36C24920R0049_1.pdf
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- Solicitation number
- 36C24920R0049
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This solicitation is for construction services to upgrade surgical suite air handling units at the Tennessee Valley Healthcare System VA Medical Center in Nashville, Tennessee. The contractor will demolish and construct new HVAC systems including air handling units over a 365-day period. The low bidder meeting technical requirements will be awarded a firm-fixed-price contract. The work is set aside for Service-Disabled Veteran-Owned Small Businesses. Offerors must demonstrate experience with mechanical construction projects and replacing HVAC equipment. The technical evaluation will consider construction management approach and past performance. Pricing will be evaluated for reasonableness against the government estimate.
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1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION 3. DATE ISSUED PAGE OF PAGES
4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER
7. ISSUED BY CODE 8. ADDRESS OFFER TO
a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES," indicate within how many calendar days after award in Item 12B.)
12b. CALENDAR DAYS
13. ADDITIONAL SOLICITATION REQUIREMENTS:
STANDARD FORM 1442 (REV. 8/2014) STANDARD FORM 1442
Prescribed by GSA-FAR (48 CFR) 52.236-1(d)
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
SOLICITATION SOLICITATION
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
9. FOR INFORMATION
CALL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SEALED BID (IFB)
NEGOTIATED (RFP)
11. The Contractor shall begin performance within ____________ calendar days and complete it within ____________ calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See _____________________________).
YES NO
a. Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.
b. An offer guarantee is, is not required.
c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
d. Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
36C24920R0049
X
06-05-2020
TBD 626-20-2-4263-0029
626-18-202
90C
Department of Veterans Affairs Network Contracting Office (NCO) 9 1639 Medical Center Parkway Suite 400 Murfreesboro TN 37129
Department of Veterans Affairs Network Contracting Office (NCO) 9 Teresa Rogofsky, Contracting Officer 1639 Medical Center Parkway, Suite 400 Murfreesboro TN 3712940206
Dewayne Knowles 615-225-5633
Project 626-18-202, Tennessee Valley Healthcare System, Nashville Campus VAMC, 1310 24th Ave.,S., Nashville, TN 37212.
The TVHS Nashville Campus, VAMC has a requirement for construction services for a contractor to prepare site for building operations, including demolition and removal of existing structures, and furnish labor and materials and perform work for the upgrade of surgical suite air handling units. The contractor shall provide all resources necessary to accomplish and furnish all labor, material, equipment, transportation, and expert supervision necessary for this project in accordance with the Statement of Work, Project Specifications and Drawings. Work includes construction, demolition, reconstruction of the interior walls within the project boundaries. The project will include new construction, including, but is not limited to: general construction, structural, mechanical, plumbing, electrical, fire alarm, low voltage controls, programming, infection control measures, and necessary removal of existing structures and construction and certain other items.
NAICS code 238220 is applicable to this project. The small business size standard is $16.5M.
The Project Magnitude is between $1,000,000.00 and $5,000,000.00.
See FAR 52.236-27 in section B of this solicitation for the date and time for the organized 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 Contract Specialist (CS) Dewayne Knowles at Dewayne.Knowles@va.gov & Contracting Officer (CO)-Teresa Rogofsky at Teresa.Rogofsky@va.gov. RFI's must be specific in identifying section, paragraph and page number and must be in a question format. All RFI's submitted shall include the Project Number and Title, Contractor Name, City, State, Telephone, Email Address, Date submitted and RFI question(s).
No questions received after 11:00pm EST, June 19, 2020 will be answered unless it is determined to be in the best interest of the Government as deemed by the CO. Telephone requests for information will not be accepted.
In accordance with P.L. 109-461, this acquisition is 100% set-aside for Service-Disabled Veteran-Owned Small Business (SDVOSB) concerns. In order to be eligible to receive an award under this solicitation, the SDVOSB contractor must be listed and viewable in the Vetbiz Registry located at www.vip.vetbiz.gov. The Vetbiz listing will be checked both at the time of offer submission, as well as prior to award. Offerors are advised that the fast-track re-verification prog-ram ended September 30, 2012. Consequently, Offerors in "reverification" status will not be eligible to submit offers for this project. In accordance with FAR 52.204-7, System for Award Management (SAM), all prospective offerors must have an active SAM's registration at the time of offer submission.
This project will be procured in accordance to Federal Acquisition Regulation (FAR) Part 15.101-2 as a "Lowest Price Tech-nically Acceptable" source selection. The evaluation factors and sub-factors that will be used in this procurement can be found under the section entitled "Instructions, Conditions & Other Statements To Bidders/Offerors"
10 365
X 52.211-10
X 10
1 electronic(CD) 9:00AM EST
07-09-2020
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: ____________________________
The Offeror must provide a bid/offer response to the base offer as well as alternate deduct. Failure to do so will result in a rejection of the offer.
626-3600162-4263-854200-3220 23NR8JA17
90C
Department of Veterans Affairs Network Contracting Office (NCO) 9 Teresa Rogofsky, CO 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
Teresa Rogofsky Contracting Officer
Table of Contents
PART I - THE SCHEDULE
SECTION A - SOLICITATION/CONTRACT FORM
A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)
A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION,
ALTERATION, OR REPAIR)– BACK
INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS
STATEMENT OF WORK
EVALUATION OF OFFERS
1.1 52.228-1 BID GUARANTEE (SEP 1996)
1.2 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)
1.3 SUPPLEMENTAL INSURANCE REQUIREMENTS
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS
2.1 52.216-1 TYPE OF CONTRACT (APR 1984)
2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE
OF THE WORK (MAY 2014)
2.3 52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER TRADE
AGREEMENTS (OCT 2016)
2.4 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION
MATERIALS UNDER TRADE AGREEMENTS (MAY 2014)
2.5 52.233-2 SERVICE OF PROTEST (SEP 2006)
2.6 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)
2.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE
(FEB 1998)
2.8 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)
2.9 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND
VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)
2.10 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION
(SEP 2018)
2.11 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (SEP 2018)
2.12 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT
(SEP 2019)
2.13 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN
2008)
REPRESENTATIONS AND CERTIFICATIONS
3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (NOV 2017)
3.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
3.3 52.209-13 VIOLATION OF ARMS CONTROLS TREATIES OR AGREEMENTS—
CERTIFICATION (JUN 2018)
3.4 52.211-6 BRAND NAME OR EQUAL (AUG 1999)
GENERAL CONDITIONS
4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND
CERTIFICATIONS (DEC 2014)
4.2 52.208-9 CONTRACTOR USE OF MANDATORY SOURCES OF SUPPLY OR
SERVICES (MAY 2014)
4.3 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING
RESPONSIBILITY MATTERS (OCT 2018)
4.4 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK
(APR 1984) ALTERNATE I (APR 1984)
4.5 52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (SEPT 2000)
4.6 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION
(JUL 2013)
4.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
4.8 VAAR 852.236-90 RESTRICTION ON SUBMISSION AND USE OF EQUAL
PRODUCTS (NOV 1986)
4.9 52.223-1 BIOBASED PRODUCT CERTIFICATION (MAY 2012)
4.10 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)
4.11 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT-CONSTRUCTION
MATERIALS (MAY 2014)
4.12 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (NOV 2017)
4.13 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)
4.14 VAAR 852.211-73 BRAND NAME OR EQUAL (NOV 2018)
4.15 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-
OWNED SMALL BUSINESS SET-ASIDE (JUL 2016) (DEVIATION)
4.16 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING
AND COMPLIANCE (JUL 2018)
4.17 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)
4.18 VAAR 852.232-71 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION
CONTRACTS (INCLUDING NAS– CPM) (NOV 2018)
4.19 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS
(NOV 2018)
4.20 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION
(JUL 2002)
4.21 VAAR 852.236-74 INSPECTION OF CONSTRUCTION (JUL 2002)
4.22 VAAR 852.236-76 CORRESPONDENCE (APR 1984)
4.23 VAAR 852.236-77 REFERENCE TO "STANDARDS" (JUL 2002)
4.24 VAAR 852.236-78 GOVERNMENT SUPERVISION (APR 1984)
4.25 VAAR 852.236-79 DAILY REPORT OF WORKERS AND MATERIAL (APR 1984)
4.26 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 1984)
ALTERNATE I (JUL 2002)
ADDITIONAL REQUIREMENTS FOR BAR CHART SCHEDULE
4.27 VAAR 852.236-85 SUPPLEMENTARY LABOR STANDARDS PROVISIONS (APR
1984)
4.28 VAAR 852.236-86 WORKER'S COMPENSATION (JAN 2008)
4.29 VAAR 852.236-87 ACCIDENT PREVENTION (SEP 1993)
4.30 VAAR 852.236-88 CONTRACT CHANGES--SUPPLEMENT (JUL 2002)
4.31 VAAR 852.236-89 BUY AMERICAN ACT (JAN 2008) ALTERNATE I (JAN 2008)
4.32 MANDATORY WRITTEN DISCLOSURES
ATTACHMENTS
Specifications - 626-18-202 Upgrade Surg Ste AHUs Vol1 Div_00-13 Specifications - 626-18-202 Upgrade Surg Ste AHUs Vol2 Div_23-26 Drawings - 626-18-202 Upgrade Surgical Suite Air Handling Units Bid drawings General Decision Number TN20200083 02_28_2020 Price Schedule - Project 626-18-202 Past Performance Questionnaire
INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE
AND BONDS
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.
The Government intends to award a single contract to a qualified Service Disabled Veteran Owned Small Business (SDVOSB) determined responsible in accordance with the Federal Acquisition Regulation (FAR), whose proposal conforms to all the requirements in this solicitation, and is further determined to meet or exceed the standards of acceptability at the lowest offered price. The Government intends to evaluate proposals and award a contract without discussions with Offerors. Therefore, the Offeror’s initial proposal should contain the Offeror’s best terms from both a technical and cost standpoint.
The evaluation of offers submitted in response to this Request for Proposal (RFP) solicitation will be conducted utilizing the Lowest Price Technically Acceptable (LPTA) selection process.
Utilization of this source selection process may result in not all offers being evaluated. The Contracting Officer upon receipt of offers, will determine eligibility and compliance to the solicitation requirements. The Vendor Information Pages (vetbiz registry) will be checked to ensure that any offeror submitting a proposal to perform the work is both listed and verified. All proposals received will also be checked for an active registration in the System for Award Management (SAM). Thereafter, the Contracting Officer will review all proposals to ensure that the minimum proposal submission requirements have been met. Once these requirements have been satisfied, the Contracting Officer will select and submit for review to the Technical Evaluation Board (TEB) the technical proposal of the lowest priced offeror for consideration. Initially, the TEB will not receive any pricing information, only the technical portion of the offeror’s proposal.
The offeror’s proposal will be rated against each evaluation factor as set forth in this solicitation.
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. 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 626-18-202)
6. VA Project Name (Upgrade Surgical Suite Air Handing Units)
7. Solicitation number (36C24920R0049)
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.
STATEMENT OF WORK
A. GENERAL INFORMATION:
The contractor shall furnish all labor, material, equipment and supervision necessary to accomplish the work for Project# 626-18-202, Upgrade Surgical Suite Air Handling Units at the Tennessee Valley Healthcare System, VA Medical Center, 1310 24th Ave., S., Nashville, TN 37212 in accordance with the specifications and drawings titled “Upgrade Surgical Suite Air Handling Units.”
B. SUPPORTING INFORMATION:
1. Place of Performance: Tennessee Valley Healthcare System (TVHS), VA Medical
Center, 1310 24th Ave., S., Nashville, TN 37212.
2. Scheduling: Normal working hours are Monday thru Friday from 7 a.m. to 3:30 p.m.
Contractor shall also be required to work nights and weekends to perform work to maintain functionality of affected areas and minimize disruptions to TVHS Nashville VA Medical Center operations. Weekend and evening work shall be identified on the project schedule submitted by the contractor and approved by the Contracting Officer’s Representative (COR) before work begins.
National holidays observed by the Federal Government are as follows:
New Year's Day January 1st Martin Luther King's Birthday 3rd Monday in January President's Day 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4th Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veterans Day November 11th Thanksgiving Day 4th Thursday in November Christmas Day December 25th
C. BID ITEM(S):
1. ITEM I. BASE BID
Period of Performance: 365 calendar days from the issuance of the Notice to Proceed.
Work includes demolition and new construction, including, but is not limited to: general construction, structural, mechanical, plumbing, electrical, fire alarm, low voltage controls, programming, infection control measures, and necessary removal of existing structures and construction and certain other items. The contractor shall provide all tools, labor, material, equipment, and supervision necessary to perform all work as required by the contract bid documents for project 626-18-202, Upgrade Surgical Suite Air Handling Units.
2. Bid Deduct Alternate #1:
Period of Performance: 365 calendar days from the issuance of the Notice to Proceed.
Everything in Bid Item #1, except delete all work related to operating rooms in its entirety (Drawings M401 and M402), beginning downstream of new Variable Air Volume (VAV) boxes. The VAV boxes serving these rooms shall still be replaced.
EVALUATION OF OFFERS
All proposals are not guaranteed to be evaluated. Only the lowest evaluated price proposal will be evaluated first for acceptability and if found to be technically acceptable, then award will be made, and no further evaluation of proposals will occur. If the lowest evaluated price is found to be technically unacceptable, then the next lowest price Offeror’s proposal will be evaluated until an award can be made.
Once the minimum requirements are established, the team shall evaluate the Offeror’s proposal against these requirements to determine whether the proposal is rated as “ACCEPTABLE” or “UNACCEPTABLE”, using the ratings and descriptions outlined in the below table.
Technical Acceptable/Unacceptable Evaluation Ratings Rating Description ACCEPTABLE Based on the Offeror’s proposal, the
Information provided clearly meets the minimum standards of the solicitation.
UNACCEPTABLE Based on the Offeror’s proposal, the Information provided does not meet the minimum standards of the solicitation.
RATING FOR PAST PERFORAMNCE
A. Past performance shall be used as an evaluation factor within the LPTA process. It shall be evaluated in accordance with FAR 15.305. However, the comparative assessment in FAR 15.305(a)(2)(i) does not apply to LPTA. Therefore, past performance will be rated on an “ACCEPTABLE” or “UNACCEPTABLE” basis using the ratings in table below.
B. 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
Past Performance Evaluation Ratings Rating Description ACCEPTABLE Based on the Offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the Offeror’s performance record is unknown. (See note below.)
UNACCEPTABLE Based on the Offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.
government may also obtain past performance information through the Past Performance Information Retrieval System (PPIRS) other sources known to the Government.
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 purpose of the technical factor is to assess whether the Offeror’s proposal will satisfy the Government’s minimum requirements. Some of the aspects affecting an Offeror’s ability to meet the solicitation requirements may include meeting the standards of acceptability in regard to technical approach, key personnel and qualifications.
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 key 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 – Experience: The Contractor shall list a minimum of three (3) projects completed over the past three (5) years demonstrating the experience among the key personnel in the removal and installation of heating, cooling and ventilation systems, air-conditioning systems, chillers, plumbing, piping, variable speed drives (VSD) and variable speed controls (VSC). Contractor shall list two completed projects over the past three years with a dollar magnitude of $500,000.00 or greater. The tasks associated with this project work is listed under the NAICS 238220 or Product Service Code (PSC)
Z1NB.
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. Project information must be complete to include name and contact information on individual providing reference.
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 complex mechanical construction or experience managing multiple (3 or more) trades.
Standard for Acceptability: Project manager and the on-site superintendent must have a minimum of five (5) or more years of experience managing mechanical construction and/or construction managing hospital construction involving three or more trades.
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 & Construction Quality 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 365 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 primarily that involved the demolition and installation of Heating Ventilation & Air- Conditioning (HVAC), Air-Handling Units (AHU), Boiler systems, water -treatment systems, plumbing, controls, variable speed drives, etc. where the project magnitude was $1,000,000.00 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 Teresa.
Rogofsky@va.gov and Dewayne.Knowles@ va.gov by 12:00PM, CST on Tuesday, June 30, 2020.
Standard for Acceptability: This factor is met when up to three (3) past performance questionnaires that the offeror has worked with in the past five (5) 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.
mailto:Rogofsky@va.gov
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 Acceptable or Unacceptable. 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.
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 Percent (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 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION
(JAN 1997)
(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.
(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective—
(1) For such period as the laws of the State in which this contract is to be performed prescribe; or
(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.
(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance and shall make copies available to the Contracting Officer upon request.
(End of Clause)
1.3 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 employer’s 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
2.1 52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.
(End of Provision)
2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—
SECONDARY SITE OF THE WORK (MAY 2014)
(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.
(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.
(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.
(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.
(End of Provision)
FAR
Number
Title Date
52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION
TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR
CONSTRUCTION
FEB 1999
2.3 52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER
TRADE AGREEMENTS (OCT 2016)
(a) Definitions. As used in this clause—
"Caribbean Basin country construction material" means a construction material that—
(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or
(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.
"Commercially available off-the-shelf (COTS) item"— (1) Means any item of supply (including construction material) that is—
(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
"Component" means an article, material, or supply incorporated directly into a construction material.
"Construction material" means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies.
However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.
"Cost of components" means—
(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.
"Designated country" means any of the following countries:
(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom);
(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);
(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or
(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).
"Designated country construction material" means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material.
"Domestic construction material" means—
(1) An unmanufactured construction material mined or produced in the United States;
(2) A construction material manufactured in the United States, if—
(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which non-availability determinations have been made are treated as domestic;
or
(ii) The construction material is a COTS item.
"Foreign construction material" means a construction material other than a domestic construction material.
"Free Trade Agreement country construction material" means a construction material that—
(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country;
or
(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed.
"Least developed country construction material" means a construction material that—
(1) Is wholly the growth, product, or manufacture of a least developed country; or
(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.
"United States" means the 50 States, the District of Columbia, and outlying areas.
"WTO GPA country construction material" means a construction material that—
(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or
(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.
(b) Construction materials.
(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American restrictions are waived for designated country construction materials.
(2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.
(3) The requirement in paragraph (b)(2) of this clause does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:
(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Government determines that—
(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the restrictions of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;
(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or
(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.
(c) Request for determination of inapplicability of the Buy American statute.
(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including—
(A) A description of the foreign and domestic construction materials;
(B) Unit of measure;
(C) Quantity;
(D) Price;
(E) Time of delivery or availability;
(F) Location of the construction project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.
(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).
(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.
(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause.
(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.
(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:
Foreign and Domestic Construction Materials Price Comparison
Construction Material Description
Unit of Measure
Quantity Price (Dollars)*
Item 1:
Foreign Construction Material
Domestic Construction
Item 2:
Foreign Construction
Domestic Construction
[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]
[Include other applicable supporting information.]
[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]
(End of Clause)
2.4 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—
CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014)
(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "designated country 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 Under Trade Agreements" (Federal Acquisition Regulation (FAR) clause 52.225-11).
(b) Requests for determination 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 FAR clause 52.225-11 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 materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.
(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 construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11,…
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