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Relocate CLC, Phase 4 539-326 Federal contract opportunity
Solicitation number
36C25019R0057
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 10

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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.

36C25019R0057 X 02-28-2019 539-19-1-2001-0002 539-326 Department of Veterans Affairs Network Contracting Office (NCO) 10 3140 Governor’s Place Blvd. Suite 210 Kettering

OH

45409-1337 Department of Veterans Affairs Network Contracting Office (NCO) 10 3140 Governor’s Place Blvd. Suite 210 Kettering

OH

45409-1337 Shellie Murphy 937-267-7688 Relocate CLC Phase 4 - Project Number: 539-326

The contractor shall provide all tools, equipment, material, permits, labor, and supervision required to complete Relocate CLC Phase 4 - Project Number: 539-326, in accordance with all contract documents, specifications and drawings for work to be performed at 3200 Vine St, Cincinnati VA Medical Center, Cincinnati, Ohio.

Completion time is 574 calendar days after receipt of the Notice to Proceed.

Magnitude of Construction: Between $5,000,000 and $10,000,000.

NAICS: 236220, Commercial and Institutional Building Construction Small Business Size Standard: $36.5M - Commercial and Institutional Building Construction

This solicitation is 100% set-aside for Service Disabled Veteran Owned Small Businesses. See VAAR Clause 852.219-10.

All offerors VetBiz certification listing must appear at the time of proposal due date and time and at time of award.

X X 52.211-10 X

10:00 AM EST

04-10-2019 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

COMPLETE AND ATTACH THE SCHEDULE OF THIS SOLICITATION

EMAIL ADDRESS: _____________________________________________

FEDERAL TAX ID NUMBER: _____________________________________

DUNDS NUMBER: ______________________________________________

539-36X0111-2001-854200-NRM-2580

Department of Veterans Affairs Network Contract Office (NCO) 10 3140 Governor’s Place Blvd. Suite 210 Kettering

OH

45409-1337 Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin

TX

78714-9971

JULIE STOUT

Table of Contents

PART I - THE SCHEDULE1
SECTION A - SOLICITATION/CONTRACT FORM1
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)– BACK2
A.3 SCHEDULE5
A.4 STATEMENT OF WORK7
A.5 INFORMATION REGARDING PROPOSAL MATERIAL, BID GUARANTEE AND BONDS8
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS13
2.1 INSTRUCTION TO OFFERORS13
E-mail Submission Procedures: For simplicity in this guidance, all submissions in response to a solicitation will be referred to as offers.18
2.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)19
2.3 52.209-13 VIOLATION OF ARMS CONTROLS TREATIES OR AGREEMENTS—CERTIFICATION (JUN 2018)20
2.4 52.215-5 FACSIMILE PROPOSALS (OCT 1997)22
2.5 52.216-1 TYPE OF CONTRACT (APR 1984)23
2.6 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014)23
2.7 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)23
2.8 52.228-1 BID GUARANTEE (SEP 1996)24
2.9 52.233-2 SERVICE OF PROTEST (SEP 2006)25
2.10 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)25
2.11 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)26
2.12 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (SEP 2018)26
2.13 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (SEP 2018)27
2.14 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)27
REPRESENTATIONS AND CERTIFICATIONS28
3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)28
GENERAL CONDITIONS32
4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)32
4.2 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)32
4.3 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ALTERNATE I (APR 1984)33
4.4 52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (SEPT 2000)33
4.5 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)33
4.6 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)35
4.7 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)35
4.8 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010)36
4.9 52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (OCT 2016) ALTERNATE I (MAY 2014)37
4.10 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014) ALTERNATE II (JUN 2009)41
4.11 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997) ALTERNATE II (APR 1984)42
4.12 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)44
4.13 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)44
4.14 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)46
4.15 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)47
4.16 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)48
4.17 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)48
4.18 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)48
4.19 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (JUL 2002)50
4.20 VAAR 852.236-72 PERFORMANCE OF WORK BY THE CONTRACTOR (JUL 2002)50
4.21 VAAR 852.236-74 INSPECTION OF CONSTRUCTION (JUL 2002)51
4.22 VAAR 852.236-76 CORRESPONDENCE (APR 1984)51
4.23 VAAR 852.236-77 REFERENCE TO "STANDARDS" (JUL 2002)51
4.24 VAAR 852.236-78 GOVERNMENT SUPERVISION (APR 1984)51
4.25 VAAR 852.236-79 DAILY REPORT OF WORKERS AND MATERIAL (APR 1984)52
4.26 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 1984)52
4.27 VAAR 852.236-84 SCHEDULE OF WORK PROGRESS (NOV 1984)52
4.28 VAAR 852.236-85 SUPPLEMENTARY LABOR STANDARDS PROVISIONS (APR 1984)53
4.29 VAAR 852.236-86 WORKER'S COMPENSATION (JAN 2008)53
4.30 VAAR 852.236-87 ACCIDENT PREVENTION (SEP 1993)53
4.31 VAAR 852.236-88 CONTRACT CHANGES--SUPPLEMENT (JUL 2002)53
4.32 VAAR 852.236-90 RESTRICTION ON SUBMISSION AND USE OF EQUAL PRODUCTS (NOV 1986)55
4.33 VAAR 852.236-91 SPECIAL NOTES (JUL 2002)56
4.34 MANDATORY WRITTEN DISCLOSURES57
4.35 ATTACHMENTS57

A.3 SCHEDULE

The contractor shall furnish all labor, equipment, materials, and supervision to Relocate the Community Living Center (CLC), Phase 4 located at the Cincinnati VAMC, Ohio In Accordance With (IAW) Specifications and Drawings.

The contractor shall provide three (3) prices; Line Item 0001, Line Item 0002, (Alternate Deduct Pricing one (1)), and Line Item 0003, (Alternate Deduct Pricing two (2)). See the Specifications and Drawings for details regarding the three (3) requested pricing. The contractor shall include prices for all items listed in the pricing schedule and include all costs associated for work in the Specifications and Drawings, whether or not specifically listed in the pricing schedule. Work will be accomplished at the Cincinnati VAMC at 3200 Vine Street, Cincinnati, OH 45220.

CLIN
Description
Qty
Unit of issue

Firm Fixed Price Lump Sum Total amount

0001
Item One

(SEE SPECIFICATIONS AND DRAWINGS FOR DETAILS)

Provide all work as described by attached drawings, specifications, and Wage Determinations for Veterans Administration project VA Project 539-326: Relocate the CLC, Phase 4 at the Cincinnati VAMC as described in the attached specifications and drawings. Price includes all costs for construction. Cost shall include direct and indirect costs including profit, overhead, general and administration, insurance, labor, bonds, taxes. The construction performance period is 574 calendar days from receipt of notice to proceed.

1
Job
$_________
0002
Alternate Deductive Pricing One (1)

(SEE SPECIFICATIONS AND DRAWINGS FOR DETAILS)

Provide all work as described by attached plans, specifications, and Wage Determinations for Veterans Administration project VA Project 539-326: Relocate the CLC, Phase 4 at the Cincinnati VAMC and as described in the attached specifications and drawings. Price includes all costs for construction except landscaping, all exterior concrete walks, all new asphalt paving, roof garden glass screen wall, roof garden pavers, all patient lift motors (structural support and rail to remain in the pricing), HVAC pump, and hot water converter as represented on applicable sheets indicated in the proposal it matrix (see Attachment 8). Cost shall include direct and indirect costs including profit, overhead, general and administration, insurance, labor, bonds, taxes. The construction performance period, does not change if awarded with this deduct, is 574 calendar days from receipt of notice to proceed.

1
Job
$_____________
0003
Alternate Deductive Pricing Two (2)

(SEE SPECIFICATIONS AND DRAWINGS FOR DETAILS)

Provide all work as described by attached plans, specifications, and Wage Determinations for Veterans Administration project VA Project 539-326: Relocate the CLC, Phase 4 at the Cincinnati VAMC and as described in the attached specifications and drawings. Price includes all costs for construction except Line Item 0002 and the fit-out of approximately 2,566 SF on the second floor, primarily consisting of all interior construction, mechanical, and electrical work associated with the six patient rooms, as represented on applicable proposal items matrix (see Attachment 8). Cost shall include direct and indirect costs including profit, overhead, general and administration, insurance, labor, bonds, taxes. The construction performance period, if this deduct is awarded, is 560 calendar days from receipt of notice to proceed.

1
Job
$_________

NOTE 1: Offerors shall provide prices on Alternate Deductive Pricing One (1) and Alternate Deductive Pricing Two (2). Line Item One (1) shall be priced inclusive of the Line Item Two (2) and Line Item Three (3). Line Item Two (2) shall have its own price exclusive of the details in the Line Item (exclude the work detailed in the Line Item), Line Item Three (3) shall have its own price exclusive of Line Item Two (2) and the detailed work in Line Item Three (3).

NOTE 2: It is the intent of the VA to make a single award on Line Item One (1), but in the event the low responsive and responsible offer exceeds the funds available, a single award will be made on Line Item Two(2), Alternate Deduct and so on in that order of precedence based on available funding.

A.4 STATEMENT OF WORK

Minor Construction Project 539-326 Relocate Community Living Center (CLC), Phase 4

This project will construct a 16-bed CLC addition to the south house of Building #2 at the Cincinnati VA Campus. This 14,600-sf addition will add a new 2nd floor to the existing Short-Term Rehab facility which is currently occupied and will need to continue to function during construction. The project will include general construction, civil/site work, plumbing, electrical and mechanical work. Anticipated duration of construction is 574 calendar days.

A.5 INFORMATION REGARDING PROPOSAL MATERIAL, BID GUARANTEE AND BONDS

TYPE OF SET-ASIDE

THIS SOLICITATION IS A 100% SET-ASIDE FOR

SERVICE DISABLED VETERAN OWNED SMALL BUSINESSES

SEE THE SOLICITATION FOR ELIGIBILITY REQUIREMENTS

DATABASE REGISTRATION INFORMATION

SYSTEM FOR AWARD MANAGEMENT REGISTRATION: The System for Award Management (SAM) is the Official U.S. Government system that consolidated the capabilities of the Central Contractor Registration (CCR including FedReg), Online Representations and Certifications Application (ORCA), and the Excluded Parties List System (EPLS). Federal Acquisition Registrations require that federal contractors register in SAM at www.sam.gov and enter all mandatory information into the system. Warning: Award cannot be made to unregistered contractors. If not registered, you are advised to do so immediately. If registration is not active within 14 calendar days after the date proposal are opened the proposal may be considered non-responsive and thereafter rejected.

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 www.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-4212A, Federal Contractor Veterans' Employment Report (VETS-4212 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, you may check the following website: http://www.dol.gov/vets/programs/fcp/main.htm. See FAR provision 52.222-38, Compliance with Veterans' Employment Reporting Requirements (SEP 2010) under the Representations, Certifications and Other Statements of Offerors, and FAR clause 52.222-37, Employment Reports Veterans (SEP 2010) under the General Conditions.

BONDING INFORMATION

BID GUARANTEE: A bid guarantee is required in an amount not less than 20 percent of the proposal price but shall not exceed $3,000,000. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for submission of proposals, shall require rejection of the proposal in all cases except those listed in Federal Acquisition Regulation (FAR) 28.101-4. Bid Bonds must be provided using Standard Form 24 (see FAR 28.106-1) and the form must be provided in original (no white outs, faxed or copied signatures, seals) with `wet ink' signatures and contain the proper solicitation number, proposal due date, and be from a corporate surety listed in Department of Treasury Circular 570. An original, ‘wet ink” signature, bid guarantee shall be mailed to SF 1442, Block 7 prior to the proposal due date and time, located in block 13a. Individual sureties have to be acceptable to the Contracting Officer (see FAR 28.203) and be accompanied by Standard Form 28 Affidavit of Individual Surety. Other forms of bid security are acceptable as denoted in FAR Part 28.203-2.

PERFORMANCE AND PAYMENT BONDS: Payment and Performance bonds are due no later than 10 days after notification of award. Bonds must be provided with original ‘wet ink’ signatures - no white outs or other corrections are allowable. Copies and facsimiles of bonds shall not be accepted.

SECURITY

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

Levels and associated types of Background Investigations:

· If the project requires that workers have only limited physical access to the VA facility for a period of one year or less, a local flash badge with fingerprint check is issued.

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

· If the project requires that workers have un-supervised, full-time, logical, and/or physical access for more than 6 months or more than 180 aggregate days in a one year period, a background investigation is required (Special Agency Check and National Agency Check with Written Inquiries (NACI)) and access is not allowed until a favorable SAC completion.

All costs for SAC and NACI checks are borne by the contractor. The VA may at its discretion make deductions against the contract to recoup the investigation costs. Current cost for a SAC is $25.00 per employee and the current cost for a NACI check is $122.00 per employee (subject to change at any time).

MEDICAL CENTER ACCESS: Anyone participating in the site visit, or for any other reason that involves visiting the medical center related to this solicitation, must have a valid ID on your person and your vehicle must be properly registered and insured. Visitors are prohibited from possessing weapons while on a federal installation (See 18 USC 930 – Possession of Firearms and Dangerous Weapons in Federal Facilities). Handheld cellphone use or texting while driving is also prohibited. All VA Medical Centers and associated properties are Federal Property.

PRIVACY TRAINING: All workers regardless of project length must take VA Privacy Training which will be coordinated after project award with the Contracting Officer’s Representative.

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.)

OTHER IMPORTANT OFFORER INFORMATION

OSHA SAFETY OR ENVIRONMENTAL VIOLATIONS AND EXPERIENCE MODIFICATION RATE: Prior to award, the apparently successful offeror shall be required to provide the following information pertaining to their past Safety and Environmental record: (1) Certification that the business has had 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 (a form will be provided for this purpose); (2) Certification (provided by the business’s insurance carrier) that the offeror’s Experience Modification Rate (EMR) is equal to or less than 1.0.

Self-insured contractors or other contractors that cannot provide their EMR rating from an insurance carrier must obtain a rating from the National Council on Compensation Insurance, Inc. (NCCI) by completing and submitting form ERM-6 and providing the rating on letterhead from NCCI. Note: Self-insured contractors or other contractors that cannot provide EMR rating from their insurance carrier 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.

Having an EMR greater than 1.0 or the non-provision of EMR rating certification as described above could result in the apparently successful offeror being found non-responsible and thus ineligible for contract award.

CONFORMANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS: The Contractor shall perform work under this contract consistent with the relevant policy and objectives identified in the agency, organizational, or facility Green Environmental Management System (GEMS) applicable for your contract. The Contractor shall perform work in a manner that conforms to all appropriate Environmental Management Programs and Operational Controls identified by the agency, organizational, or facility GEMS, and provide monitoring and measurement information as necessary for the organization to address environmental performance relative to the environmental, energy, and transportation management goals. In the event an environmental nonconformance or noncompliance associated with the contracted services is identified, the contractor shall take corrective and/or preventative actions. In the case of a noncompliance, the Contractor shall respond and take corrective action immediately. In the case of a nonconformance, the Contractor shall respond and take corrective action based on the time schedule established by the facility GEMS Coordinator. In addition, the Contractor shall ensure that their employees are aware of the roles and responsibilities identified by the environmental management system and how these requirements affect their work performed under this contract.

All on-site contractor personnel shall complete yearly EPA sponsored environmental training specified for the type of work conducted on-site. Upon inclusion of (Specification Section 01 45 29-3) in the contract, the Contracting Officer's Representative will verify that all contractor personnel have acquired EMS Awareness Training at their appropriate site or location.

REFERENCES TO VA ENGINEER, RESIDENT ENGINEER, SENIOR RESIDENT ENGINEER, OR PROJECT MANAGER: Any reference contained within contract specifications and/or drawings to the “VA Engineer”, “Resident Engineer”, “Senior Resident Engineer”, “Project Manager”, or their abbreviations are to be replaced with “Contracting Officer’s Representative (COR)”.

PAYMENT FOR MATERIALS STORED OFF-SITE: Payment in advance of installation for materials stored off-site is not authorized under this contract.

SCHEDULE OF MATERIAL SUBMITTALS: The submittals contemplated by FAR 52.236-5, Material and Workmanship, are listed on the attached Schedule of Material Submittals.

PROGRESS SCHEDULE: The progress schedule contemplated by FAR 52.236-15 Schedules for Construction Contracts and VAAR 852.236-84 Schedule of Work Progress shall be provided within 10 calendar days after receipt of the Notice to Proceed. Be advised that contracts that contain any of the following specification sections contain specific schedule requirements above and beyond those cited in the contract clauses: 01 32 16.13 and 01 32 16.15.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 INSTRUCTION TO OFFERORS

PROPOSAL SUBMISSION: This is a Request for Proposal in accordance with FAR Part 15. Potential offerors must follow all instructions in order to be compliant with the solicitation. The following documents are to be included in the proposal submission: (1) An original, fully completed and signed SF 1442 Offer page, (2) Acknowledgment of any amendments issued either via completing block 19 of the SF1442 or completing blocks 15a, b, and c of the Amendment and attaching to the SF 1442 Offer page; (3) An original, fully completed proposal schedule (4) Completed Representations and Certifications section (FAR 52.204-8) (FAR 52.209-13) (5) Filled out EMR Form, and (6) Past Performance Questionnaires.

Offerors are responsible for insuring and verifying their proposal and all required documents, except the Bid Guarantee which will be mailed, are received to Shellie Murphy via e-mail prior to the due date and time.

PROJECT INFORMATION

REQUESTS FOR INFORMATION (RFI): To obtain clarifications and/or additional information concerning the contract requirements, specifications and/or drawings, submit a written RFI utilizing the RFI Form attached to this Solicitation, send via email to shellie.murphy@va.gov. The subject line of the email must read ‘RFI – 36C25019R0057. RFIs must be specific identifying section, paragraph and page no. of the specifications and must be in question format. All RFIs submitted shall include the solicitation number and title, contractor name, city, state, telephone, email address, date submitted, and the RFI question(s). RFI responses will be posted to www.fbo.gov as necessary in amendment format. Deadline for submission of RFIs for this solicitation is 10:00 AM (EST) on 26 March 2019. Questions shall be submitted at one time. Do not submit separate questions, they will be submitted via one e-mail. No questions will be answered after this date unless determined to be in the best interest of the Government as deemed by the Contracting Officer. Telephone requests for information will not be accepted or returned.

SELECTION CRITERIA/PROPOSAL PREPARATION INSTRUCTIONS

The source selection process will be conducted utilizing FAR part 15.101-2 – Lowest Price Technically Acceptable Source Selection Procedures. Offers will be evaluated using the following evaluation factors:

Factor 1 – Technical Sub-Factor 1 - Construction Experience Sub-Factor 2 - Key Personnel Sub-Factor 3 - Construction Schedule Sub-Factor 4 - Safety Factor 2 – Past Performance Factor 3 – Price

The LPTA solicitation, which is best value resulting from selection of the technically acceptable proposal with the lowest fair and reasonable price. Price will only be considered after Factors 1 - 3 have been found to be considered “Technically Acceptable.”

Factors 1 and 2 must all be acceptable to be considered for an award. The offeror that is rated with the lowest fair and reasonable price shall be selected if the Technical Evaluation, to include each sub-factors; Construction Experience, Key Personnel, Construction Schedule, Past Performance, and Safety factors are rated “Technically Acceptable.”

Factor 1 – Technical to include the sub-factors (Construction Experience, Key Personnel, Construction Schedule, Past Performance, and Safety) must all be acceptable (Past Performance may be rated Neutral) to be considered for an award. Price will only be considered after Factors 1 and 2 have been found to be considered “Technically Acceptable.”

The distinction between experience and past performance is that construction experience pertains to the volume of work completed by a contractor that are comparable to the types of work described under the definition of recent, relevant projects, in terms of size, scope, and complexity. Past performance pertains to both the relevance of recent efforts and how well a contractor has performed on the contracts.

Factor -1 Technical Sub-Factor 1 - Construction Experience:

(a) Submit a minimum of one (1) and a maximum of three (3) relevant construction projects for the offeror that best demonstrates your experience on relevant projects that are similar in size, scope, and complexity to the RFP. The offeror shall have relevant construction experience as a prime construction contractor directly responsible to the owner and managing multiple subcontractors. For purposes of this evaluation, a relevant project is further defined as a project that included renovations to an active medical building/facility. Project(s) shall have a minimum value of $5M and shall have been completed within the past five years from the issuance of the RFP.

The offeror shall provide the following information for each project example: description/narrative/photos of the project, scope, location, construction contract award amount and final construction cost, the construction start date, original contract finish date and the actual finish date. Include signed teaming agreements that would be applicable on joint-venture or other teaming arrangements. Narratives on each project should include a brief overview and photo(s) and address the relevance to the solicited project. For each project provide the name, address, telephone number, e-mail address, and fax number of a representative of the owner/customer and an alternate individual not affiliated with your firm who is familiar with your firm and familiar with your firm’s experience on the project. Project narratives should identify applicable construction experience for government and non-government construction projects

(b) Basis of Evaluation:

In order to be considered acceptable for this factor, the offeror must demonstrate construction experience as a prime construction contractor directly responsible to the owner and managing multiple subcontractors on a minimum of one (1) project as a project that included renovations to an active medical building/facility. Project(s) shall have a minimum value of $5M and completed within the past five years from the issuance of the RFP.

Sub-Factor 2 - Key Personnel:

(a) Submit the resumes for each key personnel that will be assigned on this project. This tab should include data on the following personnel:

1. Construction Project Manager

2. Construction Project Superintendent

The proposal should clearly present the technical experience of each person. Each resume should include the following information: Name, position for this project, company employing the person, education, degree and professional registration, past project experience (including person’s role and acting capacity served on each project), as well as the dates (beginning and ending with month and year), and the monetary size of each project listed. Resumes should be listed in reverse chronological order with the latest experience listed first and with all-time gaps accounted for and fully explained for each person’s work history of the past five years from the date of issuance of this RFP.

(b) Basis of Evaluation:

In order to be considered acceptable for this factor, the offeror must indicate that each key person indicated above (Project Manager and Project Superintendent) demonstrate experience in the same role proposed on a project(s) that included exterior and/or interior renovations included renovations to an active medical building/facility. Project(s) shall have a minimum value of $5M, within the past five years from the issuance of the RFP.

Sub-Factor 3 - Construction Schedule:

(a) Solicitation Submittal Requirements:

Prepare and submit a practicable construction schedule showing all necessary work elements to complete the project identified under this solicitation. The schedule must be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the performance period. The submitted schedule must be developed using project scheduling software such as MS Project, Primavera, or any other comparable form.

Each offeror's construction schedule must address the following:

· Order of work elements to include project phasing

· Number of days for each work element

· Identification of long lead time materials

· Identification of separate work elements

The proposed schedule must include the activities which are consistent with those described within the project specifications and drawings and must not exceed the Government's maximum allowable performance period, as noted in FAR Clause 52.211-10. For scheduling purposes, assume an award date of June 1, 2018.

(b) Basis of Evaluation:

The offerors proposed construction schedule will be evaluated relative to overall coordination of the construction phase, to include ability to identify all necessary work elements of the specific project, and the offerors ability to schedule the activities in a logical sequence and within the time required in this solicitation. The proposed schedule must include the activities which are consistent with those described within project specifications, and drawings and must not exceed the Government's maximum allowable performance period, as noted in FAR Clause 52.211-10. Days are calculated on a calendar day basis, not business days.

Sub-Factor 4 – Safety

(a) Solicitation Submittal Requirements:

The Offeror shall submit the following information: (For a partnership or joint venture, the following submittal requirements are required for each Contractor who is part of the partnership or joint venture and for the entity itself. EMR shall not be submitted for subcontractors.)

(1) OSHA or EPA Violation(s):

Offerors shall provide a letter or OSHA Form 300A Summary of Work-Related Injuries and Illnesses to further substantiate this information affirming that the offeror has no more than three serious, or one repeat, or one willful OSHA or EPA violation(s) in the past 3 years.

(2) Experience Modification Rate (EMR):

Offerors shall provide documentation to show that the offeror has an Experience Modification Rate (EMR) of equal to or less than 1.0.

(b) Basis of Evaluation: The Government will evaluate the documentation to ensure that the contractor has no more than three serious, or one repeat, or one willful OSHA or EPA violations(s) in the past three years; and must have an Experience Modification Rate (EMR) of equal to or less than 1.0.

NOTE: Failure to submit the OSHA or EPA violation documentation and EMR will result in the proposal being considered technically unacceptable and an overall rating of unacceptable will be assigned.

Factor 2 – Past Performance:

(a) Solicitation Submittal Requirements: Offerors shall provide past performance information on completed contracts (including Federal, State, local government or private) to demonstrate their ability to perform the proposed work identified within the Specifications and Statement of Work. If a completed Contractor Performance Assessment Reporting System (CPARS) evaluation is available, it shall be submitted with the proposal for each project included in Factor 1 for construction experience. The Government may also evaluate recent and relevant, as defined in Factor 1, past performance based upon sources available to the contracting officer that may include Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS) and Electronic Subcontract Reporting System (eSRS). IF THE OFFEROR CANNOT PROVIDE A CPARS FOR PROJECTS LISTED IN FACTOR 1, then the offeror shall submit Past Performance Questionnaires (PPQ) (see Attachment 4) for each project included in Factor 1. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs.

Completed PPQs should be submitted directly from your client via email to Shellie Murphy at shellie.murphy@va.gov. If you have any questions, please contact Shellie Murphy at 937-267-7688. If the offeror is unable to contact a client for a project(s) before proposal closing date, the offeror should complete and submit with the proposal the first page of the PPQ, which will provide contract and client information for the respective project(s). Offerors should follow-up with clients/references to ensure timely submittal of questionnaires.

(b) Basis of Evaluation:

In order to be considered acceptable for this factor the offeror must have received satisfactory or better evaluations on a minimum of one (1) recent and relevant project as defined in Sub-Factor 1.

In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror may not be evaluated favorably or unfavorably on past performance.

Factor 3 – Price:

(a) Solicitation Submittal Requirements:

· Standard Form 1442, Solicitation Offer and Award

· All pages of the SF1442 Continuation Sheet

(b) Basis of Evaluation: The Government will evaluate price based on the total CLIN price. Analysis will be performed by one or more of the following techniques to ensure a fair and reasonable price:

· Comparison of proposed prices received in response to the RFP

· Comparison of proposed prices with the IGCE.

· Comparison of proposed prices with available historical information.

This acquisition will be a competitive acquisition utilizing FAR Part 15 source selection employing lowest price technically acceptable (LPTA) source selection procedures. Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors.

If the offeror communicates in its proposal any qualifications, exclusions, or conditions to the proposed prices not provided for in the Contract Documents, then the Contracting Officer shall reject the proposal and exclude the Offeror from further discussions and consideration for award.

NOTE: no assumptions or exceptions will be accepted.

PROPOSAL REQUIREMENTS

General – Both technical and price proposal shall be submitted in response to this solicitation. Proposals shall be submitted via email to shellie.murphy@va.gov. Emails are limited to five (5) MB. The proposal, in its entirety, shall not exceed two emails (one email for price proposal, and one email for technical proposal) of 5MB each. Technical proposals (not including past performance questionnaires) are limited to 30 pages. Price shall be in a separate electronic document from the technical and past performance portions of the proposal. The offeror’s technical response shall clearly address each evaluation factor listed in this solicitation. Failures to submit in the format required and clearly address those factors may result in rejection of the offer. Further details on electronic submission are outlined below. Offerors shall include all required Representations and Certifications and complete their registration in System for Award Management (SAM). See FAR 52.204-7 and 52.204-8, of this solicitation.

Proposals shall be received by 10:00 AM EST on 10 April 2019. There will be no public opening of the proposals. Submit proposals to: shellie.murphy@va.gov.

REQUIREMENTS FOR ELECTRONIC SUBMISSION OF OFFER

Unless paper offers are specifically authorized in an individual solicitation, all responses to solicitations must be submitted electronically as described below. Responses submitted in a paper form are unacceptable. Failure to comply with this requirement may jeopardize the possibility of receiving an award for the contract due to noncompliance with the terms of the solicitation. You must submit your electronic offer, and any supplemental information (such as spreadsheets, backup data, technical information), using any of the electronic formats and media described below.

In addition, contractors are notified of the award via an electronic Notice of Award e-mail. The award document will be attached to the Notice of Award e-mail.

Acceptable Electronic Formats (Software) for Submission of Offers

1. Files readable using the current Microsoft© Office version Products: Word, Excel, PowerPoint, or Access. Print or scan images of spreadsheets are not acceptable. Please see security note below for caution regarding use of macros. When submitting construction drawings contractors are required to submit one set in AutoCAD and one set in Adobe PDF. (purpose: contracting can open the PDF version and engineering can open AutoCAD files)

1. Files in Adobe© PDF (Portable Document Format) Files: When scanning documents scanner resolution should be set to 200 dots per inch, or greater.

1. Other electronic format. If you wish to submit an offer using another format other than described in these instructions, e-mail the Contracting Officer who issued the solicitation. Please submit your request at least ten (10) calendar days before the scheduled closing date of the solicitation. Request a decision as to the format acceptability and make sure you receive approval of the alternate format before using it to send your offer.

1. Please note that we can no longer accept .zip files due to increasing security concerns.

E-mail Submission Procedures: For simplicity in this guidance, all submissions in response to a solicitation will be referred to as offers.

a. Subject Line: Include the solicitation number, name of company, and closing date of solicitation. Use only one of the terms Quotation, Offer, or Bid depending on the solicitation type.

b. Size: Maximum size of the e-mail message shall not exceed five (5) megabytes. Only one email is permitted unless otherwise stated in this solicitation or in writing by the Contract Officer submitting the solicitation.

c. Unless approved by the contracting officer: DO NOT submit a link to your PDF documents. Please submit your request in an email for other electronic format at least ten (10) calendar days before the scheduled closing date of the solicitation. Request a decision as to the format acceptability and ensure you receive approval of the alternate format before using it to send your offer.

Each electronic offer must also include a signed and scanned SF-1442, Solicitation, Offer, and Award (Construction, Alteration, or Repair)

The Microsoft Outlook © Email time/date stamp will be used to date and time stamp offers for the official record of receipt for the submission. The date and time stamp in recipients “inbox” is the official record of receipt.

Security Issues, Late Bids, Unreadable Offers

1. Late submission of offers are outlined at FAR 52.215-1(c)(3). Particular attention is warranted to the portion of the provision that relates to the timing of submission.

1. Please see FAR 15.207(c) for a description of the steps the Government shall take with regard to unreadable offers.

1. To avoid rejection of an offer, vendors must make every effort to ensure their electronic submission is virus-free. Submissions or portions thereof submitted and which the automatic system detects the presence of a virus or which are otherwise unreadable will be treated as “unreadable” pursuant to FAR 15.207(c).

1. The virus scanning software used by our e-mail systems cannot always distinguish a macro from a virus. Therefore, sending a macro embedded in an e-mail message or an e-mail attachment may cause the e-mail offer to be quarantined. You may send both the spreadsheet and the spreadsheet saved in PDF format to ensure that your proposal is readable.

1. Password protecting your offer is not permitted. The Contracting Officer will file the offer electronically which will allow access only by designated individuals.

2.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision— "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

"Federal contracts and grants with total value greater than $10,000,000" means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of Provision)

2.3 52.209-13 VIOLATION OF ARMS CONTROLS TREATIES OR AGREEMENTS—CERTIFICATION (JUN 2018)

(a) This provision does not apply to acquisitions below the simplified acquisition threshold or to acquisitions of commercial items as defined at FAR 2.101.

(b) Certification. [Offeror shall check either (1) or (2).]

(1) The Offeror certifies that—

(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President’s or Secretary of State’s determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a…

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