36C26122R0010_2.docx

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Z2GZ--Replace Building 32 Elevator for Safety | 570-21-800 Total SB Set-Aside
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36C26122R0010
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This pre-solicitation notice announces a forthcoming request for proposal for a construction contract. The Veterans Health Administration will award a firm-fixed-price contract to replace an existing freight elevator at the VA Central California Healthcare System campus in Fresno, California. The project involves replacing mechanical controls, the motor, doors, cab, and adding a new shaft penetration. The contract value is estimated between $1 million and $2 million, with a 329-day period of performance after notice to proceed. The NAICS code is 238290 for other building equipment contractors, and the small business size standard is $16.5 million. The solicitation will be a total small business set-aside and require payment and performance bonds. Offerors must register in the System for Award Management and have a DUNS number to access solicitation documents on SAM.gov. The anticipated solicitation issuance date is November 23, 2021.

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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.

36C26122R0010 X 11-23-2021 570-22-1-677-0001 570-21-800 Department of Veterans Affairs Veterans Health Administration (VHA) Network Contracting office (NCO) 21 3230 Peacekeeper Way, Bldg 209 McClellan CA 95652-2609 via email to james.rall@va.gov

James D. W. Rall 916.494.9362 Project Title: Replace Building 32 Elevator for Safety Place of Performance: VA CENTRAL CALIFORNIA HEALTH CARE SYSTEM, 2615 E. Clinton Ave., Fresno, CA 93703 Project Number: 570-21-800

Description: The contractor shall provide all necessary and required construction services to include, but not limited to: tools, equipment, materials, labor, travel, project management, administrative support, contractor quality control, expertise, supervision, testing, analysis, and specialty services to accomplish all items and requirements for the Replace Building 32 Elevator for Safety project. This project will replace the four story, currently 6 stop, hydraulic freight elevator located within the VACCHCS Warehouse (Building 32). The freight elevator replacement will include all mechanical controls, a new motor, new vertically opening bi-parting doors, a new cab, and 1 new shaft penetration, as detailed in the Statement of Work and solicitation documents.

X X 52.211-10 X

2:00 PM

PST

12-28-2021 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 Veterans Health Administration (VHA) Network Contracting Office (NCO) 21 3230 Peacekeeper Way, Bldg. 209 McClellan CA 95652-1012 Department of Veterans Affairs FMS VA-9(101) Financial Services Center PO Box 149971 Austin TX 78714-9971

Table of Contents

PART I - THE SCHEDULE1
SECTION A - SOLICITATION/CONTRACT FORM1
A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)1
A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION, ALTERATION, OR REPAIR)– BACK2
INFORMATION REGARDING PROPOSAL MATERIAL, BID GUARANTEE AND BONDS6
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO OFFERORS7
1.1 AVAILABILITY OF SOLICITATION DOCUMENTS:7
1.2 SMALL BUSINESS SET-ASIDE:7
1.3 TECHNICAL QUESTIONS:7
1.4 AMENDMENTS:7
1.5 PREPARATION OF PROPOSALS:7
1.6 SELECTION PROCEDURES:7
1.7 PROPOSAL REQUIREMENTS:8
1.8 DETERMINATION OF RESPONSIBILITY:13
1.9 VETS 4212:14
1.10 SYSTEM FOR AWARD MANAGEMENT (SAM):14
1.11 REVIEW REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE ASSESSMENT SYSTEM (CPARS):14
1.12 BACKGROUND INVESTIGATIONS AND SPECIAL AGREEMENT CHECKS:15
1.13 REFERENCES TO VA ENGINEER, RESIDENT ENGINEER OR PROJECT MANAGER:15
STATEMENT OF WORK16
2.1 52.216-1 TYPE OF CONTRACT (APR 1984)23
2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014)23
2.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)23
2.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)24
2.5 52.228-1 BID GUARANTEE (SEP 1996)25
2.6 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021)26
2.7 52.233-2 SERVICE OF PROTEST (SEP 2006)26
2.8 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)27
2.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)27
2.10 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)28
2.11 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)28
REPRESENTATIONS AND CERTIFICATIONS30
3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020) (JUL 2020) (DEVIATION)30
3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)33
3.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)36
3.4 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—CERTIFICATION (FEB 2021)37
GENERAL CONDITIONS40
4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)40
4.2 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)40
4.3 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)41
4.4 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)43
4.5 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ALTERNATE I (APR 1984)44
4.6 52.219-14 LIMITATIONS ON SUBCONTRACTING (SEP 2021)44
4.7 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (SEP 2021)46
4.8 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)49
4.9 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010)50
4.10 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (FEB 2021)51
4.11 SUPPLEMENTAL INSURANCE REQUIREMENTS55
4.12 52.223-20 AEROSOLS (JUN 2016)55
4.13 52.223-21 FOAMS (JUN 2016)56
4.14 52.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors. (OCT 2021) (DEVIATION)57
4.15 Instructions for use of 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (OCT 2021) (DEVIATION)57
4.16 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997) ALTERNATE I (APR 1984)58
4.17 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)59
4.18 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)62
4.19 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (MAY 2020)63
4.20 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)63
4.21 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (OCT 2019)63
4.22 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)64
4.23 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)64
4.24 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018)65
4.25 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)65
4.26 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)66
4.27 VAAR 852.232-71 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (INCLUDING NAS– CPM) (NOV 2018)66
4.28 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)69
4.29 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019)70
4.30 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019)71
4.31 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019) ALTERNATE I (APR 2019)71
4.32 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT ADMINISTRATION (OCT 2020)72
4.33 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)74
4.34 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT (SEP 2019)74
4.35 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)75
ATTACHMENTS76

INFORMATION REGARDING PROPOSAL MATERIAL, BID GUARANTEE AND BONDS

1. Proposal materials consisting of drawings, specifications and contract forms may be obtained by general (prime) contractors interested in submitting proposals direct to the Department of Veterans Affairs and by suppliers and subcontractors for their use in preparing sub-bids for general (prime) contractors from the Governmentwide Point of Entry (GPE) website at https://sam.gov/ under solicitation number 36C26122R0010. By registering at https://sam.gov/, prime contractors, suppliers and subcontractors will have access to download plans, specifications and amendments

1. A Bid Bond, Standard Form (SF) 24, is required for this solicitation. A bid guarantee is required in an amount not less than 20 percent of the bid price, but shall not exceed $3,000,000.00. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for the opening of proposals, will require rejection of the proposal in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then. Copies of the SF 24 can be obtained at the U. S. General Services Administration website, https://www.gsa.gov/reference/forms. The bid guarantee must be submitted electronically with the proposal.

1. The offeror to whom award is made will be required to furnish two (2) bonds, a Performance Bond, to be executed on the proper SF 25, and a Payment Bond, to be executed on the SF 25A, each in the penal sum of 100% of the bid. Copies of the SF 25 and SF 25A can be obtained at the U. S. General Services Administration website, https://www.gsa.gov/reference/forms.

1. Description of Work: See Statement of Work, Specifications and Drawings.

1. Disclosure of the magnitude of construction: In accordance with (IAW) Veterans Affair Acquisition Regulation (VAAR) 836.204, Disclosure of the magnitude of construction projects, the magnitude of construction for this project is between $1,000,000.00 and $2,000,000.00.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO OFFERORS

1.1 AVAILABILITY OF SOLICITATION DOCUMENTS:

All solicitation related documents will be published to and to, and only be accessible via, https://sam.gov/.

1.2 SMALL BUSINESS SET-ASIDE:

This procurement is 100% set-aside for Small Business concerns. Offers received from other than Small Business concerns will not be considered.

1.3 TECHNICAL QUESTIONS:

Questions of a technical nature must be provided in writing, and shall be submitted by the prospective offerors, to James Rall. Questions shall be submitted only via e-mail, using the REQUEST FOR INFORMATION (RFI) form (see attachments) to: james.rall@va.gov. The subject line must read: Replace BLDG 32 Elevator for Safety – Technical Questions. Oral questions of a technical nature are not acceptable. THE CUT-OFF DATE AND TIME FOR RECEIPT OF TECHNICAL QUESTIONS IS Monday, December 13, 2021 at 3:00 PM Pacific Standard Time.

1.4 AMENDMENTS:

Amendments to this solicitation will be posted at https://sam.gov/. Paper copies of the amendments will NOT be individually mailed. No other notification of amendments will be provided. Potential Offerors are advised that they are responsible for obtaining and acknowledging any amendments to the solicitation. Failure to acknowledge an amendment may result in your proposal being considered unacceptable.

1.5 PREPARATION OF PROPOSALS:

The Government will not pay for any costs incurred in preparation and submission of proposals.

1.6 SELECTION PROCEDURES:

All proposals shall be subject to evaluation by a team of Government personnel. The proposals will be evaluated in accordance with the content provided in the solicitation. The Government intends to award a firm fixed price (FFP) contract, as required by the procedures pursuant to FAR Part 15.101-1, tradeoff process, and FAR Part 6.401(b)(1), sealed bidding and competitive proposals. The tradeoff process will be IAW FAR 15.3, Sources Selection, and the contract resulting from this solicitation will be awarded to that responsible offeror, pursuant to FAR 9.104, whose offer, conforming to the solicitation, is determined to be the most advantageous to the Government considering price and non-price evaluation factors. Award may be made to other than the lowest priced offeror or other than the highest non-price rated offeror. Business judgments and tradeoffs will be used to determine the proposal offering the best value to the Government.

All offers will be evaluated individually on their own merit and in accordance with the following evaluation factors:

Factor 1: Prime Contractor Project Experience Factor 2: Technical/Management Approach Factor 3: Past Performance Factor 4: SDVOSB/VOSB Status This requirement has only one price factor:

Factor 5: Price.

Following a determination of Technical Acceptability of Factor 2 – Technical/Management Approach, a best value tradeoff process will be performed among Factor 1 – Prime Contractor Project Experience, Factor 3 – Past Performance, Factor 4 – SDVOSB/VOSB Status, and Factor 5 – Price. The evaluation will begin with a decision of Technical Acceptability for factor 2. Among the offers that are rated as Technically Acceptable for factor 2, a tradeoff evaluation will be conducted among factors 1, 3, 4 and 5.

Factor 2 must be satisfied for non-price factors 1, 3 and 4 to be evaluated. Factors 1, 4, and 5, when combined, are significantly more important than Factor 5 - Price.

The Government intends to award a contract without conducting discussions with offerors; however, the Government reserves the right to conduct discussions if later determined to be necessary by the Contracting Officer. The Government will award a contract resulting from this solicitation to the responsible offeror whose offer provides the best value to the Government utilizing the Best Value Tradeoff process, pursuant to FAR 15.308, source selection decision, after determination of responsibility by the Contracting Officer.

1.7 PROPOSAL REQUIREMENTS:

A. Definitions:

Size is defined as any project over $2,000,000.00.

Complexity is defined as an elevator project that includes several specialty trades.

Scope is defined as work or activities related, or closely related, to that which is outlined in the Statement of Work, Specifications and Drawings, such as, but not limited to, repair, alteration, installation and demolition.

Recency is defined as a project completed (100%) within the past three (3) years of the proposal issue date of the RFP.

Relevancy is defined, for purposes of this evaluation, as repair, alteration, installation and related demolition of existing hydraulic elevators and associated mechanical controls completed (100%).

B. Evaluation Factors:

The evaluation factors from the solicitation are as follows:

Factor 1 – Prime Contractor Project Experience:

Evaluation criteria:

Offeror shall demonstrate Prime Contractor Project Experience by submitting a minimum of two (2) and a maximum of six (6) examples of “recent” and “relevant” completed and operational construction projects, with similar “size ($2M or greater),” “complexity” and “scope” to the Replace BLDG 32 Elevator for Safety requirement. Construction projects that are still in progress will not be considered as demonstrations of experience.

Relevant experience must be demonstrated as a Prime Contractor or Joint Venture (JV) and not as a subcontractor.

Offerors shall use the attached Excel worksheet titled “Factor 1 – Prime Contractor Project Experience” for submitting your response to Factor 1.

The information requested above is required for the Government to evaluate proposals for the Experience evaluation factor. General statements claiming experience of similar “size ($2M or greater),” “complexity,” and “scope” or similar “relevant” experience that do not include specific references to prior contract work, or that do not include the information required above, are not acceptable.

Failure to submit the information required above to support the offeror’s claimed experience may be viewed by the Government as evidence that the offeror the “relevant” experience to provide construction services for a project of this “size,” “complexity” and “scope.”

The Government reserves the right to contact references for verification or additional information. The Government’s inability to contact any of the offeror’s references or the references unwillingness to provide the information requested may affect the Government’s evaluation of this factor.

Basis of Evaluation:

The Government will evaluate Prime Contractor Project Experience based on recency and relevancy (size, scope and complexity) of the projects and based on confidence assessment of the offeror’s ability to successfully perform the requirement. The Government will consider the recency and relevance of the information, the source of the information and context of the data. The assessment of the offeror’s Prime Contractor Project Experience will be used as a means of evaluating the offeror’s probability to successfully meet the requirements of the RFP.

Factor 2 – Technical/Management Approach:

Evaluation criteria:

Offeror shall provide a high-level milestone plan of project execution to demonstrate the Offeror’s means and methods of approach, phasing, plan for maintenance of continuity of warehouse operations, and relation to similar projects the Offeror has fully completed, to demonstrate a technical understanding of the project scope requirements for successfully managing and executing the project on schedule. Offeror shall include technical and qualitative descriptions of proposed methodology, deliverables, and delivery schedules. Offerors shall discuss proposed personnel or staffing assumptions with respect to this effort that shows a direct relationship between the approach and meeting the identified requirements and schedule. Offerors shall also discuss their quality control standards for accomplishing the requirements contained in the Statement of Work, Specifications and Drawings.

The high-level milestone plan of project execution shall include:

1. Sequencing and phasing of all the major work items (critical path), from Notice to Proceed to Contract Closeout, demonstrating continuity of hospital operations. Estimate Notice to Proceed date of February 1, 2022.

2. Key submittals for mobilization, such as commencement of key features of work. Submittals shall include time for preparation and Government reviews/approvals.

3. Procurement times for long lead items.

Basis of Evaluation:

This evaluation factor will be evaluated on a Pass / Fail basis The Government will evaluate whether or not the overall high-level milestone plan is concise, comprehensive, reasonable and demonstrates the offeror’s thorough understanding of all aspects of the project contained in the Statement of Work, Specifications and Drawings.

Factor 3 – Past Performance:

Evaluation criteria:

An Offeror’s past performance is important in determining the firm’s ability to successfully perform the required services. The distinction between experience and past performance is that experience pertains to the types and amounts of projects previously completed by a contractor that are comparable to the types of work described under the definition of recent, relevant projects, in terms of size, scope, and complexity. Past performance pertains to both the relevance of recent efforts to the solicitation requirement and to how well a contractor has performed on those contracts. The information provided in response to this factor will be evaluated to determine the quality and usefulness as it applies to performance confidence assessment.

The Government is only interested in completed (100%) past performance experience that is recent (within the past 3 years of the proposal issue date of the RFP) and relevant (repair, alteration, installation and related demolition of existing infrastructure to an existing healthcare facility), and are similar in size ($2M or greater), scope and complexity, as it relates very closely to the requirements set forth in the Statement of Work and the degree of responsiveness to customer requirements.

If a completed Contractor Performance Assessment Report System (CPARS) evaluation is available, it shall be submitted with the proposal for each project included for Factor 1 - Prime Contractor Project Experience. If there is not a completed CPARS evaluation, offeror’s should request (on behalf of) that a Factor 3 - Past Performance (Questionnaire) be submitted for applicable projects included in Factor 1 - Prime Contractor Project Experience.

NOTES:

1. A Factor 3 - Past Performance (Questionnaire) will not be accepted directly from the offeror. The questionnaire shall be completed and signed by the construction contract administrator of the entity (Government or civilian) for which the construction was completed.

2. A Factor 3 - Past Performance (Questionnaire) will not be accepted for an offeror that performed the work as a subcontractor.

Basis of Evaluation:

This evaluation factor will be evaluated on how well the offeror performed on the relevant projects submitted under Factor 1 - Prime Contractor Project Experience, AND past performance on other relevant projects currently documented in known sources. In addition to the above, the Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources including sources outside of the Government. Other sources may include, but are not limited to, past performance information retrieved through the electronic means, using all CAGE/DUNS numbers of Contractors who are part of a partnership or joint venture identified in the offeror’s proposal, inquiries of owner representative(s), SAM.gov, and any other known sources not provided by the offeror.

The Government will consider the currency and relevance of the information, the source of the information, context of the data, and general trends in the Contractor’s performance. This evaluation is separate and distinct from the Contracting Officer’s responsibility determination. The assessment of the offeror’s past performance will be used as a means of evaluating the offeror’s probability to successfully meet the requirements of the solicitation. If an Offeror’s contract history is more relevant, the greater ability the VA will have to measure whether the Offeror will satisfy this requirement. Therefore, if an Offeror’s contract performance record is more recent and relevant, the higher the confidence level the VA will have in the Offeror’s ability to successfully perform the required effort.

Factor 4 – SDVOSB/VOSB STATUS Evaluation criteria:

This factor will be used to assess the Offeror’s status as a Service-Disabled Veteran-Owned Small Business (SDVOSB) or Veteran-Owned Small Business (VOSB) concern, or the Offeror’s proposed use of eligible SDVOSB/VOSB concerns as subcontractors.

In accordance with Veterans Affairs Acquisition Regulation (VAAR) clause 852.215-70, Service-Disabled Veteran-Owned Small Business Evaluation Factors (OCT 2019) and VAAR 852.215-71, Evaluation Factor Commitments (OCT 2019), the Government will evaluate proposals for the SDVOSB/VOSB Status evaluation factor. General statements claiming that an Offeror will use eligible SDVOSB/VOSB subcontractors to perform work under this procurement that do not include the information required for this factor are not acceptable. Failure to submit the information required for this factor, including the Small Business Certifications and the Letter of intent, signed by both parties, may be viewed by the Government as evidence that the Offeror should receive no credit when evaluating proposals for the SDVOSB/VOSB STATUS evaluation factor.

To receive Full Credit as an SDVOSB/VOSB concerns, Offerors must:

1. Provide a statement claiming credit as an SDVOSB/VOSB concern, as appropriate;

2. Provide a statement certifying that the Offeror meets the size standard to be classified as a “small business” for the NAICS code assigned to this procurement;

3. Provide the Offeror’s full legal name as that name appears in the Offeror’s registration in the U.S. Department of Veterans Affairs Vendor Information Pages (VIP) database (available at https://www.vetbiz.va.gov) and DUNS; and

4. Be registered and listed as “Verified” as an SDVOSB/VOSB concern in the VIP database (available at https://www.vetbiz.va.gov) on the date proposals are due (and prior to award).

To receive Partial Credit for proposed use of eligible SDVOSB/VOSB subcontractor(s), the proposed subcontractor(s) must be registered and listed as “Verified” in the VIP database (available at https://www.vetbiz.va.gov) on the date proposals are due (and prior to award) and must meet the size standard to be classified as a “small business” for the NAICS code assigned to this procurement. Credit for proposed use of SDVOSB/VOSB subcontractors is location-dependent and will be evaluated for the VA’s Central California Health Care Syatem campus in Fresno, CA. To receive credit for proposed use of eligible SDVOSB/VOSB subcontractor(s), Offerors must submit the following information with their proposals:

1. The Offeror must provide a statement claiming credit for use of an eligible SDVOSB/VOSB subcontractor identifying the VA’s Central California Health Care System campus in Fresno, CA, for which Offeror seeks to claim such credit;

2. For the VA’s Central California Health Care System campus location for which the Offeror seeks to claim such credit, the Offeror must provide the following information regarding its proposed SDVOSB/VOSB subcontractor(s):

The subcontractor’s full legal name as that name appears in the subcontractor’s registration in the VA VIP database (available at https://www.vetbiz.va.gov) and DUNS;

a. A statement certifying that the proposed subcontractor(s) meets the size standard to be classified as a “small business” for the NAICS code assigned to this procurement;

b. A narrative that describes the specific tasks each SDVOSB/VOSB subcontractor will perform in support of the PAD campus location where credit for use of SDVOSB/VOSB subcontractors is claimed;

c. A statement of the estimated dollar value of the subcontract that will be awarded to each SDVOSB/VOSB subcontractor where credit for the use of SDVOSB/VOSB subcontractors is claimed;

d. For each SDVOSB/VOSB subcontract claimed, the Offeror must provide a letter of intent signed by an authorized representative of the SDVOSB/VOSB subcontractor and signed by the Offeror committing the SDVOSB/VOSB subcontractor to perform the work described in (b)(iii) above and committing the Offeror to subcontract with the SDVOSB/VOSB concern to perform that work if the Offeror is awarded a contract under this procurement. The letter must specify the specific tasks the subcontractor will perform, the physical location where the work will be performed, the period of performance for the subcontract, and the approximate dollar value of the subcontract.

Offerors that cannot comply with the requirements for full credit or partial credit will receive No Credit for this evaluation factor.

Basis of Evaluation:

This evaluation factor will be evaluated for Full Credit / Partial Credit / No Credit based on submission and verification of the documentation detailed above.

Factor 5 – Price:

Price proposals shall be submitted for the entire project only.

The government expects that this contract will be awarded based on adequate price competition; however, Offerors shall submit with their proposal the attachment “Factor 5 – Divisional Cost Breakdown,” which may be compared to the Independent Government Cost Estimate (IGCE) to determine that offered price(s) are fair and reasonable.

Basis of Evaluation:

Price will be evaluated separately from non-price factors in accordance with FAR 15.404-1(b).

1.8 DETERMINATION OF RESPONSIBILITY:

A Determination of Responsibility will be conducted for the apparent “awardee” prior to award of the project. The required information from the proposal, along with other information obtained from Government systems, such as, but not limited to the OSHA and EPA online inspection history databases, as well as any other information the Contracting Officer has determined to be valid, will be used to make the Determination of Responsibility. Failure to affirm being within the guidelines in the proposal may result in a determination of “Non-Responsible” for the Offeror.

The offeror shall complete the attachment “Responsibility - Contractor Certification Regarding Safety and Environmental” document. Offeror 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. Documentation shall include all open and final OSHA violations for the 3 previous calendar years.

NOTE: Any information received by the Government that would cause for a negative Determination of Responsibility may make the Offeror ineligible for award.

1.9 VETS 4212:

Title 38, USC Section 4212(d), codified at 41 CFR Section 61-300, requires that federal contractors report, at least annually, the number and category of veterans who are within their workforce. Submission of the VETS-4212 reporting information can be done electronically at: http://www.dol.gov/vets/vets4212.htm. Award cannot be made unless the awardee has filed their VETS-4212 report. Therefore, all offerors are encouraged to file every year. The Contracting Officer may request a copy of the email confirmation of receipt notification, prior to awarding the project.

1.10 SYSTEM FOR AWARD MANAGEMENT (SAM):

Federal Acquisition Regulations require that federal contractors register in the System for Award Management (SAM) database at https://sam.gov/ and enter all mandatory information into the system. Offerors are required to be registered in SAM at the time an offer is submitted in order to comply with the annual representations and certifications requirements. The Offeror shall be registered at time of submission and award.

1.11 REVIEW REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE ASSESSMENT SYSTEM (CPARS):

As prescribed in FAR Part 42.1502(e), the Department of Veterans Affairs (VA) evaluates contractor past performance on all construction contracts that exceed $750,000 and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that the contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement VA uses an online database, CPARS, which is maintained by the Naval Seal Logistics Center in Portsmouth, Virginia.

Each contractor whose contract award is estimated to exceed $750,000 is required to register with CPARS database at the following web address: http://www.cpars.gov/. Help in registering can be obtained by contacting Customer Support Desk @ DSN: 684-1690 or COMM: 207- 438-1690. Registration should occur no later than thirty days after contract award and must be kept current should there be any change to the contractor’s registered representative.

For contracts with a period of one year or less, the contracting officer will perform a single evaluation when the contract is complete. For contracts exceeding one year, the contracting officer will evaluate the contractor’s performance annually. Interim reports will be filed each year until the last year of the contract, when the final report will be completed. The report shall be assigned in CPARS to the contractor’s designated representative for comment. The contractor representative will have thirty days to submit any comments and re-assign the report to the VA contracting officer.

Failure to have a current registration in the CPARS database, or to re-assign the report to the VA contracting officer within those thirty days, will result in the Government’s evaluation being placed on file in the database with a statement that the contractor failed to respond.

1.12 BACKGROUND INVESTIGATIONS AND SPECIAL AGREEMENT CHECKS:

All contractor employees are subject to the same level of investigation as VA employees who have access to VA Sensitive Information. The level of background investigation commensurate with the level of access needed to perform the statement of work is: Low Risk. This requirement is applicable to all subcontractor personnel requiring the same access. As per VA Directive 0710, costs of background investigations will be borne by the contractor.

1.13 REFERENCES TO VA ENGINEER, RESIDENT ENGINEER OR PROJECT MANAGER:

Any reference contained within the solicitation/contract specifications and/or drawings to the “VA Engineer,” “Resident Engineer,” or “Project Manager” or their abbreviations shall be replaced with “Contracting Officer’s Representative (COR).”

STATEMENT OF WORK

VA CENTRAL CALIFORNIA HEALTH CARE SYSTEM FRESNO, CA

REPLACE BUILDING 32 ELEVATOR FOR SAFETY

Project Number 570-21-800

1. INTRODUCTION

A. The awarded contractor shall perform the construction and associated work specified in the attached Construction Documents. Services shall be provided for the VA Central California Healthcare System, located at 2615 E. Clinton Ave., Fresno, CA 93703-2286.

B. The awarded contractor shall provide all necessary and required construction services to include, but not limited to: tools, equipment, materials, labor, travel, project management, administrative support, contractor quality control, expertise, supervision, testing, analysis, and specialty services to accomplish all items and requirements outlined in this SOW.

C. This project will replace the four story, currently 6 stop, hydraulic freight elevator located within the VACCHCS Warehouse (Building 32). The freight elevator replacement will include all mechanical controls, a new motor, new vertically opening bi-parting doors, a new cab, and 1 new shaft penetration.

2. SCOPE OF WORK

The selected contractor shall provide all resources and expertise necessary for

A. Area preparation and demolition of existing freight elevator and associated systems.

B. Construction of a new penetration added to the northern wall of the existing third floor stop, providing access to the building 32 rooftop. This new penetration will have a NEMA 4 rated door, as well as a new awning and ramp to minimize water infiltration into the hoist way. The new rooftop access will exit the hoist way onto a metal landing and lead down a ramp to the rooftop.

C. Replace freight elevator including all mechanical controls, a new motor, new vertically opening bi-parting doors, and a new cab. The elevator equipment room located on the first floor of building 32 will be modernized during this project. All existing equipment will be replaced. The room will be sealed by removing the existing louver and fan and adding a ductless split for continuous environmental control without the introduction of outside contaminants. Both existing penetrations will be patched using CMU and repainted to match the existing walls. The existing drainpipes within this room will be encased for added protection to the new equipment.

D. Elevator lobbies will be minimally impacted during this project. The elevator casements will be painted, the baffles will be removed from the top of the casement providing an additional 12 inches of clearance and all lobbies will receive new call buttons.

E. Elevators must be certified as compliant with ASME17.1 by a Federal Elevator inspector. All testing shall be by certified testing laboratories subcontracted by the Contractor. The Government shall not be required to contract testing for any trade. For execution of work activities, the contractor may be required to employ various professional services including but not limited to engineering, consulting, and/or surveying. Professional services required for the execution of work activities shall be performed at no additional cost to the government.

F. All systems are to be commissioned as new by the Contractor with re-commissioning after one year from Government Acceptance.

G. The above description is a general overview of the work activates and is not comprehensive. The contractor shall perform all work stated in this Scope of Work, the Construction Drawings, Construction Specifications (Project Manual), hereafter collectively referred to as the Construction Documents.

3. GENERAL REQUIREMENTS

A. The contractor is required to comply with all facility safety, security, and infection control policies. Policies will be made available to the contractor at the Notice-to-Proceed meeting.

4. CONSTRUCTION DURATION

A. The Total Contract Duration is estimated at 329 days following Notice to Proceed. Final schedule to be determined by contracting officer upon Notice to Proceed

B. Normal work hours for the contract are from 7:00 AM to 4:00 PM, unless specifically noted otherwise. All activities that produce major vibrations (drilling, jackhammer, etc) or affect hospital operations outside the Immediate construction area (floor/ceiling/wall penetrations) will be performed outside of normal working hours unless prior approval is given by the COR. The contractor may request alternate working hours or additional working hours to meet project requirements. Requests shall be made to the Contracting Officer Representative (COR) in writing. The work week shall be defined as Monday through Friday with the exceptions federal holidays or the days observed in lieu thereof by the Department of Veterans Affairs:

C. There may be other days specifically declared by the President of the United States to be National Holidays. Requests to work on holidays shall be made in writing to the COR, five (5) working days in advance.

5. SUBMITTALS, REQUESTS-FOR-INFORMATION (RFI) AND REQUESTS FOR DEVIATION (RFD)

A. The contractor is responsible for the timely submission of all submittals, shop drawings, and coordination drawings in accordance with drawings and specifications. The contractor shall allocate a minimum of twenty-one (21) calendar days for the VA to conduct its evaluation of all submittals. The contractor is responsible for all time delays associated with submittals requiring re-submission.

B. The contractor shall allocate a minimum of fourteen (14) calendar days for the VA to respond to Requests-for-Information (RFI). The contractor shall submit RFI’s as early as possible. The contractor is responsible for the coordination of all Contract Documents. All time delays associated with the failure to timely submit RFI’s related to the Contract Documents shall be the responsibility of the contractor.

C. Contractor’s Requests for Deviation (RFD) shall be submitted for the VA’s consideration a minimum of twenty-one (21) calendar days in advance of the requested response date. The VA reserves the right to deny requests for deviation at any time regardless of reason. Request for Deviation responses may include necessary consideration to the government as terms of approval.

6. CONSTRUCTION PHASING

A. The contractor is responsible for the phasing of the project as to minimize disruption of hospital operations. The work activity will be performed in a functioning hospital environment, which will remain operational during the project duration.

B. Contractor shall submit a project construction phasing plan within ten (10) calendar days of the Notice-to-Proceed. The phasing plan shall identify each phase of work and the sequence of work activates to be performed in each phase.

C. Detailed Individual phase plans shall be submitted to include sequence of work activities, safety and security measures to be taken, contingency plans, milestone dates for utility shut-downs, plans for temporary systems and all other information requested by the government to ensure impacts and potential impacts to facility operations are identified. The individual phasing plans shall be submitted a minimum of twenty-one (21) calendar days in advance of each phase of work.

D. The contractor shall utilize its own means and methods to execute work. At no time shall any utility system be removed from service or its capacity impaired without temporary services being provide equal to or greater than those being impacted. All temporary services shall be provided at no cost to the government. Requests to shut-down any utility shall be in accordance with the facility’s utility shut-down request procedures.

7. PROGRESS PAYMENTS

A. The contractor shall submit a Schedule of Values to the VA for review and approval within seven (7) calendar days of the Notice-to-Proceed. The Schedule-of-Values shall be itemized in accordance in with the project specification and/or definable features of work. Line items shall also be developed for individual General Requirements components including but not limited to submission and approval of as-built documentation and Operation and Maintenance (O&M) Manuals.

B. Progress payments applications may be submitted to the VA on regularly scheduled intervals and must be reviewed and returned with approval signature prior to submission for payment.

C. Progress payments will be reviewed contingent on the following being completed at the time of submission:

i. Two (2) sets of As-Built red marked drawings shall be current and available on the project site for review by the COR.

ii. Waste Manifests for the progress payment interval shall be submitted to the COR.

iii. Certified payroll for the progress payment interval shall be submitted to the COR.

iv. The project schedule with Critical Path identified shall be current and no more than five (5) days behind the approved schedule. A revised schedule shall be submitted to the COR and Contracting Officer to identify measures planned to become in compliance with the contract duration limitations.

v. Contractor daily logs and Quality Control plans during the interval of the progress payment shall be up to date.

vi. Punch-list and re-work items identified by the VA or through the Contractors Quality Control plan shall have been corrected or a written action plan shall be provided to identify method and date of corrective action plan.

vii. All safety deficiencies shall have been corrected.

D. Failure to comply with any of the above will result in the rejection of the contractor’s request for progress payment review. The VA will review requests for payment only after each of the above items is complied with.

8. VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors

All Contractor personnel, to include prime and subcontractors, shall comply with VHA DIRECTIVE 1193, CORONAVIRUS DISEASE 2019 VACCINATION PROGRAM FOR VETERANS HEALTH ADMINISTRATION HEALTH CARE PERSONNEL.

VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors are as follows:

1. Contractor employees who work in or travel to VHA locations must comply with the following:

1. Documentation requirements:

0. If fully vaccinated, shall show proof of vaccination.

0. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

0. If unvaccinated and granted a medical or religious exception, shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test.

0. Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

0. Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

1. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

1. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

9. DEFINITIONS:

A. Contract Documents: All documents included and referenced in the executed contract. This includes the contract and references and the construction documents.

B. Construction Documents: All documents which identify the scope of work to be performed by the contractor. This includes the construction drawings, the specifications, the scope of work and all references included in the above documents.

C. Contracting Officer (CO): The services to be performed under this contract are subject to the general supervision, direction, control, and approval of the Contracting Officer.

D. Contracting Officers Representative (COR): The Contracting Officer's authorized representative at the construction site. COR duties include surveillance of all construction work to assure compliance with the contract documents, interpretation of the contract documents, approval of changed work, approval of all submittals, samples, shop drawings, etc.

E. A/E: Refers to the Architect-Engineer firm that prepared and produced the construction drawings and construction specification documents for subject project. Includes all Joint Venture (JV) partners, consultants, and sub-contractors to the one firm.

***END***

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…

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