36C24923R0114.docx
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- Z2DA--626A4-19-101 - Renovate Ward 1B at the Alvin C. York VA Medical Center, Murfreesboro, TN 37129
- Solicitation number
- 36C24923R0114
About this file
This solicitation is for construction services to renovate Ward 1B at the Alvin C. York VA Medical Center in Murfreesboro, Tennessee. The contractor shall demolish existing structures, prepare the site for construction, and perform renovation work as required by the drawings and specifications. The base offer includes all work, while the alternate deduct removes window installation. The period of performance is 425 calendar days from notice to proceed. The solicitation is a 100% set-aside for verified Service-Disabled Veteran-Owned Small Businesses. Proposals are due by August 10, 2023 and will be evaluated based on contractor experience, key personnel experience, past performance, and price. The contractor must have an active SAM and VetCert registration as of proposal submission and award.
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1. SOLICITATION NUMBER
2. TYPE OF SOLICITATION
3. DATE ISSUED
PAGE OF PAGES
4. CONTRACT NUMBER
5. REQUISITION/PURCHASE REQUEST NUMBER
6. PROJECT NUMBER
7. ISSUED BY
CODE
8. ADDRESS OFFER TO
a. NAME
b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES," indicate within how many calendar days after award in Item 12B.)
12b. CALENDAR DAYS
13. ADDITIONAL SOLICITATION REQUIREMENTS:
STANDARD FORM 1442 (REV. 8/2014)
STANDARD FORM 1442
Prescribed by GSA-FAR (48 CFR) 52.236-1(d)
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
SOLICITATION
SOLICITATION
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
9. FOR INFORMATION
CALL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SEALED BID (IFB)
NEGOTIATED (RFP)
11. The Contractor shall begin performance within ____________ calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See _____________________________).
YES
NO
a.
Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.
b.
An offer guarantee is, is not required.
c.
All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
d.
Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
36C24923R0114 X 06-26-2023
TBD
626-23-2-4431-0020 626A4-19-101 90C Department of Veterans Affairs Network Contracting Office 9 (90C)
NCO 9
1639 Medical Center Parkway, Suite 400 Murfreesboro TN 37129 Craig Ziegemeier Contracting Officer, NCO 9 Email:
craig.ziegemeier@va.gov
Email is the only acceptable method of proposal Proposal submission.
Craig Ziegemeier
(615) 225-5437 Project # 626A4-19-101 Renovate Ward 1B at the Alvin C. York VA Medical Center, Murfreesboro, TN 37129.
The contractor shall furnish all labor, material, equipment and supervision necessary to completely prepare site for building operations including demolition and removal of existing structures and furnish labor and materials and perform work for “Renovate Ward 1B” as required by the drawings and specifications at the Tennessee Valley Healthcare System, VA Medical Center, 3400 Lebanon Road, Murfreesboro, TN 37129.
NAICS Code: 236220, Commercial and Institutional Building Construction. The small business size standard is $45M PSC Code is Z2DA, Repair or Alteration of Hospital and Infirmaries, the project magnitude of construction is between $5,000,000.00 and $10,000,000.00.
Refer to Page 10, FAR Provision 52.236-27 for date and time of Site Visit. There will only be one (1) site visit on this project.
To obtain clarifications and/or additional information concerning the contract requirement, specifications and/or drawings, submit a written questions via email to Craig Ziegemeier, Contract Officer at craig.ziegemeier@va.gov Questions must be specific in identifying section, paragraph, and page number and must be in question format.
A form is attached for use. All questions shall include the project number and title, contractor name, city and state, phone number, and email address, date submitted and question(s). Questions received after 07/18/2023 at 1300CT will not be answered unless it is determined to be in the best interest of the government as deemed by the CO. Telephone requests will NOT be accepted.
In accordance with Public Law 109-461, this acquisition is 100% set-aside for Service-Disabled Veteran Owned Small Business (SDVOSB) concerns. In order to be eligible to receive an award under this solicitation, the SDVOSB contractor must be listed and viewable in the Veteran Small Business Certification (VetCert) Registry located at https://veterans.certify.sba.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 and at the time of award.
This project is procured under FAR 15.101 Tradeoff. Evaluation Factors are listed in the solicitation.
Note: Only Electronic Submissions will be accepted. Solicitation shall be returned in complete format with all pages.
Submit (1) electronic copy of proposal on or before the proposal due date/time in block 13 to craig.ziegemeier@va.gov Submit (1) electronic copy of bid bonds on or before the proposal due date/time.
X X 52.211-10 X 1 emailed only
2PM
CDT
08-10-2023 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
Base Offer Line Item 1: _______________________________ Alternate Deduct Line Item 2:__________________________ The Offeror must provide an offer response to Line Item 1 and Line Item 2. Failure to do so will result in a rejection of the offer.
626-36X0162-4431-854200-3220 23NR9JC11
90C Network Contracting Office 9 Department of Veterans Affairs Network Contracting Office (90C) 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 Craig S. Ziegemeier Contracting Officer
Table of Contents
| PART I - THE SCHEDULE | 1 |
| SECTION A - SOLICITATION/CONTRACT FORM | 1 |
| A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair) | 1 |
| A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION, ALTERATION, OR REPAIR)– BACK | 2 |
| A.3 PRICE/COST SCHEDULE | 5 |
| ITEM INFORMATION | 5 |
| A.4 STATEMENT OF WORK | 6 |
| INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS | 7 |
| 2.1 52.216-1 TYPE OF CONTRACT (APR 1984) | 7 |
| 2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) | 7 |
| 2.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999) | 7 |
| 2.4 52.228-1 BID GUARANTEE (SEP 1996) | 8 |
| 2.5 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021) | 9 |
| 2.6 52.233-2 SERVICE OF PROTEST (SEP 2006) | 9 |
| 2.7 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995) | 10 |
| 2.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 10 |
| 2.9 52.236-28 PREPARATION OF PROPOSALS—CONSTRUCTION (OCT 1997) | 11 |
| EVALUATION FACTORS | 11 |
| 2.10 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) | 18 |
| 2.11 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018) | 19 |
| 2.12 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018) | 19 |
| REPRESENTATIONS AND CERTIFICATIONS | 19 |
| 3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2022) | 19 |
| 3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) | 23 |
| 3.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 26 |
| 3.4 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—CERTIFICATION (NOV 2021) | 28 |
| GENERAL CONDITIONS | 30 |
| 4.1 52.203-14 DISPLAY OF HOTLINE POSTER(S) (NOV 2021) | 30 |
| 4.2 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) | 30 |
| 4.3 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (NOV 2021) | 31 |
| 4.4 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 32 |
| 4.5 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ALTERNATE I (APR 1984) | 33 |
| 4.6 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (OCT 2022) | 33 |
| 4.7 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020) | 36 |
| 4.8 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) | 36 |
| 4.9 SUPPLEMENTAL INSURANCE REQUIREMENTS | 38 |
| 4.10 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 38 |
| 4.11 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020) | 40 |
| 4.12 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022) | 42 |
| 4.13 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED SERVICE-DISABLED VETERAN OWNED SMALL BUSINESSES (NOV 2022) | 42 |
| 4.14 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING--CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (NOV 2022) | 45 |
| 4.15 VAAR 852.232-71 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (INCLUDING NAS– CPM) (NOV 2018) | 46 |
| 4.16 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 49 |
| 4.17 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019) | 51 |
| 4.18 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019) | 51 |
| 4.19 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019) ALTERNATE I (APR 2019) | 52 |
| 4.20 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT ADMINISTRATION (OCT 2020) | 53 |
| 4.21 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 54 |
| 4.22 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT (SEP 2019) | 54 |
| 4.23 MANDATORY WRITTEN DISCLOSURES | 56 |
| 4.24 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018) | 56 |
| 4.25 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (MAY 2020) | 56 |
| 4.26 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008) | 56 |
| ATTACHMENTS | 57 |
A.3 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1.00 |
| JB |
| __________________ |
| __________________ |
BASE OFFER: Project# 626A4-19-101 Renovate Ward 1B Provide construction services and management to completely prepare site for building operations, including demolition and removal of existing structures, and furnish labor and materials and perform work for Renovate Ward 1B as required by drawings and specifications.
Period of Performance is 425 calendar-days from the Notice to Proceed date.
LOCAL STOCK NUMBER: RENOVATE 1B
| 1.00 |
| JB |
| __________________ |
| __________________ |
ALTERNATE DEDUCT: Same as Line item 1, except remove the installation of windows.
Period of Performance is 425 calendar-days from the Notice to Proceed date.
| GRAND TOTAL |
| __________________ |
UEI NUMBER: ______________________ FEDERAL TAX ID NUMBER: ____________________
POC NAME: ___________________EMAIL: __________________TELEPHONE: ________________
A.4 STATEMENT OF WORK
A. GENERAL INFORMATION
1. Title of Project: Project# 626A4-19-101 “Renovate Ward 1B”
2. Scope of Work: The contractor shall furnish all labor, material, equipment and supervision necessary to completely prepare site for building operations including demolition and removal of existing structures and furnish labor and materials and perform work for “Renovate Ward 1B” as required by the drawings and specifications at the Tennessee Valley Healthcare System, VA Medical Center, 3400 Lebanon Road, Murfreesboro, TN 37129 in accordance with the specifications and drawings.
3. Statement of offer item(s) BASE OFFER LINE ITEM 1: Includes all work per drawings and specifications.
ALTERNATE DEDUCT LINE ITEM 2: Same as Line Item 1, except remove the installation of windows.
4. Period of Performance: 425 calendar days from the issuance of the Notice to Proceed.
B. GENERAL REQUIREMENTS
1. All work including materials will be warranted for a period of one year unless otherwise indicate in specifications.
2. Normal working hours are Monday thru Friday from 7 a.m. to 4:30 p.m. Central Time.
3. 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).
4. Contractor will be required to work some nights and or weekends to perform this work and maintain functionality of affected areas, and to minimize disruptions to the Medical Centers operations. Weekend and evening work shall be identified on the project schedule submitted by the contractor and approved by the VA before work begins.
5. See specifications for additional requirements.
Page 1 of Page 1 of
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 |
| 15.8 % |
| 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
(End of Provision)
2.4 52.228-1 BID GUARANTEE (SEP 1996)
(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.
(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—
(1) To unsuccessful bidders as soon as practicable after the opening of bids; and
(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.
(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, whichever is less.
(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.
(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.
(End of Provision)
2.5 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021)
(a) Offerors shall obtain from each person acting as an individual surety on a bid guarantee—
(1) A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203–1; and
(2) Standard Form 28, Affidavit of Individual Surety.
(b) The Offeror shall include with its offer the information required at paragraph (a) of this provision within the timeframe specified in the provision at FAR 52.228–1, Bid Guarantee, or as otherwise established by the Contracting Officer.
(c) The Contracting Officer may release the security interest on the individual surety’s assets in support of a bid guarantee based upon evidence that the offer supported by the individual surety will not result in contract award.
(End of Provision)
2.6 52.233-2 SERVICE OF PROTEST (SEP 2006)
Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:
Craig Ziegemeier Hand-Carried Address:
Department of Veterans Affairs Network Contracting Office - 9 1639 Medical Center Parkway, Suite 400 Murfreesboro TN 37129 Mailing Address:
Department of Veterans Affairs Network Contracting Office – 9 1639 Medical Center Parkway, Suite 400 Murfreesboro TN 37129
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
(End of Provision)
2.7 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.
(b) An organized site visit has been scheduled for— 07/06/2023, at 9:30AM CT
(c) Participants will meet at— Alvin C. York VA Medical Center 3400 Lebanon Road, Bldg. 4 Murfreesboro, TN 37129 (End of Provision)
2.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/
36C24923R0114
Page 1 of
Page 1 of
| FAR Number |
| Title |
| Date |
| 52.204-7 |
| SYSTEM FOR AWARD MANAGEMENT |
| OCT 2018 |
| 52.204-16 |
| COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING |
| AUG 2020 |
| 52.204-22 |
| ALTERNATIVE LINE ITEM PROPOSAL |
| JAN 2017 |
| 52.215-1 |
| INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITION |
| NOV 2021 |
2.9 52.236-28 PREPARATION OF PROPOSALS—CONSTRUCTION (OCT 1997)
(a) Proposals must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a proposal must initial each erasure or change appearing on any proposal form.
(b) The proposal form may require offerors to submit proposed prices for one or more items on various bases, including—
(1) Lump sum price;
(2) Alternate prices;
(3) Units of construction; or
(4) Any combination of paragraphs (b)(1) through (b)(3) of this provision.
(c) If the solicitation requires submission of a proposal on all items, failure to do so may result in the proposal being rejected without further consideration. If a proposal on all items is not required, offerors should insert the words "no proposal'' in the space provided for any item on which no price is submitted.
(d) Alternate proposals will not be considered unless this solicitation authorizes their submission.
EVALUATION FACTORS
EVALUATION FACTORS
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 will apply FAR 15.101-1 Tradeoff selection procedures which permits tradeoffs among cost or price and non-cost factors and allows the Government to accept other than the lowest priced proposal. Offerors will be required to submit their proposal in response to the solicitation in accordance with the evaluation criteria set forth in the solicitation. Once proposals are received, the SSEB will evaluate the proposals utilizing the criteria provided in this evaluation plan and in the solicitation. Offerors that fail to submit complete proposals including all pages of the solicitation will be considered technically unacceptable and will not be considered for award. This process permits tradeoffs between price and technical merit/quality and allows the Government to accept other than the lowest priced offer or other than the highest technically rated offer. The award decision will be based on a comparative assessment of proposals against all source selection criteria in this solicitation.
Note: In accordance with FAR 15.101-1(b)(2), all evaluation factors other than price, when combined, are approximately equal to price.
The Government intends to award a single contract to a qualified (SDVOSB) determined responsible in accordance with the Federal Acquisition Regulation (FAR), who’s technical and price proposal conforms to all the requirements in this solicitation and is further determined to be the best value to the Government under FAR 15.101-1 Tradeoff process. The Government intends to evaluate proposals and award a contract without discussions with Offerors. Therefore, the Offeror's proposal should contain the Offeror's best terms from a technical and cost standpoint.
The Contracting Office upon receipt of offers, will determine eligibility and compliance to the solicitation requirements. The Veteran Small Business Certification (VetCert), SBA at https://veterans.certify.sba.gov/ 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). Offerors must submit proof of current (as of time of offer) SAM and VetCert registries with their offer and any offeror that fails to do so will be rendered technically unacceptable, and will not be considered for award. Thereafter, the CO will review all proposals to ensure that the minimum proposal submission requirements have been met. Once these requirements for responsibility have been satisfied, the CO will submit for review to the Source Selection Evaluation Board (SSEB) the technical proposal of those offerors determined to be responsible. Initially, the SSEB will not receive any pricing information, only the technical portion of the offerors’ proposals. Each offerors’ technical proposal will be evaluated for acceptability and rated in accordance with the guidelines set forth in this solicitation. The award decision will be based on a comparative assessment of proposals against all source selection criteria in this solicitation.
Other than emailed offers are not allowed and any other than emailed offers received will be deemed technically unacceptable, and the offeror shall not be considered for award.
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 bid bonds required. One electronic copy of each only.
Each technical factor and performance risk will be adjectivally rated. Each evaluator will prepare a narrative assessment identifying the strength, weakness, deficiencies, and risks of each technical and performance risk factor evaluated and assigns an adjectival rating. Narrative assessments shall not contain any conclusive statements or remarks without written justification and discussion of the conclusion. Following the individual ratings, a consensus will be reached within the SSEB.
Adequacy of Response: The proposal will be evaluated to determine whether the offeror's methods and approach have adequately and completely considered, defined, and satisfied the requirements specified in the solicitation. The proposal will be evaluated to determine the extent to which each requirement of the solicitation has been addressed in the proposal in accordance with the proposal submission section of the solicitation.
Offerors shall respond in writing to the evaluation factors listed below, in the same order as they appear in the 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.
Text: Text shall be at least single spaced, on 8 1/2 x 11-inch paper, with a minimum one-half inch margin all around. Pages shall be numbered consecutively. Pages submitted in excess of the page limitations stated throughout this document will not be evaluated. All documents must be submitted as an electronic copy.
Drawings: Drawings shall be submitted as an electronic copy.
Font Size: Print shall be of a minimum 12-point font size or a maximum 10 characters per inch (10-pitch, pica) spacing. Bolding, underlining, and italics may be used to identify topic demarcations or points of emphasis. Graphic presentations, including tables, while not subject to the same font size and spacing requirements, shall have spacing and text that is easily readable.
Proposals will be identified with the following information for each volume:
a. Construction Company Name
b. Physical Address of the Company
c. Telephone Number
d. Email address
e. VA Project Number (626A4-19-101)
f. VA Project Name (Renovate Ward 1B)
g. Solicitation number (36C24923R0114) Proposals shall contain all applicable information as required by the evaluation factors.
The Offeror shall submit one (1) electronic copy of the proposal to the office of Craig Ziegemeier, Contracting Officer at Email craig.ziegemeier@va.gov. by the date and time shown on the SF 1442. (Only electronic copies will be accepted).
Electronic Copy: Offerors shall include one copy of everything being submitted in MS Word, PDF and Excel format files only. If PDF is used, then each Section submitted shall be a separate file. For example, all required licenses must be one file, the technical proposal must be another file, and therefore there shall be more than one PDF copy of the proposals submitted via email.
craig.ziegemeier@va.gov Note: Offerors submission shall contain all pages of solicitation 36C24923R0114 as posted on contract opportunities Evaluation Factors:
This procurement will result in identifying the most highly qualified contractor based on Best Value FAR 15.101-1 Tradeoff, protecting the government's interest, and being consistent with the purposes and objectives of this project based on the following technical evaluation factors:
Factor 1: Contractor Experience Factor 2: Key Personnel Experience Factor 3: Past Performance Factor 4: Price Evaluation The ratings focus on strengths and weaknesses of the offeror's non-cost technical factors as demonstrated by the offeror's written proposal. Assigned ratings will reflect the consensus of the SSEB's assessment of the Experience and Past Performance contained within the offer. Offeror's responses to the factors will be rated Exceptional, Good, Satisfactory, Marginal, or Unsatisfactory and will be scored by the SSEB.
The following adjectival rating system will be used to determine the overall technical rating of each proposal:
Factor 1 – Contractor Experience
| Exceptional (E) |
| The Offeror has four (4) or more projects within the last ten (10) years of large-scale medical health care facility Ward renovation construction exceeding $5 Million magnitude for each project. |
| Good (G) |
| The Offeror has at least three (3) projects within the last ten (10) years of large-scale medical health care facility Ward renovation construction exceeding $5 Million magnitude for each project. |
| Satisfactory (S) |
| The Offeror has at least two (2) projects within the last ten (10) years of large-scale medical health care facility Ward renovation construction exceeding $5 Million magnitude for each project. |
| Marginal (M) |
| The Offeror has one (1) project within the last ten (10) years of large-scale medical health care facility Ward renovation construction exceeding $5 Million magnitude. |
| Unsatisfactory (U) |
| The Offeror has no project within the last ten (10) years of large-scale medical health care facility Ward renovation construction exceeding $5 Million magnitude. |
Factor 2 – Key Personnel Experience
| Exceptional (E) |
| The Project Manager (PM) has experience of four (4) or more medical health care facility Ward renovation construction projects within the last ten (10) years. Each project exceeded $5 Million magnitude. |
| Good (G) |
| The PM has experience of three (3) medical health care facility Ward renovation construction projects within the last ten (10) years. Each project exceeded $5 Million magnitude. |
| Satisfactory (S) |
| The PM has experience of two (2) medical health care facility Ward renovation construction projects within the last ten (10) years. Each project exceeded $5 Million magnitude. |
| Marginal (M) |
| The PM has experience of one (1) medical health care facility Ward renovation construction projects within the last ten (10) years. Each project exceeded $5 Million magnitude. |
| Unsatisfactory (U) |
| The PM has no experience of medical health care facility Ward renovation construction projects within the last ten (10) years. Each project exceeded $5 Million magnitude. |
Factor 3 – Past Performance The Government will evaluate an offeror's Past Performance using descriptive adjectives that most accurately define the offeror's performance risk considering all potential evaluation criteria identified in this section. Relevance will be considered in the overall Past Performance rating. Ratings will consider the offeror's Past Performance considering recency, relevancy, sources, context, and trends. The Past Performance evaluation will include, but is not limited, to the following:
Quality of service provided (workmanship) Timeliness of performance Cost Control Specification/Technical compliance Business practices Customer satisfaction Key personnel past performance Safety Infection Control Federal Law Compliance
Each offeror shall provide a maximum of three contract references from previous contract customers. Each contract reference shall be rated for recency, relevancy, and performance in accordance with FAR 15.305(a)(2).
RECENCY: Recency shall be defined as performance under contracts completed within the last five (5) years through proposal due date.
RELEVANCY: 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 successful and similar to the work in the requirement. Magnitude defines whether the amount of work in the reference is similar in scope to the amount of work that is to be performed in the requirement.
The following definitions shall apply to relevancy considering all the elements listed above;
VERY RELEVANT - Past/present performance efforts in a medical health care facility setting involving the magnitude of effort and complexities which are essentially what this solicitation requires;
RELEVANT - Past/present performance efforts involved less magnitude of effort and/or complexities, including some of what this solicitation requires;
NOT RELEVANT - Past/present performance efforts involved none or significantly less magnitude of effort and complexities, of what this solicitation requires.
The Government will evaluate and rate an offeror's Past Performance using descriptive adjectives that most accurately define the offeror's performance.
The following definitions apply to performance for each contract reference submitted for Past Performance evaluation.
| Exceptional |
| Performance exceeded many contractual requirements to the government’s benefit. The contractual performance of the element or sub-element being assessed was accomplished with no more than a few minor problems for which corrective actions taken by the contractor were highly effective. |
| Good |
| Performance exceeded some contractual requirements to the government’s benefit. The contractual performance of the element or sub-element being assess was accomplished with no more than a few minor problems for which corrective actions taken by the contractor were effective. |
| Satisfactory |
| Performance met contractual requirements. The contractual performance of the element or sub-element being assess was accomplished with no more than a few minor problems for which corrective actions taken by the contractor were satisfactory. |
| Marginal |
| Performance did not meet some contractual requirements. The contractual performance of the element or sub-elements being assessed reflects a serious problem for which the contractor has not yet identified corrective actions or the contractor’s proposed actions appear only marginally effective or were not fully implemented. |
| Unsatisfactory |
| Performance did not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element or sub-element contains a serious problem(s) for which the contractor’s corrective actions were ineffective. |
| Neutral/ Not Applicable or Unknown |
| No performance record identifiable within the area of evaluation. |
The government will ultimately evaluate each past performance reference for recency, relevancy, and performance to arrive at a past performance confidence rating as depicted below.
| Confidence Rating |
| Definition |
| High Confidence/Exceptional |
| Based on the offeror's performance record, essentially no doubt exists that the offeror will successfully perform the required effort |
| Significant Confidence/Good |
| Based on the offeror's performance record, little doubt exists that the offeror will successfully perform the required effort |
| Confidence/Satisfactory |
| Based on the offeror's performance record, some doubt exists that the offeror will successfully perform the required effort |
| Little Confidence/Marginal |
| Based on the offeror's performance record, substantial doubt exists that the offeror will successfully perform the required effort. Changes to the offeror's existing processes may be necessary in order to achieve contract requirements. |
| No Confidence/Unsatisfactory |
| Based on the offeror's performance record, extreme doubt exists that the offeror will successfully perform the required effort. |
| Unknown Confidence/Neutral |
| No performance record identifiable (FAR15.305(a)(2)(iii/iv)) |
PAST PERFORMANCE CONSIDERATIONS
The Past Performance proposal evaluation will consider such things as an offeror's business practices, customer relationship, and ability to successfully perform as proposed and other considerations considering recency, relevancy, sources, context, and trends. Past Performance includes current on-going (present) performance. Sources is defined as the source of the past performance information. Context is defined as the situation in which the past performance occurred. Trends may be defined as how often something occurs either good or bad.
The Government may evaluate present and past performance information through the use of questionnaires completed by the offeror's references; use data independently obtained from other Government or commercial sources, including, but not limited to Government databases; rely upon personal business experience with the offeror; and use the information provided in the Offeror’s Performance Relevancy Questionnaires.
The evaluation will also consider information provided relative to corrective actions taken to resolve problems on past or existing contracts and trends in performance.
The evaluation may take into account Past Performance information regarding predecessor companies, key personnel who have relevant experience, and/or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to this acquisition. If multiple subcontractors are provided for the same discipline, the government will use the lowest rated subcontractor in the evaluation.
Past Performance information on contracts not listed by the offeror, or that of planned subcontractors, may also be evaluated. The Government may contact references and contact parties other than those identified by the offeror, and information received may be used in the evaluation of the offeror’s Past Performance. While the Government may elect to consider data obtained from other sources, the burden of providing current accurate and complete Past Performance information rests with the offeror. The Government reserves the rights to obtain and evaluate Past Performance information from any source it deems appropriate.
An offeror with no Past Performance may receive a rating based on the evaluation of its predecessor companies, proposed key personnel, and/or subcontractors. These ratings may have the same importance as the ratings of the proposing company. If such information is not applicable (i.e., the offeror does not have a predecessor company, key personnel or subcontractors with relevant experience), the offeror shall be evaluated as "Neutral”. However, the proposal of an offeror with no relevant Past Performance history, while rated ”Neutral” in Past Performance, may not represent the most advantageous proposal to the Government and thus, may be an unsuccessful proposal when compared to the proposal of other offerors.
Factor 4 – Price Evaluation Total cost must be an evaluation factor in all best value procurements. Total cost is more than just the proposed contract prices/costs. It includes all projected Government costs as a result of accepting an offeror's proposal. In addition, the total cost evaluation should include the identification of any risks that may be associated with that portion of the of the offeror' s proposal.
Pricing will be evaluated in accordance with FAR 15.404 to determine reasonableness in relation to the solicitation requirements.
Price proposals will be evaluated to determine if the prices and support costs are:
Complete - The proposal contains costs to perform all tasks required by the Statement of Work (SOW)/Specifications.
Reasonable - The price is determined fair and reasonable using cost or price analysis.
The Government will conduct an evaluation of each offeror’s price proposal to determine whether or not each proposal complies with the stated criteria: "Reasonableness" and "Unreasonable".
Those proposals evaluated as not satisfying all of the price/cost criteria may be eliminated from consideration for award unless the Contracting Officer determines:
(1) A minor clerical error has occurred, then the offeror may be given an opportunity to correct the minor error within the constraints of the "clarifications" process or
(2) The Contracting Officer determines discussions are required.
Reasonableness of an offeror's proposal is evaluated through cost or price analysis techniques as described in FAR Subpart 15.305(a) (1) and (4). For price to be considered reasonable, it must represent a price that provides best value to the Government when consideration is given to prices in the market, (market conditions may be evidenced by other competitive proposals), technical and functional capabilities of the offeror. Proposals too high or low in price, when compared to the Government estimate, and market conditions evidenced by other competitive proposals received, may be indicative of an inherent lack of understanding of the solicitation requirements and may result in proposal rejection without discussion.
Any inconsistency between proposed performance and price must be clearly explained in the price proposal. For example, if unique and innovative approaches or conditions are the basis for an unbalanced and or inconsistently priced proposal, the nature of these approaches and their impact on price must be completely documented. The burden of proof of Price rests solely with the offeror.
Price is evaluated based on the Offeror’s total proposed price being complete, reasonable, and balanced given the proposed technical approach. The Offeror is directed to provide a cost breakdown of each CLIN itemized breakdown that will include material, quantities, unit prices, labor costs (separated into trades), construction equipment, etc. Include general condition items such as mobilization, overhead and profit on separate lines of the Price Schedule worksheet. The Government will evaluate the breakdown against the Independent Government Cost Estimate (IGCE) to determine if the proposal for the various CLIN Items are balanced and reasonable for the work to be performed. If only one (1) proposal is received or if a competitive range cannot be established, proposals will be evaluated by examining the different divisions of work to be performed to ensure that it is consistent with the Offeror’s Technical Proposal.
If a detailed price breakdown is not included in the Offeror’s price proposal, the contractor shall be excluded from further consideration for contract award. The Government reserves the right to cancel subject RFP and re-solicit via another mechanism if a fair and reasonable price cannot be determined.
(End of Provision)
2.10 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) Prime contractors are encouraged to assist service-disabled veteran-owned and veteran-owned small business potential subcontractors in obtaining bonding, when required. Mentor firms are encouraged to assist protégé firms under VA's Mentor-Protégé Program in obtaining acceptable bid, payment, and performance bonds, when required, as a prime contractor under a solicitation or contract and in obtaining any required bonds under subcontracts.
(End of Clause)
2.11 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)
(a) As an alternative to filing a protest with the Contracting Officer, an interested party may file a protest by mail or electronically with: Executive Director, Office of Acquisition and Logistics, Risk Management and Compliance Service (003A2C), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420 or Email: EDProtests@va.gov.
(b) The protest will not be considered if the interested party has a protest on the same or similar issue(s) pending with the Contracting Officer.
(End of Provision)
2.12 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)
(a) Any protest filed by an interested party shall—
(1) Include the name, address, fax number, email and telephone number of the protester;
(2) Identify the solicitation and/or contract number;
(3) Include an original signed by the protester or the protester’s representative and at least one copy;
(4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents;
(5) Specifically request a ruling of the individual upon whom the protest is served;
(6) State the form of relief requested; and
(7) Provide all information establishing the timeliness of the protest.
(b) Failure to comply with the above may result in dismissal of the protest without further consideration.
(c) Bidders/offerors and Contracting Officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation. (End of Provision)
REPRESENTATIONS AND CERTIFICATIONS
3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2022)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.
(2) The small business size standard is $45 Million.
(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition—
(i) Is set aside for small business and has a value above the simplified acquisition threshold;
(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives…
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