Plumbing Solicitation_36C24921R0062.pdf

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.

36C24921R0062

X

03-26-2021

614-21-4-5565-0007

614-18-106

Department of Veterans Affairs

Network Contracting Office 9 (90C)

NCO 9

1639 Medical Center Parkway, Suite 400

Murfreesboro TN 37129

Department of Veterans Affairs

Network Contracting Office 9 (90C) c/o Matt Durbin, CS

1639 Medical Center Parkway, Suite 400

Murfreesboro TN 37129

Matt Durbin 615-225-4577

Project 614-18-106, Correct Plumbing, Piping, & Fixtures at Memphis VA Medical Center, Memphis, TN 38104

The Memphis VA Medical Center has a requirement for construction services for the contractor to provide all labor, materials, equipment, and supervision required to correct plumbing, piping, and fixtures as stated in this solicitation.

This project includes general construction, electrical, plumbing, and architectural improvements.

Project Specifications and Drawings are provided herein.

NAICS code 236220 with a small business standard of $39.5M applies to this project.

Project magnitude is between $5,000,000.00 and $10,000,000.00.

See FAR 52.236-27 for the date and time of the only organized site visit.

Per current VA and federal regulations, please make sure you wear a face mask during the entire site visit.

To obtain clarifications and/or additional information concerning the contract requirement, specifications and/or drawings, submit a written Request for Information (RFI) via email to Matt Durbin, Contracting Specialist at matthew.durbin@va.gov. RFIs must specifically identify the page number, section, and paragraph and must be formed as a question using the attached RFI form. All RFIs shall include the Project number, project title, contractor name, contact information (city, state, phone, email), date submitted, and RFI question(s).

Questions received after 12:00 CT on April 15, 2021 will not be answered unless it is determined to be in the best interest of the government. Telephone requests will NOT be accepted.

This is a 100% set-aside for Service Disabled Veteran Owned Small Business (SDVOSB) concerns.

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 checked when the offer is submitted and again prior to award

(if applicable). all prospective offerors must have an active SAM's registration at the time of offer submission and at time of award.

This project is procured under FAR 15.101-2 Lowest Price Technically Acceptable. Evaluation Factors are listed in this solicitation.

Submit one (1) electronic copy of proposals before the proposal due date/time in block 13 to matthew.durbin@va.gov.

Submit original hard copy of bid bonds before the proposal due date/time in block 13. Bid bonds must be received by the contract specialist at the address in block 8.

10 588

X X 52.211-10

X

1 electronic 1:00 pm CDT

04-29-2021

X

14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( ) 41 U.S.C. 3304(a) ( )

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY

PHONE: FAX:

28. NEGOTIATED AGREEMENT 29. AWARD Your

Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31a. NAME OF CONTRACTING OFFICER

TO SIGN

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. AWARD DATE

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

(Include ZIP Code) (Include area code)

(Include only if different than Item 14.)

(Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

(Type or print)

(4 copies unless otherwise specified)

(Type or print) (Type or print)

(Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

(Must be fully completed by offeror)

(To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

614-36X0162-5565-854200-3220 23NR8JC08

90C

Network Contracting Office 9

Department of Veterans Affairs c/o Matt Durbin

1639 Medical Center Parkway Suite 400

Murfreesboro TN 37129

90C FSC e-Invoicing 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 Keese, FAC-C Level III, FE-C

VA-VHA-2020-11BF2E0E

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

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 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION

MATERIALS UNDER TRADE AGREEMENTS (MAY 2014) ALTERNATE II (JUN 2009)

2.5 52.228-1 BID GUARANTEE (SEP 1996)

2.6 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE)

(FEB 2021)

2.7 52.233-2 SERVICE OF PROTEST (SEP 2006)

2.8 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

2.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

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

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

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

2.12 VAAR 852.223-70 INSTRUCTIONS TO OFFERORS—SUSTAINABLE

ACQUISITION PLAN (SEP 2019)

2.13 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION (OCT 2018)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020) .. 24

3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 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 (FEB 2021)

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 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(NOV 2020)

4.8 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)

4.9 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL

LABOR RELATIONS ACT (DEC 2010)

4.10 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER

SERVICE AND CONSTRUCTION CONTRACTS (SEP 2013)

4.11 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT

FOR EPA-DESIGNATED ITEMS (MAY 2008)

4.12 SUPPLEMENTAL INSURANCE REQUIREMENTS

4.13 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

4.14 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN

2020)

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

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

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

4.17 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

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

2018)

4.19 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(APR 2019)

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

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

ALTERNATE I (APR 2019)

4.22 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT

ADMINISTRATION (OCT 2020)

4.23 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT

(SEP 2019)

4.24 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN

2008)

4.25 MANDATORY WRITTEN DISCLOSURES

STATEMENT OF WORK

A. GENERAL INFORMATION

1. Title of Project: Correct Plumbing Piping and Replace Fixtures

2. Scope of Work: Contractor shall completely prepare site for building operations, including demolition and removal of existing, and furnish labor and materials and perform work for Plumbing

Corrections and Fixture Replacement as required by drawings and specifications.

3. Background: The medical center campus has numerous plumbing deficiencies that need to be corrected. Changes to the medical center have left unused water branches and dead legs.

These dead legs are an area of stagnant water where legionella and other bacteria can grow. VA

Directive 1061 requires continuous monitoring of pressure, temperature, pH, dissolved solids, and oxidant residual of the water incoming from the utility. It also requires anti-scald devices installed at all showers and lavatories. These mixing valves must limit the hot water temperature at showers and lavatories to at or below 110°F.

4. Performance Period: The contractor shall complete the work required under this SOW in a total of 588 calendar days or less from date of award/Notice to Proceed, unless otherwise directed by the

Contracting Officer (CO).

a. Work hours

1) Normal Medical Center hours are 7:30 a.m. to 4:00 p.m.

2) Work at other than normal hours are required for activities that impact the normal operations of Medical Center, i.e. work in clinical areas, utility shutdown, work that generates excessive noise and vibration.

B. CONTRACT AWARD MEETING

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

C. GENERAL REQUIREMENTS

A. BID ITEM I, Base Bid: Work includes all work in Building 1, Building 1-A, and Building 1-

AC as described in contract documents for general construction, plumbing, electrical, monitoring equipment, controls, architectural, and related trades as necessary for a complete project as related to dead end removal, water heater replacement, hot water circulation pump replacement, balancing valve replacement, new medium pressure steam supply pipe, new condensate return pipe, new high pressure steam to medium pressure steam pressure reducing station, new steam pressure relief valve vent piping, new cold water pipe for heater replacement, new hot water pipe for heater replacement, new hot water return pipe for heater replacement, and new insulation for all associated pipe. Water heaters shall be installed tested, and operational at one location/building before start of construction at any subsequent location/building. Building/location sequence will be directed by VA COR. Base Bid Item 1 includes a quantity of additional insulation footage of existing domestic water pipe, access panels, and asbestos containing materials removal and disposal listed on contract drawings.

NOTE: Water heater replacement, pump replacement, controls for water heaters and pumps, and any associated work for a complete and operable system for Building 1-A in the bid set will remain a part of Base Bid Item 1 if deductive alternates are not included in the required contract work. Refer to contract documents for clouded, noted areas in Building 1-A to remain a part of

Building 1 work.

1. Contract duration will be 588 days (84 weeks).

B. BID ITEM II – BID DEDUCT ALTERNATE NO. 1: All work described in Bid Item I, except deduct all work items for Building 1-AC.

1. Contract duration will be 560 days (80 weeks).

C. BID ITEM III – BID DEDUCT ALTERNATE NO. 2: All work described in Bid Item II, except deduct remaining items for Building 1-A. Refer to contract documents for clouded, noted areas in Building 1-A to remain a part of Building 1 work.

1. Contract duration will be 455 days (65 weeks).

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 VA review within 14 days of Notice to Proceed.

Task Two: Work performance.

Deliverable Two: Provide completed work that is fully inspected and remediated within 588 days of Notice to Proceed.

E. SCHEDULE FOR DELIVERABLES

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

2. 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. DELETED

G. CHANGES TO STATEMENT OF WORK

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

H. REPORTING REQUIREMENTS

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

2. Certified Payrolls submitted electronically bi-weekly.

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

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

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

I. TRAVEL – Not Applicable

J. GOVERNMENT RESPONSIBILITIES – Not Applicable

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

All contractor employees are subject to the same level of investigation as VA employees who have access to VA Sensitive Information. The level of background investigation is commensurate with the level of access needed to perform the statement of work. This requirement is also applicable to all subcontractor personnel requiring the same level of access. Levels and associated types of Background Investigations:

- If the project requires that workers require un-supervised, logical and/or physical access for 180 consecutive or aggregate days in a 365 day period, over a 3 year period, a background investigation may be required (Special Agency Check (SAC)) which must be completed prior to being allowed access.

- All costs for SAC checks are borne by the contractor. The VA may at its discretion make deductions against the contract in order to recoup the investigation costs. Current cost for a SAC is $25.00 per employee (subject to change at any time).

The Authorization requirements do not apply, so a Security Accreditation Package is not required.

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 Authorization requirements do not apply, and that a Security Accreditation Package is not required.

3. 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.

4. 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.

5. Employees shall not be on site without appropriate badge. Employees are responsible for reporting to VA Police with acceptable photo ID to obtain a badge. VA approved badge shall be worn with the identification facing forward and visible above the waist. The employees may also be subject to inspection of their personal effects when entering or leaving the facility.

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

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

Engineering Office shall be returned each day.

8. 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 https://www.tms.va.gov/plateau/user/login.jsp. Once there, employees should follow the steps below to create a profile, launch the mandatory training, and complete the content prior to starting work at VA.

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.

9. 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 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.

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 section is titled “Instructions, Conditions, and Other Statements to Bidder/Offeror” in the solicitation document. The subject procurement action shall be a Lowest Price Technically Acceptable source selection process per

Federal Acquisition Regulation (FAR) Part 15.101-2. Award will be made to the offeror whose proposal conforms to the solicitation and is determined to be “Technically Acceptable” for all Non-Cost/Non-Price Evaluation Factors. Proposals will be evaluated for acceptability, but not ranked using the non-price factors/sub-factors. To be considered for award, an offeror must have an “acceptable” rating in every non-price factor/sub-factor under consideration.

The Contracting Officer upon receipt of offers will determine eligibility and compliance to the solicitation requirements. Once these requirements have been satisfied, the Contracting Officer will select and submit for review to the Technical Evaluation Board (TEB) the technical portion of the Lowest Priced Offeror’s proposal. Initially, the TEB will not receive any pricing information, only the technical portion of the Offeror’s proposal. Following the technical rating, the TEB Chair will be provided the price proposal of the Lowest Priced Offeror to assist the Contracting Officer in the price evaluation. The Government intends to award a single contract to a qualified Service Disabled Veteran Owned Small Business (SDVOSB) determined responsible in accordance with the 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. 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 be checked for 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 TEB the technical proposal of the lowest-priced offeror for consideration. The Government reserves the right to evaluate and award any of the three bid line items. 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 outlined 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 an 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 the information applies 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. The offeror shall separately group each section. All pages containing text shall be consecutively numbered, type-written on 8-1/2 x 11-inch paper (or electronic equivalent) with margins of at least once inch with Times New Roman 12-point font. The submitted package should contain two separate sections: 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. Only electronic copies of the Technical and Price Proposals are allowed, and must be submitted to matthew.durbin@va.gov. Bid bonds must be submitted in original, hard copy form to the address in block 8 of the solicitation. The “S02-Price Schedule” attached worksheet must be used to submit pricing and shall be considered as one page as part of the Price Proposal, regardless of the overall total. Each section must be labeled with the following:

Company Name Physical Address of the Company

Telephone Number Email address VA Project Number (Project 614-18-106)

VA Project Name (Correct Plumbing, Piping, Replace Fixtures) Solicitation number (36C24921R0062)

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

The evaluation process and criteria stated in this section will be strictly adhered to. Evaluators will make no assumptions regarding an Offeror’s proposal. Therefore, an Offeror must demonstrate understanding by the thoroughness, soundness, comprehensiveness, and price reasonableness of the technical approach. There will be no public opening of offers.

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

mailto:matthew.durbin@va.gov

EVALUATION FACTORS

FACTOR 1 – Hospital/Healthcare Construction Management The offeror shall provide a narrative that describes the offeror’s overall organization, organizational chart, as well as the number of personnel and the duties of proposed technical staff to determine if the offeror can manage multi-discipline projects without significant difficulty. The proposal narrative must adequately address functions, responsibilities, and authorities for performing such duties as overall project management, site superintendence, quality control, safety, administration, and in-house trade capabilities.

Sub-Factor 1a – Relevant Experience: The offeror shall provide demonstrated experience in new construction or renovation of a hospital/medical center and/or health care facility for two (2) completed projects within the past five (5) years with a contract value equal to or greater than $5,000,000.00. The subject projects must have consisted of multiple trades to demonstrate the management and coordination of trades by the prime contractor.

Standard for Acceptability: The offeror must provide two projects, each with a complete project title, location, start and completion dates, contract price, and trades involved. Provide a descriptive narrative of work indicating how the offeror can manage multi-discipline projects without significant difficulty and provide a reference for verification. Each project magnitude must be at least $5,000,000.00 and must have been completed within the past five (5) years.

Sub-Factor 1b - Key Personnel: Provide the names of the offeror’s project manager and on-site superintendent, including name with title, years with the prime contractor, and total work experience as it relates to the new construction or renovation of a hospital/medical center and/or health care facility. Both project manager and site superintendent must demonstrate (by way of professional resume) experience in managing and providing oversight with new hospital construction, construction additions, or renovations with a project magnitude equal to or greater than $5,000,000.00 or more over the past five (5) years.

Standard for Acceptability: The project manager and the on-site superintendent must have a minimum of five (5) or more years of experience managing new hospital construction and/or construction renovation in a hospital or medical center environment.

Project magnitude experience must be $5,000,000.00 or more.

**note**- failure to provide verifiable information may deem this factor as

“unacceptable”

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 this project time/schedule will be achieved; provide a Gantt chart of contract times broken into a schedule of values by trade discipline and by General Wage Decision (formerly Davis-Bacon Act). The offeror must include identification of proposed personnel for project management, site superintendence, and quality control;

including roles in commissioning, safety during construction, and in-house trade capabilities.

Standard for Acceptability: Gantt chart demonstrating successful project completion in 588 calendar days or less, with all requirements met for the contract. The technical narrative must demonstrate a realistic timeline and logical flow of construction processes with minimal disruption to medical center operations.

Sub-Factor 2b – Project Management: Discuss and provide examples to address managing multiple project disciplines, unrealized cost and schedule efficiencies, change orders, and construction procedures specific to working hospital operations. This will be based on the offeror’s experience in hospital construction of a project of this magnitude and scope, involving multiple trades and the coordination thereof, the commissioning of various systems involved in the construction of a facility, review of the project specifications, and the proposed work viewed at the site visit.

Standard for Acceptability: The offeror demonstrates the capability to manage multiple project disciplines, realize more efficient processes, understands the change order process, and shows the capability to conduct construction processes appropriately in a hospital environment.

FACTOR 3 - Past Performance: Offeror shall provide up to three (3) prior clients on the VA Past Performance questionnaire for completed projects of construction or renovation of hospital/healthcare facilities and/or medical clinics where each project dollar magnitude was equal to or greater than $5,000,000.00 within the last five (5) years of the solicitation due date.

Offerors must ask their clients to forward completed questionnaires directly to the Contract

Specialist via email at matthew.durbin@va.gov and must be received at that email address no later than April 20, 2021 at 4:00 PM CST.

Standard for Acceptability: This factor is met when up to three (3) past performance questionnaires have been submitted, and the Government has a reasonable expectation the offeror will be able to complete the requirement based on the questionnaire results. The offeror must have worked with the questionnaire respondent within the past five (5) years, and the evaluated project must be at least $5,000,000.00. 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 that display past performance information. An offeror without a record of relevant past performance or for whom information on past performance is not available may not be evaluated favorably or unfavorably on past performance and will be rated as “acceptable”.

NOTE: 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 pertains 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) and other sources known to the Government.

mailto:matthew.durbin@va.gov

RELEVANT: The Government will perform an independent determination of data relevancy, provided or obtained. The main assessment of relevancy shall focus on capability and magnitude. Capability assesses whether the work being performed in the reference is like the work in the requirement. Magnitude is defined as a project of at least

$5,000,000.00 and if the amount of work completed is similar to work that is to be performed in the requirement.

RECENT: Recent past performance shall be defined as successful performance under contracts similar in scope to the subject requirement completed within the last five (5) years through the proposal due date.

Price: The offeror shall provide pricing for the stated offer item(s). The Government will evaluate offers for award purposes. The price proposal must include the S02-Price Schedule

Worksheet, the signed SF 1442, with acknowledgment and signature of any amendments, plus the offeror’s Bid Guarantee documents. The government reserves the right to select and award CLIN that is in its best interest.

Price will be evaluated to determine fairness and reasonableness. 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.

2.1 52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of Provision)

2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—

SECONDARY SITE OF THE WORK (MAY 2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

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

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

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

(End of Provision)

2.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO

ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION

(FEB 1999)

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

Compliance Requirements for Construction clause of this solicitation.

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

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

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

Shelby County, Tennessee

2.4 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—

CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014)

ALTERNATE II (JUN 2009)

(a) Definitions. "Bahrainian, Mexican, or Omani construction material," "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…