36C25621R0120 - Project 586-18-101.pdf
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- Solicitation number
- 36C25621R0120
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This document provides details for a federal construction contract opportunity to renovate inpatient ward space at the Michael E. DeBakey VA Medical Center in Houston, Texas. The project involves demolishing and renovating approximately 26,000 square feet to consolidate and enhance physical medicine and rehabilitation services. Work includes construction, demolition, architectural, mechanical, electrical, structural, plumbing, communications, fire protection and interior finishes. The performance period is 365 calendar days from notice to proceed. The solicitation will be issued as a request for proposals to Service-Disabled Veteran-Owned Small Businesses only, with at least 15% of contract costs to be spent on eligible SDVOSB concerns. Interested parties should monitor the website for posting of the solicitation and any amendments in August 2021. Offerors must register in SAM, Vendor Information Pages, and represent themselves in ORCA by the response due date. The magnitude is between $1-5 million under NAICS 236220 with a $39.5 million size standard.
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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.
1 52
36C25621R0120
X
08-02-2021
586-21-3-1536-0006
586-18-101
Department of Veterans Affairs
Network Contracting Office 16
Michael E. DeBakey VA Medical Center
2002 Holcombe BLVD
Houston TX 77030 4298
Department of Veterans Affairs
Network Contracting Office 16
Michael E. DeBakey VA Medical Center
2002 Holcombe BLVD
Houston TX 77030 4298
Kenny Holestin (713)794-8548
A. This project is to renovate inpatient ward 2A. All work will be completed at the G.V (Sonny) Montgomery VAMC located at 1500 E Woodrow Wilson Ave, Jackson, MS. All construction work work shall adhere to the latest Joint Commission
Standards, NFPA, and life safety requirements. All work shall be performed per the contract specifications drawings, and attached documents herein.
B. Contractor shall use the attached US Department of LaborWage Determinations MS20210051 in accordance with the Davis Bacon Act.
C. The magnitude of construction is between $5,000,000 and $10,000,000 per FAR 36.204 and VAAR 836.204. Bid Bonds, Payment Bonds, and Performance Bonds are required.
D. NAICS code for this project is 236220 with a small business size standard of $39.5 Million.
E. This is a total Service-Disabled Veteran-Owned Small Business (SDVOSB) set-aside competitive procurement pursuant to
Public Law 109-461 (38 USC 8127). The SDVOSB is required toperform a minimum of 15% of the construction work. The
SDVOSB must be a small business under the relevant NAICS code. Vendors submitting proposals under a Joint Venture shall submit a copy of their Joint Venture agreement with their offer. Joint Ventures shall comply with VAAR 819.7003(c).
F. IMPORTANT: All SDVOSB contractors shall be Center for Verification and Evaluation (CVE) verified with the assigned
NAICS code in order to receive contract award. Visit the following website for more information:
www.vip.vetbiz.va.gov.
G. Offerors shall be actively registered in SAM and be verified in VetBiz at the time offers are due. Offers may be rejected if they do not comply with this requirement.
H. Deadline for solicitation inquires is 8/18/21 at 12:00PMCST. Questions shall be emailed to Kenny.Holestin@va.gov
I. An organized pre-proposal site visit is scheduled. See site visit instructions attached.
10 365 x x 52.211-10
X
See Instructions 12:00 CDT
09-01-2021
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. 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
Item 1 all work in accordance with the project drawings and specifications $__________________ *
* Offeror shall complete price break down sheet attached
Department of Veterans Affairs
Network Contracting Office 16
Michael E. DeBakey VA Medical Center
2002 Holcombe BLVD
Houston TX 77030 4298
FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp
Invoice Setup Information 1-877-489-6135 invoice must be submitted electronically
1-877-489-6135
Benjamin DuFour
Contracting Officer
Table of Contents
PART I - THE SCHEDULE
SECTION A - SOLICITATION/CONTRACT FORM
A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or
Repair)
A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION,
ALTERATION, OR REPAIR)– BACK
INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS
EVALUATION FACTORS
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS
2.1 52.216-1 TYPE OF CONTRACT (APR 1984)
2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE
OF THE WORK (MAY 2014)
2.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE
EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)
2.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION
MATERIALS (MAY 2014)
2.5 52.228-1 BID GUARANTEE (SEP 1996)
2.6 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE)
(FEB 2021)
2.7 52.233-2 SERVICE OF PROTEST (SEP 2006)
2.8 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)
2.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
1998)
2.10 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND
VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)
2.11 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)
REPRESENTATIONS AND CERTIFICATIONS
3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)
(JUL 2020) (DEVIATION)
3.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
3.3 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—
CERTIFICATION (FEB 2021)
GENERAL CONDITIONS
4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND
CERTIFICATIONS (DEC 2014)
4.2 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE,
AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER
COVERED ENTITIES (JUL 2018)
4.3 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING
RESPONSIBILITY MATTERS (OCT 2018)
4.4 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK
(APR 1984) ALTERNATE I (APR 1984)
4.5 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION
(NOV 2020)
4.6 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)
4.7 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL
LABOR RELATIONS ACT (DEC 2010)
4.8 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (FEB 2021)
4.9 52.227-4 PATENT INDEMNITY—CONSTRUCTION CONTRACTS (DEC 2007)
ALTERNATE I (DEC 2007)
4.10 SUPPLEMENTAL INSURANCE REQUIREMENTS
4.11 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
852.219-10 VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-
Aside. (NOV 2020) (DEVIATION)
4.12 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-
OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)
4.13 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND
COMPLIANCE (JUL 2018)
4.14 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV
2018)
4.15 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION
(APR 2019)
4.16 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019)
4.17 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019)
4.18 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT
ADMINISTRATION (OCT 2020)
4.19 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT
(SEP 2019)
4.20 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN
2008)
Amendments ..................................................................... Error! Bookmark not defined.
INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE
AND BONDS
The Offeror’s proposal shall be submitted electronically (except the bid bond) via email to
Kenny.Holestin@va.gov by the date and time indicated in the solicitation/solicitation amendments in the files set forth below. An original copy of the bid bond with raised seals and wet signatures SHALL be mailed to the address below. The original bid bond SHALL be delivered by or prior to the solicitation closing date/time. In order for your firm to be considered for award, a complete proposal, including the bid bond, shall be received by the government by the solicitation due date/time.
MEDVAMC (90C) Attn: Kenny Holestin, Room 4B-313
2002 Holcombe Boulevard
Houston, TX 77030
PROPOSAL FILES. Offeror’s responses shall be submitted in accordance with the following:
a. Format. The submission shall be clearly indexed and logically assembled.
Each volume’s cover page shall include company name, date, and solicitation number only. Any other information included on the cover page will not be evaluated. All pages of Volume I shall be appropriately numbered and identified by the complete company name, date and solicitation number in the header and/or footer. Proposal page limitations are applicable to this procurement. The Table below indicates the maximum page count for each volume of the Offeror’s proposal. All proprietary information shall be clearly and properly marked. If the Offeror submits annexes, documentation, attachments or the like, not specifically required by this solicitation, such will count against the Offeror’s page limitations unless otherwise indicated in the specific Volume instructions below. Pages in violation of these instructions, by exceeding the total page limit for a particular volume, will not be evaluated. The page count will be determined by counting the pages in the order they are assembled by the offeror, minus the cover page.
b. Offeror may only submit one (1) email for their proposal submission. Email size limitation is 15MB.
c. Content Requirements. All information shall be confined to the appropriate file. The Offeror shall confine submissions to essential matters, sufficient to define the proposal and provide an adequate basis for evaluation. Offerors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of each proposal. The page limits and font size requirements for each volume are shown in the Table below:
mailto:Kenny.Holestin@va.gov
Volume Number Factor Page Limitations Font Size/Paper
Size
Volume I Technical 20 pages, + cover page
12pt/8.5”x11”
Volume II Past Performance None N/A
Volume III Price - Solicitation -
Offer - Award
Documents
None N/A
Solicitation - Offer - Award Documents Submission Requirements:
1. 2-page SF1442 completed and signed by the signatory authority. The signature shall be a wet signature, and then the document may be scanned and submitted electronically.
Microsoft Word “signatures” in different fonts, digital signatures, and scanned jpeg signatures are not allowed. All blocks under section “OFFER” on page 2 of SF1442 (Item
14 thru 20C) shall be completed.
2. Price breakout form shall be submitted.
3. To be eligible for award, Offerors are required to be CVE SDVOSB certified. Offerors must register their businesses at http://www.vetbiz.gov/ and https://www.sam.gov/portal/public/SAM/ and complete the ORCA. Upon request by the
Government, Offerors shall submit a printout of their ORCA. Joint Ventures shall comply with VAAR 819.7003(c).
4. Acknowledgement of ALL Amendments. Offerors shall be solely responsible for monitoring Government’s website www.betaSAM.gov for amendments to this solicitation.
5. Proof VETS 100 has been filed for 2020.
6. Experience Modification Rate (EMR).
7. Duly executed Bid Bond/Guarantee: Offerors shall use form SF24 Bid Bond. Bid bonds that are found noncompliant with bid guarantee requirements will result in the rejection of the proposal. See clause 52.228-1 Bid Guarantee for additional information on the compliance with bid guarantee requirements. This requirement shall be mailed and delivered to the government prior to the solicitation closing as stated above.
It is solely the responsibility of the offerors to ensure the Government receives the proposal before or on the exact due date and time set forth in this solicitation. Offerors shall provide the
Contracting Officer confirmation of delivery via email to Kenny.Holestin@va.gov prior to the closing date/time if the offeror uses a mail carrier, such as FedEx, UPS, or USPS for the bid bond. Tracking number and the name of the person who signed for the package is required.
All inquiries about this solicitation shall be directly submitted in writing via email to
Kenny.Holestin@va.gov . No phone or faxed inquiry will be accepted. Deadline for all inquiries for this solicitation is listed on the SF 1442.
Government’s responses to inquiries will be issued in the form of Amendment(s) to be posted on the same website where this solicitation is posted: www.betaSAM.gov. All interested offerors including those submitting inquiries are required to monitor the above website for any posted amendments and acknowledge them in accordance with the instructions provided in the amendments as well as in this solicitation.
http://www.vetbiz.gov/ https://www.sam.gov/portal/public/SAM/ http://www.betasam.gov/ mailto:Kenny.Holestin@va.gov mailto:Kenny.Holestin@va.gov http://www.betasam.gov/
EVALUATION FACTORS
Factor 1—Technical: Construction Management
Technical Evaluation for Construction Management will be based on the following significant subfactors which are of equal importance:
SUBFACTORS:
•Subfactor 1a. Corporate Construction Capabilities
•Subfactor 1b. Key Project Personnel Construction Experience; and
•Subfactor 1c. Technical/Management Approach
1a. Corporate Construction Capabilities: The offeror shall demonstrate corporate construction capabilities. Provide current projects being conducted along with a description of ongoing projects of similar size, scope, and complexity (in a Hospital facility or similar working conditions).
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 5 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 the 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 submit a site-specific Quality Control Plan describing techniques for maintaining quality control.
Factor 2 — Past Performance:
The Offeror shall demonstrate recent (within the last five 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 LESS THAN THREE (3) 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 and arrive not later than the closing date/time for receipt of proposals shown on the SF1442.
Completed questionnaires shall be forwarded via email to Kenny.Holestin@va.gov. The subject line shall state 36C25621R0120 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.
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.
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.
In accordance with FAR 15.306(a)(2), if award will be made without conducting discussions, an offeror may be given the opportunity to clarify certain aspects of their proposal (i.e. the relevance of an offeror's past performance information) as related to this acquisition, address adverse past performance information to which the offeror has not previously had an opportunity to respond or to resolve minor clerical errors.
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 five
(5) years from the solicitation 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.
PERFORMANCE CONFIDENCE ASSESSMENTS
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. The resulting evaluation will assign one of the confidence ratings as defined in the table above. The SSEB must establish overall team ratings by consensus and not by vote. If a consensus cannot be reached, the SSEB will provide the SSA with written majority and minority opinions. The
SSEB will ensure that none of the SSEB members have misinterpreted or misunderstood any aspects of the proposal prior to issuing the majority and minority opinions.
Please note that the SSEB may contact the references supplied for projects submitted. Each reference may be asked the following:
• Was the Contractor cooperative, capable, and effective in prosecuting the work?
• Did Contractor’s performance conform to the terms and conditions of the contract?
• Once completed, did the project require unexpected maintenance activity?
• Have any latent defects been found?
• Was the staffing level consistent with the project size and complexity?
• Would the client use this firm again? Why or why not?
Offeror shall provide the following information for each contract/project submitted for evaluation:
• Company Name/Address/Phone number/Email Address
• Project Title
• Contracting Office/Government Agency
• Contract Number
• Total Contract Amount
• Period of Performance
• Contracting Officer (CO) name, Phone Number and Email
• Contracting Officer’s Representative (COR) Name, Phone number, and email address
• Brief Description of the Project /Requirements and number of personnel assigned to the project.
• Following assignment of the performance confidence rating for each proposal, each offeror will receive a final rating for performance based on the cumulative rating of performance currency, trends and relevancy. The SSEB must establish overall team ratings by consensus and not by vote. If a consensus cannot be reached, the SSEB will provide the SSA with written majority and minority opinions. The SSEB will ensure that none of the SSEB members have misinterpreted or misunderstood any aspects of the proposal prior to issuing the majority and minority opinions.
• Evaluation. The SSEB members will perform independent, individual evaluations prior to group rating. The SSEB will compile all data into an integrated assessment and prepare the proposal evaluation report for submission to the SSA.
Factor 3 — Price:
• The purpose of the price evaluation is to provide an assessment of the completeness and reasonableness of the proposed price in relation to the solicitation requirements. Offerors shall submit pricing in the Schedule and on the SF1442 Back as a part of their price proposal. Price proposals will be evaluated to determine if the prices and support costs areas are:
• Complete – The proposal contains costs to perform all tasks required by the Scope of Work
(SOW), Specifications, and Design Drawings if provided.
• Reasonable – The price is determined fair and reasonable using price analysis techniques described in FAR 15.404.
• Each proposal will be evaluated to determine whether it complies with the stated criteria.
Those proposals evaluated as not satisfying all the price criteria may be eliminated from consideration for award unless the SSA determines:
• A minor clerical error has occurred, then the offeror may be given an opportunity to correct the minor error within the constraints of the "clarifications" process; or
• After the non-price factors have been evaluated and rankings have been established, price will be compared against these rankings to determine the combination most advantageous to the
Government.
• The evaluation of price will be based on each offeror’s price proposed.
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
27.3 % 6.9 %
These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance
Programs office.
(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action
Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order
11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.
(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for
Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the—
(1) Name, address, and telephone number of the subcontractor;
(2) Employer's identification number of the subcontractor;
(3) Estimated dollar amount of the subcontract;
(4) Estimated starting and completion dates of the subcontract; and
(5) Geographical area in which the subcontract is to be performed.
(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is
(End of Provision)
2.4 52.225-10 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. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.
(c) Evaluation of offers.
(1) The Government will evaluate an offer requesting exception to the requirements of the
Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.
(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.
(d) Alternate offers.
(1) When an offer includes foreign solicitation in paragraph (b)(2) of the clause at FAR
52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.
(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.
(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—
(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or
(ii) May be accepted if revised during negotiations.
(End of Provision)
2.5 52.228-1 BID GUARANTEE (SEP 1996)
(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.
(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury
Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—
(1) To unsuccessful bidders as soon as practicable after the opening of bids; and
(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.
(c) The amount of the bid guarantee shall be 20 percent of the bid price or 3,000,000, whichever is less.
(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.
(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.
(End of Provision)
2.6 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID
GUARANTEE) (FEB 2021)
(a) Offerors shall obtain from each person acting as an individual surety on a bid guarantee—
(1) A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203–1; and
(2) Standard Form 28, Affidavit of Individual Surety.
(b) The Offeror shall include with its offer the information required at paragraph (a) of this provision within the timeframe specified in the provision at FAR 52.228–1, Bid Guarantee, or as otherwise established by the Contracting Officer.
(c) The Contracting Officer may release the security interest on the individual surety’s assets in support of a bid guarantee based upon evidence that the offer supported by the individual surety will not result in contract award.
(End of Provision)
2.7 52.233-2 SERVICE OF PROTEST (SEP 2006)
Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government
Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:
Kenny Holestin Contract Specialist
Hand-Carried Address:
Department of Veterans Affairs Acquisition & Materiel Management Michael E. DeBakey VA Medical Center 2002 Holcombe BLVD Houston TX 77030 4298
Mailing Address:
Department of Veterans Affairs Acquisition & Materiel Management Michael E. DeBakey VA Medical Center 2002 Holcombe BLVD Houston TX 77030 4298
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
(End of Provision)
2.8 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I
(FEB 1995)
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and
Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.
(b) An organized site visit has been scheduled for—
Wednesday, August 11, 2021 See "Site Visit Instructions"
(c) Participants will meet at—
G.V. Sonny Montgomery VA Medical Center Main Lobby
(End of Provision)
2.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY
REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/
2.10 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED
AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC
2009)
Prime contractors are encouraged to assist service-disabled veteran-owned and veteran-owned small business potential subcontractors in obtaining bonding, when required. Mentor firms are encouraged to assist protégé firms under VA's Mentor-Protégé Program in obtaining acceptable bid, payment, and performance bonds, when required, as a prime contractor under a solicitation or contract and in obtaining any required bonds under subcontracts.
(End of Clause)
2.11 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)
(a) As an alternative to filing a protest with the Contracting Officer, an interested party may file a protest by mail or electronically with: Executive Director, Office of Acquisition and Logistics, Risk Management and Compliance Service (003A2C), Department of Veterans Affairs, 810
Vermont Avenue NW, Washington, DC 20420 or Email: EDProtests@va.gov.
(b) The protest will not be considered if the interested party has a protest on the same or similar issue(s) pending with the Contracting Officer.
PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:
Deputy Assistant Secretary for Acquisition and Logistics, Risk Management Team, Department of Veterans Affairs 810 Vermont Avenue, N.W.
Washington, DC 20420 Or for solicitations issued by the Office of Construction and Facilities Management:
Director, Office of Construction and Facilities Management 811 Vermont Avenue, N.W.
Washington, DC 20420
FAR
Number
Title Date
52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018
52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE
REPORTING
AUG 2020
52.204-22 ALTERNATIVE LINE ITEM PROPOSAL JAN 2017
52.215-1 INSTRUCTIONS TO OFFERORS—COMPETITIVE
ACQUISITION
JAN 2017
52.236-28 PREPARATION OF PROPOSALS—CONSTRUCTION OCT 1997
852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE
RESOLUTION
OCT 2018
REPRESENTATIONS AND CERTIFICATIONS
3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR
2020) (JUL 2020) (DEVIATION)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is
236220.
(2) The small business size standard is $39.5 Million.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204–7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management
(SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
[ ] (i) Paragraph (d) applies.
[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal
Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal
Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.204-26, Covered Telecommunications Equipment or Services—Representation. This provision applies to all solicitations.
(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—
Representation.
(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a
Felony Conviction under any Federal Law. This provision applies to all solicitations.
(x) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the
Coast Guard.
(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.
(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal
Opportunity.
(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at
52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction
Contracts.
(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.
(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--
Representation. This provision applies to solicitations that include the clause at 52.204-7.)
(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xxi) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate.
(Basic, Alternates II and III.) This provision applies to solicitations containing the clause at
52.225-3.
(A) If the acquisition value is less than $50,000, the basic provision applies.
(B) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.
(C) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.
(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—
Certification. This provision applies to all solicitations.
(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or
Transactions Relating to Iran—Representation and Certifications. This provision applies to all solicitations.
(xxv) 52.226-2, Historically Black College or University and Minority Institution
Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and
(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at
52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.
(2) The following representations or certifications are applicable as indicated by the
Contracting Officer:
[X](i) 52.204-17, Ownership or Control of Offeror.
[X](ii) 52.204-20, Predecessor of Offeror.
[](iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
[](iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to
Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Certification.
[](v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to
Contracts for Certain Services—Certification.
[](vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for
EPA-Designated Products (Alternate I only).
[](vii) 52.227-6, Royalty Information.
[](A) Basic.
[](B) Alternate I.
[](viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The Offeror has completed the annual representations and certifications electronically in
SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the…
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