36C25620R0148 RFP.docx

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Z2DA--INSTALL AUTO SHOWER OPERATORS Federal contract opportunity
Solicitation number
36C25620R0148
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 16

About this file

This federal contract opportunity document describes a Request for Proposals (RFP) for installation of auto shower operators at a Veterans Health Administration facility. The RFP is a 100% set-aside for Service-Disabled Veteran-Owned Small Businesses, with proposals due around October 2, 2020. The work location is the Southeast Louisiana Veterans Health Care System in New Orleans and includes providing all labor, materials and equipment to complete the installation. The contract performance period is 180 days from notice to proceed. The North American Industry Classification code is 238220 and the small business size standard is $16.5 million. The estimated construction cost is between $500,000 to $1 million.

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36C25620R0148 Attachments

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)

1. 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.

36C25620R0148 X 02-01-2021 629-21-1-6905-0001 629-18-140 36C256

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 16

2400 Canal Street New Orleans LA 70119

DEPARTMENT OF VETERANS AFFAIRS

ATTN: JB Herbst (BLDG 5) 2495 Shreveport Highway 71N Pineville LA 71360-9004

JB

Herbst 318-466-2236 This procurement is a total Service-Disabled Veteran-Owned Small Business (SDVOSB) set-aside under Public Law 109-461.

Offerors must be registered and verified as a SDVOSB in the Vendor Information Pages (VIP) at https://www.vip.vetbiz.va.gov/. Proposals received from contractors who are not verified as a SDVOSB in VetBiz will not be considered for award. This includes Joint Ventures. Joint Venture Agreements must be submitted with proposal to be considered . Contract award shall not be delayed due to loss of SDVOSB verification. Verification showing seal shall be included with proposal.

BASE OFFER ITEM: FURNI

SH ALL LABOR, TOOLS, MATERIALS, EQUIPMENT AND SUPERVISION NECESSARY TO PERFORM ALL WORK ASSOCIATED WITH PROJECT 629-18-140 INSTALL AUTO-OPERATED FAUCETS, SOUTHEAST LOUISIANA VETERANS HEALTH CARE SYSTEM, NEW ORLEANS, LA 70119.

SITE VISIT: AN ORGANIZED SITE VISIT WILL BE HELD AT THE

DATE/TIME/LOCATION SHOWN IN FAR 52.236-27 SITE VISIT

(CONSTRUCTION) ALTERNATE I. THIS WILL BE THE ONLY SITE VISIT CONDUCTED FOR THIS PROCUREMENT.

INFORMATION PROVIDED AT THE SITE VISIT

SHALL NOT ALTER THE TERMS AND CONDITIONS OF THE SOLICITATION. TERMS OF THE

SOLICITATION REMAIN UNCHANGED UNLESS THE SOLICITATION IS AMENDED IN WRITING. CONTRACTORS ARE REQUIRED TO SUBMIT ALL

QUESTIONS IN WRITING, USING EXHIBIT F, (EMAIL IS ACCEPTA

BLE) TO THE CONTRACT SPECIALIST SHOWN ABOVE NO LATER

THAN NOON CST 14 CALENDAR DAYS PRIOR TO THE DATE/TIME SET FOR RECIEPT OF PROPOSALS.

SEE BLOCK 13A FOR SOLICITATION CLOSING DATE.

THE GOVERNMENT RESERVES THE RIGHT TO AWARD THE BASE OFFER ITEM O

NLY IF SUFFICIENT FUNDS ARE AVAILABLE.

PER VAAR 836.204 AND FAR 36.204 THE ESTIMATED MAGNITUDE OF THIS PROJECT IS BETWEEN $500,000 AND $1,000,000

NOTE: IN NEGOTIATED SOLICITATIONS “BID” AND “BIDDER” MEAN “OFFER” AND “OFFEROR”.

NAICS CODE: 238220 SIZE STANDARD: $16.5M

GEOGRAPHICAL AREA WHERE WORK IS TO BE PERFORMED: NEW ORLEANS, ORLEANS PARISH (70119), LOUISIANA

X X 52.211-10 X Hard Copy/1 CD 14:00

CST

03-04-2021 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLED

GMENT 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)( U.S.C. 8127 (d

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 c ontract 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 pr int) (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

Please see schedule of offer items & Block #17 Continuation Block #17 Continuation will be required for each of the Deduct Alternates X 00502

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 16

2495 SHREVEPORT HIGHWAY

PINEVILLE LA 71360-4004

Department of Veterans Affairs Financial Services Center PO Box 149971 Austin TX 78714 877-353-9791 512-460-5429 X William A. Geary Contracting Officer

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.1 SCHEDULE OF OFFER ITEMS6
A.2 GENERAL PROPOSAL INFORMATION9
A.3 PROPOSAL PREPARATION AND EVALUATION INFORMATION12
A.4 Information Concerning Bidding Material, Bid Guarantee, and Bonds18
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS19
2.1 52.216-1 TYPE OF CONTRACT (APR 1984)19
2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014)19
2.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)19
2.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)20
2.5 52.228-1 BID GUARANTEE (SEP 1996)21
2.6 52.233-2 SERVICE OF PROTEST (SEP 2006)22
2.7 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)23
2.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)23
2.9 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)23
2.10 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)24
2.11 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)24
2.12 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008)25
REPRESENTATIONS AND CERTIFICATIONS26
3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)26
3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)30
3.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)32
3.4 52.209-13 VIOLATION OF ARMS CONTROLS TREATIES OR AGREEMENTS—CERTIFICATION (JUL 2020)33
3.5 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)35
GENERAL CONDITIONS38
4.1 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)38
4.2 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)39
4.3 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)39
4.4 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)40
4.5 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)43
4.6 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ALTERNATE I (APR 1984)44
4.7 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION 2019-01)44
4.8 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (MAY 2020)46
4.9 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)48
4.10 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010)49
4.11 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)50
4.12 52.227-4 PATENT INDEMNITY—CONSTRUCTION CONTRACTS (DEC 2007) ALTERNATE I (DEC 2007)53
4.13 SUPPLEMENTAL INSURANCE REQUIREMENTS54
4.14 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (AUG 2020)54
4.15 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)56
4.16 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)59
4.17 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (MAY 2020)59
4.18 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)59
4.19 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)61
4.20 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)62
4.21 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)62
4.22 VAAR 852.232-70 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS– CPM) (NOV 2018)62
4.23 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)65
4.24 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019)67
4.25 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019)68
4.26 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019)68
4.27 VAAR 852.236-90 RESTRICTION ON SUBMISSION AND USE OF EQUAL PRODUCTS (APR 2019)68
4.28 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT ADMINISTRATION (OCT 2020)69
4.29 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)70
4.30 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT (SEP 2019)70
4.31 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)72

A.1 SCHEDULE OF OFFER ITEMS

Contract Line Item Number CLIN 0001-CLIN 0004 (See Statement of Work, Contract Specifications and Drawings)

AWARD POLICY: The Base Offer for CLIN 0001 includes all labor, tools, materials, equipment and supervision necessary to Install Auto-Operated Faucets, Southeast Louisiana Veterans Health Care System, 2400 Canal St, New Orleans, LA. Offerors shall submit offers for CLIN 0001 through CLIN 0004. The Government reserves the right to award the base offer item if sufficient funds are available. Based upon availability of funds, award will be made to the offeror whose offer best conforms to the request for proposal, will be most advantageous to the Government considering past performance factors, technical factors, and price-related factors, as included in the solicitation.

INSTRUCTIONS FOR PROPOSING ON BASE OFFER AND EACH DEDUCTIVE ALTERNATE: FOR BASE OFFER ITEM, INSERT TOTAL PROJECT OFFER.

FOR DEDUCTIVE ALTERNATE NO. 1, INSERT REVISED TOTAL PROJECT OFFER AFTER DEDUCTIONS ARE SUBTRACTED FROM AMOUNT OF BASE OFFER ITEM. DO NOT INSERT AMOUNT OF DEDUCTION!

EXAMPLE: CONTRACTOR’S TOTAL OFFER FOR BASE OFFER ITEM IS $250,000.00. INSERT THIS AMOUNT FOR BASE OFFER ITEM. CONTRACTOR DETERMINES THAT DEDUCTION FOR DEDUCTIVE ALTERNATE NO. 1 IS $50,000.00. INSERT $200,000.00 ($250,000.00 BASE OFFER ITEM MINUS $50,000.00 DECREASE FOR DEDUCTIVE ALTERNATE NO. 1) FOR DEDUCTIVE ALTERNATE NO. 1. DO NOT INSERT $50,000.00 OR –$50,000.00 AS AMOUNT FOR DEDUCTIVE ALTERNATE NO. 1.

SEE FOLLOWING SAMPLES BASED ON THE ABOVE EXAMPLE:

BASE OFFER ITEM:$250,000.00
DEDUCTIVE ALTERNATE NO. 1:$200,000.00
BASE OFFER ITEM:$250,000.00
DEDUCTIVE ALTERNATE NO. 1:$ 50,000.00

BASE OFFER ITEM: $250,000.00

DEDUCTIVE ALTERNATE NO. 1: -$ 50,000.00

The above procedure is to be completed for each of the Deductive Alternates (i.e. the amount of the Base Offer Item (CLIN 0001) minus the deducts listed in each Deductive Alternate).

CLIN 0001, BASE OFFER ITEM - GENERAL CONSTRUCTION: Furnish all labor, tools, materials, equipment and supervision necessary to perform all work associated with Project 629-18-140 Install Auto-Operated Faucets, SLVHCS, New Orleans, LA.

PERIOD OF PERFORMANCE – 180 CALENDAR DAYS AFTER RECEIPT OF NOTICE TO PROCEED.

CLIN 0001

If adequate funding is available, award will be made on CLIN 0001. If adequate funding is not available, we will proceed to CLIN 0002, Deductive Alternate No. 1, to see if adequate funding is available to make an award. If not, this same procedure will continue with CLIN 0003, Deductive Alternate No. 2 through CLIN 0004, until an award can be made. Note: The Deductive Alternates are listed in descending order of importance.

CLIN 0002, DEDUCTIVE ALTERNATE NO. 1: Work includes all work in CLIN 0001 and instead of hardwiring in all the faucets in the Inpatient Building and including a battery backup, make the faucets battery powered only in the Inpatient Building.

PERIOD OF PERFORMANCE – 180 CALENDAR DAYS AFTER RECEIPT OF NOTICE TO PROCEED.

CLIN 0002

CLIN 0003, DEDUCTIVE ALTERNATE NO. 2: Work includes all work in CLIN 0001 minus the work removed in CLIN 0002 (Alternate Deduct NO. 1) and instead of hardwiring in all the faucets in the Transitional Living Rooms (TLR Building) and including a battery backup, make the faucets battery powered only in the Transitional Living Rooms (TRL Building).

PERIOD OF PERFORMANCE – 180 CALENDAR DAYS AFTER RECEIPT OF NOTICE TO PROCEED.

CLIN 0003

CLIN 0004, DEDUCTIVE ALTERNATE NO. 3: Work includes all work in CLIN 0001 minus the work removed in CLIN 0002 (Alternate Deduct NO. 1) & CLIN 0003 (Alternate Deduct NO. 2) and remove all faucets in the Mental Health Ward along with all deleting the electrical work, and any associated demolition and/or repair in the Mental Health Ward.

PERIOD OF PERFORMANCE – 180 CALENDAR DAYS AFTER RECEIPT OF NOTICE TO PROCEED.

CLIN 0004

CONTINUATION OF SF 1442 BLOCK # 17

MATERIAL
LABOR
EQUIPMENT
TOTAL
DIVISION 01:
GENERAL REQUIREMENTS
DIVISION 02:
EXISTING CONDITIONS
DIVISION 03:
CONCRETE
DIVISION 04:
MASONRY
DIVISION 05:
METALS
DIVISION 06:
WOOD, PLASTICS & COMPOSITES
DIVISION 07:
THERMAL & MOISTURE PROTECTION
DIVISION 08:
OPENINGS
DIVISION 09:
FINISHES
DIVISION 10:
SPECIALTIES
DIVISION 11:
EQUIPMENT
DIVISION 12:
FURNISHINGS
DIVISION 13:
SPECIAL CONSTRUCTION
DIVISION 14:
CONVEYING EQUIPMENT
DIVISION 21:
FIRE SUPPRESSION
DIVISION 22:
PLUMBING
DIVISION 23:
HVAC
DIVISION 25:
INTEGRATED AUTOMATION
DIVISION 26:
ELECTRICAL
DIVISION 27:
COMMUNICATIONS
DIVISION 28:
ELECTRONIC SAFETY AND SECURITY
DIVISION 31:
EARTHWORK
DIVISION 32:
EXTERIOR IMPROVEMENTS
DIVISION 33:
UTILITIES
DIVISION 34:
TRANSPORTATION
DIVISION 48:
ELECTRICAL POWER GENERATION

SUBTOTAL COST:

GENERAL LIABILITY / INSURANCE:

OVERHEAD & PROFIT:

BOND:

PROJECT TOTAL COST:

A.2 GENERAL PROPOSAL INFORMATION

Project: 629-18-140 Install Auto-Operated Faucets Issuing Office: NCO 16 Location of Project: SLVHCS, New Orleans, LA 70119.

Point of Contact: JB Herbst, Contract Specialist, NCO 16 – Pineville, LA E-mail: Jennings.herbst@va.gov

1. Service-Disabled Veteran-Owned Small Business Verification: This action is a 100% set aside for verified Service Disabled Veteran Owned Small Businesses (SDVOSB). The award of this solicitation shall not be delayed due to loss of SDVOSB verification. Proposals submitted by non-verified SDVOSB shall be excluded from award consideration.

1. Joint Ventures must be verified SDVOSB and registered in SAM.

1. VETS-4212: Title 38, USC Section 4212(d) and Public Law 105-339, requires that federal contractors report, at least annually, the number and category of veterans who are within their workforce. This VETS-4212 report can be submitted per the instructions at https://www.dol.gov/agencies/vets/programs/vets4212. For assistance contact VETS-4212 customer support at 1-866-237-0275 or vets4212-customersupport@dolncc.dol.gov. For procurement awards in excess of $150,000, this report must be completed and accepted prior to any Federal contract award. Therefore, all potential contractors are encouraged to file every year.

3. Past Safety Record: VHA DIRECTIVE 7715 SAFETY AND HEALTH DURING CONSTRUCTION requires that Contracting Officers evaluate and consider past safety records of prospective contractors in awarding contracts. OFFERORS SHALL SUBMIT EXHIBIT D CONTRACTOR EVALUATION FORM CONSTRUCTION SAFETY AS A PART OF THE OFFER PACKAGE.

All offerors shall submit information pertaining to their past Safety and Environmental record using Exhibit D. The information must show that the offeror has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA violation(s) in the past three years. If those totals are exceeded, the offeror shall attach an explain why and submit as much information as possible regarding the circumstances of its past safety and environmental record, including the number of EPA violations and/or the number of serious, repeat, and/or willful OSHA violations, along with a detailed description of those violations.

All offerors shall submit information regarding their current Experience Modification Rate (EMR). This information shall be obtained from the offeror’s insurance carrier and be furnished on the insurance carrier’s letterhead. If an offeror’s EMR is above 1.0, offeror must attach a written explanation of the EMR from its insurance carrier furnished on the insurance carrier’s letterhead, describing the reasons for the EMR, and the anticipated date the EMR may be reduced to 1.0 or below.

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

If the NCCI cannot issue an EMR because the offeror lacks insurance history, offeror shall submit a letter indicating so from its insurance carrier furnished on the insurance carrier’s letterhead, and include a letter from the NCCI indicating that is has assigned offeror a Unity Rating of 1.0.

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

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

OFFERORS WHO FAIL TO SUBMIT EXHIBIT D (AND THE ASSOCIATED ADDITIONAL REQUIRED INFORMATION) AS A PART OF THEIR PROPOSAL PACKAGE WILL BE RATED LOWER THAN AN OFFEROR THAT DOES PROVIDE.

1. Site Visit: An organized site is scheduled as shown in clause 52.236-27 Alternate 1. Only one site visit will be conducted. Attendance at the site visit is not mandatory, but highly suggested for proper proposal preparation.

1. Requests for Information (RFIs): RFI’s are due, utilizing Exhibit F, no later than (NLT) 12:00 PM CST 14 calendar days prior to the date set for receipt of proposals or as amended and will not be accepted after this date. RFI’s should be submitted by email to the Contract Specialist, JB Herbst at jennings.herbst@va.gov. Responses will be provided by amendment to the solicitation in a question and answer format. Example: Subject Line of the RFI e-mail should be as follows: Company Name, RFI #1, 36C25620R0148 and Project #629-18-140.

1. Proposal Due Date: Proposals are due NLT the date/time shown in Block 13a of Standard Form (SF) 1442. All proposals will be submitted by mail (USPS, UPS, FEDEX, ect.) or hand carried to the below address:

· Department of Veterans Affairs

· Network Contracting Office 16 (NCO 16)

· ATTN: JB Herbst (BLDG 5, Room 212)

· 2495 Shreveport HWY

· Pineville, LA 71360

6. NOTE: It is the Offeror’s Responsibility to ensure proposals are received by the time/date established in Block 31A on SF 1442.

1. Magnitude of Construction: Pursuant to FAR 36.204 the magnitude of construction is between $500,000.00 and $1,000,000.00.

1. North American Industry Classification (NAICS) code: The applicable NAICS code for this procurement is 238220 Plumbing, Heating, and Air Conditioning Contractors. The Small Business size standard is $16.5 Million.

1. Wage Determination (WD): The applicable Davis Bacon WD for this solicitation is incorporated as an attachment to this solicitation.

1. Period of Performance: The successful offeror shall begin performance within 10 calendar days after receiving the notice to proceed and complete all work within the time specified in the award. All punch list items must be completed during the established period of performance.

1. Funding: Award is contingent upon the availability of appropriated funds. The Government does not compensate vendors for proposal development and submission.

1. Superintendence: The offeror shall provide, from their own staff, a competent 30 hour OSHA certified superintendent. This individual shall be 100% full time dedicated and assigned to this project while work is being performed on site. The offeror shall not divide or split up their superintendence duties among multiple projects at the same facility. Each project stands alone and requires a dedicated superintendent to be allocated and funded to that particular project.

13. Holidays: The following federal holidays are observed:

New Year's DayMartin Luther King Jr.’s BirthdayPresident's Day
Memorial DayIndependence DayLabor Day
Columbus DayVeterans DayThanksgiving Day

Christmas Day

Any other holiday proclaimed by the President as a Federal Holiday.

When a holiday falls on a Sunday, the following Monday will be observed as a legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed by U.S. Government agencies.

14. Contractor Performance Assessment Reporting System (CPARS):

(a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Department of Veterans Affairs (VA) has implemented Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

(c) We request that you furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract. Each person granted access will have the ability to provide comments in the Contractors portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS are available at http://www.cpars.csd.disa.mil/. The CPARS User Manual, registration for Online Training for Contractor Representatives, and a practice application may be found at this site.

(e) The Assessing Official will complete an interim or final past performance evaluation and the report will be accessible at http://www.cpars.csd.disa.mil/. The Contractor Representative has the option to provide comments on the evaluation, indicate if they concur or do not concur with the evaluation, sign, and then return the evaluation to the Assessing Official. The Contractor Representative has a total of 60 days following the Assessing Official’s evaluation signature date to send comments. If the Contractor Representative sends comments within the first 14 days following the Assessing Official’s signature date and the Assessing Official or Reviewing Official closes the evaluation, the evaluation will become available in PPIRS-RC within 1 day. On day 15 following the Assessing Official’s evaluation signature date, the evaluation will become available in PPIRS-RC with or without Contractor Representative comments and whether or not it has been closed by the Assessing Official or Reviewing Official. If no Contractor Representative comments have been sent and the evaluation has not been closed, it will be marked as “Pending” in PPIRS-RC. If the Contractor Representative sends comments at any time prior to 61 days following the Assessing Official’s evaluation signature date, those comments will be reflected in PPIRS-RC within 1 day. On day 61 following the Assessing Official’s evaluation signature date, the Contractor Representative will be “locked out” of the evaluation and may no longer send comments.

(f) The following guidelines apply concerning Contractor Representative use of the past performance evaluation:

1. Protect the evaluation as "source selection information." After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

2. Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

3. (3) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

A.3 PROPOSAL PREPARATION AND EVALUATION INFORMATION

This part describes the precise mechanism for evaluating and selecting offers for this procurement for:

PROJECT NO. 629-18-140 Auto Operated Faucets A. To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Proposals must be complete, self-sufficient, and respond directly to the requirements of this solicitation. Offerors are required to meet all solicitation requirements. The Government reserves the right to make a final determination on a proposal’s acceptability/ unacceptability solely on the basis of the proposal submitted and to proceed without requesting additional information. Failure to meet a requirement may result in an offer being removed from consideration for award.

B. Offerors must provide all requested information for each factor. Proposals must address each element of the factors as applicable to be considered responsive to this solicitation. Factor headings should be highlighted in yellow or typed in bold text for identification. It is the offeror’s responsibility to ensure the submitted proposal is in the proper format and the provided information is clear and free of ambiguities.

C. Offeror’s proposal should contain the offeror’s best terms from a price standpoint. Offerors are cautioned to submit sufficient information and, in the format, specified in the proposal instructions. Communication conducted to resolve minor or clerical errors would not constitute discussions and the Contracting Officer reserves the right to award a contract without the opportunity for proposal revisions or discussions.

D. Evaluations: Factor I (Technical Factor: Construction Management) is more important than Factor II (Past Performance). Factors I and II when combined are approximately equal to Factor III (Price).

E. THE GOVERNMENT RESERVES THE RIGHT TO AWARD TO OTHER THAN THE OFFEROR WITH THE LOWEST PRICED PROPOSAL OR TO THE OFFEROR WITH THE HIGHEST RATED TECHNICAL PROPOSAL. The source selection process will be a negotiated source selection process utilizing a tradeoff strategy for all non-price evaluation factors in accordance with FAR 15.101 and FAR 15.101-1 respectively. Offers will be evaluated using the evaluation factors listed. It is the offeror's responsibility to ensure the completeness of the proposal. The Source Selection Evaluation Board may evaluate solely on the information provided in the initial proposal and will not assume that an offeror possesses any capability that is not specifically identified in the proposal.

a. The objective of the source selection is to select the offer that represents the best value to the Government. In order to select the offeror representing the best value, the Government will rate the offers by conducting a comparative assessment of all acceptable offers against source selection criteria in the solicitation. Benefits associated with additional costs will be identified and considered by trading off difference in capability and price. If one offeror has better capability and lower price, then that will be the better value. If one offeror has the better capability and the higher price, then the source selection authority (Contracting Officer) will decide when the difference in capability is worth the difference in price. NOTE: Price will be evaluated but not ranked by CO.

b. If the source selection authority considers the better capability to be worth the higher price, then the more capable higher-priced offeror will be the better value. If not, then the less capable, lower-priced offer will be the better value. The source selection authority will continue to make capability and price trade-offs until he has decided which offeror represents the best value to the Government. Therefore, the source selection may result in the contract being awarded to other than the lowest priced offeror or other than the highest technically rated offer.

Proposal size will be limited as shown and font/size shall be no smaller than Time New Roman 11. Page limits are for single sheets of paper and may be double-sided. If these page limits are exceeded, the pages in excess of the limit will not be read or considered.

VOL
TITLE
COPIES
PAGE LIMITS
I
PAST PERFORMANCE
3
25*
II
TECHNICAL PROPOSAL
3
25*
III
PRICE
3
Completed SF1442/SF1442 BACK with acknowledgement of all amendments and completed Schedule of Offer Items

*EXHIBIT A PERFORMANCE RELEVANCY SURVEY and EXHIBIT B PAST ANDPRESENT PERFORMANCE QUESTIONNAIRE do not count against the 25-page limit for Past Performance. In addition to the hard copies, each offeror will be requested to provide their proposals on a Compact Disc (CD) to be in pdf format and separated by the same volumes noted above.

It is the Government’s intent to award without discussions (See FAR 52.215-1) unless it is determined to be in the best interest of the government by the Contracting Officer. In accordance with FAR 15.306(b)(1)(i), communications may be held with offerors before establishment of the competitive range if the offerors past performance information is the determining factor preventing them from being placed within the competitive range. If discussions are required, the CO will establish a competitive range of the three most highly rated proposals and will then enter into negotiations and will allow for Final Proposal Revisions. Final proposal revisions shall be submitted as specified except as noted below and will be due at a time and place to be determined.

Basis for Contract Award:

1. Source Selection: This acquisition will be a “Best Value” source selection process utilizing a tradeoff strategy among price and non-price factors in accordance with FAR 15.101 and FAR 15.101-1 respectively. This process enables the government to consider other than the lowest priced offeror, or other than the highest technically rated offeror. The Government intends to award a single Firm-Fixed-Price contract for construction to the best overall proposal which is determined to be the best value to the Government.

2. Awarding Without Discussions: In accordance with FAR 52.215-1(f) (4), the Government intends to evaluate proposals and award the contract without discussions. Communication between the Government and offerors will be limited to exchanges for clarification as described in FAR 15.306(a). In accordance with FAR 15.306(b)(1)(i) communications may be held with offerors before establishment of the competitive range if the offerors past performance information is the determining factor preventing them from being placed with the competitive range. Such communications shall address adverse past performance information to which the offeror has not had a prior opportunity to respond. Any proposal that does not have a reasonable chance of receiving award may be accordingly eliminated from competition and further evaluation. A competitive range will be established if discussions are determined to be necessary by the Contracting Officer. Should the Contracting Officer determine that discussions are necessary, they will be held with only those offerors determined to be in the competitive range, after which final proposal revisions will be requested. Final proposal revisions shall be submitted as specified and will be due at a time and place to be determined. Firms submitting final proposal revisions will not be requested to re-submit any documents which are unchanged from their initial proposals. Offerors shall submit necessary changes as individual paragraphs or otherwise as briefly as possible, together with a table of contents, which clarifies where within the initial proposal additional or changed documents would be placed.

EVALUATION FACTORS

Factor 1— Technical: Construction Management The following subfactors and are of equal importance:

SUBFACTORS

1a. Corporate Construction Project Experience: The offeror shall demonstrate relevant corporate construction project experience, primarily involving large medical facilities. Provide a list of projects successfully completed by the offeror of similar size, scope, and complexity (in a Hospital facility or similar working conditions) within the last three (3) years of proposal issuance date.

1b. Key Project Personnel Construction Experience: Provide the names of the offeror’s proposed project management personnel (i.e. Site Superintendent, Project Manager,) along with a description of the individual’s experience and a list of successfully completed projects of similar size, scope, and complexity (in a Hospital facility or similar working conditions) within the last three (3) years (recent) from proposal issuance date. Superintendent shall have a minimum of three (3) years of experience managing or supervising multiple projects of similar size and scope. If the person listed as proposed superintendent is not a current employee of the offeror but intends to become one upon award of the contract, OFFEROR SHALL SUBMIT A COPY OF A COMMITMENT LETTER FROM THAT PERSON AS A PART OF THE TECHNICAL PROPOSAL to verify offeror will be hiring him/her and he/she intends to accept the position.

1c. Technical/Management Approach: Contractor shall explain how the project will be accomplished with no interruptions of services in adjacent patient care areas. Contractor shall demonstrate a clear understanding of the project requirements including critical milestones and critical path. Demonstrate techniques for maintaining on-time schedule performance. Contractor shall provide a detailed explanation as to how the project will be implemented and managed to ensure compliance with all OSHA Construction Standards, Fire and Life Safety issues, and security measures. Contractor shall provide a site-specific Quality Control Plan, describing techniques for maintaining quality control for workmanship.

Factor 2— Past Performance:

The following subfactors and are listed in descending order of importance:

SUBFACTORS

2a. VA Health Care Construction Experience: Successful completion of previous construction projects within the past three (3) years (recent) in with the same magnitude of construction (relevancy) for the Department of Veterans Affairs.

2b. Non-VA Health Care Construction Experience: Successful completion of previous construction projects within the past three (3) years (recent) in with the same magnitude of construction (relevancy) outside the Department of Veterans Affairs in the health care field.

2c. Timely Performance Under Previous Construction Projects: Demonstrated ability to perform of similar size, scope, and complexity (within the same magnitude of construction) successfully in accordance with approved progress schedules under previous construction projects. The Offeror shall demonstrate recent (within the last three (3) years from proposal issuance date) successful performance under contracts (ongoing or completed) which are similar in scope, magnitude, and complexity to the subject requirement via SUBMISSION WITH PAST PERFORMANCE PROPOSAL OF EXHIBIT A PERFORMANCE RELEVANCY SURVEY. SUBMIT EXHIBIT A ON NO MORE THAN FIVE (5) PROJECTS, including information on problems encountered and corrective actions.

Past Performance Questionnaire – Offerors shall prepare and forward to prior client(s) for submission to the Contracting Office EXHIBIT B PAST AND PRESENT PERFORMANCE QUESTIONNAIRE for all the projects listed by contractor and submitted using EXHIBIT A PERFORMANCE RELEVANCY SURVEY. This includes correspondence explaining the requirement to obtain an independent evaluation of prior contract performance and the Past and Present Performance Questionnaire for use in evaluating Past Performance. It is preferred that these are the same projects for ease of evaluation and comparison.

Completed Past Performance Questionnaires shall be submitted to the Contracting Office so as to arrive not later than the closing date/time for receipt of proposals shown on the SF1442 (or as Amended). Completed questionnaires shall be forwarded via email to jennings.herbst@va.gov. The subject line shall state 36C25620R0148 Past Performance for (Name of Company.) NOTE: Offeror shall not review the Past Performance Questionnaire prior to submission. Past Performance Questionnaire must be submitted by the client/evaluator directly to the Contracting Office. It is the offeror’s responsibility to follow up with their references to ensure that the Past Performance Questionnaires have been submitted by the offer due date to the Contracting Office.

Again, Offerors should follow-up and encourage references to get the questionnaires to the Contracting Office by the time set for receipt of proposals. Do not include copies of the letters or questionnaires in the proposal. However, offerors may include copies of recent and relevant CPARS. Offerors may include any comments regarding marginal CPARS ratings with their past performance portion of their proposal.

The Government may evaluate Past Performance information through the use of Exhibit B completed by the offeror's references; use data independently obtained from other Government or commercial sources, including, but not limited to, Government databases; and/or rely upon personal business experience with the offeror. 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. 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 right to obtain and evaluate Past Performance information from any source it deems appropriate.

An offeror with limited or no past performance may receive a rating based on the evaluation of its subcontractors and/or key personnel, provided an EXHIBIT C SUBCONTRACTOR INFORMATION AND CONSENT FORM has been executed and included in the proposal for proposed subcontractors and/or potential key personnel not employed by the offeror. These ratings shall have the same weight as the ratings of the offeror. Offerors without a record of relevant past performance will be assigned a neutral rating in accordance with FAR 15.305(a)(2)(iv). 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.

Performance Currency, Trends, and Relevancy: The Government will consider the currency, trends and relevancy of the performance information while conducting its performance evaluation. For the purpose of this solicitation, performance currency is performance occurring within the last three (3) years from the proposal issuance date. Within this period, performance occurring later in the period may have greater significance than work occurring earlier in the period. For example, performance information for work occurring during March 2020 may have greater importance than performance information for work occurring during March 2018. Performance Trends may, depending upon the circumstances, have greater significance than sporadic incidents of "Exceptional" or "Unsatisfactory" performance. For the purpose of this solicitation, Performance Relevancy is defined as contracts (ongoing or completed) which are similar in scope, magnitude, and complexity to the current requirement. Higher relevancy will be assessed for contracts that are similar to the effort, or portion of effort, for which that contractor is being proposed, and may contribute to an overall higher relevancy score for the offeror. Based on the evaluation of offers, the Government will assign a performance confidence rating for each proposal at the factor level. The evaluation will consider the sub-factors as described herein. Following assignment of the performance confidence rating for each proposal, each offeror will receive a final risk rating for performance based on the cumulative rating of performance currency, trends and relevancy

Factor 3 — Price:

· The purpose of the price evaluation is to determine fair and reasonable pricing in relation to the solicitation requirements. Offerors shall submit pricing in the Schedule, the SF1442 Back, and the Block 17 Continuation Page as a part of their price proposal.

Information Concerning Bidding Material, Bid Guarantee, and Bonds

(a) All offer materials will be posted on https://beta.sam.gov/ (System for Award Management). No hard copies will be available.

(b) An offer guarantee is required in an amount not less than 20 percent of the offer price but shall not exceed $3,000,000. Failure to furnish the required offer guarantee in the proper form and amount, by the time set for opening of offers, will require rejection of the offer in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then.

(c) The offeror to whom award is made will be required to furnish two bonds, a Performance Bond, SF 25, and a Payment Bond, SF 25A, each in the penal sum of 100% of the award amount.

(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 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
31 %
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 Orleans Parish New Orleans, Louisiana

(End of Provision)

2.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American—Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers.

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