36C78619B0014-006.docx
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- Solicitation number
- 36C78619B0014
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1. SOLICITATION NUMBER
2. TYPE OF SOLICITATION
3. DATE ISSUED
PAGE OF PAGES
4. CONTRACT NUMBER
5. REQUISITION/PURCHASE REQUEST NUMBER
6.
PROJECT NUMBER
7. ISSUED BY
CODE
8. ADDRESS OFFER TO
a. NAME
b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE
DOCUMENTS (
Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES," indicate within how many calendar days after award in Item 12B.)
12b. CALENDAR DAYS
13. ADDITIONAL SOLICITATION REQUIREMENTS:
STANDARD FORM 1442 (REV.
8/2014)
STANDARD FORM 1442
Prescribed by GSA-FAR (48 CFR) 52.236-1(d)
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
SOLICITATION
SOLICITATION
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
9. FOR INFORMATION
CALL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SEALED BID (IFB)
NEGOTIATED (RFP)
11. The Contractor shall begin performance within ____________ calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See _____________________________).
YES
NO
a.
Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that t ime. 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 accepta nce after the date offers are due will not be considered and will be rejected.
36C78619B0014 X 07-10-2019 902-008 36C786 Department of Veterans Affairs National Cemetery Administration Contracting Services 18434 Joplin Rd Triangle VA 22172 Department of Veterans Affairs National Cemetery Administration Contracting Services 18434 Joplin Rd Triangle VA 22172 Auvorie Benson auvorie.benson@va.gov The Department of Veterans Affairs, National Cemetery Administration (NCA), anticipates awarding a Firm, Fixed Priced invitation for bid IAW FAR 14, for the expansion of burial capacity at the Roseburg Nat'l Cemetery located at 913 Garden Valley Blvd., Roseburg, OR 97470. The Contractor shall provide all labor, materials, equipment, and supervision required to construct Gravesite Expansion, to include constructing 1,336 columbarium niches and installing 1,476 in-ground cremains. See Scope of Work and drawing s for more details.
Per VAAR 836.204, Project Magnitude: Between 2,000,000.00 and 5,000,000.00
This acquisition is 100% set aside for Service-Disabled Veteran-Owned Small Businesses. Authority, 38 USC 8127(d).
The North American Industry Classification System (NAICS) code is 237990 Other Heavy and Civil Engineering Construction Small Business Size Standard $36.5 Million.
Site Visit will be held on July 31, 2019 at 10:00 AM PST. See 52.236-27 Site Visit for site visit information.
Questions shall be submitted to auvorie.benson@va.gov NLT Aug. 15, 2019 at 3:30 PM EST. Email must contain the following in the subject line: Solicitation Number, Project Name, Cemetery Name, Project Num ber. Telephone inquiries will not be accepted. Questions received after this date and time will not be accepted.
All bidders are instructed to include their DUNS and Tax Identification N umber (TIN) in Block 14 of this form along with legal business name and address. The bidder shall include all Federal, State and Local taxes in their bid, as per Federal Acquisition Regulation (FAR) Clause 52.229-3. The Government will not issue any tax exemption certificates.
The "Sealed" envelope enclosing your bid shall include the bidder's legal business/company name (as it is indicated in www.sam.gov), address, solicitation num ber located in Box 1 of this form, and information contained in Boxes 7 and 9a of this form. See Continuation Page for more details.
Prospective Offerors must also be registered i n Vendor Information Pages (VIP) at https://www.vip.VetBiz.gov, Vets 4212 https://www.dol.go System for Award Management (SAM) at https://www.sam.gov/SAM at the time of proposal submission AND at time of award.
BIDDERS DO NOT HAVE TO ATTEND BID OPENING. ALL BIDS MUST BE HANDED/MAILED TO CO/CS BY DUE DATE SPECIFIED IN BOX 13a.
X X 52.211-10 X
:00 PM EST
08-26-2019 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
AME
NDMENT
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 AUT
HORIZED
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 of fice.)
(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
36C786 Department of Veterans Affairs National Cemetery Administration Contracting Services Barrett Heights Road, Suite 309 Stafford VA 22556 http://www.tungsten-network.com/customer -campaigns/veterans-affairs/
1-877-752-0900
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 | |
| INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS | 5 | |
| BID SUBMISSION | 5 | |
| INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS | 10 | |
| STATEMENT OF WORK | 11 | |
| B. | PART II – RESPONSIBILITIES OF THE DESIGN-BUILD TEAM | 4 |
| 2.1 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 4 | |
| 2.2 52.216-1 TYPE OF CONTRACT (APR 1984) | 6 | |
| 2.3 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) | 6 | |
| 2.4 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999) | 6 | |
| 2.5 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014) | 7 | |
| 2.6 52.228-1 BID GUARANTEE (SEP 1996) | 8 | |
| 2.7 52.233-2 SERVICE OF PROTEST (SEP 2006) | 9 | |
| 2.8 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995) | 10 | |
| 2.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 10 | |
| 2.10 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018) | 11 | |
| 2.11 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018) | 11 | |
| REPRESENTATIONS AND CERTIFICATIONS | 12 | |
| 3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018) | 12 | |
| 3.2 52.209-13 VIOLATION OF ARMS CONTROLS TREATIES OR AGREEMENTS—CERTIFICATION (JUN 2018) | 15 | |
| GENERAL CONDITIONS | 18 | |
| 4.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ALTERNATE I (APR 1984) | 18 | |
| 4.2 52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (SEPT 2000) | 18 | |
| 4.3 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) | 18 | |
| 4.4 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014) | 20 | |
| 4.5 52.236-4 PHYSICAL DATA (APR 1984) | 23 | |
| 4.6 SUPPLEMENTAL INSURANCE REQUIREMENTS | 24 | |
| 4.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 24 | |
| 4.8 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION) | 27 | |
| 4.9 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018) | 28 | |
| 4.10 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 29 | |
| 4.11 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019) | 30 | |
| 4.12 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT ADMINISTRATION (APR 2019) | 31 | |
| 4.13 VAAR 852.246-75 WARRANTY OF CONSTRUCTION—GUARANTEE PERIOD SERVICES (OCT 2018) | 32 | |
| 4.14 VAAR 852.232-71 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (INCLUDING NAS–CPM) (NOV 2018) (ALTERNATE I) | 32 | |
| 4.15 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) | 36 |
36C78619B0014
INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS
Page 1 of
Page 1 of
BID SUBMISSION
Documents required for Bid: The bid shall be submitted to the Contracting Officer by the due date and time as stated on the SF 1442 at the Department of Veterans Affairs, National Cemetery Administration. The bid shall include a complete signed Standard Form 1442, ‘Solicitation, Offer and Award”, with the signature of a person authorized to bind the company. All amendments must be acknowledged, and the bid package must include an original and one copy of all required documents.
Transmittal envelopes or other packaging shall be clearly marked with the solicitation number, project name, project number, offeror’s company name and return address.
BID OPENING:
Bid opening will be held on August 26, 2019 at 1:00 PM at:
NCA-Contracting Service Office 18434 Joplin Rd Triangle, VA 22172
All bidders who attend will be required to sign in at the front desk. Bidders who attend will assemble in the Conference Room.
HAND DELIVERY
Bids can be hand delivered to the Contracting Officer, keeping in mind that the Contracting Officer is located at a building on the grounds of a National Cemetery that may have multiple ceremonies throughout the hours of operations. Therefore, any bidders who wish to attend the bid opening must provide enough time that will allow them to go through the funeral procession if one is in progress. The Contracting Officer will not be available to escort potential bidders 15 minutes prior to the bid opening as indicated in Box 13A of the Standard Form 1442 or via amendment should the bid opening be extended.
UPS - FED EX
UPS - FED EX - Airborne Express is considered viable methods of delivery with tracking number for verification of government receipt.
USPS- UNITED STATES POSTAL SERVICE (U.S. MAIL)
Please take note: The bid location is a Federal facility that has a mail scanning requirement. The scanning requirement is known to cause delays in mail delivery. It is paramount that bidders use good judgement in submitting offers in a timely and responsive manner. BIDS SUBMITTED BY UNITED STATES POSTAL SERVICE (USPS) MUST CONTAIN A TRACKING NUMBER.
BIDS SHALL BE ADDRESSED AND MAILED AS FOLLOWS:
Department of Veterans Affairs National Cemetery Administration (NCA) Contracting Service (Stafford, VA Office) Attn: Ms. Kellyann Bruno, Contracting Officer Mr. Auvorie Benson, Contracting Specialist 18434 Joplin Rd Triangle VA 22171
Submission of Bids via email WILL NOT BE ACCEPTED
CHECKLIST FOR BIDDER
To insure your offer is complete, please check the following:
1. Have you rechecked your estimate? Are all items and amounts included?
1. Are bid amounts for all items entered in proper spaces provided on SF-1442, Solicitation, offer and Award (Construction, Alteration, or Repair)?
1. Have you signed and dated accompanying documents that are to be submitted with the bid?
1. Have you acknowledged on SF-1442, receipt of all amendments (if any) issued for this solicitation?
1. Have you properly completed the System for Award Management (SAM) is the Official U.S. Government system that consolidated the capabilities of CCR/FedReg, ORCA, and EPLS https://www.sam.gov/portal/public/SAM/?
1. Does your bid guarantee conform to the requirements of FAR 52.228-1? Did you use the prescribed Standard Form 24 for submitting the Bid Bond?
1. Corporate Bonds: Does your surety appear on the list contained in the Department of Treasury Circular 570, “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies?” (FAR 28.202). Individual Sureties: Is your individual surety in compliance with FAR 28.203? http://fms.treas.gov/c570/c570.html
1. Have you carefully read every provision in Instructions to Bidders and Notices?
1. Have you carefully read the requirements concerning the Buy American Act?
1. Have you registered in Vets-100 website? http://vets100.vets.dol.gov/
1. Have you provided the Contracting Officer with your:
Cage Code?:
DUNS Number?:
Tax Identification Number?:
1. Have you completed the certification process as a Service Disable Veteran Owned Small Business (SDVOSB)? https://www.vip.vetbiz.gov/ (Bidders won’t be considered unless they are certified)
REQUESTS FOR INFORMATION
Requests for information or clarifications to solicitation documents shall be submitted by email to auvorie.benson@va.gov. Last day for request for information (RFI) is August 8 2019 at 3:30 PM/EST. Request after the deadline date and time will not be ACCEPTED.
JOINT VENTURES
If submitting an offer as a joint venture as defined by O.L. 109-461 AND Department of Veterans Affairs I.L. 049-06-4, http://www.vetbiz.gov/library/jtventure.pdf, an Offeror must provide a copy of the joint venture agreement specific to the project that is consistent with the percentage of required work and net proceed. Additionally, the Offeror must provide a breakdown or labor of which is to be performed by the SDVOSB firm and that which is performed by the small business joint venture firm and that which is sub-contracted.
SUBCONTRACTORS
The contractor shall deliver to the contracting officer a completed SF 1413, STATEMENT OF ACKNOWLEDGEMENT, for all subcontractors working on this project. The form shall include the subcontractor’s acknowledgment that the contract clauses required are included in the subcontractor’s subcontract. Nothing contained in this contract shall create any contractual relation between the subcontractor and the Government.
PAYROLLS
1. It is recommended that the contractor submit payroll information utilizing the Department of Labor Form WH 347 (or an equivalent form that provides the same data and identical representation).
1. The prime contractor shall submit both its and its subcontractors’ weekly payrolls within seven (7) calendar days after the regular payment date of the payroll week covered. When no work has been accomplished during the week, by either the prime or a subcontractor who has started work, the contractor shall certify a "Statement of Non-Performance" for itself and/or its subcontractors.
1. Subcontractor payrolls must be provided under transmittal cover letter from the prime contractor to show their review and approval.
1. The contractor shall request conformance of any class of laborers or mechanics not listed in the attached wage determination but who are to be employed under the contract on Standard Form (SF) 1444, "Request for Authorization of Additional Classification and Rate." It is recommended that the contractor submit any questions regarding pay rates prior to the bid opening to assist in pricing this job.
1. A copy of the applicable Apprenticeship or Training Agreement must accompany the payroll when a worker is listed as an apprentice or trainee. Such agreement must be approved by the appropriate agency and shall identify the allowable ratio of apprentices/trainees to journeymen, the applicable rate of pay allowed, and the employee's level of progress expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination.
1. The last payroll of the prime and each subcontractor shall be clearly marked "FINAL" when submitted.
CONTRACTING ADMINISTRATION
(a) The resultant contract will be administered by the Department of Veteran Affairs, National Cemetery Administration. The address, telephone number, e-mail address, and fax number of the Contracting Officer is as follows:
Department of Veterans Affairs National Cemetery Administration (NCA) Contracting Service (Stafford, VA Office) Attn: Ms. Kellyann Bruno, Contracting Officer Mr. Auvorie Benson, Contracting Specialist 18434 Joplin Rd Triangle VA 22171 auvorie.benson@va.gov
(b) The Contracting Officer (CO) is the only person authorized to approve changes or modify any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the CO. In the event the contractor effects any such change at the direction of any person other than the CO, the change will be considered made without authority and no adjustment will be made in the contract price to cover increase in costs incurred as a result thereof.
(c) Contractual problems, of any nature, which might occur during the life of the contract, must be handled in conformance with very specific public laws and regulations (e.g., Federal Acquisition Regulation), and must be referred to the CO for resolution. Only the CO is authorized to formally resolve such problems. Therefore, the contractor is hereby directed to bring all such contractual problems to the immediate attention of the CO.
(d) Any request for contract changes/modifications shall be submitted to the CO.
INVOICES
Please follow the instructions at the following link to enroll for electronic invoice submission: http://www.tungsten-network.com/us/en/veterans-affairs/.
Vendor e-Invoice Set-Up Information: There is not a charge for invoice processing. If you have questions about the e-invoicing program or Tungsten, please contact the Finance Service Center (FSC) at the phone number or email address listed below:
· Tungsten e-Invoice Setup Information: 1-877-489-6135
· Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com
· FSC e-Invoice Contact Information: 1-877-353-9791
· FSC e-invoice email: vafsccshd@va.gov
FINAL PAYMENT
Final payment will be made only after receipt of all contractor’s payrolls, including subcontractor payrolls, SF 141, material submittals, test reports, as-built drawings, and Release of Claims.
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS
STATEMENT OF WORK
36C78619B0014 Page 1 of Page 1 of Invitation For Bid
SCOPE OF WORK
FOR
GRAVESITE EXPANSION
ROSEBURG National Cemetery Project No. 902-008
A. PART I – PROJECT OBJECTIVES
A1. Statement of Work
1. Contractor shall furnish labor and materials and perform work to construct Gravesite Expansion, to include constructing 1,336 columbarium niches and installing 1,476 in-ground cremains. Project also includes replacing columbarium caps on existing columbarium and installing irrigation.
2. Work includes but is not limited to removal of existing structures, alterations, excavation and regrading, walks & pavers, grading, temporary signage, curb & gutter, drainage, utility systems as shown on the drawings.
3. A complete set of the contract documents (drawings and specifications) are being provided as reference documents for the work described above.
A.2 General Conditions
1. All work will be accomplished during normal business hours (8:00 am to 4:30 pm) Monday through Friday, except Federal Holidays.
2. Before beginning any demolition work, the Contractor shall survey the site and examine the drawings and review the scope of work to determine the extent of the work. The Contractor shall take the necessary precautions to avoid damages to existing items to remain in place, to be reused or to remain the property of the Cemetery. Any damaged items shall be repaired or replaced at the Contractors expense as directed by the COR.
3. Establish construction limits, install safety controls, and install construction fencing as approved by the COR.
4. SITE SURVEY: Locate and stake/flag all underground utilities.
5. SITE CLEARING: Remove grass and other vegetation or obstructions as required to permit grading of the site within the project limits. Dispose/ haul away and dump trash, debris and waste to an approved disposal site.
6. EROSION CONTROL AND SITE DRAINAGE: Contractor shall provide erosion control measures to prevent erosion or displacement of soils and discharge of soil bearing water runoff or airborne dust.
7. SITE GRADING AND FINISHING: Perform grading within the limits of the project to the lines, grades, and elevations indicated and as specified. Thoroughly clean up the work area at the end of each day’s work and at completion of the project. Leave premises clean and free of waste, scrap, used equipment or other material intentionally or incidentally delivered to the site by Contractor or Contractor’s personnel.
8. LANDSCAPING: Provide turf grass sod. The Contractor shall protect from damage all existing improvements, equipment, structures, facilities, grounds and utilities at or near the work site or adjacent property. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work.
9. Upon completion of contract, deliver work complete and undamaged. Existing materials, equipment, structures, facilities, grounds and disturbed or removed as a result of performing required new work, shall be patched, repaired, reinstalled, or replaced with new work, and refinished and left in good condition as existed before commencing work.
10. Remove, cut, alter, replace, patch and repair existing work as necessary to install new work. Existing work to be altered or extended and that is found to be defective in any way, shall be reported to the Contracting officer and the COR before it is disturbed. Materials and workmanship used in restoring work shall conform in type and quality to that of original existing construction, except as otherwise shown or specified.
11. Thoroughly clean up the work area at the end of each day’s work and at the completion of the project. Leave premises clean and free of waste, scraps, used equipment or other material intentionally or accidentally delivered to the site by the Contractor or Contractor’s personnel.
12. The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs and grass) on or adjacent to the work site not to be removed and do not reasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract performance, or by careless operation of equipment, or by workmen, the Contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by the Contracting Officer.
13. The Contractor shall protect from damage all existing improvements and utilities at or near the work site and on adjacent property of a third party, the locations of which are made known to or should be made known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.
14. The Contractor shall coordinate with the Cemetery Director for parking, material storage, temporary portable restroom facilities and any other needs for the work. Public access to the National Cemetery shall not be impaired.
15. Coordination of Construction with the Cemetery Director: The burial activities at a National Cemetery shall take precedence over construction activities. The Contractor must cooperate and coordinate with the Cemetery Director, through the COR, in arranging construction and the construction schedule to cause the least possible interference with Cemetery activities in actual burial areas. Construction noise during the committal services shall not disturb the service. Trucks and workmen shall not pass through the service area during this period.
A3. Other Requirements:
1. Contractor shall secure all necessary permits including any environmental permit required to meet compliance.
2. Contractor shall coordinate with cemetery staff for all construction work to avoid or minimize any interruption of cemetery functions.
3. Contractor shall investigate all on-site conditions including all utilities prior to construction.
4. Contractor shall grade the site to maintain proper site drainage.
5. Contractor shall provide daily progress summary and electronic photos to show construction progress through e-mail to the COR.
6. Contractor shall provide a certificate of warranty for material supplied and workmanship for a minimum of one year from the date of acceptance.
7. Contractor shall provide two copies of Operation and Maintenance Manuals, if required, at the final inspection.
8. Contractor shall perform daily clean up and final clean up.
9. Contractor shall dispose of all waste materials properly off site.
10. Seal concrete.
11. Protect existing roads and undisturbed infrastructures and environments.
12. Repair and restore all damages to be as good as the original conditions or better due to construction activities.
13. Prior to submitting any bid, a site meeting will be held and participants would include but not limited to the contractor, contracting officer and/or COR, District Engineer, and the Cemetery Director. The purpose of the meeting would be to visit site locations, clarification of scope, and to thoroughly investigate the site to ensure a clear understanding of the project.
A4. Schedule
1. The anticipated completion of this project is 240 calendar days after receipt of Notice to Proceed.
A5. Definitions
1. Construction contract as defined by the Department of Veterans Affairs (VA) is the procurement by the Government, under one contract, with one firm or joint venture (JV) for construction services for a specific project.
2. Contracting Officer: The services to be performed under this contract are subject to the general supervision, direction, control and approval of the Contracting Officer. The Contracting Officer is the only person authorized to obligate the government, interpret or change the contract.
3. Project Manager / Contracting Officer’s Representative (COR): The COR is the Contracting Officer's authorized representative. The COR is responsible for protecting the Government's interest in the execution of the construction contract work. His duties include surveillance of all construction work to assure compliance with the contract documents, approval of all submittals, samples, shop drawings, etc.
4. Contract: This term, as used herein, refers to the Contract(s) to perform the construction of the project.
5. Contractor: This term, as used herein, refers to the contractor under this contract.
A6. Location
1. Roseburg National Cemetery, OR
B. PART II – RESPONSIBILITIES OF THE DESIGN-BUILD TEAM
1. The section is not applicable for this IFB.
| C. | PART III - PROPOSAL REQUIREMENTS |
| 1. | The section is not applicable for this IFB. |
D. PART IV - POST AWARD REQUIREMENTS
1. Construction Period Submittals
· Shop drawings and submittals - The Contractor shall be responsible to ensure that the VA COR reviews shop drawings, detail drawings, schedules, descriptive literature and samples, and review the color, texture and suitability of materials for conformity with the contract documents. The COR shall recommend approval, disapproval, or other suitable disposition. The VA COR will have final approval authority.
· Other submittals – The Contractor shall submit test results, certificates, manufacturer’s instructions, manufacturer’s field reports, etc. as required by the VA IFB specifications, to the VA COR.
· Project record drawings - The Contractor will maintain a set of construction documents (field as-built drawings) to record actual construction changes during the construction process as required by the IFB specifications. The project record drawings will be available for review by the VA COR at all times.
2. Project Close-Out. The Contractor shall comply with the requirements in the “General Conditions”, and “General Requirements”, for submission of final IFB as-built drawings, manuals, and other documents as noted. Required as-built drawings and specifications will be submitted in the same format required for the construction documents.
3. Site Visits and Inspections. At the behest of the Contractor, the VA COR/inspector shall observe the construction, advise the contractor of any deviations or deficiencies or solutions to issues discussed.
4. Historical preservation notifications. the cemetery is listed in the national register of historic places (nrhp). The proposed scope of work for this project is subject to compliance with section 106 of the national historic preservation act (p.l. 89-665, as amended) and reviewed by the national cemetery administration (nca) historic architect (ha), who consulted with the state historic preservation office prior to work commencing. Proposed work, methods and treatments should meet the secretary of the interior’s standards for the treatment of historic properties. The contractor shall not be responsible for submissions to state agencies.
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2.1 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
(a) Definitions. As used in this provision— "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
"Federal contracts and grants with total value greater than $10,000,000" means—
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in—
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).
(End of Provision)
2.2 52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a Firm-Fixed-Price contract resulting from this IFB.
(End of Provision)
2.3 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.
(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.
(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.
(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.
(End of Provision)
2.4 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)
(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.
(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:
| Goals for minority participation for each trade |
| Goals for female participation for each trade |
| 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 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 Roseburg, OR
(End of Provision)
2.5 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)
(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American—Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).
(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.
(c) Evaluation of offers.
(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.
(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.
(d) Alternate offers.
(1) When an offer includes foreign solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.
(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.
(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—
(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or
(ii) May be accepted if revised during negotiations.
(End of Provision)
2.6 52.228-1 BID GUARANTEE (SEP 1996)
(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.
(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—
(1) To unsuccessful bidders as soon as practicable after the opening of bids; and
(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.
(c) The amount of the bid guarantee shall be 20 percent of the bid price or 3,000,000, whichever is less.
(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.
(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.
(End of Provision)
2.7 52.233-2 SERVICE OF PROTEST (SEP 2006)
Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:
Kellyann Bruno Auvorie Benson Hand-Carried Address:
Department of Veterans Affairs NCA Contracting Service 18434 Joplin Rd Triangle VA 22171 Mailing Address:
Same as Hand-Carried Address
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
2.8 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.
(b) An organized site visit has been scheduled for— July 31, 2019 at 10:00 AM PST
(c) Participants will meet at— Roseburg Nat'l Cemetery in Roseburg, OR (End of Provision)
2.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/
(End of Provision)
| FAR Number |
| Title |
| Date |
| 52.204-7 |
| SYSTEM FOR AWARD MANAGEMENT |
| OCT 2018 |
| 52.204-16 |
| COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING |
| JUL 2016 |
| 52.204-22 |
| ALTERNATIVE LINE ITEM PROPOSAL |
| JAN 2017 |
| 52.214-3 |
| AMENDMENTS TO INVITATIONS FOR BIDS |
| DEC 2016 |
| 52.214-4 |
| FALSE STATEMENTS IN BIDS |
| APR 1984 |
| 52.214-5 |
| SUBMISSION OF BIDS |
| DEC 2016 |
| 52.214-6 |
| EXPLANATION TO PROSPECTIVE BIDDERS |
| APR 1984 |
| 52.214-7 |
| LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS |
| NOV 1999 |
| 52.214-18 |
| PREPARATION OF BIDS—CONSTRUCTION |
| APR 1984 |
| 52.214-19 |
| CONTRACT AWARD—SEALED BIDDING—CONSTRUCTION |
| AUG 1996 |
| 52.214-34 |
| SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE |
| APR 1991 |
| 52.214-35 |
| SUBMISSION OF OFFERS IN U.S. CURRENCY |
| APR 1991 |
2.10 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)
(a) Any protest filed by an interested party shall—
(1) Include the name, address, fax number, email and telephone number of the protester;
(2) Identify the solicitation and/or contract number;
(3) Include an original signed by the protester or the protester’s representative and at least one copy;
(4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents;
(5) Specifically request a ruling of the individual upon whom the protest is served;
(6) State the form of relief requested; and
(7) Provide all information establishing the timeliness of the protest.
(b) Failure to comply with the above may result in dismissal of the protest without further consideration.
(c) Bidders/offerors and Contracting Officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.
(End of Provision)
2.11 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)
(a) As an alternative to filing a protest with the Contracting Officer, an interested party may file a protest by mail or electronically with: Executive Director, Office of Acquisition and Logistics, Risk Management and Compliance Service (003A2C), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420 or Email: EDProtests@va.gov.
(b) The protest will not be considered if the interested party has a protest on the same or similar issue(s) pending with the Contracting Officer.
(End of Provision)
REPRESENTATIONS AND CERTIFICATIONS
3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.
(2) The small business size standard is $27.5 Million.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204–7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
[ ] (i) Paragraph (d) applies.
[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.
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