36C26323R0042.docx

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Y1DA--618-18-108 Prevent Legionella Ph3 36C263-23-AP-0103
Solicitation number
36C26323R0042
Issued by

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This solicitation is for construction services to prevent Legionella at the Minneapolis VA Health Care System. The contractor shall provide all labor, materials, equipment, and associated costs to complete plumbing replacement and updates at specific risers throughout the Minneapolis campus, including new mixing valves, shower modifications, and sink modifications. The period of performance is 365 calendar days from notice to proceed with an estimated award date of August 4, 2023. The solicitation sets aside the opportunity for verified service-disabled veteran-owned small businesses and identifies the project value between $10-20 million. Offerors must comply with the Davis-Bacon wage determination and submit pricing in response to the contract line items by the May 11, 2023 due date.

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Other files

File Type Posted
Wage Determination MN20230117 updated 4.14.23.pdf PDF
36C26323R0042 0002.docx DOCX document
Site Visit Sign-in Sheet 4.20.23 (1 Page).pdf PDF
08 31 13 Access Doors and Frames (6 Pages).pdf PDF
36C26323R0042 618-18-108 Prevent Legionella Ph3 QA (2 Pages).pdf PDF
36C26323R0042 0001.docx DOCX document
Revised SOW 5.3.23 (4 Pages).pdf PDF
Attachment J VAAR 852.219-75 Limitations on Subcontracting Cert of Compliance (2 Pages).pdf PDF
Attachment F Wage Determination MN20230117 (9 Pages).pdf PDF
Attachment D.6 Drawings 6 of 10 (6 Pages).pdf PDF
Attachment C Specifications 20230317 (474 Pages).pdf PDF
Attachment D.7 Drawings 7 of 10 (6 Pages).pdf PDF
Attachment E Brand Name Justification and Approval (1 Page)_Redacted.pdf PDF
Attachment D.3 Drawings 3 of 10 (5 Pages).pdf PDF
Attachment B Price Schedule Breakdown (1 Page).pdf PDF
Attachment D.10 Drawings 10 of 10 (6 Pages).pdf PDF
Attachment H Past Performance Questionnaire (3 Pages).docx DOCX document
Attachment I Questions Request Form (1 page).doc DOC document
Attachment D.4 Drawings 4 of 10 (4 Pages).pdf PDF
Attachment G VA6500 Appendix C 1-2-3a-6a-7a-7d-9 and Appendix D (6 pages).pdf PDF
Attachment D.8 Drawings 8 of 10 (6 Pages).pdf PDF
Attachment D.2 Drawings 2 of 10 (5 Pages).pdf PDF
Attachment A Final SOW (4 Pages).pdf PDF
Attachment D.1 Drawings 1 of 10 (7 Pages).pdf PDF
Attachment D.5 Drawings 5 of 10 (12 Pages).pdf PDF
Attachment D.9 Drawings 9 of 10 (6 Pages).pdf PDF
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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)

1. The Contractor shall begin performance within ____________ calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See

YES

NO

a.

Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

b.

An offer guarantee is, is not required.

c.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d.

Offers providing less than ____ ___________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

36C26323R0042 X 04-13-2023 618-23-4-6953-0010 618-18-108 36C263 Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

Derek Fore, Contract Specialist 316 Robert Street N. STE. 506 St. Paul MN 55101 Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

Derek Fore, Contract Specialist 316 Robert Street N. STE. 506 St. Paul MN 55101 Derek Fore 651-293-3032 Project 618-18-108 Prevent Legionella Phase 3 at the Minneapolis VAHCS.

The purpose of this project is to replace existing plumbing equipment in order to prevent legionella disease at the Minneapolis VAHCS.

The prima ry objective is to prevent Legionella Disease by replacing and updating plumbing equipment at specific risers throughout the Minneapolis Campus. These items include new mixing valves, shower modifications, and sink modifications.

The contractor shall provide all supervision, tools, labor, materials, equipment, transportation and testing necessary to complete the construction of the project described herein. Work includes general construction, electrical, and plumbing, and other trades as required to provide a complete and finished product.

VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES:

This solicitation is issued in accordance with Public Law 109-461, The Veterans Benefits, Healthcare information and Technology Act of 2006, Sections 502 and 503, as set-aside for Service-Disabled Vete ran-Owned Small Business (SDVOSB) contractors.

All prospective offerors must be verified in the VETBIZ.gov database as a SDVOSB to be considered fo r award.

Please see applicable solicitation provisions and clauses for more details concerning eligibility requirements., NAICS Code 236220, Small Business Size Standard $45 Million Magnitude of Construction is estimated between $10,000,000 and $20,000,000

All applicable taxes shall be included in pricing.

X X 52.211-10 X

12:00 PM

CDT

05-11-2023 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

618-3630162-6953-854200-3220-23NR9WA15

Department of Veterans Affairs

NETWORK 23

CONTRACTING OFFICE

316 Robert Street N. STE. 506 St. Paul MN 55101 Y Department of Veterans Affairs Financial Services Center PO Box 149971 Austin TX 78714-9971 Jennifer Johnson

SAOC16L3-0537

Table of Contents

PART I - THE SCHEDULE1
SECTION A - SOLICITATION/CONTRACT FORM1
A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)1
A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION, ALTERATION, OR REPAIR)– BACK2
A.3 SUPPLEMENTAL INFORMATION5
A.4 INSTRUCTIONS TO OFFERORS9
A.5 EVALUATION FACTORS14
PRICE SCHEDULE SHEET21
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS22
2.1 52.216-1 TYPE OF CONTRACT (APR 1984)22
2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014)22
2.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)22
2.4 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014)23
2.5 52.228-1 BID GUARANTEE (SEP 1996)24
2.6 52.233-2 SERVICE OF PROTEST (SEP 2006)25
2.7 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)26
2.8 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)26
2.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)26
2.10 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)27
2.11 VAAR 852.232-70 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS– CPM) (NOV 2018)27
2.12 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)30
2.13 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)31
2.14 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019)31
REPRESENTATIONS AND CERTIFICATIONS33
3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023)33
3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)37
3.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)39
3.4 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—CERTIFICATION (NOV 2021)41
GENERAL CONDITIONS44
4.1 MANDATORY WRITTEN DISCLOSURES44
4.2 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)44
4.3 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)45
4.4 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (MAR 2023)46
4.5 52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (DEC 2022)48
4.6 SUPPLEMENTAL INSURANCE REQUIREMENTS55
4.7 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)55
4.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)55
4.9 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)58
4.10 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)59
4.11 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (NOV 2022)59
4.12 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING--CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (NOV 2022)62
4.13 VAAR 852.223-71 SAFETY AND HEALTH (SEP 2019)63
4.14 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)64
4.15 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)65
4.16 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019)66
4.17 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019)66
4.18 VAAR 852.236-90 RESTRICTION ON SUBMISSION AND USE OF EQUAL PRODUCTS (APR 2019)66
4.19 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT ADMINISTRATION (OCT 2020)67
4.20 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)68
4.21 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT (SEP 2019)68
4.22 List of Attachments70

A.3 SUPPLEMENTAL INFORMATION

1. GENERAL DESCRIPTION:

The services to be rendered hereunder shall consist of Prevent Legionella Phase 3, Minneapolis VA Health Care System (VAHCS), Minneapolis, Minnesota to be performed as specified in the Statement of Work (SOW). This project will completely prepare the project site for operations, including demolition and removal of existing site elements, and furnish labor and materials and perform construction work for the Minneapolis VA Health Care Services, Project 618-18-108, Prevent Legionella Phase 3 as required by drawings and specifications. The primary project objective is to prevent Legionella disease by replacing and updating plumbing equipment at specific risers throughout the Minneapolis campus. These items include new mixing valves, shower modifications, and sink modifications.

2. All documentation submittal due times are local time (St. Paul, Minnesota).

3. CONTRACT TYPE AND PERIOD OF PERFORMANCE:

Upon award, contract is intended to be a Firm Fixed Price (FFP) type for a period of performance period of 365 days after issuance of Notice to Proceed.

The contractor shall complete the work required under this SOW in above referenced calendar days or less from date of the Notice to Proceed, unless otherwise directed by the Contracting Officer (CO). If the contractor proposes an earlier completion date, and the Government accepts the contractor's proposal, the contractor's proposed completion date shall prevail. Work at the Government site shall not take place on Federal holidays or weekends unless directed by the CO.

4. WAGE DETERMINATION:

Contractor must comply with the most current, at time of proposal due date, Davis-Bacon Act Wage Determination MN20230117 dated 01/06/2023, Hennepin County, Minnesota. Current rate, at time of Solicitation advertisement, is included. State in the proposal, Volume 2, the Wage Determination applied for your pricing.

Access to Wage Determinations Online:
http://www.wdol.gov/dba.aspx#0.
Then enter Wage Determination in Select DBA WD by number field - for example NE57.

Contractor must also comply with the recent FAR 52.222-55 Minimum Wages For Contractor Workers Under Executive Order 14026 (JAN 2022), that requires paying a minimum hourly wage rate of $16.20 per hour beginning January 30, 2022. The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2024, and annually thereafter, to meet the applicable annual E.O. minimum wage.

5. COMMENCEMENT OF SERVICES:

Commencement of services under this contract is within 10 calendar days after notice to proceed.

6. INSPECTION AND ACCEPTANCE:

The COR will inspect all completed services. Final acceptance will be performed by the COR by verification of the services performed and certification of contractor's invoices.

7. INVOICING PROCEDURES:

Offeror may submit progress payment requests monthly against the FFP CLINs. See VAAR Clause 852.232-72, Electronic Submission of Payment Requests for invoicing procedures.

8. SYSTEM FOR AWARD MANAGEMENT (SAM) REGISTRATION/CONTRACTOR RESPONSIBILITY

All Contractors are required to be registered in SAM Website: www.sam.gov. Copy of SAM Registration must be provided with the proposal and maintained current throughout the performance of the contract.

9. ONLINE REPRESENTATIONS AND CERTIFICATIONS (ORCA):

Please note the requirements of FAR provision 52.204-8. Prospective Contractors shall complete electronic annual representations and certifications at www.sam.gov in conjunction with required registration in the SAM database. Representations & Certifications must be completed and/or updated by the date and time offers are due.

10. MODIFICATIONS:

Contracting Officers of the office issuing the contract, only, may issue Modifications to the contract.

Distribution will be made via email. No hard copies will be distributed.

11. CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS):

Upon completion of contract performance and annually if performance is longer than 365 days, the Contracting officer will evaluate contractor performance for use in future contract award decisions. The Contractor shall be provided an opportunity to comment on the contracting officer’s evaluation. If you wish to familiarize yourself with this system, you can find it at www.cpars.gov.

The government retains the evaluations, contractor responses, and review comments, if any, as part of the contract file. The evaluations are available for Federal Agencies for support of future award decisions through the Contractor Performance Assessment Reporting System (CPARS).

The contractor must provide the contracting officer with the name and email address of the contractor CPARS POC. This is the person responsible for responding to these evaluations. This person will be granted access to CPARS during the award and assigned the system role of contractor representative (CR).

12. COMPOSITE LIST OF ABBREVIATIONS USED IS AS FOLLOWS:

COR= Contracting Officer’s Representative
IAW= in accordance with
LIN= Line Item Number
LS= Lump Sum
POC= Point of Contact
SOW= Scope of Work

13. POST AWARD SAFETY REQUIREMENTS:

After contract award, the Contractor shall take such safety precautions as the Contracting Officer, or his/her designee may determine to be reasonably necessary to protect the lives and health of the occupants of the buildings. The Contracting Officer or his/her designee will notify the Contractor of any noncompliance with the forgoing provisions and the action to be taken. The Contractor shall after receipt of such notice immediately correct the conditions to which attention has been directed. Such notice, when served on the Contractor or his/her representative at the site of the work, shall be deemed sufficient for the purposes aforesaid. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or any part of the work and hold the Contractor in default.

14. PRE PROPOSAL CONFERENCE, SITE VISITS AND ONE-ON-ONE MEETINGS:

OFFERORS ARE URGED AND EXPECTED to inspect the site where construction is to be performed and to satisfy themselves as to all general and local conditions which may affect the cost of performance of the contract; to the extent such information is reasonably obtainable. In no event will a failure to inspect the site constitute grounds for withdrawal of an offer after opening or for a claim after award of the contract.

15. SOLICITATION QUESTIONS:

Questions must be submitted in writing. Questions shall be submitted via electronic mail (e-mail) to: Derek.Fore@va.gov with subject 36C26323R0042 Prevent Legionella Phase 3 Questions. Questions will be accepted up to 12:00 p.m. CT April 27, 2023. All questions and answers will be published via amendment to the solicitation.

16. AWARD:

A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received and granted before award.

17. AMENDMENTS TO SOLICITATION:

Acknowledge receipt of ALL amendments to this solicitation on the Standard Form 1442, back, block 19. If any of the amendments to this solicitation furnish amended sections, the amended sections must be used in submitting your offer.

18. BID GUARANTEE:

Sufficient bid guarantee in proper form, SF24, must be furnished with your offer. See FAR 52.228-1.

19. OFFER ACCEPTANCE PERIOD:

The minimum offer acceptance period is specified in block 13D of the SF1442 – 90 calendar days. Please ensure that you allow at least the stated number of calendar days for the Government to accept your offer.

20. SUBMITTING OFFERS:

Block 8 of the SF1442 specifies the location and Block 13A specifies the due date/time for submission of your offer. Offers must arrive via email by the exact time and date as specified in this solicitation. Transmission of offers by fax to this office is NOT ACCEPTABLE and will result in offers being rejected.

22. BASIS OF AWARD: Tradeoff

The Government’s goal is to award to the proposal that provides the best value, and a tradeoff process will be used to determine best value. Award might be made to other than the lowest price or other than the highest technically rated proposal.

23. VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE FOR INCLUSION INTO CONTRACTS:

See Attachment G VA6500 Appendix C 1-2-3a-6a-7a-7d-9 and Appendix D.

A.4 INSTRUCTIONS TO OFFERORS

Proposal Instruction’s

Introductory Statement
This section provides general guidance for preparing proposals as well as specific instructions on format and content of the proposal. The Offeror’s proposal must include all data and information requested herein and must be submitted in accordance with these instructions. Nonconformance with the instructions provided herein may result in an unfavorable proposal evaluation. Proposals shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of the stated claims. The proposal should not simply rephrase or restate the Governments’ requirements but shall address how the Offeror intends to meet these requirements. Offerors shall assume that the Government has no prior knowledge of their abilities and experience and will base its evaluation on the information presented in the Offeror’s proposal. Elaborate brochures or documentation, binding, detailed artwork, or other embellishments are unnecessary and are not desired. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.
Proposal Content
Volume 1-Technical Proposal

(a) Section 1 – Cover letter. Shall be a maximum two-page Cover Letter and shall include the name and address of the organization submitting the proposal, together with the name, address, e-mail address and telephone number of the contact person who has the actual power to legally bind the offeror and make representations relative to the offeror’s proposal and any resultant contract, for the offeror.

(b) Section 2 – Table of Contents. Shall be a detailed Table of Contents and shall include an outline of the proposal, identified by a sequential page number and be section reference and section title.

(c) Section 3 – Narrative Response to Non-Priced Evaluation Factors. In order to evaluate each proposal, it is necessary that each offeror respond to all factors in the same order as presented herein. Offers shall be organized with sections appropriately identified.

0. Technical Factors: Specific submittal requirements for technical factors 1-3 are discussed in the description of each individual evaluation factor.

0. Past Performance Factor:

(a) Limited to no more than two (2) pages per contract listed. Only references for same or similar type contract.

(b) Furnish the following information for each contract listed:

(i) Company/Division name

(ii) Project Name

(iii) Contracting Agency/Customer

(iv) Contract Number

(v) Contract Dollar Value

(vi) Period of Performance

(vii) Verified, up-to-date name, address, email and telephone number of the contracting officer

(viii) Comments regarding compliance with contract terms and conditions

(ix) Comments regarding any known performance deemed unacceptable to the customer, or not in accordance with the contract terms and conditions.

(c) Subcontractor Consent: Past performance information pertaining to a subcontractor cannot be disclosed to the prime offeror without the subcontractor’s consent. Provide with the proposal a letter from all subcontractors that will perform major or critical aspects of the requirement, consenting to the release of their past performance information to the prime contractor.

(d) Past Performance Questionnaires. Each offeror shall send out Past Performance Questionnaires (Attachment H) to each of the offerors past performance references, to each of the Points of Contact identified in the contracts listed in the contractor’s Past Performance Information. The responsibility to send out Past Performance Questionnaires rests solely with each offeror – IT SHALL NOT BE DELEGATED TO ANY OTHER ENTITY.

1. Complete Section A, General Information, of the Past Performance Questionnaire (Attachment H) and email the Past Performance Questionnaire to all past performance references listed in the contractor’s Past Performance Information. References are only allowed to use Attachment 6 to report past/present performance information, no substitutions will be considered. In addition, altered or substituted questionnaires will not be evaluated. Offerors are responsible to ensure questionnaires are transmitted to their references, and to indicate which references the questionnaire was sent to (see paragraph c above).

2. Once the Past Performance Questionnaires are completed by the offeror’s references, the information contained in the Questionnaires shall be considered source selection sensitive and not released to you, the offeror. Questionnaires shall be sent directly to the Government.

3. Past Performance Questionnaires are to be completed and sent directly to the Government by the evaluator completing the Questionnaire. It is the sole responsibility of the offeror to track the submission of Past Performance Questionnaires and ensure that the Government receives them AS SOON AS POSSIBLE BUT NO LATER THAN THE CLOSING TIME AND DATE OF THE SOLICITATION. It is also the sole responsibility of the offeror to inform the evaluators of any extensions the Government approves to the date and time proposal are due to be submitted.

4. The evaluator shall e-mail questionnaires to the attention of Derek Fore at Derek.Fore@va.gov

(e) In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror may not be evaluated favorably or unfavorably on past performance.

Volume 2 – Price Proposal

(a) Complete blocks 14, 15, 17, 18, 19, 20 a-c of the RFP, page 1, Standard Form (SF) 1442. In doing so, the offeror accedes to the contract terms and conditions as written in the solicitation in its entirety.

(b) Insert proposed unit prices for each Contract Line Item Number (CLIN).

(c) Return any solicitation amendments to the original solicitation documents, signed by the same official authorized to sign the SF 1442.

Size of Pages and Fonts
Narrative Response shall be typed not less than 12 font. Offeror shall use 8 ½” x 11” paper except for fold-outs used for charts, tables, or diagrams, which may not exceed 11” x 17.”
Page Limitation
The response should be concise and provide sufficient information to demonstrate the offerors capability to satisfactorily perform the objectives.

There is a 12-page limit per non-price technical factor (48 pages total).

Minimum Submission Requirements
In order to be considered for award, the offeror is required to submit, at a minimum, the following:

1. Signed SF-1442.

2. Signed Amendment(s) SF-30, if any.

3. Written response to all non-price evaluation factors in accordance with the written instructions stated herein.

4. At least three past performance references if available.

5. Solicitation provided Schedule of Items and Divisional Price Breakdown Sheet (Attachment B) – that contains pricing for the entire requirement.

6. Offer Guarantee/Bid Bond on form SF 24.

7. Surety letter regarding bonding capacity. See further instructions below.

8. Safety or Environmental Information, and Experience Modification Rate in accordance with the written instructions stated below.

9. Copy of SAM Registration

10. Limitations on Subcontracting Certificate of Compliance (Attachment J) must be completed, signed and returned (per VAAR 852.219-75, VA NOTICE OF LIMITATIONS ON SUBCONTRACTING)

Proposal Markings
Printed copies should not include marketing or promotional material

Faxed proposals will NOT be accepted

Proposal Submission Address
Proposals will be accepted by email only to:

Derek.Fore@va.gov Title: RFP 36C26323R0042- Prevent Legionella Phase 3

Solicitation Question
Questions concerning the solicitation will be accepted with a final cut-off date for question submission of 12:00 p.m. CST, April 27, 2023. Questions will only be accepted by email at Derek.Fore@va.gov. Please reference RFP number 36C26323R0042- Prevent Legionella Phase 3 Questions in the subject line. Please use Attachment I – Question Request Form.
Site Visit
An organized Site Visit has been scheduled for on Tuesday April 20, 2023, at 02:30 pm CT. Participants will meet in Facility Design Conference Room, Building 2 room 3B-137, Minneapolis VA Health Care System. Offerors are strongly encouraged to visit the VA installation to fully appraise themselves with the physical layout and the character and conditions under which the service is to be performed. Failure to do so will in no way relieve the successful offeror from the necessity of furnishing the services as specified in this proposal without additional cost to the Government.

Due to the current pandemic, a face mask will be required at all times while at the VA facility. Noncompliance with this requirement will result in being turned away and mandated to leave the VA premises.

ADDITIONAL PRIME CONTRACTOR INFORMATION

· All Offerors shall submit current information on their current Bonding/Surety Level for construction contracts. The Offeror shall provide a letter from their surety demonstrating the offeror’s total bonding capacity and current available bonding capacity, dated no earlier than the solicitation release date.

· All Offerors shall submit information pertaining to their past Safety and Environmental record. The information must contain a certification that the bidder/offeror 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. If such certification cannot be made, a Bidder/Offeror shall explain why and submit as much information as possible regarding the circumstances of its past safety and environmental record, including the number of EPA violations and/or the number of serious, repeat, and/or willful OSHA violations, along with a detailed description of those violations.

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

Note: The Prime Contractor Bonding Level and Safety/EMR Ratings will be assigned ratings under the Determination of Contractor’s Responsibility portion of the award process.

The VA intends to award without discussions but reserves the right to engage in discussions. If the Contracting Officer decides that discussions are in the Government’s best interest, they will be conducted in accordance with FAR 15.306 Exchanges with offerors after receipt of proposals.

A.5 EVALUATION FACTORS

Project Name: Prevent Legionella Phase 3, Project Number: 618-18-108 This is a competitive procurement following FAR 6.2 Full and Open Competition After Exclusion of Sources and FAR 36; and is set aside for verified SDVOSB’s, using the Tradeoff Process identified in FAR 15.101-1. Award of project contract will be made based on evaluation factors, with the combined non-price factors being more important than the price.

Factors are listed in descending order of importance with one (1) being most important and five (5) being least important.

The following are the proposal evaluation factors for subject project:

1. Technical Approach (non-price factor).

2. Experience (non-price factor).

3. Key Personnel Experience (non-price factor).

4. Past Performance (non-price factor).

5. Price

FACTOR 1 – TECHNICAL APPROACH:

a. Submittal Requirements:

1. Provide a narrative describing the Offeror’s method to manage the project to achieve construction objectives as described in the solicitation. Include all aspects covered in the scope of work. The technical approach section shall include language that validates the offeror’s knowledge of this type of project and should not be written in general terms. The following shall be included in the narrative:

(a) Construction Approach: Describe the techniques and methods for this construction project to include coordination with the design, projected timelines and phases, and coordination of work. Include an explanation of the total project management approach for the construction team, to include partnering/coordination with subcontractors, basic construction team, and concurrent construction activities by others, if any are known.

(b) Quality Control: Describe quality control processes during construction phases that will lead to an effective and successful project that completes on-time and meets performance needs and requirements.

(c) Cost Control: Describe cost control measures during construction phases that will lead to an effective and successful project that completes within budget.

(d) Explanation of all identified potential risks – especially any related to your preliminary Pre-Construction Risk Assessment (PCRA) and Infection Control Risk Assessment (ICRA). Discuss how risk mitigation activities will be managed for thorough and timely execution.

(e) Provide proposed plan to minimize the impact of construction on day-to-day hospital activities.

(f) Discuss the process your firm will take to handle disruptions, delays, and change orders.

2. The Offeror shall provide a draft project schedule for construction that adheres to the period of performance of this project. Each Offeror's construction schedule shall address the following:

· Be in the form of a progress chart of suitable scale to indicate the work scheduled for completion by any given date during the work period.

· Construction period milestones, phasing, and timeframes.

· Sufficient information to indicate full understanding of the project scope.

· Identification of long lead materials/equipment.

b. Evaluation Approach:

0. The Government will evaluate the extent to which the submitted information meets all requirements above and demonstrates their understanding of the project requirements.

0. The Government will evaluate the extent to which the draft project schedule includes all requirements above and demonstrates the offeror’s understanding of and ability to perform all required elements of the project in the timeframe specified with limited impact to the Medical Center. The draft project schedule must include the activities which are consistent with those described within the project drawings, specs, and Scope of Work documents and must not exceed the Government's maximum allowable performance period. The period of performance for this project is 365 calendar days after the Notice to Proceed. For scheduling purposes, assume an estimated award date of August 04, 2023, and that the Notice to Proceed will be issued ten (10) calendar days after the award date, August 14, 2023. The Offeror shall prepare and submit a reasonable construction schedule showing all necessary work elements to complete the project identified under this solicitation. The schedule must be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the performance period. The submitted schedule must be developed using project scheduling software such as MS Project, Primavera, or any other comparable form.

Offerors are specifically instructed to provide clear, unambiguous, and detailed information. Confusing, vague, or conflicting representations of Technical Approach to demonstrate technical competence, including proposals that simply restate the published requirements, will not be rated as highly as proposals that provide clear and detailed information.

FACTOR 2: EXPERIENCE:

Relevant: For purposes of this evaluation, a relevant project is further defined as “construction completed in a clinic, hospital or other medical facility space” construction projects to be at least $5.0 Million. of similar size and scope and 80% complete.

Sizes: Similar size is considered via quantity of components replaced/installed. Minimum requirement to be at least 50% of this designs requirement.

Scope: Similar scope would include new construction of a hospital ward, large-scale renovations of hospital plumbing, or similar type construction or renovation within an active hospital, or medical facility setting.

The offeror shall provide a minimum of three (3) and a maximum of five (5) projects completed within the last seven years (7) years of similar in size and scope to this project. Projects must demonstrate an offeror’s experience as a prime contractor managing multiple subcontractors.

Offerors shall explain how the information provided is relevant to the proposed acquisition and the projects selected should clearly demonstrate the construction capabilities of the Offeror. Each project shall include at least (1) of the (4) below targeted experiences. At least a total of (2) experiences must be accounted for in all the projects submissions combined. Example Project 1 has Experience 1, Project 2 has Experience 3, Project 3 has Experience 1.

Targeted Experience

1. Installation of stainless-steel plumbing piping

2. Installation of plumbing piping within shafts

3. Installation of pressure reducing stations and steam-to-water domestic water heaters

4. Experience with domestic water shutdowns within a hospital The Offeror’s submission should include at a minimum:

· Project Title, Project Contract Number (and Task Order Number if one was associated with the contract), Project Location (Physical Address); Contract Type (Example: Firm-fixed-price, time and materials, cost reimbursement, etc.).

· Project point of contact and contact information.

· A brief description of the scope of work, including the relevant factors explained above.

· Project prime contractor and major subcontractors.

· Project statistics including start and completion dates (original vs actual) and project cost (original vs actual). If original vs actual completion dates and project cost differ, please provide an explanation as to why they differ.

· Problems encountered on identified contracts, if applicable, and the offeror’s corrective actions.

· The Government will evaluate the submitted information on the extent to which the offeror has demonstrated experience in performing construction projects that are similar in size and scope to the current requirement.

FACTOR 3 - KEY PERSONNEL EXPERIENCE:

The Offeror shall provide a resume for each of the following key construction personnel: Project Manager, Site Supervisor, Safety Manager, and Quality Manger as well as any known major subcontractors. For each resume, include company name; name of individual; relevant listing of experience; qualifications such as specialized training, education, experience, etc. For any subcontractors identified, provide a resume for that company, identify any key personnel that will be assigned to the contract resulting from this solicitation, and the relevant experience of both the company and any key personnel that were identified.

The proposals will be evaluated based on the resumes provided by the Offeror. The VA will evaluate the extent to which the listed personnel and subcontractors demonstrate capabilities and qualifications to provide the required planning, implementation, and completion of the project. Additional consideration will be given to offerors with key personnel that have specialized training, education, certifications, and experience in an operational healthcare facility.

FACTOR 4 – PAST PERFORMANCE:

The offeror shall provide a past performance evaluation for each of the projects listed under Factor 2 - experience. If the evaluation is available in CPARS, it shall be submitted with the proposal. If the evaluation is not available in CPARS, then the Offeror shall submit a Past Performance Questionnaire (PPQ) (reference Attachment 6) for each project referenced for Past Performance. The Offeror shall notify their client that the PPQ shall be submitted via email to the Government’s point of contact, derek.fore@va.gov. If the Offeror is unable to obtain a completed PPQ from a client for a project before proposal closing date, the Offeror shall complete and submit with the proposal the first page of the PPQ, which will provide contract and client information for the respective project. The Government may make reasonable attempts to contact the client noted for that project(s) to obtain the PPQ information. Although the Government may make attempts, it is not responsible for ensuring that complete PPQ information is provided, and that the Government will evaluate past performance even if complete information isn’t provided. Offerors should follow-up with clients/references to help ensure timely submittal of questionnaires. The page limit does not apply for the CPARS and PPQs.

Past performance will be evaluated on the quality of the Offeror’s past performance with respect to the projects provided. The currency and relevance of the information, source of the information, context of the data, and general trends in contractor’s performance shall be considered. When evaluating, quality aspects that may be considered are timeliness of contract completion, adherence to contract schedules and timely submission of data deliverables, the contractor’s ability to comply with the terms and conditions of the contract, the overall quality of the work performed on the contract, the Offeror’s managerial performance, and if the reference would enter a contract with the contractor again. Contractors without relevant past performance or for whom past performance information is not available, will be given a neutral rating. Past performance evaluations may also be conducted using information obtained from CPARS. Other sources may include, but are not limited to, inquiries of owner representatives, Federal Awardee Performance, and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the Offeror.

FACTOR 5 - PRICE:

The offeror’s proposed price will be evaluated for completeness, cost to the Government, and price reasonableness. Price reasonableness will be established using any necessary price/cost analysis techniques in FAR 15.404-1, including but not limited to price competition information and the Independent Government Cost Estimate (IGCE), along with any other pricing tools deemed necessary.

· Provide a Schedule of Values broken down using your Factor 1 Draft Project Schedule, in addition to Divisional Bid Breakdown. This will be used to check for unbalanced pricing.

· An award cannot be made if proposal prices exceed available funding or cost limitations, if applicable.

PRICE SCHEDULE SHEET

LIN
Description of Item
Type
Quantity
Unit
Unit Price
Amount

BASE ITEMS

0001
Project 618-18-108, Prevent Legionella Phase 3: Provide all labor, materials, equipment, and associated costs to complete the work for the Minneapolis VA Medical Center as required by the specifications and drawings.
FFP
1
JOB
L.S.

TOTAL PRICE

LIN – Line Item Number LS – Lump Sum

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

(End of Provision)

2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of Provision)

2.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade
Goals for female participation for each trade
2.9 %
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 Hennepin County Minneapolis Minnesota (End of Provision)

2.4 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "designated country 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 Under Trade Agreements" (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination 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 FAR clause 52.225-11 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 materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(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 construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country 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 FAR clause 52.225-11 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 FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.5 52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by…

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