S02-Solicitation No. 36C24921R0048 (Minor Project 614-321) -FINAL-Posted 01.21.2021.pdf

Minor Project #614-321 Solicitation Number #36C24921R0048 Construct Spinal Cord Injury Disorder (SCI/D) Outpatient Addition-North Memphis VA Medical Center

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.

1 66

36C24921R0048

X

614-21-3-950-0001

614-321

90C

Department of Veterans Affairs

Network Contracting Office 9

1639 Medical Center Parkway

Suite 400

Murfreesboro TN 37129

Department of Veterans Affairs

Network Contracting Office (NCO) 9

1639 Medical Center Parkway, Ste 400 c/o: Roxie Ann Keese, CO

Murfreesboro TN 37129

Roxie Ann Keese 615.873.6341

Minor Project #614-321, Construct Spinal Cord Injury Disorder (SCI/D) Outpatient Addition-North

1030 Jefferson Avenue

Memphis, TN 38104

NAICS Code 236220 is applicable to this project. The smallbusiness size standard is $39.5M. The PSC is Y1DB.

This is a 100% set-aside for Service-Disabled Veteran Owned Small Business (SDVOSB) concerns under the authority of

38 U.S.C. 8127 (d). To be eligible for award the contractor must be listed and have an active viewing in the Vendor

Information Pages at https://vip.vetbiz.va.gov/. All offers submitted will be check at the time of offer submission, as at time of award. In addition, all offers must havean active listing in the System for Award Management (SAM) website located at https://sam.gov. All veteran owned businesses must also provide evidence of VETS 4212 enrollment and the must provide evidence of the company's Experience Modifiation Rating (EMR) provided on the letterhead of its insurance company. The System for Award Management & the Vendor Information Portal will be check at the time of offer and prior to award.

An organized site visit is planned for this procurement. Additional information on the site visit may be found on page

20 of this solicitation documents.

Questions/Request for Information (RFI) must be submitted in writing to the Contracting Officer. The solicitation number project number, project name shall be in the subject line of the email. RFI's must be chrnonologically ordered and references a specific statement, section, drawing relative to the solicitation document.

The last day to submit questions/RFI's relative to this soliciatiom is Monday February 8, 2020 at 2:00pm Eastern Time.

This project is being procured in accordance with Federal Acquisition Regulation (FAR) Part 15 as a Lowest Price

Technically Acceptable " source selection process, and in accordance with FAR 36.2 "Special Aspects of Contracting For

Construction". Additional information may be found under the section heading titled "

The magnitude of the estimated range of construction is between $5,000,000.00 and $10,000,000.00.

Ten (10) 540

X X 52.211-10

X 10 calendar days

1 Compact Disc February 26, 2021

1300 hours ET

X

Jan 21, 2021

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

614-3610162-5542-854200-3220 23NR9JA08

90C

Department of Veterans Affairs

Network Contracting Office - 9

1639 Medical Center Parkway, Ste 400 c/o: Roxie Ann Keese, CO

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

Roxie Ann Keese

VA-VHA-2020-11BF2E0E

Table of Contents

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

2.1 52.228-1 BID GUARANTEE (SEP 1996)

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 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE

EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

2.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

2.5 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

2.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

2.7 52.215-1 INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITION (JAN

2017)

2.8 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND

VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)

2.9 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020) ..26

3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

3.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

3.4 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—

CERTIFICATION (JUL 2020)

GENERAL CONDITIONS

4.1 52.203-14 DISPLAY OF HOTLINE POSTER(S) (JUN 2020)

4.2 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

4.3 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE,

AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER

COVERED ENTITIES (JUL 2018)

4.4 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (OCT 2018)

4.5 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984) ALTERNATE I (APR 1984)

4.6 52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (SEPT 2000)

4.7 52.211-13 TIME EXTENSIONS (SEPT 2000)

4.8 52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER TRADE

AGREEMENTS (OCT 2019) ALTERNATE I (MAY 2014)

4.9 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION

MATERIALS UNDER TRADE AGREEMENTS (MAY 2014) ALTERNATE I (MAY 2014)

AND ALTERNATE II (JUN 2009)

4.10 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(MAY 2020)

4.11 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)

4.12 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL

LABOR RELATIONS ACT (DEC 2010)

4.13 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER

SERVICE AND CONSTRUCTION CONTRACTS (SEP 2013)

4.14 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT

FOR EPA-DESIGNATED ITEMS (MAY 2008)

4.15 SUPPLEMENTAL INSURANCE REQUIREMENTS

4.16 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

4.17 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

4.18 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)

4.19 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

4.20 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

4.21 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(APR 2019)

4.22 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019)

4.23 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019)

ALTERNATE I (APR 2019)

4.24 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT

ADMINISTRATION (APR 2019)

4.25 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT

(SEP 2019)

4.26 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN

2008)

4.27 MANDATORY WRITTEN DISCLOSURES

ATTACHMENTS

P07-General Wage Decision (Shelby County-TN) 02282020 02.

Memphis Building 7 SCID Outpatient Addition BD Specifications 201013.

Memphis Building 7 SCID Outpatient Addition BD Drawings 201013.

Listing (GFP)-Detailed on Drawing.

P01-(physical data) Geotech Report-Minor Project 614-321

STATEMENT OF WORK

A. GENERAL INFORMATION

1. Title of Project: 614-321 Construct Building 7 SCI/D Outpatient Addition North

2. Scope of Work: The contractor shall provide all necessary tools, labor, materials, equipment, permits, license, supervision, and quality control to Construct Building 7

SCI/D Outpatient Addition North at the Department of Veterans Affairs Medical Center in

Memphis TN, in accordance with the drawings and specifications.

Contractor to prepare site for new building operations, including demolition and removal of existing structures, furnish labor and materials, and perform work to renovate approximately 9,850 square feet in existing Building 7 and provide a two-story, 8,000 building gross square feet (BGSF) addition (4,000 BGSF per floor) at the Memphis VA

Medical Center in Memphis, TN. Work includes new chiller and cooling tower, delivery of new heating, ventilation, air-conditioning (HVAC), and electrical utilities via pipe basement, and asbestos / lead-based abatement.

3. Background: This project will construct an approximately 8,000 gross square feet addition to Building 7 and renovate approximately 9,850 gross square feet. The addition will be to the A-wing north and east of the building on the 1st and 2nd floors. Grade level is at the 2nd floor. Functions affected by the project include Spinal Cord Injury and

Disorder (SCI/D) Outpatient Clinic, SCI/D Pharmacy SCI/D Administration, Simulation

Laboratory, and the National Paralyzed Veterans of America (PVA) Offices. The relocation of these services will create vacant space that will be utilized by future construction and renovation.

4. Performance Period: The contractor shall complete the work required under this

SOW in a total of 540 calendar days or less from date of Notice to Proceed, unless otherwise directed by the Contracting Officer (CO). If the contractor proposes an earlier completion date, and the Government accepts the contractor’s proposal, the contractor’s proposed completion date shall prevail.

B. CONTRACT AWARD MEETING

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

C. GENERAL REQUIREMENTS

1. Base Offer# 1: The contractor shall provide all necessary tools, labor, material, equipment, permits, license, and supervision for "Construct Building 7 SCI/D Outpatient

Addition North," Project 614-321, located at the Memphis VA Medical Center in

Memphis, Tennessee, in accordance with the drawings and specifications. Work includes, but is not limited to, general demolition, construction, plumbing, HVAC, electrical and fire protection.

Deduct Alternate 1: Perform all work as stated in Base Offer #1, except remove skylight and associated work.

Deduct Alternate 2: Perform all work as stated in Deduct Alternate 1, except remove modular furniture and associated work.

Deduct Alternate 3: Perform all work as stated in Deduct Alternate 2, except remove

SCI Admin and associated spaces. See Drawing Sheet AE020 for details.

Deduct Alternate 4: Perform all work as stated in Deduct Alternate 3 except remove

SIM Lab and associated spaces. See Drawing Sheet AE021 for details.

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: Submittals

Deliverable One: Provide submittals in PDF for AE and VA review. Allow 21 calendar days of to complete each review of each submittal.

Task Two: Work performance.

Deliverable Two: Provide completed work that is fully inspected, punch list completed, and closeout documentation provided.

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.

F. 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 to be submitted daily to COR and CO daily.

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

Travel is not applicable to this work.

J. GOVERNMENT RESPONSIBILITIES

The Government will NOT provide any other service outside applicable drawings, specifications, and Statement of work.

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. SECURITY AND CONFIDENTIALITY

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.

4. Employees shall not be on site without appropriate badge. Employees are responsible for reporting to the Engineering office with acceptable photo ID to obtain a badge.

The Engineering office is located in room AEG19 on the Ground Floor of Building 1. A 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.

5. No photography or video recording of VA premises is allowed without prior authorization.

6. VA issued keys are to remain on VA property. Keys that are checked out from the

Engineering Office shall be returned each day.

7. Contract Security Requirements

8. The contractor 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.

9. All paper waste or electronic media such as CD’s and diskettes shall be shredded and destroyed in a manner acceptable to the VA.

10. Privacy – VA Mandatory Training

• VA Privacy Training for employees with access to VA computer systems or

VA sensitive information.

• 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.

• VA Privacy Training for employees without access to VA computer systems or VA sensitive information.

• 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.

• Each employee self-enrolls for a profile on the VA TMS by visiting (see

Project COR for the correct link to TMS training). 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.

• Provide the COR with each employee’s printed certificate of completion from the TMS. This certificate displays the employee’s TMS User ID.

• Training must be completed annually throughout the performance of this contract.

11. VA Information Custodial Language

• 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).

• 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.

• 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.

• The Authorization requirements do not apply, and a Security Accreditation

Package is not required

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.

• Citations to pertinent laws, codes and regulations such as 44 U.S.C. Chapter

21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5

U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

• Contractor shall treat all deliverables under the contract as the property of the

U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

• Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government ‘IT’ equipment and/or

Government records.

• Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

• Contractor shall not create or maintain any records containing any

Government Agency records that are not specifically tied to or authorized by the contract.

• The Government Agency owns the rights to all data/records produced as part of this contract.

• The Government Agency owns the rights to all electronic information

(electronic data, electronic information systems, electronic databases, etc.)

and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

• Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

• No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of

Federal records is subject to the fines and penalties imposed by 18 U.S.C.

2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

• Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under or relating to this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE

AND BONDS

2.1 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, shall 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)

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO

BIDDERS/OFFERORS

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. The next lowest priced Offeror will be submitted to the TEB for evaluation until an acceptable Offeror has been determined. No further evaluation of Offerors will occur once an acceptable Offeror has been determined.

Offerors shall respond in writing to the evaluation factors listed below, in the same order as they appear in this solicitation document. Failure to provide all information will adversely affect the evaluation of an offer. The information contained in the technical proposal should be complete, concise, and address each factor. If information is applicable to more than one evaluation factor, it must be repeated for each factor, unless stated otherwise.

Technical and Price sections of an Offeror’s proposal will be evaluated independently.

Offeror shall separately bind each section. All pages containing text shall be consecutively numbered, type-written on 8-1/2x11 inch paper with margins of at least once inch, and created using a Times New Roman 12-point font. The submitted package should contain two sections, separately bind: a.) Technical Proposal b.) Price

Proposal. The Offeror’s Technical proposal shall be no more than 50 pages total, which is not inclusive of the solicitation and any amendments issued thereof. The Offeror’s

Price Proposal shall be no more than 25 pages inclusive of the bid bonds required. The

Offeror is hereby advised that the “S02-Price Schedule” attached worksheet shall be considered as one page, regardless of the overall total. Each section must therefore be labeled with the following:

1. Construction Company Name

2. Physical Address of the Company

3. Telephone Number

4. Email address

5. VA Project Number (Minor Project 614-321)

6. VA Project Name (Construct SCI/D Outpatient Addition-North)

7. Solicitation number (36C24921R0048)

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 “ACCEPTABLE” or “UNACCEPTABLE” ratings based upon the standard of acceptability that follows each factor/sub-factor below. In order to obtain a

“ACCEPTABLE” rating an offeror must meet or exceed the standard of acceptability that is listed for each factor/sub-factor.

The evaluation process and criteria stated in this section will be strictly adhered to.

Evaluators will make no assumptions regarding an Offeror’s proposal. Therefore, an

Offeror must demonstrate understanding by the thoroughness, soundness, comprehensiveness and price reasonableness of technical approach. There will be no public opening of offers.

The following evaluation factors and sub-factors will apply to this procurement:

Minor Project #614-321, CONSTRUCT SCI/D OUTPATIENT ADDITION-NORTH

The evaluation factors are: 1.) Qualifications, 2.) Technical Approach, Methods & Procedures 3.) Previous Experience 4.) Construction Management 5.) Proposed Construction Schedule 6.) Price

FACTOR 1: Qualifications

1.1 Sub-factor: Licensure

The Prime contractor and/or the subcontractor shall hold a certification under the

National Fire Protection Association (NFPA) as either a Certified Fire Alarm

Specialist, Certified Fire Protection Specialist, Certified Fire Inspector and/or

Certified Fire Plan Examiner. Any offer that does not have proof of NFPA certification at the time of offer submission will be deemed technically unacceptable outright and will not be considered for award.

Standard for Acceptability: This standard is met when the Offeror as the Prime

Contractor or its sub-contractor submits and provides with its offer, evidence of holding a certification under the NFPA.

FACTOR 2: Technical Approach, Methods and Procedures

Provide a narrative on the technical approach, methods and procedures that you intend to use to accomplish the requirements of this project. The offeror shall use their knowledge of the Statement of Work, project specifications, project drawings and site visit in detailing their approach from start to finish.

Standard for Acceptability: This standard is met when the Offeror demonstrates a commitment to accomplish all the work in accordance with the solicitation requirements, committing to a realistic means and method, and scheduling.

FACTOR 3: Previous Experience

Contractor must provide technical narrative demonstrating completion of three or more projects involving the upgrade and/or replacement of a Fire Alarm System greater than $1,500,000.00 dollars by the Prime or its sub-contractor over the past five (5) years similar in scope, magnitude and complexity.

For each experience listed, the Offeror shall include project scope, initial award amount, description of the work self-performed, related client identification and contact information, project schedule and delivery dates. Offeror shall also indicate for each project listed, whether or not any changes occurred, and whether these changes were the result of differing site conditions, owner direction, or change initiated by the contractor.

Projects referenced for this factor shall also be used in Factor 4 and are required to be referenced in Sub-Factor(s) 3.1 below.

Standard for Acceptability: This standard is met when the Offeror can provide a technical narrative of construction experience similar in scope, size and magnitude as the subject project, demonstrating the construction renovation, alteration or total replacement of an existing Fire Alarm System.

3.1 Sub-factor: Coordination of Contract Work

Using the one of the projects provided for Factor 3, provide and describe where your company engaged in special coordination of installation timelines so as not to interrupt services or operations of facilities, including required overnight and evening installation.

Standard for Acceptability: This standard is met when the Offeror can provide a narrative of verifiable evidence where the coordination of various and/or multiple trades occurred so as not to interrupt facility or hospital services. The coordination of work must have been performed in one of the projects listed for evaluation factor #3.

FACTOR 4: Construction Management

4.1 Sub-factor: Safety Procedures

Offeror must submit a complete Safety & Infection Control Plan which describes the following:

• methods to be used to ensure that an OSHA certified Competent Person will maintain a presence at the work site whenever work is being done (See General Requirements 010000)

• methods to be used to ensure all workers shall have received the required minimum 10-hour OSHA training (See General Requirements 010000)

• measures to be taken to protect VA Patients, Personnel, Visitors, and the General Public under this contract.

• measures to be taken to provide security to the construction area to protect from theft and vandalism, and unauthorized entry.

• their continuing education program(s) for personnel assigned to perform services under this contract.

• their current insurance Experience Modification Rate and discuss their experience with on-the-job injuries during the last two calendar years.

• knowledge of and experience with the American Society of Healthcare Engineer’s (ASHE) Healthcare Contractor Certification Program.

• familiarity with Healthcare Construction, along with applicable JCAHO standards, AIA guidelines, ASHRAE guidelines, EPA IAQ guidelines, and CDC guidelines.

Standard for Acceptability: This standard is met when the Offeror provides a complete Safety Plan, where the standards listed above have been clearly listed within the plan as submitted.

4.2 Sub-factor: Quality Control & Risk Assessment

Offeror must submit a written plan which:

• demonstrates the ability to complete the project and all requirements within the contract terms and conditions

• demonstrates techniques for maintain quality control for workmanship, material, and work progress

• demonstrates in detail office procedures that ensure all contractual requirements will be completed on time and all written documents and records (e.g., payrolls, daily logs, submittals, insurance certificates, payments, change orders, supplemental agreements, correspondence, etc.) are easily accessible.

• demonstrates techniques for work coordination with Subcontractors.

Describe what is in place to monitor performance of Subcontractors and guarantee performance. Describe how contract requirements flow down to the lowest level of Subcontractor.

• demonstrates in detail a written Risk Assessment on this project to include an understanding of the site conditions and plans to deal with varying elements and factors affecting the work (e.g, weather, local obstacles, public access and other conditions, inflation, cost of fuel, length of contract performance as it relates to offering a firm-fixed-price without the ability to make inflationary adjustments). The Risk Assessment shall include what contingencies are being anticipated and what plans are proposed to address them.

Standard for Acceptability: This standard is met when the Offeror submits a complete Quality Control Plan (QCP).

FACTOR 5: Proposed Construction Schedule

Provide a realistic schedule for this project based on a Notice to Proceed date of

April 1, 2021. Offeror shall demonstrate a detail phasing plan and schedule to accomplish work and minimize disruption to the medical center’s steam distribution system and boiler plant operations. Schedule must include critical paths, indicating all aspects of the work to be performed under this project.

Standard for Acceptability: This standard is met when the Offeror submits a realistic schedule, detailing phasing plan and schedule that shows the work being completed within the period of performance (540 calendar days), with minimal disruption to the medical center’s steam distribution system and boiler plant operations.

FACTOR 6: Price

The proposed price will be reviewed for reasonableness. It may also be reviewed to determine whether it is realistic for the work to be performed and is consistent with the Offeror’s Technical Proposal. Price line items will also be analyzed to determine if unbalanced pricing exists.

Standard for Acceptability: This standard is met when the Offeror submits a price proposal consistent with the Independent Government Estimate; and when analyzed by each price line item, is determined to be consistent with the work required.

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.

2.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO

ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION

(FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action

Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the

Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

Goals for female participation for each trade

32.3 % 6.9 %

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

Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action

Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order

11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for

Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the—

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

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

(3) Estimated dollar amount of the subcontract;

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

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

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

2.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government

Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Roxie Ann Keese Contracting Officer

Hand-Carried Address:

Department of Veterans Affairs:

Network Contracting Office (NCO) 9 1639 Medical Center Parkway, Suite 400 roxie.keese@va.gov Murfreesboro TN 37129

Mailing Address:

Department of Veterans Affairs Network Contracting Office (NCO) 9:

1639 Medical Center Parkway, Suite 400 roxie.keese@va.gov Murfreesboro TN 37129

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

2.5 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I

(FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and

Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for—

Monday February 1, 2021 at 2:00pm Eastern Time

(c) Participants will meet at—

Memphis VA Medical Center Campus: Bed Tower building, room F102

2.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text.