36C26121R0021.docx
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- Solicitation number
- 36C26121R0021
About this file
This document is a request for proposals for refrigeration replacement services at a Department of Veterans Affairs medical center. The solicitation seeks offers from contractors to replace refrigeration units serving eight walk-in refrigerators and freezers at a VA hospital facility in Reno, Nevada. Offerors must have experience completing similar HVAC replacement projects valued between $500,000 and $1 million. The work includes installing new refrigeration equipment, electrical components, and piping; removing the existing system; and commissioning the new units. Offers are due by February 19, 2021 and the project is to be completed within 150 days of award. The solicitation is set aside for service-disabled veteran-owned small businesses and provides details on evaluation criteria, site visits, bonding requirements, and other contractual terms.
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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.
36C26121R0021
X 01-21-2021
654-21-1-6059-0009
654-20-132 36C261 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Sierra Nevada Health Care System 975 Kirman Avenue Reno NV 89502-2597 Electronic proposals have been authorized and shall be sent to Charee Harris via email to charee.harris@va.gov with subject line: Proposal Response 36C26121R0021 Charee Harris 775-788-5511 Project: 654-20-132 Replace Refrigerant NAICS Code: 236220 Electrical Contractors and Other Wiring Small Business Size Standard: $39.5M IAW VAAR 836.204, magnitude of construction is between $500,000.00 and $1,000,000.00.
Project description: The contractor shall provide all tools, labor, materials, equipment, project management, supervision, and transportation to complete the project both within schedule and within budget as awarded. This project calls for the contractor to Replace Refrigerant and refrigerant equipment for Building 1D per the Statement of Work, Specifications, and drawings.
Place of performance is 975 Kirman Avenue, Reno, Nevada 89502
Site Visit: A virtual site visit is scheduled for Thursday, January 28, 2021 at 1:30 PM Pacific Time.
participants will call or join via computer with TEAMS MEETING by calling 872-701-0185, meeting ID 628-687-594#.
The tour picutres are also attached to this solicitation.
In accordance with established public law, all bidders are required to be registered and current in System for award Management (SAM) at the time of award. The offical website of the U.S. Government at www.sam.gov
This is a total Service-Disabled Veteran Owned Small business (SDVOSB) set aside under public law 109-461.
This requirement will be awarded in accordance with FAR Part 15 Contract by Negotiaton Best Value Tradeoff (BVTO)
Prime SDVOSB shall comply with subcontracting limitation as defined in 13 CFR 125.6.
Bid, Payment and Performance bonds are required.
X X
52.211-10 X
Zero (0) 10:00
PST
02-19-2021 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
Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Sierra Nevada Healthcare System 975 Kirman Avenue Reno NV 89502
Department of Veterans Affairs FMS-VA-2(101) Financial Services Center
PO Box 149971 Austin TX 78714-9971
Charee Harris Contracting Officer NCO 21
STATEMENT OF WORK
Project 654-20-132 Refrigeration Replacement Bldg. 1
VA SIERRA NEVADA HEALTH CARE SYSTEM
RENO, NEVADA
Project Points of Contact Project Engineer and COR, Steven Elliott, 775-770-8688, steven.elliott3@va.gov Contracting Officer: Charee Harris, 775-788-5511, charee.harris@va.gov
1. GENERAL
1.1 The Contractor shall furnish all material, labor, services, supplies, equipment, testing, and supervision in order to install a fully functioning and complete system as part of this Statement of Work.
1.2 Provide professional construction services to install and make operational new refrigeration equipment, eight units for eight walk-in refrigerators/freezers, then remove existing refrigeration units, pumps, cooling tower and piping that serve the Building 1 Nutrition and Food Service area at the VA Reno hospital facility.
1.3 All work shall comply with VA, NFPA, EPA, and local codes as outlined in the specifications and on the construction drawings.
1.4 All contractor personnel must possess all certifications and licenses required by Local, State, and Federal jurisdictions to perform this work.
1.5 All field personnel prior to start of work shall have completed training to comply with OSHA 29 CFR 1926 and have completed OSHA 30-hour or 10-hour safety training, depending on the position.
2. SCOPE
2.1 Install according to the drawings and specifications provided replacement refrigeration units for refrigerated/frozen food storage, 3 freezers and 5 refrigerators.
2.2 Prepare and install the supporting framework on the roof of Bldg. 1, Center Wing, for two supporting stands for the refrigeration equipment.
2.3 Install new distribution board for electrical power serving the refrigeration equipment on the roof.
2.4 Install piping for the refrigerant from the condenser/evaporator locations and required protective coverings.
2.5 Install communication pathways for the controls and engineering monitoring systems for the refrigeration units, and new temperature/humidity monitoring system for the refrigerator/freezer boxes.
2.6 Install condenser units on the roof at the appropriate supporting framework locations.
2.7 Perform phased installation of the evaporator units in each of the seven (7) box units being replaced and provide for commissioning after installation.
2.8 Once all units have been installed and commissioned, begin removal of old equipment and piping from the box units, the basement, and the outside of the building. This includes the collection of all refrigerant and chemicals in the existing system and providing paperwork for tracking purposes.
2.9 Removal includes:
2.9.1 Remove all refrigerant from the system. Removal shall follow the EPA requirements, and all refrigerant removed reported to the COR for the VA records.
2.9.2 Remove all chemicals from the water treatment system and the cooling tower.
2.9.3 All evaporators.
2.9.4 The central compressor/condenser unit.
2.9.5 All system pumps.
2.9.6 The cooling tower unit and piping.
2.9.7 All water treatment system equipment, cabling, and piping.
2.9.8 All refrigerant piping from the system in all areas of the building.
2.9.9 All electrical and controls equipment for the existing system.
2.9.10 All demolished and removed materials are to be removed and disposed of by the general contractor, following appropriate safety requirements.
2.9.11 All chemicals and refrigerant shall be given to the VA for required disposal.
3. ADMINISTRATIVE
3.1 Schedule
3.1.1 It is the intent of the Reno VA that this work be accomplished within 150 days from time of contract award or Notice to Proceed, whichever is later.
3.1.2 Work hours
3.1.2.1 For non-outage activities, work is expected to take place during Monday through Friday, 7:30AM-4:00PM, excluding Federal Holidays.
3.1.2.2 For the outage to perform the switchover or work within the food preparation and storage areas, work is expected to take place during Monday through Friday, 8:00PM-4:30AM, excluding Federal Holidays.
3.2 Offer
3.2.1 The Contractor shall thoroughly review the Scope of Work and Bid Package. The offer shall be prepared to reflect all work required to provide a complete system.
3.2.2 The contractor shall provide for commissioning of the system to determine the functional operation of the system prior to removal of the existing refrigeration system.
3.2.3 Infection Control Risk Assessment (ICRA) will be required for all work areas and will specifically require work for installation and removal of systems within the 1st and 2nd floor food storage and preparation areas outside of normal working hours.
3.3 Location
3.3.1 The hospital is located at the Ioannis A. Lougaris VA Medical Center, 975 Kirman Avenue, Reno, Nevada 89502. The work will take place off Kirman Avenue, near the mid-point of the hospital, within and outside of Building 1.
3.3.2 It is recommended to perform a site walk to verify the location of the equipment, available crane space, working space, etc. prior to submitting bid.
3.3.3 No on-site storage or location for a job trailer is provided due to the severely limited space on this campus. Location for any storage is at the expense of the general contractor.
3.4 COVID-19
3.4.1 When working at the facility local Directives shall be followed. 3.4.2 has the directive link for the State of Nevada, and a PDF copy is attached.
3.4.2 The Link is: Nevada COVID-19 and Construction or https://dir.nv.gov/uploadedFiles/dirnvgov/content/home/features/OSHA%20Construction%20Guidance%20April%2020.pdf
3.4.3 All entry procedures for contractors shall be followed when entering the VA Reno site and buildings.
3.4.4 VA may change requirements for entry into the facility as required by the status of COVID-19. Contractor is required to follow all requirements in order to protect the safety of their employees, VA staff, VA visitors, and VA patients.
3.4.5 Contractors are required to have a flu shot to work on campus and provide proof of the vaccination as a submittal.
NEW COMMUNITY
Page 1 of
Table of Contents
| PART I - THE SCHEDULE | 1 |
| SECTION A - SOLICITATION/CONTRACT FORM | 1 |
| A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair) | 1 |
| A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION, ALTERATION, OR REPAIR)– BACK | 2 |
| STATEMENT OF WORK | 3 |
| INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS | 10 |
| 2.1 52.211-6 BRAND NAME OR EQUAL (AUG 1999) | 17 |
| 2.2 52.216-1 TYPE OF CONTRACT (APR 1984) | 18 |
| 2.3 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) | 18 |
| 2.4 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999) | 18 |
| 2.5 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014) | 19 |
| 2.6 52.228-1 BID GUARANTEE (SEP 1996) | 20 |
| 2.7 52.233-2 SERVICE OF PROTEST (SEP 2006) | 21 |
| 2.8 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995) | 21 |
| 2.9 52.246-26 REPORTING NONCONFORMING ITEMS (JUN 2020) | 22 |
| 2.10 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 25 |
| 2.11 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) | 25 |
| 2.12 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018) | 25 |
| REPRESENTATIONS AND CERTIFICATIONS | 27 |
| 3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020) | 27 |
| 3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020) | 31 |
| 3.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 33 |
| 3.4 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—CERTIFICATION (JUL 2020) | 35 |
| GENERAL CONDITIONS | 37 |
| 4.1 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 37 |
| 4.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) | 38 |
| 4.3 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (NOV 2020) | 38 |
| 4.4 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014) | 41 |
| 4.5 SUPPLEMENTAL INSURANCE REQUIREMENTS | 45 |
| 4.6 52.236-4 PHYSICAL DATA (APR 1984) | 45 |
| 4.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 46 |
| 4.8 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018) | 49 |
| 4.9 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018) | 50 |
| 4.10 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION) | 50 |
| 4.11 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018) | 52 |
| 4.12 VAAR 852.223-71 SAFETY AND HEALTH (SEP 2019) | 53 |
| 4.13 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008) | 54 |
| 4.14 VAAR 852.232-71 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (INCLUDING NAS– CPM) (NOV 2018) | 54 |
| 4.15 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 58 |
| 4.16 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019) | 59 |
| 4.17 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019) | 60 |
| 4.18 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019) | 60 |
| 4.19 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT ADMINISTRATION (APR 2019) | 60 |
| 4.20 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 61 |
| 4.21 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT (SEP 2019) | 61 |
| 4.22 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) | 63 |
| 4.23 IT CONTRACT SECURITY | 63 |
| 4.24 OTHER ATTACHMENTS | 73 |
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS
SOLICITATION MATERIALS:
Solicitation materials consist of VA provided Statement of Work, drawings, specifications, Request for Offer forms (SF1442), and any issued Amendments.
OFFER SUBMISSION:
The following documents are to be included in the RFP submission:
One (1) original completed Offer amount entered in block 17 of the SF1442 Offer page, and for block 17, a breakout for Construction Price.
Two (2) Non-Price Factor Offer, broken-down for Factor 1: Technical offer and Factor 2: Project resume (see: EVALUATION OF OFFEROR OFFERS)
One (1) fully completed and signed SF 1442 Offer page, acknowledgment of all amendments either via entering data in block 19 of the SF1442 or completing blocks 15a, b, and c of the Amendment and attaching to the SF 1442 Offer page;
One (1) fully completed Price Breakdown by Division sheet.
One (1) Documentation of Safety & Environmental Record
One (1) Documentation of Experience Modification Rate (EMR)
One (1) copy of Current General Contractor’s License.
Offerors are responsible for ensuring and verifying their price and all required documents are received at the email address designated in block 8 of the SF 1442 Solicitation and by the date and time specified in block 13A of the SF 1442 Solicitation (subject to amendment). Any exception to the terms and conditions of this request for offer will result in a nonresponsive offer.
OFFERS ARE TO BE SENT TO:
In accordance with FAR 15.203(c), Requests for Offers, electronic commerce may be used to issue RFPs and to receive offers, modifications, and revisions. In this case, the RFP shall specify the electronic commerce method(s) that offerors may use (see FAR subpart 4.5).
Offers have been authorized and are to be sent by email to Charee Harris at charee.harris@va.gov.
Solicitation number and title must be in the title of the email.
PROJECT TITLE AND NO.: Replace Refrigerant 654-20-132 PROJECT LOCATION: VA Sierra Nevada Health Care System MAGNITUDE OF PROJECT: Between $500,000.00 and $1,000,000.00 (IAW VAAR 836.204) TYPE CONSTRUCTION: Commercial and Institutional Building Construction
· NAICS: 236220
· Small Business Size: $39.5M PERFORMANCE PERIOD: The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 150 calendar days. The time stated for completion shall include final cleanup of the premises.
REQUESTS FOR INFORMATION (RFI):
To obtain clarifications and/or additional information concerning the contract requirements or specifications, submit a written RFI utilizing the RFI Form included in this RFP, which is to be sent via email to charee.harris@va.gov. See RFI form for specifics.
RFI responses will be responded to as necessary in amendment format which will be posted on FBO.
Deadline for submission of RFIs for this solicitation is February 15, 2021 at 10:00 AM Pacific Time. No questions will be answered after this date/time unless determined to be in the best interest of the Government as determined by the Contracting Officer. Telephone requests for information will not be accepted or returned.
OFFER DUE DATE SCHEDULE:
Offer volumes and the electronic copy are due by the date and time set for the receipt of offers shown in Block 13 of the SF 1442.
INSTRUCTIONS TO OFFERORS:
Offer received after February 19, 2021 10:00 AM Pacific Time may be rejected.
Any exception to the terms and conditions of this RFP will result in a nonresponsive offer.
Failure to provide a definitive price or conditioned price will result in a nonresponsive offer. Receipt of Non-Price Factor and Price Offer must be in accordance with terms and conditions of this RFP. Offerors must acknowledge (in writing only) amendments to this solicitation, otherwise an offer may be determined nonresponsive.
The apparent successful offeror must be determined as “responsible” by the Contracting Officer in accordance with FAR Part 9, Contractor Qualifications.
SITE VISIT
Offerors are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of performing these services. In no event shall failure to inspect the site constitute grounds for a claim after contract award.
A virtual Site Visit is scheduled for January 28, 2021 at 1:30 PM Pacific Time. Participants are asked to either join by computer or telephone to Microsoft Teams dial in 872-701-0185, Meeting ID 628-687-594# See Clause 52.236-27 Alternate I for additional details.
BID GUARANTEE: Bid Bonds are required.
PERFORMANCE & PAYMENT BONDS: In accordance with FAR 28.102-1 and Contract Clause 52.228-15, offerors are reminded that any award amount over $35,000 shall require a Payment Bond (or other acceptable protection – see clause FAR 52.228-13), and awards exceeding $150,000 shall require both Payment and Performance Bonds. All bonds are due no later than 10 calendar days after award.
AFFIRMATIVE ACTION GOALS AND GEOGRAPHICAL AREA: (reference FAR 52.222-23):
LIQUIDATED DAMAGES: N/A
WAGE DETERMINATION APPLICABLE TO THIS PROJECT: General Decision Number: DBWD NUMBER: DBWD Number NV20200040 Dated 11.19.2020 PER VHA DIRECTIVE 7715 (06 April 2017): SAFETY & ENVIRONMENTAL RECORD AND EXPERIENCE MODIFICATION RATE (EMR): To be eligible for consideration and award, the contractor shall have no more than three serious, or one repeat, or one willful OSHA or EPA violation(s) in the past 3 years and have an EMR of equal to or less than 1.0.
All contractor shall submit the following information pertaining to their past Safety & Environmental Record and EMR with their offer.
1. SAFETY & ENVIRONMENTAL RECORD: A self-certification on company letterhead that the contractor has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or any EPA violation(s) in the past three years.
1. EMR: All contractors shall submit information regarding their current EMR. This information shall be obtained from the contractor’s insurance carrier and be furnished on the insurance carrier’s letterhead. Must have an EMR of equal to or less than 1.0.
RESTRICTION ON SUBMISSION AND USE OF EQUAL PRODUCTS: ( ) YES or ( X ) NO (reference VAAR 852.236-90).
PRIVACY TRAINING: All workers regardless of project length must take VA Privacy Training which will be coordinated after project award with the Contracting Officer’s Representative.
TRAINING: All employees of the general contractor and subcontractors shall have the 10-hour OSHA certified construction safety course and/or other relevant competency training, as determined by the COR with input from the ICRA (Infection Control Risk Assessment) team. The General Contractor’s Competent Person/Superintendent shall have completed the 30-hour OSHA certified construction safety course. Documentation of training shall be submitted to the Contracting Officer for review and approval prior to any work being performed. No ID badge will be issued to an employee who does not provide this documentation. There shall be no exceptions to this requirement.
PRIVACY AND CONFIDENTIALITY: Contractors to the Department of Veteran Affairs may be unintentionally exposed to sensitive information. Information may be overheard, seen on documents or electronic devices, or observed that could potentially violate the privacy and confidentiality of our veterans, employees, volunteers, and their families. Regulations such as, but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Freedom of Information Act (FOIA) and Privacy Act of 1974 have been enacted to protect sensitive information from being improperly disclosed. Information should not be divulged or released to anyone unless specifically authorized by this contract or its’ attached documents in accordance with the contracted services. Failure to comply with applicable statutes and regulation can result in the termination of this contract and civil and criminal penalties, including fines and imprisonment. All suspected or actual breeches of privacy and confidentiality should be reported immediately to the Contracting Officer, Contracting Officer’s Representative (COR) or the Facility Privacy Officer.
The C&A requirements do not apply, and a Security Accreditation Package is not required. If the contractor opts to use a computer or computer system for processing contract documents, the requirements of FIPS 140-2 for encryption of contract documents must be met.
PLANS/SPECIFICATIONS/DRAWINGS: Drawings and specifications are attached in electronic format to this solicitation. Contractors are responsible for downloading and printing their own plan sets. The VA will not provide hard copies of the drawings and specifications to any Contractor. Contractors are responsible for ensuring that any construction document package used for their offer or construction is complete and up to date.
SYSTEM FOR AWARD MANAGEMENT (SAM): Federal Acquisition Regulations require that federal contractors register in the System for Award Management (SAM) database at http://www.sam.gov and enter all mandatory information into the system. Award cannot be made until the contractor has registered. Contractors are encouraged to ensure that they are registered in SAM prior to submitting their offer.
ADDITIONAL VETBIZ INFORMATION:
(a) Eligibility of SDVOSBs continues to be governed by the Small Business Administration regulations, 13 CFR subparts 125.8 through 125.13, as well as the FAR, except where expressly directed otherwise by the VAAR, and 38 CFR verification regulations for SDVOSBs.
(b) At the time of submission of offer, the offeror must represent to the contracting officer that it is a—
(1) SDVOSB concern
(2) Small business concern under the North American Industry Classification System (NAICS) code assigned to the acquisition; and
(3) Verified for eligibility in the VIP database.
(c) A joint venture may be considered an SDVOSB or VOSB concern if,
(1) At least one member of the joint venture is an SDVOSB or VOSB concern, and makes the representations in paragraph (b) of this section;
(2) Each other concern is small under the size standard corresponding to the NAICS code assigned to the procurement;
(3) The joint venture meets the requirements of paragraph 7 of the size standard explanation of affiliates in FAR 19.101; and
(4) The joint venture meets the requirements of 13 CFR 125.15(b), modified to include Veteran-owned small businesses where this CFR section refers to SDVOSB concerns.
(d) Any SDVOSB or VOSB concern (nonmanufacturer) must meet the requirements in FAR 19.102(f) to receive a benefit under this program.
JOINT VENTURES: See 13 C.F.R. § 121.103
(h) Affiliation based on joint ventures: A joint venture is an association of individuals and/or concerns with interests in any degree or proportion consorting to engage in and carry out no more than three specific or limited-purpose business ventures for joint profit over a two-year period, for which purpose they combine their efforts, property, money, skill, or knowledge, but not on a continuing or permanent basis for conducting business generally. This means that a specific joint venture entity generally may not be awarded more than three contracts over a two-year period, starting from the date of the award of the first contract, without the partners to the joint venture being deemed affiliated for all purposes.
Once a joint venture receives one contract, SBA will determine compliance with the three awards in two years rule for future awards as of the date of initial offer including price.
As such, an individual joint venture may be awarded more than three contracts without SBA finding general affiliation between the joint venture partners where the joint venture had received two or fewer contracts as of the date it submitted one or more additional offers which thereafter result in one or more additional contract awards. The same two (or more) entities may create additional joint ventures, and each new joint venture entity may be awarded up to three contracts in accordance with this section. At some point, however, such a longstanding inter-relationship or contractual dependence between the same joint venture partners will lead to a finding of general affiliation between and among them.
For purposes of this provision and in order to facilitate tracking of the number of contract awards made to a joint venture, a joint venture must be in writing and must do business under its own name, and it may (but need not) be in the form of a separate legal entity, and if it is a separate legal entity it may (but need not) be populated (i.e., have its own separate employees). SBA may also determine that the relationship between a prime contractor and its subcontractor is a joint venture, and that affiliation between the two exists, pursuant to paragraph (h)(4) of this section.
EVALUATION OF OFFEROR FOR SOLE-SOURCE OFFER:
An evaluation for acceptability will be performed on each offer, in accordance with FAR 15.101-2. The offer that provides a fair and reasonable price and is otherwise considered to meet the requirements in all factors will be selected for award. To be considered acceptable, no non-price factor in the offer may be determined to be unacceptable. The failure of an offer to meet a non-price factor will result in an unacceptable rating and preclude award. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.
EVALUATION OF THE PRICE OFFERS:
a. Price will be evaluated and considered or combined with other aspects of the offer evaluation. The proposed price will be analyzed for reasonableness. It may also be analyzed to determine whether the price reflects a clear understanding of the requirements and is consistent with the information provided by the Offeror. Additionally, it will be analyzed for unbalanced pricing.
b. The otherwise best value, lowest-priced offeror may be required to confirm its price on either a CLIN, divisional, element, or total price basis, and/or provide additional information in support of their price, prior to contract award at the Government’s request and discretion.
In Accordance with FAR 15.304 (e) all evaluation factors other than cost or price, when combined, are—Approximately equal to cost or price.
EVALUATION OF THE NON-PRICE FACTOR OFFER. The Non-Price Factor Offer will be evaluated based on the criteria below. The Technical Evaluation Board will evaluate each offer’s offer against the requirements to determine whether the offer is acceptable or unacceptable, using the ratings and descriptions in the following table:
Table A-1. Technical Acceptable/Unacceptable Rating
| Rating | Description | |
| Acceptable | Offer clearly meets the minimum requirements of the solicitation. | |
| Unacceptable | Offer does not clearly meet the minimum requirements of the solicitation. |
NON-PRICE FACTOR 1: TECHNICAL
Technical offer: Provide a Project Plan in any approved Critical Path Method (CPM) format, subject to the approval by the Resident Engineer, with a Tentative NTP date of 10 days after award. Additionally, provide a brief synopsis (NTE 3 pages) describing your technical solution to augment and support the Project Plan to meet the period of performance accordingly. The Project Plan should clearly demonstrate a complete understanding of the tasks necessary in accordance with all drawings, specifications, and the statement of work.
A successful project plan will provide the Government confidence that the project is structured to be executable for the resources indicated. The Project Plan, cost breakdown, and products proposed, and project schedule should clearly demonstrate an adequate understanding of the tasks and resources necessary to meet the requirements listed in the drawings, specifications, and the statement of work. The project plan developed for this solicitation is for evaluation purposes only and to assess the contractor’s ability to meet the required period of performance.
Failure to demonstrate the minimally acceptability standards under this factor will result in an “UNACCEPTABLE” rating and possible elimination from further consideration for contract award.
NON-PRICE FACTOR 2: TECHNICAL
Provide a resume which demonstrates two similar projects in scope specifically for HVAC replacement, dollar value, and includes any phasing criteria that is both recent and relevant. Recent is deemed to be within the last seven (7) years. Not to Exceed 10 pages.
GENERAL TECHNICAL CRITERIA
a. Material omission(s) may cause the technical offer to be rejected as unacceptable.
b. Offers which are generic, vague, or lacking in detail may be considered unacceptable. The offeror’s failure to include information that the Government has indicated is necessary should be included may result in the offer being found deficient if inadequate detail is provided.
c. The Government cannot make award based on a deficient offer. Therefore, receipt of an “UNACCEPTABLE” determination of acceptability for any factor will make the offer ineligible for award, unless the Government elects to enter into discussions with that Offeror and all deficiencies are remedied in a revised offer.
BASIS FOR AWARD: Award will be made on the basis of a fair and reasonable price that meets or exceeds the acceptability standard for the non-price factors.
RESPONSIBILITY REQUIREMENTS: A responsibility check will be accomplished for the apparent awardee prior to award. Checks of the VIP database (to insure apparently successful offeror is a verified Service Disabled Veteran Owned Small Business), System for Award Management (SAM) database (Central Contractor Registration, Online Representations and Certifications, and Excluded Parties List System to insure registrations are current, valid, and no debarment records exist), and Experian (to check Supplier Qualifier Rating to insure it is below a risk value of 7). Any information retrieved or received by the Government that would be cause for negative or unsatisfactory responsibility rating may result in the offeror being determined ineligible for award.
CONFORMANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS: The Contractor shall perform work under this contract consistent with the relevant policy and objectives identified in the agency, organizational, or facility Green Environmental Management System (GEMS) applicable for your contract. The Contractor shall perform work in a manner that conforms to all appropriate Environmental Management Programs and Operational Controls identified by the agency, organizational, or facility GEMS, and provide monitoring and measurement information as necessary for the organization to address environmental performance relative to the environmental, energy, and transportation management goals. In the event an environmental nonconformance or noncompliance associated with the contracted services is identified, the contractor shall take corrective and/or preventative actions. In the case of a noncompliance, the Contractor shall respond and take corrective action immediately. In the case of a nonconformance, the Contractor shall respond and take corrective action based on the time schedule established by the facility GEMS Coordinator. In addition, the Contractor shall ensure that their employees are aware of the roles and responsibilities identified by the environmental management system and how these requirements affect their work performed under this contract.
All on-site contractor personnel shall complete yearly EPA sponsored environmental training specified for the type of work conducted on-site. Upon inclusion in the contract, the Contracting Officer’s Representative will verify that all contractor personnel have acquired EMS Awareness Training at their appropriate site or location.
REFERENCES TO VA ENGINEER, RESIDENT ENGINEER, SENIOR RESIDENT ENGINEER, OR PROJECT MANAGER: Any reference contained within solicitation documents, and any resultant contract, the terms Contracting Officer's Technical Representative (COTR), Contracting Officer's Representative (COR), Project Engineer (PE), Resident Engineer (RE), and Project Manager (PM), all denote the same engineering official and may be used equally and interchangeably as described by the Contracting Officer (CO).
SMOKE AND CARBON MONOXIDE MONITORING REQUIREMENTS: Contractor, his employees, his subcontractors, and their employees shall adhere to VA, VHA, and VASNHCS Policies for smoke and carbon monoxide monitoring requirements. They are available upon request from COR.
WORKDAYS AND HOURS: For Reno, normal workdays and hours for this project will be Monday through Friday, excluding federal holidays, from 7:00 a.m. to 4:00 p.m. Access to the work site may be restricted to these hours and days. Work during other than normal work days and hours have been determined necessary for a portion of the work within the food service area and are tentatively set for 8:00 PM to 4:30 AM Pacific Time Monday through Friday, however days and hours must still be coordinated in advance with the Contracting Officer through the COR.
FEDERAL HOLIDAYS ARE:
New Year's Day Labor Day Martin Luther King Day Columbus Day Presidents' Day Veterans' Day Memorial Day Thanksgiving Independence Day Christmas
2.1 52.211-6 BRAND NAME OR EQUAL (AUG 1999)
(a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation.
(b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must—
(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;
(2) Clearly identify the item by—
(i) Brand name, if any; and
(ii) Make or model number;
(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and
(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.
(c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.
(d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation.
(End of Provision)
2.2 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)
2.3 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)
2.4 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 |
| 8.2 % |
| 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 Reno, Washoe County, state of Nevada.
2.5 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)
2.6 52.228-1 BID GUARANTEE (SEP 1996)
(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.
(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—
(1) To unsuccessful bidders as soon as practicable after the opening of bids; and
(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.
(c) The amount of the bid guarantee shall be 20% percent of the bid price or $3,000,000.00, whichever is less.
(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.
(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.
(End of Provision)
2.7 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:
Charee Harris Hand-Carried Address:
Department of Veterans Affairs Network Contracting Office 21 (NCO 21) 975 Kirman Avenue Reno, NV 89502 Mailing Address:
Department of Veterans Affairs Network Contracting Office 21 (NCO 21) 975 Kirman Avenue Reno, NV 89502
(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— Thursday, January 28, 2021 at 1:30 P.M. Pacific Time.
(c) Participants will meet at— Participants will meet virtually via Microsoft Teams Meeting by computer or you may call 872-701-0185, Meeting ID No. 628-687-594#
Join on your computer or mobile app Click here to join the meeting Or call in (audio only) +1 872-701-0185,628687594# United States, Chicago Phone Conference ID: 628 687 594# Find a local number | Reset PIN
(End of Provision)
2.9 52.246-26 REPORTING NONCONFORMING ITEMS (JUN 2020)
(a) Definitions. As used in this clause— Common item means an item that has multiple applications versus a single or peculiar application.
Counterfeit item means an unlawful or unauthorized reproduction, substitution, or alteration that has been knowingly mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified item from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitution includes used items represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.
Critical item means an item, the failure of which is likely to result in hazardous or unsafe conditions for individuals using, maintaining, or depending upon the item; or is likely to prevent performance of a vital agency mission.
Critical nonconformance…
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