROPOSAL SUBMISSION15
A. PHASE I - REQUEST FOR QUALIFICATIONS (RFQ)15
B. PHASE II REQUEST FOR PROPOSALS (RFP)18
C. EVALUATION FACTORS20
2.1 52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA (OCT 2010)27
2.2 52.216-1 TYPE OF CONTRACT (APR 1984)28
2.3 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014)29
2.4 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)29
2.5 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)30
2.6 52.233-2 SERVICE OF PROTEST (SEP 2006)31
2.7 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)32
2.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)32
2.9 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (JAN 2008)32
2.10 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)33
2.11 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008)33
2.12 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998)33
2.13 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)34
2.14 PARTNERING34
REPRESENTATIONS AND CERTIFICATIONS35
3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018)35
3.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)38
GENERAL CONDITIONS40
4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)40
4.2 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)40
4.3 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ALTERNATE I (APR 1984)41
4.4 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)41
4.5 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)42
4.6 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)43
4.7 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010)43
4.8 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEP 2013)45
4.9 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED ITEMS (MAY 2008)46
4.10 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)46
4.11 52.244-2 SUBCONTRACTS (OCT 2010)49
4.12 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)51
4.13 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008)54
4.14 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)54
4.15 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)55
4.16 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)55
4.17 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (JUL 2002)57
4.18 VAAR 852.236-74 INSPECTION OF CONSTRUCTION (JUL 2002)57
4.19 VAAR 852.236-76 CORRESPONDENCE (APR 1984)57
4.20 VAAR 852.236-77 REFERENCE TO "STANDARDS" (JUL 2002)57
4.21 VAAR 852.236-78 GOVERNMENT SUPERVISION (APR 1984)58
4.22 VAAR 852.236-79 DAILY REPORT OF WORKERS AND MATERIAL (APR 1984)58
4.23 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 1984)58
4.24 VAAR 852.236-82 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS) (APR 1984)58
4.25 VAAR 852.236-84 SCHEDULE OF WORK PROGRESS (NOV 1984)61
ADDITIONAL REQUIREMENTS FOR BAR CHART SCHEDULE62
4.26 VAAR 852.236-85 SUPPLEMENTARY LABOR STANDARDS PROVISIONS (APR 1984)62
4.27 VAAR 852.236-86 WORKER'S COMPENSATION (JAN 2008)63
4.28 VAAR 852.236-87 ACCIDENT PREVENTION (SEP 1993)63
4.29 VAAR 852.236-88 CONTRACT CHANGES--SUPPLEMENT (JUL 2002)63
4.30 VAAR 852.236-89 BUY AMERICAN ACT (JAN 2008)65
4.31 VAAR 852.236-91 SPECIAL NOTES (JUL 2002)66
4.32 VAAR 852.246-74 SPECIAL WARRANTIES (JAN 2008)66
4.33 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)67
4.34 IT CONTRACT SECURITY67
DESIGN BUILD SPECIFICATIONS77
4.35 SCHEDULE OF PAYMENTS FOR DESIGN SERVICES77
4.36 OWNERSHIP OF ORIGINAL DOCUMENTS77
4.37 RETENTION OF REVIEW DOCUMENTS77
4.38 CONTRACT DRAWINGS AND SPECIFICATIONS GOVERNMENT FURNISHED PLANNING INFORMATION77
4.39 COORDINATION WITH MEDICAL CENTER78
4.40 RESPONSIBILITY OF THE DESIGN-BUILD CONTRACTOR78
ATTACHMENTS79
ATTACHMENT 1 - RELEASE OF CLAIMS79

STATEMENT OF WORK

A. GENERAL INFORMATION

1. Title of Project: Renovate Building 1A D416 Satellite Pharmacy for USP 800

2. Scope of Work: Provide all labor, materials, tools and equipment, and design-build services necessary for design and construction of a project described here-in and other specific tasks as further defined by this request for proposal (RFP).

This design build project “Renovate Building 1A D416 Satellite Pharmacy for USP 800” will renovate approximately 1,680 total square feet of existing Pharmacy space used for both sterile and hazardous drug compounding that must be brought into USP 800 compliance. This project will need to be performed in 2 phases, with the Inpatient Pharmacy area being renovated first and the D416 Satellite Pharmacy being renovated afterward. The existing D416 Satellite Pharmacy space (approximately 740 square feet), which includes D416A Sterile Prep and D416B Chemo, has to be reconfigured to provide the proper arrangement of preparation areas and ante space. The inpatient pharmacy compounding area (approximately 800 square feet), which includes the ante room DB1102B and admixture room DB1102C has to be reconfigured as well. A hazardous drug storage space needs to be configured in the Inpatient Pharmacy (approximately 140 square feet). HVAC also has to be reconfigured to provide the proper air exchanges and air pressure relationships between rooms. Work will also include the replacement of finishes for floors, ceilings, and walls; pass-thru windows, doors, frames; changes to electrical for lighting, power, and communication to accommodate the reconfiguration; changes to plumbing to accommodate the reconfiguration; and replacement of casework cabinets and countertops. The existing laminar flow hoods will remain. The existing fume hoods will be replaced as part of the design build contract.

3. Background:

USP General Chapter <800> implementation is scheduled by the end of 2019. This provides the practices and quality standards for handling hazardous drugs to protect patients, healthcare workers, and the environment. Facilities and engineering controls need to be assessed and modified to incorporate the necessary changes by the implementation date.

The inspection of the facility for inpatient pharmacy sterile preparation compliance with USP 797 completed on February 8, 2018 identified multiple deficiencies with the facilities. The recommendation was to completely renovate the spaces and comply with the latest USP 800 standards to address both sterile preparation and handling of hazardous compounds. A segregated negative pressure storage space for hazardous drugs is also required.

The official title of the project “Renovate Building 1A D416 Satellite Pharmacy for USP 800” did not change when the project work expanded to include Inpatient Pharmacy.

4. Performance Period: The contractor shall complete the work required under this SOW in a total of 240 calendar days or less from date of award/Notice to Proceed, unless otherwise directed by the Contracting Officer (CO).

B. CONTRACT AWARD MEETING

The contractor shall not commence performance on the tasks in this SOW until the CO has conducted a kick off meeting, or has advised the contractor that a kick off meeting is waived.

C. GENERAL REQUIREMENTS

1. ITEM I, GENERAL CONSTRUCTION: Design-build work includes general construction, alterations, mechanical, and electrical work, utility systems, necessary removal of existing construction and certain other items.

D. SPECIFIC MANDATORY TASKS AND ASSOCIATED DELIVERABLES

Description of Tasks and Associated Deliverables: The contractor shall provide the specific deliverables described below within the performance period stated in Section A.4 of this SOW.

Task One: Design Submissions

Deliverable One: Provide design submissions for review at Schematic Design, 35% Design Development, 65% Construction Documents, and 95% Construction Documents stages. Allow up to10 calendar days with each submission for VA review and design submission review meeting.

Once the design reaches the 35% Design Development stage, limited demolition can begin. Further design development maybe required before demolition can proceed on systems such as the mechanical ductwork and piping.

Task Two: Submittals

Deliverable Two: Provide submittals in PDF for VA review. VA will not take action until the Design-Build A/E has completed initial review. Allow up to 10 calendar days for VA response. Response time will vary and will exceed this time frame when transmittals are more complex or poorly prepared. Quantity will also have an impact.

Task Three: Work performance.

Deliverable Three: Work shall be performed in a manner to minimize the impact of Medical Center operations. Normal work times are between the hours of 7:30 a.m. and 4:30 p.m. Monday through Friday. Work will typically not be performed during federal holidays. The areas above and below the construction areas both provide clinical care services. Activities that require access for work in these spaces, or generate noise and vibration that impacts operations of these areas must be coordinated and performed at other than normal work times.

E. SCHEDULE FOR DELIVERABLES

1. The contractor shall complete the Delivery Date column in Attachment A for each deliverable specified.

2. Unless otherwise specified, the number of draft copies and the number of final copies shall be the same.

3. If for any reason any deliverable cannot be delivered within the scheduled time frame, the contractor is required to explain why in writing to the CO, including a firm commitment of when the work shall be completed. This notice to the CO shall cite the reasons for the delay, and the impact on the overall project. The CO will then review the facts and issue a response, in accordance with applicable regulations. If deliverable cannot be delivered within the scheduled time frame, compensation may be taken from the contractor.

G. CHANGES TO STATEMENT OF WORK

Any changes to this SOW shall be authorized and approved only through written modifications to the contract by the CO. A copy of each modification will be kept in a project folder along with all other products of the project. Costs incurred by the contractor through the actions of parties other than the CO shall be borne by the contractor.

H. REPORTING REQUIREMENTS

1. Daily Logs submitted electronically by the following work day.

2. Certified Payrolls submitted electronically bi-weekly.

3. Safety reporting in accordance with applicable sections of the specifications.

4. Test reports in accordance with applicable sections of the specifications.

5. Construction waste tracking in accordance with the applicable sections of the specifications, but no less than monthly once construction work has begun.

I. TRAVEL [If applicable]

[Discuss any anticipated travel. Include the VA site locations, number of trips and duration of travel anticipated.] [When travel is applicable include the following language] “Travel and per diem shall be reimbursed in accordance with VA/Federal Travel Regulations.”

J. GOVERNMENT RESPONSIBILITIES [If applicable]

[Tells what the Government will provide; for example: office space, telephone service, Government-furnished equipment; procedural guides, reference materials, and program documentation.]

K. CONTRACTOR EXPERIENCE REQUIREMENTS

· The contractor must inform the VHA COR when personnel are removed from the contract for any reason.

· If a key person becomes unavailable to complete the contract, proposed substitutions of key personnel shall be made to the COR and CO.

L. CONFIDENTIALITY AND NONDISCLOSURE

It is agreed that:

1. The preliminary and final deliverables, and all associated working papers, application source code, and other material deemed relevant by VA which have been generated by the contractor in the performance of this contract, are the exclusive property of the U.S. Government and shall be submitted to the CO at the conclusion of the contract.

2. The CO will be the sole authorized official to release, verbally or in writing, any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this contract. No information shall be released by the contractor. Any request for information relating to this contract, presented to the contractor, shall be submitted to the CO for response.

3. Press releases, marketing material, or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO.

M. SECURITY REQUIREMENTS

The Design-Build (DB) firm is responsible for assuring that all employees and consultant employees working on the project comply with these regulations.

1.Employees shall not be on site without appropriate badge. Employees are responsible for reporting to VA Police with acceptable photo ID to obtain a badge. VA approved badge shall be worn with the identification facing forward and visible above the waist. The employees may also be subject to inspection of their personal effects when entering or leaving the facility.
2.No photography or video recording of VA premises is allowed without prior authorization.
3.VA issued keys are to remain on VA property. Keys that are checked out from the Engineering Office shall be returned each day.
4.Before starting any work, the DB shall submit an electronic security memorandum describing the approach to following goals and maintaining confidentiality of “sensitive information”.
5.The DB is responsible for safekeeping of all drawings, project manual and other project information. This information shall be shared only with those with a specific need to accomplish the project.
6.All paper waste or electronic media such as CD’s and diskettes shall be shredded and destroyed in a manner acceptable to the VA.
7.VA Information Custodial Language
a.Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).
b.VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct onsite inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.
c.Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.
d.The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.
e.The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.
f.If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.
g.If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.
h.The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.
i.The contractor/subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA’s minimum requirements. VA Configuration Guidelines are available upon request.
j.Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA’s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.
k.Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.
l.For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR.
8.Privacy – VA Mandatory Training (With Access)
a.VA Privacy Training for employees with access to VA computer systems or VA sensitive information.
b.VA Talent Management System (TMS) training course VA10176 provides the mandatory Privacy Training requirements for any contractor with access to VA computer systems or VA sensitive information.
c.Each employee self-enrolls for a profile on the VA TMS by visiting https://www.tms.va.gov/plateau/user/login.jsp. Once there, employees should follow the steps below to create a profile, launch the mandatory training, and complete the content prior to starting work at VA.
d.Provide the COR with each employee’s printed certificate of completion from the TMS. This certificate displays the employee’s TMS User ID.

9. Privacy – VA Mandatory Training (Without Access)

a.VA Privacy Training for employees without access to VA computer systems or VA sensitive information.
b.VA Talent Management System (TMS) training course VA20939 provides the mandatory Privacy Training requirements for any contractor without access to VA computer systems or VA sensitive information.
c.Each employee self-enrolls for a profile on the VA TMS by visiting https://www.tms.va.gov/plateau/user/login.jsp. Once there, employees should follow the steps below to create a profile, launch the mandatory training, and complete the content prior to starting work at VA.
d.Provide the COR with each employee’s printed certificate of completion from the TMS. This certificate displays the employee’s TMS User ID.

END STATEMENT OF WORK

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INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

1.1 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 Twenty (20%) percent of the bid price or $3,000,000.00, 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)

1.2 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause)

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

INSTRUCTIONS FOR PROPOSAL SUBMISSION

NOTE: THIS IS A PHASE I PROPOSAL ONLY. DO NOT SUBMIT PHASE II INFORMATION WITH THE PHASE I PROPOSAL.

ALL PROPOSAL PREPARATION COSTS WILL BE THE SOLE RESPONSIBILITY OF THE OFFEROR. THE GOVERNMENT WILL NOT REIMBURSE ANY FIRM FOR THEIR PROPOSAL PREPARATION COSTS.

A. PHASE I - REQUEST FOR QUALIFICATIONS (RFQ)

A.1 Organized Site Visit An organized site visit will be held Monday August 6, 2018 at 2:00pm EST. There will only be one organized site visit. Interested Offerors are encouraged to attend, as no other access/site visit will be authorized.

A.2 Pre-Submission Inquiries Submit Phase 1 inquiries, questions or comments electronically to the Government's Point of Contact (POC). All requests for information or clarification must be submitted via email only to: matthew.whisman@va.gov by August 14, 2018 at 10:00 AM EST, email subject line shall include project number, project title and solicitation number. Responses to all RFI’s/Questions will be issued as an amendment to the solicitation.

Instructions for submitting Phase II inquiries, questions or comments will be provided on the Federal Business Opportunities website at www.fbo.gov.

A.3 Date, Time & Place of Submission Phase I proposals must be received at the Lexington VA Medical Center, 2250 Leestown Road, Lexington, Kentucky 40511, c/o: Matthew R. Whisman, Contracting Officer by the submission due date of August 24, 2018 at 12:00PM EST. Packages should be addressed to Matthew R. Whimsan, Contracting Officer. Late submissions will not be accepted. All submitted materials will become the property of the Government and will not be returned.

Regardless of the manner you choose to deliver your package, it is the Offeror’s responsibility to ensure it is received before the submission deadline.

A.4 Phase I Submission Requirements Phase I proposals will be accepted and evaluated for possible advancement to Phase II. Phase I evaluation will select no more than three (3) of the most highly qualified Offerors to advance to Phase II. Submitted proposals that do not meet the following instructions may be determined to be nonresponsive and not considered for an award. Proposals shall contain all applicable information as required by the solicitation.

1. Offerors are required to submit one (1) original and one (1) electronic copy in pdf format on compact disc of their technical proposal.

2. Documents required: The proposals shall be submitted to the Contracting Officer by the due date and time as specified on the SF 1442 at the address as indicated below. The proposals shall be spiral bound (NO 3-ring binders) into volumes with a cover sheet for each volume displaying information required at item 6. The volumes shall be submitted in response to this solicitation. The proposal shall consist of two (2) physically separate and detachable submissions as follows: Volume I- Experience/Technical (Factors 1 - 2) and Volume II – Past Performance Information (Factor 3). The proposal shall not exceed the number of pages identified in the table below. A page is considered to be one side of an 8-1/2 x 11-inch sheet of paper.

a. Volume 1 shall be the Experience/Technical proposal (maximum 30 pages); and

b. Volume 2 shall be the CPARs/Past Performance and signed SF-1442 with acknowledgment of all amendments, (no maximum pages).

Phase 1 Technical Proposal Page Limitations

Tab
Description
Total Page Limit**

Volume I

Factor 1
Corporate Experience

a. Subfactor 1A: Project Experience

b. Subfactor 1B: Personnel Experience

Factor 2
Technical Approach
15
Factor 3
CPARs/Past Performance
No limit

**NOTE: Cover pages, index pages, CPARS evaluations, and PPQ’s do not count towards page limitations. The Government will not review any information that exceeds the page limitation, including attachments, enclosures, charts, etc. For instance, if the total page limitation is 10 pages, the Government will only review 10 pages. Information submitted on the 11th page and beyond will not be reviewed.

3. Text: Text shall be at least single spaced, on 8 1/2 x 11 inch paper, with a minimum one-half inch margin all around. Pages shall be numbered consecutively. Printing double-sided is encouraged but each printed side will count as a single page towards the total sheet count limitation for the respective section. No foldout pages shall be used except for drawings as described in (c) below. Pages submitted in excess of the page limitations stated throughout this document will not be evaluated.

4. Drawings: Drawings will be submitted as full size (30” x 40” maximum) hardcopy sheets and may be reduced and bound into the response booklet without being counted as sheets.

5. Font Size: Print shall be of a minimum 12-point font size or a maximum 10 characters per inch (10-pitch, pica) spacing. Bolding, underlining, and italics may be used to identify topic demarcations or points of emphasis. Graphic presentations, including tables, while not subject to the same font size and spacing requirements, shall have spacing and text that is easily readable.

6. Proposals will be identified with the following information for each volume:

a. Solicitation Number

b. Solicitation Title

c. Contractor Name/POC with contact information; name, telephone number and email address.

d. Contractor DUNs

e. Volume Number (1 or 2);

f. Volume Title (Experience/Technical or Past Performance)

7. Proposals shall contain all applicable information as required by the evaluation factors.

8. All transmittal envelopes or other packaging shall be clearly marked with the solicitation number and title, Offeror(s) name and return address.

9. All proposals should be mailed by fastest traceable means (i.e. FedEx, UPS, Airborne Express, etc.) to avoid delays by USPS.

10. The Offeror shall submit one (1) sealed original Phase I offer and one (1) electronic copy to the office of Matthew R. Whisman, Contracting Officer, Department of Veterans Affairs, Lexington VA Medical Center by the date and time shown on the SF 1442.

11. Electronic Copy: Offerors shall include one copy of everything being submitted in paper to be also submitted on a CD. This CD shall be submitted at the same time and along with the paper copy and use MS Word, PDF and Excel format files only. If PDF is used, then each Section submitted shall be a separate file. For example all required licenses must be one file, the technical proposal must be another file, and therefore there shall be more than one PDF file on the CD. The CD shall be clearly labeled with the solicitation number and Offeror’s name. The electronic version of Volume I and Volume II is due by the date and time shown on the SF 1442. In case of conflict between the paper copy and the electronic copy of the proposals submitted, the paper copy shall take precedence.

Postal Address/Courier Address:

Matthew R. Whisman Department of Veterans Affairs Network Contracting Officer (NCO) 9 2250 Leestown road Lexington, KY 40511

A.5 Phase I Evaluation Factors Phase I of this procurement will result in a narrowing of offerors to a maximum of three (3) firms (unless the contracting officer determines that a number greater than three (3) is in the Government’s interest and is consistent with the purposes and objectives of this two-phase design build project) based on the following technical evaluation factors:

Factor 1: Corporate Experience

a. Subfactor 1A: Project Experience

b. Subfactor 1B: Personnel Experience Factor 2: Technical Approach Factor 3: Past Performance A.6 Order of Importance for Phase I Technical Factors Phase I Technical Factors 1, 2, and 3 are equal in importance.

A.7 Selection Selection of Phase II participants may be made without discussions.

B. PHASE II REQUEST FOR PROPOSALS (RFP)

B.1 Phase II Submission Requirements Phase II proposals will be accepted and considered for award of a firm-fixed price contract. Submitted proposals that do not meet the following instructions may be determined to be nonresponsive and not considered for an award.

1. Offerors are required to submit one (1) original and one (1) copy of their technical proposal and one (1) copy of their price proposal.

2. Proposals will be submitted in two separately bound volumes.

a. Volume 1 shall be the Technical Solution/Construction Management/Schedule proposal (maximum 60 pages); and

b. Volume 2 shall be the price proposal (maximum 20 pages).

3. Proposals will be identified with the following information.

a. Solicitation Number

b. Solicitation Title

c. Contractor Name, with POC contact information; name, telephone number and email address.

d. Contractor DUNs

e. Volume Number (1 or 2);

f. Volume Title (Technical Solution/Construction Management/Schedule or Price Proposal)

5. Proposals shall be spiral bound (no 3-ring binders).

6. The proposal shall not exceed the number of pages identified in the table below. A page is considered to be one side of an 8-1/2 x 11 inch sheet of paper.

7. Proposals shall contain all applicable information as required by the evaluation factors.

8. Documents required: The proposals shall be submitted to the Contracting Officer by the due date and time as specified on the SF 1442 at the address as indicated below. The proposals shall be spiral bound into volumes (Volume I – Technical Solution/Construction Management/Schedule and Volume II – Price) with a cover sheet displaying the RFP number, contractor name and address, contact name, email address and telephone number and an index of the sections of each volume. The volumes shall be submitted in response to this solicitation. Volume I shall consist of the Technical Solution/Construction Management/Schedule Proposal and Volume II shall consist of the signed SF-1442, acknowledgment of all amendments, S02-Price Schedule Worksheet and bid guarantee.

An electronic version of Volume I and Volume II shall be delivered to the Contracting Officer on a compact disk (CD). The CD shall be clearly labeled with the solicitation number and Offeror’s name. The electronic version of Volume I and Volume II is due by the date and time shown on the SF 1442.

9. All transmittal envelopes or other packaging shall be clearly marked with the solicitation number, Offeror(s) name and return address.

10. All proposals should be mailed by fastest traceable means (i.e. FedEx, UPS, Airborne Express, etc.).

11. The Offeror shall submit one (1) sealed original offer (Volumes I & II), and one (1) copy of their Technical Solution/Construction Management/Schedule proposal (Volume I) and one (1) copy of the Price Proposal (Volume II) to the office of Matthew R. Whisman, Contracting Officer, Department of Veterans Affairs, Network Contract Office (NCO) 9 by the date and time shown on the SF 1442.

12. Electronic Copy, Offerors shall include one copy of everything being submitted in paper to be also submitted on a CD. This CD shall be submitted at the same time and along with the paper copy and use MS Word, PDF and Excel format files only. If PDF is used then each Section submitted shall be a separate file. For example, all required licenses must be one file, the technical proposal must be another file, and therefore there shall be more than one PDF file on the CD.

Postal Address/Courier Address:

Matthew R. Whisman Department of Veterans Affairs Network Contract Office (NCO) 9 2250 Leestown Road Lexington, KY 40511

Phase II Proposal Page Limitations

Tab
Description
Total Page Limit**
Factor 4
Technical Solution
15
Factor 5
Construction Management

a. Subfactor 5A: Ability to Staff Project

b. Subfactor 5B: Management Approach

c. Subfactor 5C: Capability to Perform

Factor 6
Schedule
15
Factor 7
Price
15

**NOTE: Cover pages, copies of professional licenses and index pages do not count towards page limitations. Except for as noted, the Government will not review any information that exceeds the page limitation, including attachments, enclosures, charts, etc. For instance, if the total page limitation is 15 pages, the Government will only review 15 pages. Information submitted on the 16th page and beyond will not be reviewed.

B.2 Order of Importance for Phase II Factors All Phase II Factors are equal in importance.

B.3 Basis of Award The Government intends to award without discussions the proposal offering the Best Value to the Government. Award will be made on a Best Value trade off basis where all evaluation factors other than cost or price, when combined, are more important than cost or price. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

C. EVALUATION FACTORS

C.1 Technical Proposal Requirements.

The proposal shall address the following evaluation factors during a 2 phase procurement process for Design Build.

C.2 Phase 1 Individual Evaluation:

Only the top three (3) ranking Offerors will be selected to submit Phase 2 proposals. For Phase 1, each evaluation factor is equal in importance. The Phase 1 evaluation will be conducted using the following factors:

Factor 1: Corporate Experience: – Factor 1 consists of two Subfactors: 1A, Corporate Project Experience and 1B, Personnel Experience. The evaluation of Subfactors 1A and 1B are of equal importance to the determination of Factor 1 rating.

Subfactor 1A: Project Experience:

Submission Requirements: Submit a maximum of three (3) completed construction projects within the last five (5) years by a Design Build contract and/or contract similar in size ($1,000,000 - $2,000,000) and scope to this project. (Design Build as defined by the VA). The Offeror shall demonstrate their experience on relevant Design/Build and projects that are similar in size, scope, and complexity to the RFP. Scoring will be more favorable if both criteria are met. Indicate the number of design/build projects construction contractor and AE have completed together. In describing project design and construction experience, provide the following information:

a) Project title, location and brief description including the building use and contracting method (design build/design bid construct).

b) Project owner, owner’s point of contact and telephone number of owner’s contact person.

c) Project Design Architect and Engineers (consultants if utilized) and name and telephone number of contact person(s).

d) Project Prime Contractor and Major Subcontractors and name and telephone number of contact person(s). Note each firm and managing persons (project manager/superintendent/foreman as the case may be) also proposed for this solicitation.

e) Project Statistics including start and completion dates (original vs. actual) for design and construction; cost (with brief explanation of what is included in the cost); square footage; foundation type; number of levels; and any awards (prizes) received.

Subfactor 1B: Project Personnel Experience (Specialized experience and technical competence):

Submission Requirements: The Offeror shall demonstrate the relevant experience of key project personnel who will be assigned to this project.

a) Biographical data shall include the following:

i. Name of individual.

ii. Company employed by.

iii. Company position title.

iv. Years with the company.

v. Describe work experience with projects that were completed by the design build process, were medical facilities and the company (by name) they worked for when involved in the project.

vi. An indication of which (if any) projects submitted under Corporate Experience (above) the individual participated in and what the individuals responsibility was for that project.

vii. An indication of which other individuals submitted under Project Personnel Experience this individual has worked with and the project they worked on together, noting if that project has been submitted under Factor 1, Subfactor 1A, Corporate Experience.

b) Supply this biographical data for key personnel for at least the following: (Note if one individual is proposed for more than one position listed):

i. Overall Senior Project Manager

ii. Design Project Manager

iii. Construction Project Manager.

iv. Architect/Engineer Field Representative.

v. Construction Superintendent

Factor 2: Technical Approach: Provide a brief narrative describing the Offeror’s method to manage the project to achieve design and construction design objectives as described in the RFP. Include at minimum all aspects covered in to scope of work. The following shall be Included in the narrative:

1) Design Approach: Describe the techniques and methods for an efficient, effective design to include interface and coordination with the existing building systems.

2) Construction Approach: Describe the techniques and methods for this phased construction project to include coordination with the design packages, the synchronization of phases, and integration with the existing building systems.

Factor 3: Past Performance – Contact persons supplied for Phase 1, Subfactor 1A - Corporate Project Experience projects will be contacted by the Evaluation Panel and asked the questions listed below at 3.a.1)–3) and 3.b.1)– 4). The contact's responses will be scored based on the following elements with projects participated in by the Prime (Construction Contractor and Architect firm) being weighted more heavily than projects participated in by consultants, sub contractors and individuals. If Offeror has PPIRS reports, printed copies of these reports shall be submitted for this factor and included on the CD’s.

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