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36C77623R0068
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.
36C77623R0068 X 02-10-2023 612-165 36C776 Department of Veterans Affairs Program Contracting Activity Central 6100 Oak Tree Blvd, Suite 490 Independence
OH
44131 Department of Veterans Affairs Program Contract Activity Central 6100 Oak Tree Blvd, Suite 490 Independence
OH
44131 Kaylan Grove 216-447-8300 In accordance with 38 U.S.C. § 8127 (Public Law 109-461), this project is a competitive Service-Disabled Veteran-Owned Small Business set-aside.
This project will be procured using two-phase design-build procedures.
The contractor is to provide design and construction services to construct a Parking Structure in accordance with this solicitation and all attachments.
The project location is: 150 Muir Road, Martinez, CA 94553.
VAAR Magnitude of Construction: $10,000,000 to $20,000,000 The total project budget is $14,000,000.00
X X 52.211-10 X zero (0) 10:00
EDT
03-14-2023 X ninety (90)
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
00076 Department of Veterans Affairs Department of Veterans Affairs 6100 Oak Tree Blvd, Suite 490 Independence
OH
44131
VAFSC
Department of Veterans Affairs Financial Services Center Invoices to be Submitted Electronically https://www.fsc.va.gov/einvoice.asp e-Invoice Setup Info Phone 877-489-6135
877-353-9791 512-460-5429
Table of Contents
| PART I - THE SCHEDULE | 1 |
| SECTION A - SOLICITATION/CONTRACT FORM | 1 |
| A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair) | 1 |
| A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION, ALTERATION, OR REPAIR)– BACK | 2 |
| A.3 PRICE/COST SCHEDULE | 6 |
| ITEM INFORMATION | 6 |
| Price Schedule Notice | 7 |
| INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS | 7 |
| 1.1 PROPOSAL MATERIAL: | 7 |
| 1.2 BID GUARANTEE: | 7 |
| 1.3 PAYMENT & PERFORMANCE BONDS: | 7 |
| 1.4 AVAILABILITY OF SOLICITATION DOCUMENTS: | 8 |
| 1.5 SDVOSB SET-ASIDE: | 8 |
| 1.6 TECHNICAL QUESTIONS: | 8 |
| 1.7 AMENDMENTS: | 8 |
| 1.8 PREPARATION OF PROPOSALS: | 8 |
| 1.9 SELECTION PROCEDURES: | 8 |
| 1.10 PROPOSAL REQUIREMENTS: | 9 |
| 1.11 DETERMINATION OF RESPONSIBILITY: | 18 |
| 1.12 VETS 4212: | 18 |
| 1.13 SYSTEM FOR AWARD MANAGEMENT (SAM): | 18 |
| 1.14 REVIEW REQUIRED REGISTRATION WITH CONTRACTOR | 18 |
| PERFORMANCE ASSESSMENT SYSTEM (CPARS): | 18 |
| 1.15 BACKGROUND INVESTIGATIONS AND SPECIAL AGREEMENT CHECKS: | 19 |
| 1.16 REFERENCES TO VA ENGINEER, RESIDENT ENGINEER OR PROJECT MANAGER: | 19 |
| 1.17 KEY PERSONNEL REPLACEMENT | 19 |
| 1.18 52.215-5 FACSIMILE PROPOSALS (OCT 1997) | 20 |
| 1.19 52.216-1 TYPE OF CONTRACT (APR 1984) | 21 |
| 1.20 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) | 21 |
| 1.21 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999) | 21 |
| 1.22 52.228-1 BID GUARANTEE (SEP 1996) | 22 |
| 1.23 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021) | 23 |
| 1.24 52.233-2 SERVICE OF PROTEST (SEP 2006) | 23 |
| 1.25 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995) | 24 |
| 1.26 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 24 |
| 1.27 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) | 25 |
| 1.28 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018) | 25 |
| 1.29 PARTNERING | 25 |
| REPRESENTATIONS AND CERTIFICATIONS | 26 |
| 3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2022) | 26 |
| 3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) | 30 |
| 3.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 32 |
| 3.4 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—CERTIFICATION (NOV 2021) | 34 |
| 3.5 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND REPRESENTATION (JUN 2020) | 36 |
| GENERAL CONDITIONS | 38 |
| 4.1 52.203-14 DISPLAY OF HOTLINE POSTER(S) (NOV 2021) | 38 |
| 4.2 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) | 38 |
| 4.3 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (NOV 2021) | 39 |
| 4.4 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 40 |
| 4.5 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) | 41 |
| 4.6 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (OCT 2022) | 41 |
| 4.7 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020) | 44 |
| 4.8 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) | 44 |
| 4.9 SUPPLEMENTAL INSURANCE REQUIREMENTS | 46 |
| 4.10 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 46 |
| 4.11 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020) | 48 |
| 4.12 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022) | 49 |
| 4.13 VAAR 852.219-73 VA Notice of total set-aside for verified service-disabled veteran-owned small businessES (NOV 2022) | 50 |
| 4.14 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION | 54 |
| 4.15 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 56 |
| 4.16 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019) | 58 |
| 4.17 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019) | 59 |
| 4.18 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019) | 59 |
| 4.19 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT ADMINISTRATION (OCT 2020) | 59 |
| 4.20 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 61 |
| 4.21 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT (SEP 2019) | 61 |
| 4.22 MANDATORY WRITTEN DISCLOSURES | 62 |
| DESIGN BUILD SPECIFICATIONS | 63 |
| 4.23 SEQUENCE OF DESIGN-CONSTRUCTION | 63 |
| 4.24 SCHEDULE OF PAYMENTS FOR DESIGN SERVICES | 63 |
| 4.25 OWNERSHIP OF ORIGINAL DOCUMENTS | 63 |
| 4.26 RETENTION OF REVIEW DOCUMENTS | 64 |
| 4.27 CONTRACT DRAWINGS AND SPECIFICATIONS GOVERNMENT FURNISHED PLANNING INFORMATION | 64 |
| 4.28 COORDINATION WITH MEDICAL CENTER | 64 |
| 4.29 RESPONSIBILITY OF THE DESIGN-BUILD CONTRACTOR | 64 |
| 4.30 LIST OF ATTACHMENTS | 65 |
A.3 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1.00 |
| JB |
| __________________ |
| __________________ |
Design & Construction Documents: Contractor shall provide the complete design of the parking structure and all requirements listed in the project’s SOW, providing an additional 350 parking spaces to the campus.
Contractor shall furnish all labor, material, equipment, and supervision to provide the required documents for construction including Drawings, Specifications, construction cost estimates, and other documents as necessary in accordance with the Solicitation, SOW, Specifications and all attachments.
| 1.00 |
| JB |
| __________________ |
| __________________ |
Construction: Contractor shall provide all construction related activities such as pre-construction, site-prep, general construction, alterations, necessary removal of existing structures, renovations, post-construction services, commissioning, project close-out and any other required elements of work to provide a complete and usable facility.
Contractor shall furnish all labor, material, equipment, and supervision to perform all required elements of work in accordance with the Solicitation, SOW, Specifications and all attachments.
| GRAND TOTAL |
| __________________ |
Price Schedule Notice
*PLEASE NOTE:
1. Pricing will only be required for Phase II of the Design-Build process. NO Pricing is to be submitted as part of Phase I.
2. The contractor shall complete the entire project not later than 460 calendar days after the contractor receives the NOTICE TO PROCEED.
3. The Offeror must submit a proposal based on a 460 Calendar day Schedule. This duration includes, but is not limited to design services, construction, clean-up, acceptance, and submitting final project record drawings.
4. The Offeror shall furnish all plant, labor, material, equipment, etc., necessary to perform all work in strict accordance with the terms and conditions set forth in the contract to include all attachments thereto.
5. Contractor is required to fill in DUNS NUMBER in Block No. 14 on Standard Form (SF) 1442.
6. During Phase II of the Two-Phase Design Build Process, the Contractor is required to fill in their pricing on the above pricing schedule and in Block No. 17 of the SF 1442. Pricing in Phase II shall be submitted in whole dollar values. Do NOT include pricing in cents. Pricing is not to be submitted in Phase I.
7. PLEASE NOTE: The Contractor agrees to attend any Post Award conference convened by the contracting activity or contract administration in accordance with Federal Acquisition Regulation subpart 42.5
Page 1 of Page 1 of
INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS
1.1 PROPOSAL MATERIAL:
Proposal materials consisting of the statement of work, specifications, other attachments, and contract forms are included and/or attached as part of this Request For Proposal. The VA will not provide printed copies of the specifications or solicitation documents. It is the responsibility of the offeror to obtain the proposal materials in a time and manner sufficient to respond to this solicitation by the specified due date.
1.2 BID GUARANTEE:
A Bid Guarantee, SF 24, is required in an amount not less than 20 percent of the proposal price but shall not exceed $3,000,000. Failure to furnish the required bid (proposal) guarantee in the proper form and amount, by the time set for receipt of proposals, may result in the rejection of the proposal. Copies of the SF 24 may be obtained from http://www.gsa.gov/portal/forms/type/TOP. Alternatively, an "Irrevocable letter of credit" (ILC) may be submitted in accordance with FAR 52.228-14.
1.3 PAYMENT & PERFORMANCE BONDS:
The offeror to whom award is made will be required to furnish two bonds, a Payment Bond, SF 25A, and a Performance Bond, SF 25, each in the penal sum as noted in the General Conditions of the Solicitation. Copies of SFs 25 and 25A may be obtained from http://www.gsa.gov/portal/forms/type/TOP.
1.4 AVAILABILITY OF SOLICITATION DOCUMENTS:
All solicitation related documents will be published to: https://sam.gov/.
1.5 SDVOSB SET-ASIDE:
This procurement is 100% set-aside for Service-Disabled Veteran-Owned Small Business concerns. Offers received from other than Service-Disabled Veteran-Owned Small Business concerns will not be considered. All Service-Disabled Veteran-Owned Small Businesses must be listed as “verified” by the Veteran Small Business Certification (VetCert) https://veterans.certify.sba.gov/ at TIME OF SUBMISSION OF BIDS AND TIME OF AWARD. Failure to be BOTH visible and verified at the time of bid submission and time of award will result in the offeror’s bid being deemed unacceptable and ineligible for award.
1.6 TECHNICAL QUESTIONS:
Questions of a technical nature must be provided in writing and shall be submitted via e-mail to: kaylan.grove@va.gov and andrea.fink@va.gov. The subject line must read: Martinez Parking Structure - Technical Questions. Oral questions of a technical nature are not acceptable due to the possibility of misunderstanding or misinterpretation. THE CUT-OFF DATE AND TIME FOR RECEIPT OF PHASE I QUESTIONS IS 2/24/23 at 9:00 AM EST.
1.7 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.
1.8 PREPARATION OF PROPOSALS:
The Government will not pay for any costs incurred in preparation and submission of proposals.
1.9 SELECTION PROCEDURES:
This solicitation is issued as a Request For Proposal (RFP) utilizing the two-phase design-build selection procedures in accordance with FAR 36.301. Phase II of the solicitation shall be prepared in accordance with FAR Part 15, with evaluation criteria developed in accordance with FAR 15.304. The Government intends to award a contract resulting from this solicitation to the responsible Offeror whose proposal represents the best value to the Government utilizing the Lowest Price Technical Acceptable (LPTA) evaluation method. It is the intent of the Government to award without discussions; however, the Government reserves the right to conduct discussions if necessary.
All Phase I and Phase II 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. In Phase I of the Two-Phase Design-Build process, Offerors will submit a proposal in accordance with the three (3) evaluation factors listed below. Upon receipt of Phase I proposals, the VA team will evaluate and determine the highest qualified Offerors based on their Phase I submissions. A maximum of four (4) Offerors will be selected to provide a proposal for Phase II. Offerors not selected to provide a Phase II proposal will be notified that they are no longer being considered for this project. Phase II proposals will be evaluated in accordance with FAR Part 15 using both Non-Price and Price evaluation factors listed below. The Government intends to award a contract resulting from the solicitation to the responsible offeror whose proposal is the Lowest Priced Technically Acceptable offer. A responsibility determination will be made in accordance with FAR 9.1, Responsible Prospective Contractors.
Evaluations will be based on the following evaluation factors:
Phase I
1. Technical Approach
2. Technical Qualifications (Key Personnel Experience and Design-Build Team Experience)
3. Capability to Perform Phase II
1. Technical Solution (Non-Price)
2. Draft Project Schedule (Non-Price)
3. Price
1.10 PROPOSAL REQUIREMENTS:
A. GENERAL:
1. Proposals shall be based on solicitation document issued for RFP number 36C77622R0152. Proposals will be in the format stipulated in this document.
2. Proposals shall be received on or before the date and time specified in Block 13 of the SF 1442. There will be no public opening of the proposals.
3. Proposal Submission:
i. Submit proposals via e-mail to: kaylan.grove@va.gov and andrea.fink@va.gov.
ii. Emails are limited to five (5) MB.
iii. Only e-mail proposals will be accepted. Hard-copy proposals will not be accepted.
4. Bid Bond (PHASE II ONLY):
i. The bid bond shall be submitted as part of the electronic proposal submission. An original hard copy of the bid bond will be requested by the VA, after the award selection.
ii. Failure to furnish the required bid guarantee on the proper SF 24 and for the proper amount, by the time specified in Block 13 of SF 1442, shall result in rejection of the proposal. See FAR Provision 52.228-1, Bid Guarantee, contained in the solicitation.
5. Page size for all proposal documents will be 8.5 x 11 inches, with 1-inch margins around the page perimeter. Pages will be single spaced. Each single-sided page shall count as one (1) page. Proposals shall be submitted using Times New Roman, with font no smaller than 11 point with normal proportional spacing.
6. Page formatting restrictions do not apply to drawings, but each page does apply to the page count. Submission of the draft project schedule can be submitted utilizing larger paper of 11 x17 inches. Pages submitted in excess of the page count will not be evaluated.
B. PHASE I PROPOSAL FORMAT AND EVALUATION:
1. Format: The offer, including title page, detailed table of contents, and preface for Phase I shall be submitted in one (1) PDF document and shall not exceed a total of TWENTY-EIGHT (28) pages. The Offeror shall not include any price or price related material in the Phase I proposal. Use graphic presentations where such use will contribute to the compactness and clarity of the proposal.
2. Evaluation Factors: The Phase I proposal shall address the following evaluation factors:
Factor 1: Technical Approach Provide a brief narrative (page limitation: five (5) pages) on the offeror’s proposed technical approach for this design-build project as defined in the solicitation submittal requirements. The assessment of the offeror’s method to manage the project shall be used as a means of evaluating the offeror’s ability to successfully meet the requirements of the solicitation. If the page limits are exceeded, the pages exceeding the limit will not be read or considered. The following shall be included in the narrative:
· Design Approach: Describe the techniques and methods.
· Construction Approach: Describe the techniques and methods for this construction project to include coordination with the design package, projected timelines and phases and coordination of work. Demonstrate approaches that will be employed during construction to minimize adverse interruption to daily healthcare operations at the medical center. Describe an approach to meet or exceed proposed schedule.
· Quality Control: Describe quality control processes during design and construction phases that will lead to an effective and successful project that completes on-time and within budget.
Evaluation Methodology: Will be evaluated based on the Offeror’s proposed technical approach for this design-build project as defined in the solicitation submittal requirements. The assessment of the Offeror’s method to manage the project shall be used as a means of evaluating the Offeror’s ability to successfully meet the requirements of the solicitation.
Factor 2: Technical Qualifications
0. a. Key Personnel Experience: The Offeror shall provide a resume (page limitation, no more than two (2) pages per requested resume) for each of the following A-E personnel: Lead Architect, Lead Structural Engineer, and Lead Civil Engineer. These are intended to be the Architect and Engineers that will actually affix their seal to the appropriate construction drawings.
0. The Offeror shall also provide a resume (page limitation, no more than two (2) pages per requested resume) for each of the following key construction personnel: Project Manager, Site Superintendent, and 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 of the lead person who will be directly involved in the work subcontracted 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.
0.
Resumes must demonstrate specialized experience, and technical competence in construction or design of at least (1) multi-story parking garage or similar multi story design project in scope and complexity.
1.
1. The VA will use the information provided to evaluate, among other things, specialized experience, and technical competence.
0. b. Design-Build Team Experience: The evaluation team will assess the offeror’s experience with constructing parking garages, and with new construction conducted within an active healthcare setting, including previous means and methods employed to reduce the risk of infection in healthcare facilities. The offeror will be assessed for its prior history to manage interim life safety measures during construction including alternate routing, signage, and provision of devices to ensure the healthcare facility is always compliant with Fire Life Safety code.
1.
1. The Design-Build team will be assessed for its prior design-build experience as the prime contractor. The prime contractor will provide a list of a minimum of two (2) to a maximum of five (5) contracts that are similar in scope and magnitude and within five (5) years of project completion. Of the two (2) to five (5) contracts submitted, at least one (1) must involve designing and constructing a multi-story parking garage, and at least one (1) must involve new construction in an active healthcare setting.
1.
1. If submitting as a teaming arraignment the prime will provide the number of years and projects they’ve completed together. A teaming arraignment must have not less than (2) years and/or (2) projects of similar scope and complexity.
1. Offerors response shall include:
1. Approximate number of parking spaces for completed parking garage project examples
2. Provide the Project Title and Description, Project Location (Physical Address); Contract Type (Example: Design-Build, Design-Bid-Build).
3. Provide a brief description if phasing was incorporated into the project with an explanation of phasing.
4. Provide the project owner’s name and telephone number and email address of the point of contact.
5. State if offeror was working as a prime or subcontractor and the actual work completed by the offeror.
5.
5. Evaluation Methodology: Will be evaluated on relevant and recent experience of design-build or design-bid-build contracts of comparable size, complexity and scope within the last five (5) years.
Factor 3: Capability to Perform Submission Criteria: The Offeror shall provide a letter from their surety demonstrating the Offeror’s total bonding capacity and current available bonding capacity. Total bonding capacity and current available bonding must be outlined in a letter dated no earlier than the solicitation release date.
Evaluation Methodology: Capability to perform will be evaluated based on whether the Offeror has adequate total bonding capacity and available bonding capacity to accommodate the design and construction of the project.
PHASE II PROPOSAL FORMAT AND EVALUATION:
1. Format: Phase II proposals shall be based on solicitation documents and the instructions provided by the Contracting Officer in the Phase II Notice of Offerors notifying Offerors that they were selected as one of the most qualified Offerors in Phase I. Technical (Non-Price), Price, and Administrative sections of the Offerors proposals will be evaluated independently; therefore, the Offeror shall submit the proposal in three (3) Volumes (Volume I: Technical, Volume II: Price and Volume III: Administrative). The contractor shall include NO price information in Volume I, Technical. All three volumes must be labeled with the Offeror's organization, business address, and VA Solicitation Number. The Offeror shall submit Volumes I, II, and III in electronic format as searchable PDF documents. The proposal, in its entirety, shall not exceed three emails (one for each volume) of 5MB each. Include page numbers and the company name in the header or footer of each page.
i. Volume I, including all Non-Price factors, shall not exceed a total of TWENTY (20) pages.
ii. Volume II including price only shall not exceed a total of THREE (3) pages following the formatting requirements stated in general proposal requirements.
iii. Volume III Administrative: An Offeror may be considered unacceptable if the below items are not provided in the proposal. Offerors shall include the following in Volume III:
a. Offeror shall return a signed copy of all amendment(s) that are acknowledged in section 19 of the SF 1442 or on each SF 30.
b. Bid Bond (see FAR Provision 52.228-1, Bid Guarantee, contained in the solicitation).
c. Offeror shall provide their Representations and Certifications or their response to FAR 52.204-8 (2) (i) or (ii) Annual Representations and Certifications.
d. Offeror shall provide their response to FAR 52.204-24 (d) Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.
e. Offeror shall provide their response to FAR 52.209-7 (b) Information Regarding Responsibility Matters.
f. Offeror shall provide their response to FAR 52.209-13 (b) (1) or (2) Violation of Arms Controls Treaties or Agreements.
g. Offeror shall provide their response to FAR 52.219-28 items (h)(1), (h)(6), and (h)(7) Post-Award Small Business Program Representations.
h. Offeror shall include the Safety or Environmental Violations and Experience Modification Rating Information, including filling out ATTACHMENT 3.
All Offerors shall submit information pertaining to their past Safety and Environmental record. The information must contain a certification that the 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, an 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 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.
Self-insured contractors or other contractors that cannot provide their EMR rating on insurance letterhead must obtain a rating from the National Council on Compensation Insurance, Inc. (NCCI) by completing/submitting form ERM-6 and providing the rating on letterhead from NCCI. Note: Self-insured contractors or other contractors that cannot provide EMR rating on insurance letterhead from the states or territories of CA, DE, MI, NJ, ND, OH, PA, WA, WY, and PR shall obtain their EMR rating from their state run worker’s compensation insurance rating bureau.
If the NCCI cannot issue an EMR because the Offeror lacks insurance history, Offeror shall submit a letter indicating so from its insurance carrier furnished on the insurance carrier’s letterhead and include a letter from the NCCI indicating that is has assigned Offeror a Unity Rating of 1.0.
The above information, along with other information obtained from Government systems, such as the OSHA and EPA online inspection history databases, will be used to make an initial Determination of Responsibility.
This requirement is applicable to all subcontracting tiers, and prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors.
*If the EMR rating for the subcontracting tiers cannot be provided at time of proposal submission, the prime contractor shall acknowledge this and provide as a submittal with the insurance and bonding requirements.
Failure to provide the ATTACHMENT 3 containing the above information, may result in a determination that an Offeror is not responsible and therefore ineligible for award.
2. Evaluation Factors: The Phase II proposal shall address the following evaluation factors. To receive consideration for award, a rating of Acceptable must be achieved for each of the two (2) Phase II Technical Factors (Non-Price). Acceptable is defined as “Proposal meets the requirements of the solicitation.”
Factor 1: Technical Solution (Volume I - Non-Price):
Based on the solicitation documents, site visit, and the Offeror’s Phase I Technical Approach, provide a detailed narrative (page limitation: ten (10) pages for detailed narrative plus two pages available for schematic layout suggestions) describing the Offeror’s technical solution to the project to achieve design and construction design objectives as described in the solicitation. The Technical Solution will be evaluated for inclusion of the technical areas listed in the specifications, Statement of work, traffic control plan and phasing plan for demolition and construction. The VA will evaluate Offeror’s specific detail in each of the technical areas regarding design and constructability of design. The Offeror’s narrative should provide enough detail to demonstrate that the scope and complexity of the project requirements are understood and will be successfully completed. If the page limits are exceeded, the pages in excess of the limit will not be read or considered.
The Offeror’s narratives shall include, at minimum, the following technical areas:
1. Phasing: Demonstrate maintaining two-way traffic control phasing plan for demolition and construction
2. Parking Garage design and construction knowledge
3. Underground utility construction knowledge: Ability to demonstrate working and coordinating with utilities company such as PG&E
4. New Building design and construction knowledge
5. Storm water management design knowledge
6. VA security Design Guide and Manual
7. VA Design Guides and TIL Design Requirements
8. California Building Code or other Earthquake prone areas
9. Quality Control management and solutions
10. Safety management
The Offeror shall address areas of concern and describe how they will minimize risk in conjunction with the identified areas of concern. The narrative shall indicate that the Design-Build team understands the site complexities and address how their approach offers constructability advantages in an operational hospital setting.
Evaluation Methodology: The VA will evaluate the Technical Solution and use as an aid to help determine that the Offeror understands the project and can perform all of the required elements. The Technical Solution will be evaluated for inclusion of the Technical areas listed in the criteria. The VA will evaluate an Offeror’s specific detail in each of the technical areas regarding design and constructability of design. The Offeror’s narrative should provide enough detail to demonstrate that the scope and complexity of the project requirements are understood and will be successfully completed.
Factor 2: Draft Project Schedule (Volume I - Non-Price):
The offeror shall demonstrate their understanding of the requirement and timeline by submitting a draft project schedule for design and construction that adheres to the requirements outlined in the attached Specification Section 01 32 16.16 Schedule for Design-Build. The Offeror’s schedule shall address, at minimum, the following:
1. The Offeror’s plan for performing design services to include internal quality control reviews before submission to the VA
2. Realistic timeframe for design services to be performed including time for VA re-view and resolution of design review comments
3. Proposed phasing to ensure essential services required for medical center operations are not disrupted
4. Phasing and how to keep the hospital continuously operational.
5. How to account of delays such as: limited work hours due to noise considerations from patient care areas, staff displacement issues, phasing and work displacement across three (3) buildings.
6. Proposed start of construction and demonstration of realistic timeframes for submittals, procurement, and construction activities
7. Activities proposed to begin based on a limited Notice to Proceed for construction prior to the approval of final 100% Construction Documents
8. Complete contract closeout activities to include final inspections, punchlist corrections, and submission of closeout documents, submittals, record drawings, etc.
The project will start at the issuance of the Notice to Proceed. For scheduling purposes, assume the Notice to Proceed will be issued fourteen (14) calendar days after the award date. (Note that there is no guarantee the Notice to Proceed will be issued within this timeframe.)
Evaluation Methodology: The VA will evaluate and use as an aid to help determine that the Offeror understands and can perform all of the required elements to complete the project in the time frame specified with limited impact, to the greatest extent possible, to the Medical Center. (The project schedule submitted with the offer should not be construed as the agreed upon schedule as per FAR 52.236-15, the contractor shall, within twenty-one (21) Calendar days after receiving the Notice to Proceed, submit an interim project schedule which will supersede the project schedule submitted in the Phase II proposal. The interim project schedule will be subject to VA approval and must show the project being accomplished within the time frame specified on the SF 1442 [Block 11]). Note: The performance period proposed by the cannot exceed the time specified in the solicitation, and FAR 52.211-10, Commencement, Prosecution, Completion of work.
Factor 3: Price (Volume II):
Carefully follow “Instructions, Conditions, and Notices to Offerors”, Standard form (SF) 1442 Solicitation, Offer and Award (Construction, Alteration, or Repair) and the price schedule when submitting price offers. The prices shall be Firm Fixed Price. The Offeror shall take care not to include remarks that take exception to the Government’s solicitation and supporting attachments, pricing requirements, or otherwise preclude the Government from evaluating the offer or render the offer as non-responsive or unacceptable. If the Offeror communicates in its proposal any exceptions, exclusions, qualifications, or conditions to the proposed prices not provided for in the Offerors proposal documents, the Contracting Officer shall reject the proposal and exclude the Offeror from further consideration. The Contracting Officer will evaluate Offers in accordance with the process identified in the Price Schedule. The total evaluated price will be determined by the Offeror’s price for all the Line Items listed in the Price Schedule.
Evaluation Methodology: Will be evaluated in accordance with the requirements identified in the Price Schedule. The total evaluated price will be determined by the Offeror’s price for all the Line Items listed.
C. FINAL PROPOSAL REVISIONS (section only applies if discussions are conducted):
1. If determined to be necessary, proposal revisions will be requested from the Offerors determined by the CO to be in the competitive range based on the selection criteria. Discussions may be conducted with those Offerors falling within the competitive range, after which proposal revisions will be requested. Proposal revisions will be submitted as per Section 2.7(A), above, except as noted below and will be due at a time and place to be determined.
2. Offerors submitting proposal revisions will not be requested to re-submit any documents which are unchanged from their initial proposals. Offerors will provide necessary changes to individual paragraphs, as briefly as possible, and include a table of contents, which indicates where within the initial proposal the additional information or changed documents would be placed. Proposal revisions shall include a completed SF 1442 that acknowledges receiving all amendments, by number. A new bid bond shall be submitted only if the final proposal revisions Offeror’s price proposal is greater than its initial price proposal.
1.11 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. Any prospective awardee that fails to meet the Determination of Responsibility shall be referred to the Small Business Administration for a Certificate of Competency and their proposal may be deemed “Non-Responsible”. NOTE: Any information received by the Government that would cause for a negative Determination of Responsibility may make the Offeror ineligible for award.
1.12 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.
1.13 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. 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 Phase I submission, Phase II submission, and award.
1.14 REVIEW REQUIRED REGISTRATION WITH CONTRACTOR
PERFORMANCE ASSESSMENT SYSTEM (CPARS):
As prescribed in Federal Acquisition Regulation (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.
1.15 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. Please be advised that the awardee will need to coordinate with the VA Medical Center concerning badging requirements.
1.16 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).”
1.17 KEY PERSONNEL REPLACEMENT
The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to the Contractor voluntarily diverting any of the specified individuals to other programs or contracts the Contractor shall notify the Contracting Officer and shall submit a justification for the diversion or replacement and a request to replace the individual. The request must identify the specific position proposed to be replaced and provide an explanation of how the proposed replacement’s skills, experience, and credentials meet or exceed the standard established by the resume for the same position included in the contract . If the employee of the Contractor is terminated for cause or separates from the contractor voluntarily with less than thirty days’ notice, the Contractor shall provide the maximum notice practicable under the circumstances. The Contractor shall not divert, replace, or announce any such change to key personnel without the written consent of the Contracting Officer. The contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties. The following positions are established as key personnel in this contract:
1. Lead Architect
2. Lead Structural Engineer
3. Lead Civil Engineer
4. Project Manager
5. Site Super Intendent
6. Major Subcontractors (End of Clause)
1.18 52.215-5 FACSIMILE PROPOSALS (OCT 1997)
(a) Definition. "Facsimile proposal," as used in this provision, means a proposal, revision or modification of a proposal, or withdrawal of a proposal that is transmitted to and received by the Government via facsimile machine.
(b) Offerors may submit facsimile proposals as responses to this solicitation. Facsimile proposals are subject to the same rules as paper proposals.
(c) The telephone number of receiving facsimile equipment is: .
(d) If any portion of a facsimile proposal received by the Contracting Officer is unreadable to the degree that conformance to the essential requirements of the solicitation cannot be ascertained from the document—
(1) The Contracting Officer immediately shall notify the offeror and permit the offeror to resubmit the proposal;
(2) The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the offeror; and
(3) The resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timeliness, provided the offeror complies with the time and format requirements for resubmission prescribed by the Contracting Officer.
(e) The Government reserves the right to make award solely on the facsimile proposal. However, if requested to do so by the Contracting Officer, the apparently successful offeror promptly shall submit the complete original signed proposal.
(End of Provision)
1.19 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)
1.20 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)
1.21 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 |
| 7.6 % |
| 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…
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