S02 - Solicitation - 596A4-18-102.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.

1 59

36C24923R0021

X

12/06/2022

596A4-18-102

90C

Department of Veterans Affairs

Network Contracting Office (NCO) 9

Robert Pritchard, Contracting Officer

1639 Medical Center Parkway, Suite 400

Murfreesboro TN 37129

Department of Veterans Affairs

Network Contracting Office (NCO) 9 c/o: Robert Pritchard, CO

Robert.Pritchard2@va.gov

Robert Pritchard 615-225-4525

Project 596A4-18-102, Upgrade Elevators P1, P2, P3, S4, and S5 at the Lexington VA Healthcare System, Troy Bowling

Campus, in Lexington, Kentucky. The VA Medical Center has a requirement for construction services for a contractor to provide all labor, materials, equipment, and expert supervision required to Upgrade Elevators P1, P2, P3, S4, and S5.

NAICS code 236220 is applicable for this project. The small business size standard is $39.5M.

The Project Magnitude is between $1,000,000.00 and $2,000,000.00.

A scheduled site visit will be held at Bowling Campus, Room C523E Main Building

5th floor Engineering Conference Room. All attendees are to RSVP with the Contracting Officer at Robert.pritchard2@va.gov, at least 24 hours prior to arrival. See page 23, of this SF-1442 for more information.

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 the Contracting Officer, Robert Pritchard at robert.pritchard2@va.gov. RFI's must be specific in identifying section, paragraph and page number and must be in question format. All RFI's submitted shall include the project number and title, contractor name, city, state, telephone, email address, date submitted and RFI question(s).

Questions received after 12:00PM, CDT December 26, 2022, will not be answered unless it is determined to be in the best interest of the Government as deemed by the Contracting Officer. All questions must be submitted in writing only.

In accordance with P.L 109-461, this acquisition is 100% set-aside for Service-Disabled Veteran Owned Small Business

(SDVOSB) concerns. To be eligible to receive an award under this solicitation, the SDVOSB contractor must be listed and viewable in the Vetbiz Registry located at www.vip.vetbiz.va.gov at the time of offers due and at time of the award. Offerors are advised that the fast-track reverification program ended September 30, 2012. Consequently, offerors in reverification status will not be eligible to submit offers for this project. In accordance with FAR 52.204-7 System for Award Management (SAM), all prospective offerors must have an active SAM's registration at the time of offer submission.

Project will be procured under FAR 15.101-2 Lowest Price Technically Acceptable. Evaluation factors are listed in the solicitation.

Submit proposal and supporting documentation to the address in block 8.

Hard copy bonds are NOT REQUIRED. See A.4 Important Submission Instruction.

10 490 x x 52.211-10

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1 1:00PM CDT

01-06-2023

X mailto:Robert.pritchard2@va.gov

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

Offer Item - ______________________________________

Detailed pricing must be submitted on the attached form titled "Pricing Schedule"

Block 27

90C

Department of Veterans Affairs

Network Contracting Office - 9

1639 Medical Center Parkway

Suite 400

Murfreesboro TN 37129

90C FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp

Invoice Setup Information 1-877-489-6135

Invoice must be submitted electronically

Setup 1-877-489-6135

X

Robert Pritchard

VA-VHA-2020-21A9358B

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

A.3 STATEMENT OF WORK

A.4 IMPORTANT SUBMISSION INFORMATION

A.5 EVALUATION PROCESS – PROPOSAL PREPARATION – INSTRUCTION TO

OFFERORS

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 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION

MATERIALS (MAY 2014)

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)

2.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

2.10 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

2.11 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (MAY 2020)

2.12 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)

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

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

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

2.15 VAAR 852.223-70 INSTRUCTIONS TO OFFERORS—SUSTAINABLE

ACQUISITION PLAN (SEP 2019)

2.16 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) (JUL

2020) (DEVIATION)

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 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

4.2 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE,

AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER

COVERED ENTITIES (JUL 2018)

4.3 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (OCT 2018)

4.4 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984) ALTERNATE I (APR 1984)

4.5 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(NOV 2020)

4.6 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)

4.7 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL

LABOR RELATIONS ACT (DEC 2010)

4.8 SUPPLEMENTAL INSURANCE REQUIREMENTS

4.9 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

ALTERNATE II (APR 1984)

4.10 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

4.12 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

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

2018)

4.14 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(APR 2019)

4.15 VAAR 852.236-72 PERFORMANCE OF WORK BY THE CONTRACTOR (APR

2019)

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

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

ALTERNATE I (APR 2019)

4.18 VAAR 852.236-92 NOTICE TO BIDDERS—ADDITIVE OR DEDUCTIVE BID LINE

ITEMS (APR 2019)

4.19 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT

ADMINISTRATION (OCT 2020)

4.20 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT

(SEP 2019)

4.21 VAAR 852.246-75 WARRANTY OF CONSTRUCTION—GUARANTEE PERIOD

SERVICES (OCT 2018)

4.22 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN

2008)

4.23 List of Attachments

A.3 STATEMENT OF WORK

Project: 596A4-18-102 Upgrade Elevators P1, P2, P3, S4, & S5- Troy Bowling Campus

GENERAL INTENTION

A. Contractor shall completely prepare site for building operations, including demolition and removal of existing structures, furnish labor and materials and perform work for project 569A4-18-102 A/E Design to Upgrade Public Elevators P1, P2 & P3, S4 & S5 as required by drawings and specifications.

B. Only one site visit will be held for this project. See page 23, for date, time, and location of the site visit.

C. Offices of Apogee Consulting Group, P.A., as Architect-Engineers, will render certain technical services during construction. Such services shall be considered as advisory to the Government and shall not be construed as expressing or implying a contractual act of the Government without affirmations by Contracting Officer or his duly authorized representative.

D. Before placement and installation of work subject to tests by testing laboratory retained by Department of Veterans Affairs, the Contractor shall notify the COR in sufficient time to enable testing laboratory personnel to be present at the site in time for proper taking and testing of specimens and field inspection. Such prior notice shall be not less than three workdays unless otherwise designated by the COR.

E. All employees of general contractor and subcontractors shall comply with VA security management program and obtain permission of the VA police, be identified by project and employer, and restricted from unauthorized access.

F. Note: Special requirements and contract conditions regarding prime contractor’s unique responsibilities and schedule related matters for all inspections, maintenance, service, and warranty matters.

1. Contractor shall not mobilize onto site until all submittals have been reviewed and approved. It is anticipated that the period to review and approve all submittals will be 12 weeks.

2. Upon mobilization onto the Bowling Campus, the Prime Contractor will take full responsibility of ALL Elevators in the contract.

3. The sequence of contractual events, or required Phasing, for upgrading all elevators IN PROJECT 596A4-18-102 is as follows:

a. P1, P2, P3, S4, and finally S5

4. “Full Responsibility of ALL Elevators in the Contract - by the Contractor” is defined as:

Fully Responsible for the safe working conditions and prescribed regular inspections of ALL elevators in the contract, starting from the Contractor’s mobilization date on site to the completion date or date of beneficial occupancy of ALL elevators.

5. This period will also include all minor, routine, and typical repairs, adjustments, levelling, door issues, etc. over and above required inspections. And these repairs will be performed at no cost to the VA. Repairs shall be made only by qualified elevator personnel and shall be addressed and completed in a timely manner, as further detailed in the technical elevator contract specification section 14 21 10 - regarding specific time limitations for addressing these issues.

6. Any major component failure that should occur in a single operating elevator that has not initiated any contractual upgrade (i.e.., taken out of service for contractual upgrade ), shall be repaired as soon as possible (note: this unique repair cost may be appealed to the VA for validity, but only after the issue is fully described and documented to the COR and CO in written detail along with photos and detailed breakdown of material and labor costs.

7. Upon final acceptance of the last elevator by the VA for beneficial occupancy, the One- Year Warranty shall commence. At this time, the VA will re-engage their existing or standing Elevator Inspector to make all regular or code required inspections. Any deficiencies or necessary adjustments shall be made and completed by the Prime Contractor’s Elevator subcontractor. Refer to specific requirements in the technical elevator spec section(s) for additional details.

STATEMENT OF BID ITEM(S)

A. ITEM IBID ITEM I, GENERAL CONSTRUCTION: Work includes selective demolition, general construction, and alterations. Work includes all labor, material, equipment, and supervision to perform the required upgrades construction work on this project including architectural modifications, fire protection systems, mechanical systems, and electrical systems as described in the Bid Documents to upgrade elevators P1, P2, P3, S4 & S5.

B. Period of performance is limited to 490 calendar days for all work.

END SCOPE OF WORK

A.4 IMPORTANT SUBMISSION INFORMATION

SOLICITATION MATERIALS: All solicitation materials consisting of drawings, specifications, contract forms, Amendments, and other documents will be posted to the Contract Opportunities

Government website located at https://sam.gov/. Enter “36C24923R0021 into the search box to access the solicitation materials. This is the only official location where these documents can be obtained and where updates are posted. No ‘hard copy’ solicitation materials are available.

SOLICITATION SUBMISSION: The following documents must be included in the solicitation submission in the formats as stated:

- One (1) electronic copy of an original, fully completed and signed and dated SF 1442 Offer page, acknowledgment of all amendments issued by completing block 19 of the SF1442 and providing them with the SF 1442 Offer page; prices online item(s) listed on the Price/Cost

Schedule; completed Representations and Certifications section (FAR 52.204-8, 52.209-5

(Deviation), and 52.209-7); and fully completed Contractor Experience Modification Rate (EMR)

Certification documents.

- One (1) electronic copy of an original completed and signed SF 24 Bid Bond or other allowable

Bid Security. Any missing elements of the bid bond submission could render the offeror ineligible and their offer will not be considered.

Subject: Class Deviation from the Federal Acquisition Regulation to Eliminate Hard Copy

Original Documents, Signatures, Notarization, Seals on Bonds, and Other Seals for Certain

Contract Requirements.

1. Purpose. To issue a class deviation in accordance with Federal Acquisition Regulation (FAR)

1.404, to allow greater flexibility by eliminating the requirement for hard copy original documents, original signatures, notarization, seals on bonds, and other scenarios confronting the acquisition workforce in connection with the Coronavirus Disease 2019 (COVID-19) pandemic.

2. FAR Parts Impacted. FAR parts 28, 32, 42, and 52.

3. Effective Date. Immediately.

4. Expiration Date. This deviation expires when incorporated into the FAR or otherwise or rescinded.

5. Applicability. This class deviation applies to all VA contracting activities.

6. Exception. None.

7. Background. The deviation is issued in response to the COVID-19 national emergency, as authorized by the Civilian Agency Acquisition Council (CAAC) letter 2020- 04, dated May 1, 2020.

a. Current FAR Policy. In certain situations, the FAR requires hard copy original documents, original signatures, notarization, and seals on bonds.

https://sam.gov/

b. Need for Deviation. In response to the COVID-19 national emergency, agencies are encouraged to issue FAR deviations to eliminate the requirements discussed herein.

c. New Policy. Contracting officers shall use the attached deviation FAR text as follows:

(1) When obtaining financial protection against losses under contracts per

FAR part 28:

▪ 28.101-3(c) allowing the use of electronic means is moved to an added section at 28.002 to apply the same flexibilities to all of part 28;

▪ 28.106-1 adding an exception to stamping a corporate seal on bonds;

▪ 28.106-8 allowing a signed statement by the contractor that the payment is due and owed;

▪ 28.203(b) not requiring the Standard Form 28 to be sworn and notarized;

▪ 28.203-5 allowing a written authorization of the release signed by the surety saying that it approves of such release;

▪ 52.228-11, Pledges of Assets (Aug 2018) (DEVIATION APR 2020), not requiring the Standard Form 28 to be sworn and notarized, in place of

52.228-11, Pledges of Assets (Aug 2018);

▪ 52.228-15, Performance and Payment Bonds – Construction (OCT 2010)

(DEVIATION APR 2020), not requiring the seal when executing the standard forms required by the clause; and

▪ 52.228-16, Performance and Payment Bonds – Other than Construction

(NOV 2006) (DEVIATION APR 2020), not requiring the seal when executing the standard forms required by the clause.

(2) When processing assignment of claims per FAR subpart 32.8:

▪ 32.802(e) allowing the use of a copy of the assignment instrument; and

▪ 32.805(a), (b), (c), and (e) allowing the use of electronically signed documents and a copy of the assignment instrument.

(3) When executing novation agreements and change-of-name agreements per FAR part 42:

▪ 42.1204(f) allowing the use of a copy of the documents;

▪ 42.1204(i) not requiring a seal on the Novation Agreement; and

42.1205(b) not requiring a seal on the Change-of-Name Agreement.

Federal Holidays. Federal law (5 U.S.C. 6103) establishes the following public holidays for

Federal employees: New Year’s Day, Birthday of Martin Luther King, Jr., Washington’s Birthday, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day. Please note that most Federal employees work on a

Monday through Friday schedule. For these employees, when a holiday falls on a non-workday

-- Saturday or Sunday -- the holiday usually is observed on Monday (if the holiday falls on

Sunday) or Friday (if the holiday falls on Saturday).

All contractors are required to complete:

• 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.

THE EXCLUDED PARTIES LIST SYSTEM (EPLS): To ensure that the individuals or businesses providing services under the contract have not engaged in fraud or abuse regarding

Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the contractor is required to check the Excluded Parties List System (EPLS) located at https://sam.gov for each person or business providing services under this contract. During the performance of this contract the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities.

VETS-4212 REPORTING REQUIREMENT: Contractors are required to submit a required annual Form VETS-4212, Federal Contractor Veterans' Employment Report in all cases where the contractor or subcontractor has received an award of $150,000 or more in any fiscal year.

Contracting Officers are prohibited from awarding a contract to a contractor that has not submitted a required VETS-4212 Report with respect to the preceding fiscal year if the contractor was subject to the reporting requirement of 38 U.S.C. 4212(d). Submit this report as soon as possible, if not already submitted, to avoid delays in the contract award process. For more information on this requirement and/or for completing the web-based reporting form, visit https://sam.gov/ the following website https://www.dol.gov/agencies/vets/programs/vets4212. See FAR provision 52.222-38, Compliance with Veterans' Employment Reporting Requirements (FEB

2016) under the Representations, Certifications and Other Statements of Offerors, and FAR clause 52.222-37, Employment Reports on Veterans (FEB 2016) under the General Conditions.

SECURITY:

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. 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.

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. 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 -https://www.dol.gov/agencies/vets/programs/vets4212

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 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 follow 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 while 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 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.

E-VERIFY SYSTEM: Companies awarded a contract with the federal government shall enroll in

E-Verify within 30 days of the contract award date. They shall also begin using the E-Verify system to confirm that all their new hires and their employees directly working on federal contracts are authorized to legally work in the United States. E-Verify is an Internet-based system that allows an employer, using information reported on an employee's Form I-9, to determine the eligibility of that employee to work in the United States. There is no charge to employers to use E-Verify. (FAR 52.222-54).

PRIME CONTRACTOR INFORMATION- SAFETY OR ENVIRONMENTAL VIOLATIONS AND

EXPERIENCE MODIFICATION RATING INFORMATION

All Bidders/Offerors shall submit information pertaining to their past Safety and Environmental record (using the attached EMR information/data form). The information must contain a certification that the bidder/offeror has no more than three (3) serious, or one (1) repeat or one

(1) willful OSHA or any EPA violation(s) in the past three years. If such certification cannot be made, a Bidder/Offeror shall explain why and submit as much information as possible regarding the circumstances of its past safety and environmental record, including the number of EPA violations and/or the number of serious, repeat, and/or willful OSHA violations, along with a detailed description of those violations.

All Bidders/Offerors shall submit information regarding their current Experience Modification

Rate (EMR). This information shall be obtained from the Bidders/Offeror’s insurance carrier and be furnished on the insurance carrier’s letterhead. If a Bidder/Offeror’s EMR is above 1.0, Bidder/Offeror must submit a written explanation of the EMR from its insurance carrier furnished on the insurance carrier’s letterhead, describing the reasons for the elevated EMR and the anticipated date the EMR may be reduced to 1.0 or below.

Self-insured contractors or other contractors that cannot provide their EMR rating on insurance letterhead must obtain a rating from the National Council on Compensation Insurance, Inc.

(NCCI) by completing/submitting form ERM-6 and providing the rating on letterhead from

NCCI. Note: Self-insured contractors or other contractors that cannot provide EMR rating on insurance letterhead from the states or territories of CA, DE, MI, NJ, ND, OH, PA, WA, WY, and

Puerto Rico shall obtain their EMR rating from their state-run worker’s compensation insurance rating bureau.

If the NCCI cannot issue an EMR because the Bidder/Offeror lacks insurance history, Bidder/Offeror shall submit a letter indicating so from its insurance carrier furnished on the insurance carrier’s letterhead and include a letter from the NCCI indicating that it has assigned

Bidder/Offeror a Unity Rating of 1.0.

The above information, along with other information obtained from Government systems, such as the OSHA and EPA online inspection history databases, will be used to make an initial

Determination of Responsibility.

This requirement is applicable to all subcontracting tiers, and prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors.

PAYMENT FOR MATERIALS STORED OFF-SITE: The COR and the contractor/project manager (whoever will oversee submitting the invoice) shall meet and discuss the items listed on a draft copy of the invoice prior to submission to OB10. All items will be approved prior to submission. It is the Contracting Officer’s discretion to pay for any stored materials. This should be discussed prior to submission of the first invoice. Contract financing is not part of this contract.

REVIEW REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE

ASSESSMENT SYSTEM (CPARS)

As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans

Affairs (VA) evaluates contractor past performance on all contracts that exceed $750,000 and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that the contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement VA uses an online database, CPARS, which is maintained by the Naval Seal Logistics Center in

Portsmouth, Virginia. CPARS has connectivity with the Past Performance Information Retrieval

System (PPIRS) database, which is available to all Federal agencies. PPIRS is the system used to collect and retrieve performance assessment reports used in source selection determinations and completed CPARS report cards transferred to PPIRS. CPARS also includes access to the federal awardee performance and integrity information system

(FAPIIS). FAPIIS is a web-enabled application accessed via CPARS for contractor responsibility determination information.

Each contractor whose contract award is estimated to exceed $750,000 is required to register with CPARS database at the following web address: www.cpars.csd.disa.mil. Help in registering can be obtained by contacting Customer Support Desk at 207-438-1690.

Registration should occur no later than thirty days after contract award and must be kept current should there be any change to the contractor's registered representative.

For contracts with a period of one year or less, the contracting officer will perform a single evaluation when the contract is complete. For contracts exceeding one year, the contracting officer will evaluate the contractor's performance annually. Interim reports will be filed each year until the last year of the contract, when the final report will be completed. The report shall be assigned in CPARS to the contractor's designated representative for comment. The contractor representative will have thirty days to submit any comments and re-assign the report to the VA contracting officer.

Failure to have a current registration in the CPARS database, or to re-assign the report to the

VA contracting officer within those thirty days, will result in the Government's evaluation being placed on file in the database with a statement that the “contractor failed to respond.”

END OF SUBMISSION INFORMATION

A.5 EVALUATION PROCESS – PROPOSAL PREPARATION – INSTRUCTION

TO 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. This process shall continue until such time that an award is made.

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

Proposals are to be submitted via email to the Contracting Officer, Robert Pritchard. Offerors shall submit a complete proposal (a. Technical & b. Price) to the email address below.

EMAIL: robert.pritchard2@va.gov

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 (2) 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 attached “Pricing

Schedule” worksheet shall be considered as 20 pages, regardless of the overall total. Each section must therefore be labeled with the following:

1. Construction Company Name

2. Physical Address of the Company

3. Telephone Number

4. Email address

5. VA Project Number (Project 596A4-18-102)

6. VA Project Name (Upgrade Elevators P1, P2, P3, S4, and S5)

7. Solicitation number (36C24923R0021)

The Technical Evaluation Board (TEB) shall evaluate the offeror’s proposal against all non-price factors/sub-factors using “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 technical approach. There will be no public opening of offers.

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

FACTOR 1 – Contractor Experience:

The offeror shall provide a narrative that describes the Offeror’s overall organization, organizational chart, as well as number of personnel and the duties of proposed technical staff to determine if offeror 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, in-house trade capabilities and subcontractors.

mailto:robert.pritchard2@va.gov

Sub-Factor 1a – Relevant Experience: The Prime Contractor shall provide demonstrated satisfactory experience in new construction, renovation, or the addition of a hospital/medical center and/or health care facility for two (2) completed projects within the past ten (10) years with a contract value equal to or greater than $1M. The subject project must have consisted of multiple trades to demonstrate the management and coordination of trades by the Prime Contractor.

Standard for Acceptability: The Prime Contractor must provide complete project title, location, start and completion dates, contract price, and trades involved. Provide written narrative of work and a reference for verification.

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

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

FACTOR 2 - Technical Management Approach: The offeror shall provide a narrative that outlines the proposed technical approach for this project, including assumptions and rationale for choosing the preferred approach.

Sub-Factor 2a-Project & Construction Quality Control: Include a discussion of how the duration of project time was achieved; provide a Gantt chart of contract times broken into schedule of values by trade discipline and by General Wage Decision (formerly

Davis-Bacon Act). Offeror must include identification of proposed personnel for project management, site superintendence, and quality control, including role in commissioning, safety during construction, and in-house trade capabilities.

Standard for Acceptability: Gantt chart achieving successful project completion in 490 calendar days, with all requirements met for contract. Technical narrative always demonstrates sound logic with minimal disruption to medical center operations.

Sub-Factor 2b-Change Order Management: Based on your 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 new construction of a facility and your experience with a project of this magnitude, discuss what factors you would consider in mitigating potential changes. Discuss your handling of changes, where a sub-contractor failed to thoroughly review the project specifications, or a section was inadvertently overlooked.

Standard for Acceptability: When the offeror proposes a realistic or reasonable view of mitigating potential changes or handling of changes where specifications were not thoroughly reviewed.

FACTOR 3 - Past Performance: Offeror shall list three (3) prior clients for completed projects of new construction, renovation, revitalization, upgrade, and/or new addition of a hospital/healthcare facility, medical clinic where the project dollar magnitude equal to or greater than $2,000,000.00 within the last five (5) years on the VA Past Performance questionnaire and ask the client to forward directly to the CO via email at robert.pritchard2@va.gov no later than

January 4, 2023. NOTE **CPARS can also be submitted as proof of Past Performance.**

Standard for Acceptability: This factor is met when up to three (3) past performance questionnaires that the offeror has worked with in the past five (5) years are submitted and are determined to be relevant relative to the subject procurement, and recent regarding the timeframe-within the past five (5) years. 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. Last, CPARS can also be used a proof of Past Performance.

Price: Price: The LPTA procedure is applied to known, firm requirements, usually readily available in the commercial marketplace where a fair and reasonable price determination is based on adequate price competition. Therefore, the offered price will be reviewed to determine that the total price is fair and reasonable.

The proposed price will be analyzed for reasonableness. It may also be analyzed for the different divisions of work to be performed, reflects a clear understanding of the requirement;

and is consistent with the Offeror’s Technical Proposal. A detailed price breakdown is required and shall be provided on the “S02-Solicitation Attachment-Price Schedule” worksheet provided with the solicitation.

If a detailed price breakdown is not included in the Offeror’s price proposal, the contractor may be excluded from further consideration of contract award. Pricing will be evaluated in accordance with FAR 15.4 to determine reasonableness and evaluate potential performance risks. This factor will be evaluated as either reasonable or unreasonable. The Government reserves the right to cancel subject RFP and re-solicit via another mechanism should a fair and reasonable price not be achieved, or reasonableness of price cannot be determined.

END OF EVALUATION PROCESS

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO

BIDDERS/OFFERORS

2.1 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm fixed price contract resulting from this solicitation.

(End of Provision)

2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE

WORK (MAY 2014)

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

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

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

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

(End of Provision)

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 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.