36C26122R0074.docx

36C26122R0074

NCO 21 MACC

GROUP 1

TASK ORDER PROPOSAL REQUEST

Road Extension for Emergency Power Upgrade

PLACE OF PERFORMANCE

VA Palo Alto Health Care System 3801 Miranda Avenue Palo Alto, CA 94304

NOTICE TO VETERANS INTGRATED SERVICE NETWORK 21 (VISN 21)

MULTIPLE AWARD CONSTRUCTION CONTRACT (MACC) HOLDERS

Description: THE RESULTING SOLCITATION IS TASK ORDER PROPOSAL REQUEST. Proposals will only be requested and accepted from contractors who were awarded a Veterans Integrated Service Network 21 (VISN 21) Multiple-Award Construction Contract (MACC) from Network Contracting Office 21 (NCO 21).

Point of Contact: Dawn Graham, Contract Specialist, dawn.graham2@va.gov

Project Title: Road Extension for Emergency Power Upgrade

Project specifications and all associated project documents shall be incorporated into the Task Order Bid Request which shall be posted electronically through https://sam.gov

Questions regarding this notice shall be submitted via e-mail to: dawn.graham2@va.gov.

Site Visit: A Site Visit is schedule for Wednesday, September 7, at 10:00 AM, 3801 Miranda Avenue Palo Alto, CA 94304

The following firms are eligible for award of the resulting task order:

MACC GROUP 1

**Any offers received from contractors not mentioned above will not be accepted.

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.

36C26122R0074

X 08-22-2022

640-23-1-5281-0004

640-22-120

612MCP

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Northern California HealthCare System 5342 Dudley Blvd, Bldg 209 McClellan CA 95652-2609 Submit electronically to:

dawn.graham2@va.gov

Dawn Graham 208-429-2038 Project Number 640-20-145 The contractor shall provide all the necessary labor, tools, equipment, and supervision to perform the requirements of “Project #640-22-120, Road Extension for Emergency Power Upgrade.” The contractor shall provide all demolition, labor, materials, tools, equipment, and specialty services to complete all work according to the drawings and specifications.

Location: Palo Alto Division (PAD): 3801 Miranda Avenue, Palo Alto, CA 94304 Period of Performance is 45 calendar days from issuance of notice to proceed NAICS 236220 (Commercial and Institutional Building Construction - $39.5MM)

This procurement has been 100% set aside for SDVOSB under the VISN 21 MACC Group 1

An award will be made to the responsible offeror whose offer, conforming to the RFP, will be most advantageous to the government, considering Price Only.

Offers shall be valid for at least 30 days.

IAW VAAR 836.204: Disclosure of magnitude is between $200,000,000 and $250,000,000.

Wage determination CA20200018 applies to this requirement

SITE VISIT

Time: 10:00 AM PDT Date: September 7, 2022 Location: 3801 Miranda Avenue, Palo Alto, CA

RFIs due: September 16, 2022 to dawn.graham2@va.gov

Offer due date: September 14, 2:00 PM PDT, to dawn.graham2@va.gov

Bid, Performance and Payment bonds apply to this requirement

All documentation must be submitted electronically to dawn.graham2@va.gov

X X

52.211-10 X

10 Days 14:00

PDT

09-21-2022 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

612MCP

Department of Veterans Affairs VA Northern California HealthCare System 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

SCOPE OF WORK

PROJECT TITLE: Road Extension for Emergency Power Upgrade

PROJECT NO: 640-22-120

PROJECT TYPE: NRM Project

DATE: June 28, 2022

PROJECT SUMMARY:

The existing service road to emergency power building 104 does not connect with the inner access road coming from the loop road. The road connection is needed for proper entry end egress of fuel trucks refueling building 103 and 104. There is also bare land around the road connection area that requires landscaping.

This project is comprised of two primary objectives: (1) to provide adequate fuel truck access to buildings 103 and 104; (2) to stop dust created by un-landscaped and unpaved areas impacting air quality at an adjacent modular pharmacy building.

SCOPE OF WORK (SOW):

The contractor shall provide all the necessary labor, tools, equipment, and supervision to perform the requirements of “Project #640-22-120, Road Extension for Emergency Power Upgrade.” The contractor shall provide all demolition, labor, materials, tools, equipment, and specialty services to complete all work according to the drawings and specifications.

The contractor shall provide all the demolition and construction services for the procurement and installation of the asphalt pavement, curves, gutters, sidewalks, pedestrian ramps, security bollards, vehicle & pedestrian signage, landscaping, and lighting required for the connection of project’s access road to the existing road as required by the drawings and specifications.

A. Service Road

The contractor shall provide all the demolition, labor, materials, tools, equipment, and supervision to construct a new service road according to the drawings and specifications.

The contractor shall provide all the demolition, labor, materials, tools, and equipment to construct sidewalks, curbs, curb cuts, gutters, vehicle & pedestrian signage, lighting, and landscaping as shown on the drawings and specifications.

The contractor shall be responsible for all the associated civil and electrical work required to construct the new service road.

B. General

· The contractor is responsible for furnishing and installing all equipment listed in the drawings and specifications.

· Utility shutdown notices shall be provided to the VA thirty-five (35) days prior to the desired shutdown date.

· Utility shutdowns shall occur during off-hours and weekends.

· The contractor shall submit to the COR all materials, parts, and equipment for approval. Review of submittals and re-submittals will require two (2) weeks for review.

PROJECT CONSTRUCTION SCHEDULE:

Construction services for this project shall be completed within 45 calendar days from “Notice to Proceed” (NTP).

PROPOSAL

Contractor to provide a complete costs breakdown with their proposal for all tasks with description, quantity, unit type, unit price, for all material, labor, equipment, and miscellaneous costs. Proposal shall be formatted for side-by-side comparison with a cost estimating tool such as RSMeans.

VA TEAM:

Contractor will work with the following VA personnel managing this Project:

1. Contracting Officer (CO):

The CO shall be responsible for the contractual administration of this Project. All transactions of a legal nature, including contractual agreements, amendments, change orders, etc. shall be approved and processed through the CO.

2. Contracting Officer’s Representative (COR):

The COR shall be responsible for project management on behalf of the VA and will manage this project on a day-to-day basis to ensure that that the project requirements are met through construction according to this Scope of Work, drawings, and specifications.

ABBREVIATIONS AND ACRONYMS:

End of Statement of Work

Page 1 of

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

PROPOSAL SUBMISSION:

The following documents are to be included in the RFP submission:

One (1) original completed Proposal amount entered in block 17 of the SF1442 Offer page;

One (1) fully completed Supplemental Price Breakdown by Division Sheet

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) original completed/signed SF 24 Bid Bond (scanned PDF is acceptable for email, with original wet signature original due to the Contracting Officer within 3 calendar days after closing).

One (1) Documentation of Safety & Environmental Record and Documentation of Experience Modification Rate (EMR) (See below instructions).

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 quotation will result in a nonresponsive quotation.

PROPOSALS ARE TO BE SENT TO:

One (1) electronic copy via email of the price proposal are to be sent to arrive on or before the due date/time at the following email address:

Proposals have been authorized and are to be sent by email to Dawn Graham at dawn.graham2@va.gov.

Solicitation number and title must be in the title of the email. Faxed quotations are not permitted under any circumstances.

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 RFQ, which is to be sent via email to dawn.graham2@va.gov. See RFI form for specifics.

RFI responses will be responded to as necessary in amendment format, which will posted/e-mailed to all concerned.

Deadline for submission of RFIs for this solicitation is September 16, 2022, at 2:00 PM PDT. 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.

PROPOSAL DUE DATE SCHEDULE:

Quotation volumes and the electronic copy are due by the date and time set for the receipt of quotations shown in Block 13 of the SF 1442.

INSTRUCTIONS TO OFFERORS:

Quotation received after September 21, 2022, at 2:00 PM PDT may be rejected.

Any exception to the terms and conditions of this RFP will result in a nonresponsive quotation.

Failure to provide a definitive price or conditioned price will result in a nonresponsive quotation. Receipt of a Price Proposal must be in accordance with terms and conditions of this RFP. Offerors must acknowledge (in writing only) amendments to this solicitation, otherwise a quotation 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:

Potential Offerors are strongly 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 construction services. Failure to inspect the site shall not constitute grounds for a claim after contract award.

See Provision 52.236-27 for specific information regarding the project pre-offer site visit, which will be the only opportunity for potential Offerors to visit the site. All potential Offerors, subcontractors, and suppliers are strongly encouraged and expected to attend the pre-offer site visit.

BID GUARANTEE:

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 bids, will require rejection of the bid in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then.

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.

LIQUIDATED DAMAGES: N/A

WAGE DETERMINATION APPLICABLE TO THIS PROJECT:

General Decision Number: CA20200018 04/17/2020 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 contractors shall submit the following information pertaining to their past Safety & Environmental Record and EMR with their quotation.

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.

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 (COR).

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 quotation or construction is complete and up to date.

BRAND NAME OR EQUAL:

The RFP may include the salient characteristics of the “or equal” aspect for determination of what is equal to any cited brand name. See FAR 52.211-6 for “brand name or equal” information. This is an extremely long, detailed, and comprehensive RFQ, including all specifications and drawings. Please note that, wherever a brand name is cited, contractor shall ensure, in any resultant contract, that any equal has the salient characteristics of the brand name. Lack of confirmation shall be grounds for Government inspection at any time and Government direction for replacement of materials or equipment by the Contractor at no increase in contract price or time.

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 unless the contractor is registered. Contractors are encouraged to ensure that they are registered in SAM prior to submitting their quotation.

ADDITIONAL VETBIZ INFORMATION:

1. 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.

2. At the time of submission of offer, the offeror must represent to the contracting officer that it is a—

a. SDVOSB concern

b. Small business concern under the North American Industry Classification System (NAICS) code assigned to the acquisition; and

c. Verified for eligibility in the VIP database.

3. A joint venture may be considered an SDVOSB or VOSB concern if,

a. At least one member of the joint venture is an SDVOSB or VOSB concern, and makes the representations in paragraph (b) of this section;

b. Each other concern is small under the size standard corresponding to the NAICS code assigned to the procurement;

c. The joint venture meets the requirements of paragraph 7 of the size standard explanation of affiliates in FAR 19.101; and

d. 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.

4. 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 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.

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 ensure registrations are current, valid, and no debarment records exist). 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, and 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.

NOTICE TO PROCEED (NTP):

A notice to proceed shall be issued after award of a fully executed contract. The NTP date and time “to be determined” after award to a successful contractor. Primary factor in determination to issue NTP shall be the Prime Contractor submission of, and the Government review and approval of both Payment and Performance Bonds, both of which are enforceable legal documents

BASIS FOR AWARD

INTRODUCTION:

This is a price only selection conducted in accordance with Federal Acquisition Regulation (FAR) Part 13, Simplified Acquisition Procedures, supplemented by the Department of Veterans Affairs Acquisition Regulation (VAAR). These regulations are available electronically at https://www.acquisition.gov/ and https://www.va.gov/oal/library/vaar/

EVALUATION:

Price Only -- The Government will evaluate the lowest price offer to determine if the price is fair and reasonable for the work to be performed. To be considered fair and reasonable for the work performed, the evaluators will also check for appearance of unbalanced line-item prices. If deemed necessary, the supplemental price breakdown information will be used to assist the Government in performing the price evaluation described above. Offers which are materially unbalanced as to prices for the basic requirement and the option quantities are not fair and reasonable. An Offer is unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated for other work.

PER VHA DIRECTIVE 7715 (06 April 2017) - SAFETY & ENVIRONMENTAL RECORD AND EXPERIENCE MODIFICATION RATE (EMR):

Contractor Certification Regarding Project:

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 Offerors 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.

2. EMR: All Offerors shall submit information regarding their current EMR. This information shall be obtained from the Offeror’s insurance carrier and be furnished on the insurance carrier’s letterhead. If an Offeror’s EMR is above 1.0, Offeror shall submit a written explanation of the EMR from its insurance carrier furnished on the insurance carrier’s letterhead, describing the reasons for the EMR, and the anticipated date the EMR may be reduced to 1.0 or below.

Number of serious, willful, or repeat violations from OSHA within the last 3 years. Please attach explanation for any violations. (Four serious, one repeat, or one willful disqualifies the contractor.)

Number of violations from EPA within the last 3 years. Please attach explanation for any violations.

Company’s Current Insurance Experience Modification Rate (EMR) = (Note: Contractor must support the EMR with a signed letter from Insurance Carrier on their letterhead.)

Signature:

Print Name:

DIVISIONAL COST BREAK-OUT

CLIN 0001

Install steam vertical heat exchanger, all interconnecting piping, valves, and control elements/upgrades.

Provide complete Divisional Cost Break-Out for complete project. If necessary, add additional lines for each Division applicable to this project.

010000

DIVISION 1 - GENERAL REQUIREMENTS

OTHER

SUB TOTAL:

BONDS & INSURANCE

OVERHEAD

PROFIT

TOTAL PROJECT BID AMOUNT:

1.1 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021)

(a) Offerors shall obtain from each person acting as an individual surety on a bid guarantee—

(1) A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203–1; and

(2) Standard Form 28, Affidavit of Individual Surety.

(b) The Offeror shall include with its offer the information required at paragraph (a) of this provision within the timeframe specified in the provision at FAR 52.228–1, Bid Guarantee, or as otherwise established by the Contracting Officer.

(c) The Contracting Officer may release the security interest on the individual surety’s assets in support of a bid guarantee based upon evidence that the offer supported by the individual surety will not result in contract award.

(End of Provision)

1.2 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— September 7, 2022, at 10:00 AM Pacific Time

(c) Participants will meet at— 3801 Miranda Avenue, Palo Alto, CA 94304

(End of Provision)

1.3 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) [] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) [X] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) [] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(3) If VA determines that an SDVOSB/VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating section 1001 of title 18.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. The Contracting Officer may, at their discretion, require the Contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the Contracting Officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed, and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification:

I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee:________________________________________ Printed Title of Signee:_________________________________________ Signature:___________________________________________________ Date:_____________________ Company Name and Address:________________________________________ (End of Clause)

1.4 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause) See attached document: Specifications 640-22-120.

See attached document: 100 CD Road Design 7-5-22.

Page 1 of