36C25518R0539-001.docx

36C25518R0539

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.

36C25518R0539 X 08-07-2018 36C25518R0539 589-334 36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth

KS

66048 Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth

KS

66048 Mathena, Jeanette 913-946-1129 The Department of Veteran Affairs, NCO 15, intends to award a Construction Contract for project 589-334, Expand Pharmacy/Lobby at the Harry S TrumanVA Medical Center, Columbia, Missouri.

The NAICS CODE for this project is 236220, General Construction Contractors.

SEE PAGE 3 for continuation of Block 10 information.

** Page 4 x x 52.211-10 X

1 DVD

2:00 PM CDT

09-06-2018 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

SEE BID ITEMS PAGE 4

36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth

KS

66048 36C255 Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp Austin

TX

877-353-9791 512-460-5429 x

SF 1442 Block 10 Continuation information

The Department of Veteran Affairs, NCO 15, intends to award a Construction Contract for project 589-334, Expand Pharmacy/Lobby located at the Harry S. Truman VA Medical Center, Columbia, MO.

This project is being solicited as a Service Disabled Veteran Owned Small Business (SDVOSB) set-aside.

Proposals received in response to this solicitation will be evaluated in accordance with the Federal Acquisition Regulation FAR 15.101-2, Best Value Lowest Price Technically Acceptable (LPTA) source selection process.

NOTE: The term offer and bid are interchangeable for this solicitation.

Those offerors not providing the documentation outlined in the "Instructions to Offerors" will be rated unacceptable to the terms of the solicitation. The NAICS code for this project is 236220 General Construction Contractors.

VENDOR DUNS NUMBER:_____________________________________

Estimate of the construction magnitude for this project is between $5 to $10 MILLION.

There will be one site visit for this project by August 14 at 2;30 PM CDT. Vendors will check in at the Facilities office Trailer BLDG 22 before meeting in Room

Submit questions pertaining to this project by August 23, 2017 by 4:00 PM CDT.

**HAND DELIVERED OR MAILED PROPOSALS MUST BE DELIVERED TO:

DEPARTMENT OF VETERAN AFFAIRS, NCO 15

ATTENTION: JEANETTE MATHENA

3450 S. 4TH STREET

LEAVENWORTH, KANSAS 66048

CALL ONE OF THE FOLLOWING NUMBERS FOR PROPOSAL DOCUMENTS TO BE RECEIVED UPON ARRIVAL: 913-946-1129, 913-946-1126.

A single award will be made on Bid Item 1A and 1B, but in the event the bid exceed the funds available a single award will be made to one of the deduct bid items page 1 and 2. All contractors and joint ventures must be registered in SAM and CVE certified in VIP by the proposal due date in order to be eligible for award.

NOTICE: Clause 52.222-37 Employment Reports on Disabled Veterans and Veterans is incorporated by reference in this solicitation. Public Law (P.L. 105-339), Section 1354 provides that no agency may enter into a contract with a contractor who has not filed a VETS-4212 report for the preceding fiscal year under Title 38 Section 4212 (d).

** PERIOD OF PERFORMANCE WILL VARY DEPENDING ON BID ITEMS AWARDED. SEE BID ITEMS PAGE 4 or Specifications 01 00 00 for periods of performance for respective bid items.

BID ITEMS

A. BID ITEM #1: RENOVATE MAIN LOBBY and EXPAND PHARMACY AND LOBBY:

BID ITEM #1A: RENOVATE MAIN LOBBY: includes all scope communicated in the drawings and specifications which includes the complete renovation of the main lobby. The scope of work involves selective interior demolition. Period of Performance 240 Calendar Days.

BID ITEM #1B: EXPAND PHARMACY AND LOBBY: includes all scope communicated in the drawings and specifications which includes the complete renovation of the first floor transcription office, travel, telehealth imaging, pharmacy, cashier and surrounding areas, and second floor existing bronze clinic and new pharmacy and eye clinic additions. The scope of work involves hazardous materials abatement and selective interior demolition. Period of Performance 430 calendar Days.

B. BID ITEM #2: EXPAND PHARMACY AND LOBBY: includes all scope communicated in the drawings and specifications which includes the complete renovation of the first floor transcription office, travel, telehealth imaging, pharmacy, cashier and surrounding areas, and second floor existing bronze clinic and new pharmacy and eye clinic additions. The scope of work involves hazardous materials abatement and selective interior demolition. This bid item removes the all work for the Main Lobby Specifications and Drawings. Period of Performance 430 Calendar Days.

C. BID ITEM #2A: EXPAND PHARMACY AND LOBBY – BID DEDUCT #1: all work in Bid Item #2 with the following exceptions:

a. In lieu of three new exam rooms, F265-F267, provide a storage room. Refer to the drawings and specifications for additional information. Period of Performance 415 Calendar Days.

D. BID ITEM #2B: EXPAND PHARMACY AND LOBBY – BID DEDUCT #2: all work in Bid Item #2A with the following exceptions: a. In lieu of the new pharmacy addition complete with consult rooms, swamp, office, pharmacy work and vault, provide only one new storage room and electrical room with a corridor accessing the north exit door. The new construction shall include the thickened slab for a future vault. All civil work related to this area shall remain in the scope of work. Period of Performance 400 Calendar Days.

Table of Contents

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

1.1 PROPOSAL SUBMITTAL INSTRUCTIONS

FOR LOWEST PRICE TECHNICALLY ACCEPTABLE COMPETITION

SOLICITATION: 36C25518R0539

PROJECT: Expand Pharmacy and Lobby project # 589-334 LOCATION: Department of Veteran Affairs, Columbia, Missouri VAMC

1. PREPARATION AND SUBMITTAL OF PROPOSALS

a. GENERAL INFORMATION.

Selection of an offeror for contract award will be made on the basis of an assessment of each offeror’s response to the Request for Proposal (RFP). As a Request for Proposal (RFP) based on Lowest Price Technically Acceptable (LPTA) Source Selection Process, in accordance with Federal Acquisition Regulation (FAR) Part 15.101-2, the VA will make the award based on the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-price factors. The Seven (7) evaluation factors for determination of technical acceptability consist of:

1. Relevant Past Performance of Prime Contractor

2. Technical Construction Experience of Prime Contractor

3. Technical Construction Experience of Mechanical Subcontractor

4. Technical Experience of Structural Steel (Fabricator and Erector) Subcontractor

5. Technical Experience of Direct Digital Controls Subcontractor

6. Technical Experience of Proposed Key Staffing

7. Contractor Safety Plan

NOTE: Failure to comply with the RFP requirements may be grounds to eliminate the proposal from further consideration for contract award.

b. THE OFFER.

The submission of the documentation specified below will constitute the Offeror’s acceptance of the terms and conditions of the RFP, including the Plans & Specifications for the construction of this project. These instructions prescribe the format for the proposal, and describe the approach for the development and presentation of proposal data. These instructions are designed to ensure the submission of necessary information to provide for the understanding and comprehensive evaluation of proposals.

c. AWARD BASED ON INITIAL OFFERS.

Pursuant to clause 52.215-1 (included by reference), the Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a price, and technical qualifications standpoint. The VA reserves the right to conduct discussions if the Contracting Officer later determines such discussions to be necessary.

d. NUMBER OF COPIES TO SUBMIT. Offerors shall submit a SINGLE PACKAGE to the address shown in Block 8 of the Standard Form 1442. The package shall include:

Marked: ORIGINAL - RESPONSE TO RFP – 36C25518R0539 Expand Pharmacy and Lobby project # 589-334

This envelope is to contain the signed original copies of the documents listed below;

2. DOCUMENTS TO SUBMIT.

The original documents to be included in the envelope identified above consist of:

The following significant Evaluation Factors will be used as the basis for determining Technical Acceptability:

1. Relevant Past Performance of Prime Contractor

2. Technical Construction Experience of Prime Contractor

3. Technical Construction Experience of Mechanical Subcontractor

4. Technical Experience of Structural Steel (Fabricator and Erector) Subcontractor

5. Technical Experience of Direct Digital Controls Subcontractor

6. Technical Experience of Proposed Key Staffing

7. Contractor Safety Plan

NOTE: There is a realistic possibility that some offerors may choose to submit the same construction project as a qualifying example for both the past performance and the technical experience evaluation factors. This is not prohibited, but the supporting documentation must demonstrate that the submitted projects absolutely do comply with the specific minimal requirements, identified below, for each separate evaluation factor.

FACTOR 1: RELEVANT PAST PERFORMANCE.

To be evaluated to determine if an offeror has acceptable relevant past performance, offerors should identify no less than ONE (1), and no more than THREE (3), previously-awarded, and completed construction contracts, which were issued by either: Federal, State, or Local Government Agencies; and/or Private Organizations. To be evaluated as Relevant Past Performance, the construction contracts submitted by offerors must involve:

Factor 1 SPECIAL NOTE for Offerors That May Lack Past Performance Information: In accordance with FAR Part 15.305(a)(2), in the case of an offeror that is 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. Such offerors may submit relevant past performance information regarding: predecessor companies; key personnel who have relevant experience; or subcontractors that will be performing major or critical aspects of this requirement; provided that such information is relevant to the construction in this solicitation. Offerors may provide information on problems encountered on the identified contracts and the offeror’s corrective actions. The government also reserves the right to consider past performance information from all available sources, in addition to any information submitted by offerors.

FACTOR 2: TECHNICAL CONSTRUCTION EXPERIENCE OF PRIME CONTRACTOR.

To be Technically Acceptable, offerors must provide evidence that they have the technical qualifications and experience needed to meet the technical performance requirements of this project. Offerors must submit no less than TWO (2) examples of their technical construction experience with projects that involved technical requirements similar to the requirements of this project. The construction project submitted must involve:

Work as a prime under the same NAICS code as this solicitation (236220, General Construction Contractors), that involved construction for medical facilities, with emphasis on renovations and additions to occupied medical facilities.

FACTOR 3: TECHNICAL EXPERIENCE OF THE MECHANICAL SUBCONTRACTOR.

Offerors must provide evidence of technical experience of Plumbing/HVAC work is self-performed or provide subcontractor technical qualifications and experience needed to meet the technical performance requirements of this project. To be evaluated as Technical Experience, the information submitted by offerors must involve the following:

A. Work under the NAICS Code 238220 (Plumbing, Heating, and Air-Conditioning Contractors) Ability to meet the technical requirements of plumbing specification Division 22 requirements. Residential experience does not qualify.

Products or services of proposed manufacturer, suppliers and installers of Division 22 specifications as follows:

Subcontractor is currently and regularly engaged in fabrication, and installation of plumbing systems for hospitals. Residential plumbing does not qualify. Provide documentation for fabrication and installation of plumbing for hospitals.

Subcontractor has technical qualifications of at least five years of successful experience. Provide documentation and a list of facilities with knowledgeable and qualified points of contact who can verify these qualifications.

Submit a list of two or more prior, related installations where this subcontractor’s work has performed satisfactorily together under conditions of normal use. The list shall include projects that have been in operation for a period of not less than two years preceding the date of this solicitation; include the names and addresses of contact where installations took place and who are familiar with the contractor’s performance.

Special Note: When an offeror submits its proposal in response to this Request for Proposals, and the name and experience of a specific subcontractor is a required evaluation factor, then that subcontractor who is offered will be the same subcontractor who will actually perform the specified work on the project. If, during performance of the contract, it becomes necessary for the contractor to substitute a subcontractor for one of those whose qualifications were the basis for evaluation of the offer and award of the contract, the contractor shall submit to the Contracting Officer the same information that was required in the initial proposal regarding the proposed substitute subcontractor. The Contracting Officer shall have the right to review the qualifications of the proposed substitute subcontractor and to approve or disapprove its qualifications. If the proposed substitute subcontractor's qualifications are disapproved by the Contracting Officer, the contractor will propose another subcontractor who does possess equivalent qualifications.

FACTOR 4: TECHNICAL EXPERIENCE OF THE STRUCTURAL STEEL (FABRICATOR AND ERECTOR) SUBCONTRACTOR.

Offerors must provide evidence that the Structural Steel subcontractor has the technical qualifications and experience needed to meet the technical performance requirements of this project. To be evaluated as technical experience, the information submitted by offerors must involve the following:

Special Note: When an offeror submits its proposal in response to this Request for Proposals, and the name and experience of a specific subcontractor is a required evaluation factor, then that subcontractor who is offered will be the same subcontractor who will actually perform the specified work on the project. If, during performance of the contract, it becomes necessary for the contractor to substitute a subcontractor for one of those whose qualifications were the basis for evaluation of the offer and award of the contract, the contractor shall submit to the Contracting Officer the same information that was required in the initial proposal regarding the proposed substitute subcontractor. The Contracting Officer shall have the right to review the qualifications of the proposed substitute subcontractor and to approve or disapprove its qualifications. If the proposed substitute subcontractor's qualifications are disapproved by the Contracting Officer, the contractor will propose another subcontractor who does possess equivalent qualifications.

FACTOR 5: TECHNICAL EXPERIENCE OF THE DIRECT DIGITAL CONTROLS SUBCONTRACTOR.

Offerors must provide evidence that the Direct Digital Controls subcontractor has the technical qualifications and experience needed to meet the technical performance requirements of this project. To be evaluated as technical experience the information submitted by offerors must involve the following:

A. Work under the NAICS code 238220 (Plumbing, Heating, and Air-Conditioning Contractor).

B. Ability to meet the technical requirements of specification section 23 09 23, Direct-Digital Control system for HVAC.

C. Products or services of proposed manufacturer, suppliers and installers as follows:

1. Direct Digital Controls contractor is currently and regularly engaged in design, fabrication, and installation of HVAC control systems for hospital and/or medical centers usage. Provide documentation of the listed requirements.

2. Directs Digital Controls contractor has technical qualifications of at least five years of experience. Provide documentation of trained supervisory personnel, installation personnel, and facilities used to complete installation of control systems as required by contract documents.

3. Proposed Direct Digital Controls contractor shall submit a list of two or more prior hospital installations where all the contractor controls equipment they propose to furnish on this project has performed satisfactorily together under conditions of normal use. The list shall include projects that have been in operation for a period of not less than two years preceding the date of these specifications; include the names and addresses of the Medical Center and the names of the Medical Center COR or Contracting Officer point of contact.

4. Direct Digital Controls contractor shall submit a list of two or more medical centers or hospitals where contractor is providing service contract support services. The list shall include projects that have been in operation for a period of not less than two years preceding the date of these specifications; include the names and addresses of the Medical Center and the names of the Medical Center COR or Contracting Officer point of contact.

Special Note: When an offeror submits its proposal in response to this Request for Proposals, and the name and experience of a specific subcontractor is a required evaluation factor, then that subcontractor who is offered will be the same subcontractor who will actually perform the specified work on the project. If, during performance of the contract, it becomes necessary for the contractor to substitute a subcontractor for one of those whose qualifications were the basis for evaluation of the offer and award of the contract, the contractor shall submit to the Contracting Officer the same information that was required in the initial proposal regarding the proposed substitute subcontractor. The Contracting Officer shall have the right to review the qualifications of the proposed substitute subcontractor and to approve or disapprove its qualifications. If the proposed substitute subcontractor's qualifications are disapproved by the Contracting Officer, the contractor will propose another subcontractor who does possess equivalent qualifications.

FACTOR 6: TECHNICAL QUALIFICATIONS OF PROPOSED KEY STAFFING.

To be Technically Acceptable, qualified offerors must submit a detailed resume of each key individual identified below. This will be evaluated to determine if they have the appropriate technical training and or previous construction experience to meet the technical requirements of a project of this nature. No one individual can perform more than two of the staffing positions below:

(a) Project Manager – Must have a minimum of 5 years experience as a construction project manager; must provide a minimum of 3 projects with similar scope of this project. Provide the name of the construction contract and the contract ID number; the name of the contracting agency or organization the contract was awarded by; the date of the construction contract award and the contract award amount in dollars; the date of the construction contract completion and the final contract amount, in dollars; a brief description of the construction contract scope of work; and, identification of at least one point-of-contact at the organization that awarded the submitted contract, including: the name of the point-of-contact; their current mailing address; phone number; and email address (if applicable).

(b) Quality Control manager – Provide a minimum of 3 projects with similar scope of this project they have acted as the QC manager. Provide the name of the construction contract and the contract ID number; the name of the contracting agency or organization the contract was awarded by; the date of the construction contract award; a brief description of the construction contract scope of work and the QC program that was implemented; and, identify at least one point-of-contact at the organization that awarded the submitted contract, including: the name of the point-of-contact; their current mailing address; phone number; and email address (if applicable).

(c) Safety Office – Must have a minimum of 5 years of experience as a safety officer and provide a list of safety training completed, including, at a minimum: life safety, excavation safety, scaffold safety, OSHA 30, fall protection training, crane/rigging safety. Provide a minimum of 3 projects with similar scope of this project where they acted as safety officer. Provide the name of the construction contract and the contract ID number, and the name of the contracting agency or organization the contract was awarded by. Provide a brief description of the construction contract scope of work and how the safety program was implemented, and identify at least one point-of-contact at the organization that awarded the submitted contract, including: the name of the point-of-contact; their current mailing address; phone number; and email address (if applicable).

(d) Site Superintendent – Must have a minimum of 5 years experience as a site superintendent and must have OSHA 30 training. Provide at least 3 projects as a site superintendent with similar scope of this project. Provide the name of the construction contract and the contract ID number; the name of the contracting agency or organization the contract was awarded by; the date of the construction contract award and the contract award amount in dollars; the date of the construction contract completion and the final contract amount, in dollars; a brief description of the construction contract scope of work; and, identification of at least one point-of-contact at the organization that awarded the submitted contract, including: the name of the point-of-contact; their current mailing address; phone number; and email address (if applicable).

Special Note: During the period of performance of the Contract, the Contractor shall make NO substitutions of the Key Staffing unless the substitution is necessitated by illness, death, or termination of employment. The contractor shall notify the contracting officer, in writing within five (5) calendar days after the occurrence of any of these events. Any replacement of Key Staffing shall have equal or better qualifications subjected to the approval by the contracting officer.

FACTOR 7: PROVIDE CONTRACTOR SAFETY PLAN

Offerors must provide a site specific construction safety plan:

1. The contractor's Safety Plan shall be evaluated for their compliance with local/State/Federal rules and regulations and the company's consideration of safety of its employees and the general public. The contractor's Safety Plan at the minimum shall address their safety policy, commitment to safety, detailed disciplinary action to be taken with respect to employees violating safety requirements, personnel safety responsibilities, personnel safety training, personal protective equipment, accident / incident reporting procedure and investigations, and emergency procedures guidelines.

2. The contractor’s Safety Plan shall address their plan for completing all contract work on and around an active hospital without impact to patient care and completing all work in accordance with all construction documents and all local/State/Federal rules and regulations.

Note: It is intended that award will be made on bid item 1A and 1B; however, should bids exceed the funds available, award will be made on bid item 2, 2A or 2B in that priority order.

3. BASIS OF AWARD.

VA will make the award based on the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-price factors. Note that offers that are not technically acceptable cannot be selected, regardless of price.

4. Special Contract Requirements

SUBSTITUTIONS OF SUBCONTRACTORS AND / OR KEY PERSONNEL

A. When an offeror submits its proposal in response to this Request for Proposals, and key personnel who are proposed to work on the project are required to be submitted, those personnel who are offered will be the same personnel who will actually perform on the project. If, during performance of the contract, it becomes necessary for the contractor to substitute personnel for one of those whose qualifications were the basis for evaluation of the offer and award of the contract, the contractor shall submit to the Contracting Officer the same information that was required in the initial proposal regarding the proposed substitute employee. The Contracting Officer shall have the right to review the qualifications of the proposed substitute employee and to approve or disapprove his or her qualifications. If the proposed substitute employee's qualifications are disapproved by the Contracting Officer, the contractor will propose another employee who does possess equivalent qualifications.

B. When an offeror submits its proposal in response to this Request for Proposals, and the name and experience of a specific subcontractor is a required evaluation factor, then that subcontractor who is offered will be the same subcontractor who will actually perform the specified work on the project. If, during performance of the contract, it becomes necessary for the contractor to substitute a subcontractor for one of those whose qualifications were the basis for evaluation of the offer and award of the contract, the contractor shall submit to the Contracting Officer the same information that was required in the initial proposal regarding the proposed substitute subcontractor. The Contracting Officer shall have the right to review the qualifications of the proposed substitute subcontractor and to approve or disapprove its qualifications. If the proposed substitute subcontractor's qualifications are disapproved by the Contracting Officer, the contractor will propose another subcontractor who does possess equivalent qualifications.

5. SAFETY OR ENVIRONMENTAL VIOLATIONS AND EXPERIENCE MODIFICATION RATE

All Bidders/Offerors shall submit the following information pertaining to their past Safety and Environmental record, see Appendix 2. The information shall contain, at a minimum, a certification that the bidder/offeror has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or any EPA violation(s) in the past three years.

All Bidders/Offerors shall submit information regarding their current Experience Modification Rate (EMR) equal to or less than 1.0. This information shall be obtained from the bidder’s/offeror’s insurance company and be furnished on the insurance carrier’s letterhead.

Self insured contractors or other contractors that cannot provide their EMR rating on insurance letterhead must obtain a rating from the National Council on Compensation Insurance, Inc. (NCCI) by completing/submitting form ERM-6 and providing the rating on letterhead from NCCI. Note: Self insured contractors or other contractors that cannot provide EMR rating on insurance letterhead from the states or territories of CA, DE, MI, NJ, ND, OH, PA, WA, WY, and PR shall obtain their EMR rating from their state run worker’s compensation insurance rating bureau.

A Determination of Responsibility will be accomplished for the apparent awardee prior to processing the award. The above information, along with other information obtained from Government systems, such as the OSHA and EPA online inspection history databases will be used to make the Determination of Responsibility. Failure to affirm being within the guidelines above or submit this information will result in a determination of “Non-Responsibility” for the bidder/offeror. NOTE: Any information received by the Government that would cause for a negative Determination of Responsibility will make the bidder/offeror ineligible for award.

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

Appendix 1-CALCULATION OF SELF-PERFORMED/SUBCONTRACTED WORK

Offerors for General Construction (NAICS code 236220) must provide at least 15 percent (25% for NAICS codes 238210 & 238220) of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other eligible service-disabled veteran-owned small business concerns. Provide a breakdown of material and personnel costs, by specification division listed for the project. Home Office overhead, profit/fee and bond costs shall be added after a subtotal of personnel and material/Equipment costs has been calculated. Clearly identify the personnel costs you will be performing, and the personnel costs of other eligible service disabled veteran-owned small business concerns. Below is a suggested format.

Division 01

Division 02

Division 03

Division 05

Division 06

Division 07

Division 08

Division 09

Division 10

Division 11

Division 14

Division 21

Division 22

Division 23

Division 26

Division 27

Division 28

Submittal exchange or equal

Calculation of self-performed personnel costs:

1. Total personnel costs * both prime and all subcontractors: $_________________

2. Subtract all subcontractor personnel costs* that are not SDVOSB companies that will perform work on this contract: $__________________

3. Remainder is ‘Total amount of work to be self-performed under the Contract’: $__________________

4. Self-performed work = Line 3/Line 1 x 100 = __________%

*personnel costs include labors, mechanics, other tradesmen, and office personnel directly charged to the project (includes project manager, job superintendent, administrative, estimators, etc.)

I certify the above representations are true and correct to the best of my knowledge.

(Title of Authorized Representative)

APPENDIX 2 - Pre-Award Contractor Safety and Environmental Record Evaluation Form

Information provided below is current and applicable to Solicitation 36C25518R0539:

Company Name: ______________________________________________ Address: _____________________________________________________ Telephone: ______________________ Fax: ________________________ Email: _______________________________________________________ Contact: ______________________________________________________

1. Utilizing your OSHA 300 Forms, please complete the following information:

Number of man hours (jobsite and office).

Number of cases involving days away from work, restricted activity, or both (Column H and I of OSHA 300).

Days away, restricted, or transferred rate (# of days away, restricted, or transferred cases x 200,000/# of man hours) (DART Rate).

Number of serious, willful, or repeat violations from OSHA within the last 3 years. Please attach explanation for any violations.

Please attach copies of the following documents: OSHA 300 and 300a Forms. These forms can be accessed through the OSHA publications search page: http://www.osha.gov/pls/publications/publication.html.

2. Provide six-digit North American Industrial Classification System (NAICS) Code for this acquisition: __________________________________

3. Who administers your company’s Safety and Health Program? ____________________________

4. Company’s Insurance Experience Modification Rate (EMR): ____________________________

1.2 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 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)

1.3 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause)

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…