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Construct Lab Addition Minor Construction Sioux Falls VAMC Federal contract opportunity
Solicitation number
36E77619R0025
Issued by
Department of Veterans Affairs Technology Acquisition Center Austin

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This document provides details for a federal contract opportunity to construct a new laboratory addition at the Sioux Falls VA Medical Center. The Department of Veterans Affairs intends to issue a Request for Proposal for the design-build construction project, with an anticipated solicitation date of April 23, 2019. The project involves building a new lab located on the roof of an existing building addition. The construction is valued between $10-20 million and has a period of performance of approximately 450 calendar days from notice to proceed. The solicitation will be set aside for Service-Disabled Veteran-Owned Small Businesses. All questions must be submitted in writing by the specified date.

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36E77619R0025

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.

36E77619R0025 X 04-23-2019 438-440

PCAC

Jason L. Schultz Department of Veterans Affairs Program Contracting Activity Central 6150 Oak Tree Blvd, Suite 300 Independence

OH

44131 Jason L. Schultz Department of Veterans Affairs Program Contracting Activity Central 6150 Oak Tree Blvd, Suite 300 Independence

OH

44131 Jason L. Schultz (216)447-8300 49521 In accordance with 38 U.S.C. § 8127 (Public Law 109-461), this project is a competitive Service-Disabled Veteran-Owned Small Business (SDVOSB) Set-Aside

The contractor is to provide a proposal on all materials, labor, testing, disposal, and means and methods in order to provide the VA with a complete and operational facility described within the attachments provided.

The project title is: Construct New Lab Addition (Minor)

The project is located at the:

Sioux Falls VA Medical Center 2501 W 22nd St.

Sioux Falls, SD 57105

VAAR Magnitude of Construction: $10,000,000 and $20,000,000.

X X 52.211-10 X

10 (TEN)

0 (ZERO)

2:00 PM ET

06-20-2019 X

90 (NINETY)

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

SEE PRICE SCHEDULE

PCAC

Department of Veterans Affairs Program Contracting Activity Central 6150 Oak Tree Blvd, Suite 300 Independence

OH

44131

VAFSC

Department of Veterans Affairs Financial Services Center Invoices to be Submitted Electronically www.ob10.com/us/en/veterans-affairs/ e-Invoice Setup Info Phone 877-489-6135

877-353-9791 512-460-5429 Donald A. Marsh III

PCAC15L3-1697

Table of Contents

PART I - THE SCHEDULE1
SECTION A - SOLICITATION/CONTRACT FORM1
A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)1
A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION, ALTERATION, OR REPAIR)– BACK2
PRICE SCHEDULE5
INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS7
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS8
2.9 DETERMINATION OF RESPONSIBILITY:16
2.11 SYSTEM FOR AWARD MANAGEMENT (SAM):16
2.14 REFERENCES TO VA ENGINEER, RESIDENT ENGINEER OR PROJECT MANAGER:17
2.15 52.216-1 TYPE OF CONTRACT (APR 1984)17
2.16 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014)18
2.17 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)18
2.18 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014)19
2.19 52.228-1 BID GUARANTEE (SEP 1996)20
2.20 52.233-2 SERVICE OF PROTEST (SEP 2006)21
2.21 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)21
2.22 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)21
2.23 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)22
2.24 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)23
2.25 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)23
REPRESENTATIONS AND CERTIFICATIONS24
3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)24
3.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)27
3.3 52.209-13 VIOLATION OF ARMS CONTROLS TREATIES OR AGREEMENTS—CERTIFICATION (JUN 2018)28
GENERAL CONDITIONS31
4.1 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)31
4.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)32
4.3 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)32
4.4 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED ITEMS (MAY 2008)34
4.5 52.223-20 AEROSOLS (JUN 2016)34
4.6 52.223-21 FOAMS (JUN 2016)35
4.7 52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (OCT 2016)35
4.8 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)40
4.9 SUPPLEMENTAL INSURANCE REQUIREMENTS40
4.10 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)41
4.11 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)43
4.12 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)44
4.13 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)45
4.14 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)45
4.15 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)45
4.16 VAAR 852.232-70 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS– CPM) (NOV 2018)46
4.17 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)48
4.18 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019)50
4.19 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019)51
4.20 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019)51
4.21 VAAR 852.236-88 CONTRACT CHANGES--SUPPLEMENT (JUL 2002)51
4.22 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT ADMINISTRATION (APR 2019)53
4.23 MANDATORY WRITTEN DISCLOSURES54

PRICE SCHEDULE

CLIN 0001, ITEM I: GENERAL CONSTRUCTION: Work includes general construction, alterations, structural, mechanical and electrical work, utility systems, necessary removal of portions of existing structures and construction and certain other items, as described in the specifications and drawings attached to the solicitation and incorporated herein by reference, known as CLIN 0001 (ITEM I).

CLIN 0001: $__________________________________

DEDUCTS: An amount proposed by Bidders and stated on the Bid Form for certain Work defined in the bidding requirements that may be deducted from the base bid amount if Owner decides to accept a corresponding change either in the amount of the construction to be completed or in the products, materials, equipment, systems, or installation methods described in the Contract Documents.

Deducts described in this Paragraph are part of the Work only if enumerated in the Agreement. The cost for each Deduct is the net addition to or deduction from the Contract Sum to incorporate Deducts into the Work. No other adjustments are made to the Contract Sum. Provide amount of price adjustment to ITEM I for each Deduct.

CLIN 0002, DEDUCT 1: PNEUMATIC TUBE SYSTEM: Base Bid shall include the cost to provide (furnish and install) the Pneumatic Tube System as specified and shown on the drawings. Deduct 1 shall omit the Pneumatic Tube System entirely. The CLIN 0002 value below shall be the cost of the project listed in CLIN 0001 (ITEM I) minus the value of Deduct 1. The Deduct 1 cost shall be the lump sum amount of Deduct 1 only. This should only include the amount being deducted from CLIN 0001 and not the new total amount.

CLIN 0002: $__________________________________

Deduct 1: $_________________________________ CLIN 0003, DEDUCT 2: STEAM PIPING: Base Bid shall include the cost to provide (furnish and install) the steam piping as specified and shown on the drawings. Deduct 2 shall omit the portions of the steam piping and related work as identified on the drawings. The CLIN 0003 value below shall be the cost of the project listed in CLIN 0001 (General Construction) minus the value of Deduct 1 and Deduct 2. The Deduct 2 cost shall be the lump sum amount of Deduct 2 only. This should only include the amount being deducted from CLIN 0001 and not the new total amount.

CLIN 0003: $__________________________________

Deduct 2: $_________________________________ CLIN 0004, DEDUCT 3: CURTAINWALL SYSTEM: Base Bid shall include the curtainwall system on the north and portions of the west elevations of the building addition as specified and shown on the drawings. Deduct 3 shall omit the curtainwall system on the north and portions of the west elevations of the building addition. Provide brick veneer on insulated metal stud framing as specified and as shown as “Alternate” on the drawings. The CLIN 0004 value below shall be the cost of the project listed in CLIN 0001 (General Construction) minus the value of Deduct 1, Deduct 2 and Deduct 3. The Deduct 3 cost shall be the lump sum amount of Deduct 3 only. This should only include the amount being deducted from CLIN 0001 and not the new total amount.

CLIN 0004: $__________________________________

Deduct 3: $_________________________________

NOTICE

1. The Department of Veterans Affairs intends to award a single contract to the Offeror whose proposal is in conformance with this solicitation and is determined to be the best value in accordance with the evaluation criteria.

2. CLIN 0001, Item I (General Construction) contains all of the work for the project. Each Deduct removes a portion of the work.

3. Offerors must provide a price for each of the CLIN items.

4. The intent is to award CLIN 0001, Item I (General Construction). However, if the proposal price exceeds the funds available for CLIN 0001, Item I; CLIN 0002 Deduct 1, will be applied. If the price still exceeds the available funding, then the next Deduct will be applied. This process will be repeated until the price is within the available funding, or all of the Deducts have been applied.

5. If all Deducts have been applied and no Offerors are within the available funding limitation, the VA reserves the right to enter into discussions with those Offerors who are determined to be within the competitive range, if a competitive range is determined in the interest of the VA, otherwise discussions will be with all Offerors.

6. If following the initial Non-Price and Price evaluations and/or receipt of Final Proposal Revisions resulting from discussion, an offeror’s total evaluated price still exceeds the VA's funding limitation, the VA will no longer consider the offeror to be eligible for award.

7. Please note that all references to Resident Engineer or RE in the Drawings and Specifications shall be replaced with Contracting Officer’s Representative or COR.

8. Any references in the Drawings or Specifications to “Bid Alternate” shall be considered the same as Deducts as listed in the Price Schedule.

Page 1 of Page 1 of

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

1.1 PROPOSAL MATERIAL:

Proposal materials consisting of drawings, specifications, and contract forms are included and/or attached as part of this Request For Proposal. The VA will not provide printed copies of drawings or specifications. 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.

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.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 AVAILABILITY OF SOLICITATION DOCUMENTS:

All solicitation related documents will be published to http://www.fedbizopps.gov.

2.2 REQUEST FOR PROPOSAL (BASIS OF AWARD):

This is a Request For Proposal (RFP) in accordance with FAR Part 15. In accordance with FAR Part 15, the Government intends to award a contract resulting from this solicitation to the responsible Offeror whose proposal represents the best value after evaluation in accordance with the factors in the solicitation. Responsibility determination will be made in accordance with FAR 9.1 “Responsible Prospective Contractors.”

All proposals shall be subject to evaluation by a team of Government personnel. The Government reserves the right to award without discussions based upon the initial evaluation of the proposals. The proposals will be evaluated in accordance with the content provided in the solicitation. Using the tradeoff process under best value, it may be in the Government’s best interest to consider award to other than the lowest price Offeror or other than highest Non-Price rated Offeror. The intent is to award to the offeror that offers the best value to the government, all Non-Price evaluation factors when combined are approximately equal to price. The evaluation factors are listed in descending order of importance.

Evaluations will be based on the following evaluation factors:

1. Project Challenges/ Phasing (Non-Price)

2. Technical Approach (Non-Price)

3. Project Schedule (Non-Price)

4. Past Performance (Non-Price)

2.3 SDVOSB SET-ASIDE:

This procurement is100% 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 VA’s Center for Veterans Enterprises (CVE) (http://www.vetbiz.gov). Offerors must be verified by CVE and visible in the Vendor Information Portal (VIP) database at TIME OF SUBMISSION OF OFFERS AND ALSO TIME OF AWARD. Failure to be BOTH visible and verified at the time of proposal submission will result in the offeror’s proposal being deemed unacceptable and ineligible for award.

2.4 TECHNICAL QUESTIONS:

Questions of a technical nature must be provided in writing and shall be submitted by the prospective offerors to Jason Schultz. Questions shall be submitted only via e-mail to: Jason.Schultz@va.gov. The subject line must read: Construct Laboratory Addition project at the Sioux Falls VA Medical Center (VAMC)– Technical Questions. Phone calls will not be accepted. THE CUT-OFF DATE AND TIME FOR RECEIPT OF QUESTIONS IS JUNE 6, 2019 AT 2:00 PM ET.

2.5 AMENDMENTS:

Amendments to this solicitation will be posted at http://www.fedbizopps.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.

2.6 PREPARATION OF PROPOSALS:

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

2.7 PROPOSAL REQUIREMENTS:

A. General:

a. Proposals shall be based on solicitation document issued for RFP number 36E77619R0025. Proposals will be in the format stipulated in this document.

b. 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.

c. Submit proposals via email to:

1. Jason.Schultz@va.gov
2. Emails are limited to five (5) MB.

d. Submit the original of the Bid Guarantee by mail to:

1. US Postal Service Deliveries:

Jason Schultz Veterans Health Administration Program Contracting Activity Central (VHA-PCAC) 6150 Oaktree Blvd., Suite 300 Independence, OH 44131

2. Commercial Delivery Services / Hand Carry (Monday- Friday, 8:00 AM to 4:30 PM (EDT)) Jason Schultz Veterans Health Administration Program Contracting Activity Central (VHA-PCAC) 6150 Oaktree Blvd., Suite 300 Independence, OH 44131

3. Failure to furnish the required bid guarantee in the proper form and amount, by the time specified in Block 13 of SF 1442, may result in rejection of the proposal. SEE FAR Provision 52.228-1, Bid Guarantee, of this Solicitation.

e. 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 Non-Price, Volume II Price and Volume III Administrative. In order that the Volume I Non-Price may be evaluated strictly on the merit of the material submitted, the contractor shall include NO price information in Volume I. Offeror shall separate Volumes I, II and III. Each volume must be labeled with the Offeror's organization, business address, and VA Solicitation Number. The volumes shall be submitted in electronic format as searchable PDF documents. The proposal, in its entirety, shall not exceed three (3) emails (one email for each volume) of 5MB each. Include page numbers and the company name in the header or footer of each page.

f. Volume I Non-Price: Offerors shall format the Volume I Technical proposal as listed below. The specific evaluation criteria and methodology for Volume I is contained in Sections D and F.

1. The offer, including title page, detailed table of contents, preface, for Volume I Technical shall not exceed a total of THIRTY-FIVE (35) pages in Microsoft Arial size 12 font. This page limit includes the Past Performance Questionnaires that are submitted directly to the Contracting Officer. Use graphic presentations where such use will contribute to the compactness and clarity of the proposal.

2. A page is defined as each face of an 8.5 X 11-inch sheet of paper containing information. Note, submission of the draft project schedule only, can be submitted by utilizing larger paper (11 X 17 inch). All information (except for document numbers, page numbers, etc.) shall be provided in an image area of 7 X 9 inches. Note, this does not apply for the submission of the draft project schedule. The background color of each page of the submission shall be white or ivory stock only. Excess pages will not be evaluated. Text lines will be single-spaced. A smaller font size for any graphics presented in a proposal is permitted as long as the information is legible to the human eye. Fonts other than Arial are permissible in the presentation of graphic material only.

3. The Offeror’s responses shall clearly address each evaluation factor listed in this solicitation. Failure to submit in the format required and clearly address those factors may result in this offer being rated unacceptable.

g. Volume II Price: Offerors shall format the Volume II Price proposal as listed below. The specific evaluation criteria and methodology for Volume II is contained in Sections E and

1. Volume II Price shall not exceed a total of TEN (10) pages in Arial size 12 font.

h. Volume III Administrative Information: Offerors shall include the following in Volume III. All of the below information must be provided. An Offeror may be considered unacceptable if these items are not provided in the proposal. *There is NO page limitation for Volume III.

1. Offerors shall ensure the Signed Standard Form (SF) 1442 is provided. The Offeror’s signature on the SF 1442 must be a hand signature and not an electronic signature.

2. Offerors shall acknowledge receiving amendments by filling out section 19 of the SF 1442 and returning a signed copy of the amendment(s) that are acknowledged in section 19 of the SF 1442.

3. Offeror shall provide their Representations and Certifications or their response to FAR 52.204-8 (2) (i) or (ii) Annual Representations and Certifications.

4. Offeror shall provide their response to FAR 52.209-7 (b) Information Regarding Responsibility Matters.

5. Offeror shall provide their response to FAR 52.209-13 (b) (1) or (2) Violation of Arms Controls Treaties or Agreements.

6. Offeror shall provide their response to FAR 52.219-28 (g) Post-Award Small Business Program Representations.

7. Offeror shall include the Safety or Environmental Violations and Experience Modification Rating Information, including filling out ATTACHMENT 7.

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. Failure to provide the ATTACHMENT 7 containing the above information, may result in a determination that an Offeror is not responsible and therefore ineligible for award.

B. Final Proposal Revisions

a. If determined to be necessary, proposal revisions will be requested from the proposals received. The CO will identify those Offerors, whose proposals are within the competitive range, considering the selection criteria identified in this section. Discussions may be conducted with those Offerors falling within the competitive range, after which proposal revisions will be requested. Sealed proposal revisions will be submitted as per Section 2.8(A), above, except as noted below and will be due at a time and place to be determined.

b. Offerors submitting proposal revisions will not be requested to re-submit any documents which are unchanged from their initial proposals. They should provide necessary changes to individual paragraphs, as briefly as possible, together with a table of contents, which clarifies 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.

*Note this section 2.8(C) only applies if discussions are conducted.

C. Non-Price Proposal Requirements (Volume I) The proposal shall address the following Non-Price evaluation factors.

1. Volume I, Factor 1, Project Challenges/Phasing (Non-Price):

Offerors must clearly demonstrate their understanding of the unique challenges that are involved with this project and how to properly phase the project to support each challenge. Simply restating the requirements (copying and pasting from the solicitation) is not considered to be a demonstration of complete understanding of the challenges and phasing requirements. Rather, Offerors must show that they have analyzed the requirements and demonstrate the extent to which they understand the requirements across the body of the proposal. Demonstration of understanding this project’s unique challenges should provide specific examples and a plan on how each challenge will be dealt with. Such challenges include, at a minimum, but are not limited to the following:

· Material handling, both on the roof and placing material from the ground onto the roof. The need for a way to lift material over occupied spaces, from ground level to where the new lab is being placed. Whether that method is a tower crane, large crane with extension boom, some kind of roof material handling units. The distance in which the new structural beams need to be placed is substantially further than any normal new build project.

· Proximity of work to original structures (without damaging), specifically the original front entrance and all the original architecture. Installation of the new south wall, in such close proximity (~12 inches) to the original 1947 structure. It is critical to the project that there is no damage to the existing exterior architecture. This is something, that cannot simply be “replaced if damaged”.

· Demolition and work on skylights, which are currently placed centrally to the hospital, and directly above the most heavily trafficked area in the hospital.

· Work involved on columns on ground floor, The beams on ground floor that require reinforcement are directly in the middle of the largest waiting area for patients, and also inside two providers offices.

Volume I, Factor 2, Technical Approach (Non-Price):

The offeror shall provide a detailed technical approach (a detailed thought process) to accomplishing the construction of the lab addition. The narrative will detail how the contractor intends to prepare the site, construct the lab addition, and complete the project within the specified time limits. Such details shall include, at a minimum, but are not limited to the following:

· The contractor explaining how the project is to be managed and safety methods used.

· Alternate routes of action in the event items become non-conforming, whether it be material or time.

· Why this construction approach is chosen

· How the project will be tracked and kept on schedule

· How this construction approach will end in a satisfactory project Volume I, Factor 3, Schedule (Non-Price):

Prepare and submit a practicable construction schedule showing all necessary work elements to complete the project identified under this solicitation. The schedule must be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the performance period. The submitted schedule must be developed using project scheduling software such as MS Project, Primavera, or any other comparable form.

Each Offeror's construction schedule must address the following:

· Order of work elements to include project phasing; Submittals, Mobilization, Demolition, Construction, Punch List, De-Mobilization.

· Number of days for each work element

· Identification of long lead time materials

· Identification of separate work elements

· The VA’s review and approval or RFI’s, Submittals and other pertinent documents.

· Interruption of VA Facilities utilities, delivery of Government furnished equipment, rough-in drawings, project phasing and any other specification requirements.

The proposed schedule must include the activities which are consistent with those described within the project specifications and drawings and must not exceed the Government's maximum allowable performance period, as noted in Block 11 of the SF 1442. The project will start at the issuance of the Notice to Proceed. For scheduling purposes, assume the Notice to Proceed will be issued thirty (30) calendar days after the award date. (Note that there is no guarantee the Notice to Proceed will be issued within this timeframe.)

*The schedule submitted with the offer should not be construed as the agreed upon schedule per FAR 52.236-15, the contractor shall, within five (5) days after receiving the Notice to Proceed, submit a revised schedule which will supersede the proposed schedule. The revised schedule will be subject to VA approval and must show the project being accomplished within the timeframe specified on the SF 1442 Volume I, Factor 4, Past Performance (Non-Price):

Each proposal shall provide current and relevant information regarding an Offeror’s actions under previously awarded contracts. This shall include a minimum of one (1) and a maximum of three (3) construction projects for the Offeror that best demonstrate their past performance on relevant projects in size, scope and complexity to the RFP. For purposes of this evaluation, a relevant project is further defined as “a new construction of a multi-floor building in an active campus or related environment, similar in size and scope to this project.” Projects shall have a minimum value of $3,000,000.00 and be 100% completed. Projects submitted for the Offeror shall be completed within the past five years of the date of issuance of this RFP.

If a completed past performance evaluation is available in PPIRS, it shall be submitted with the proposal for each project identified. If there is not a completed past performance evaluation available in PPIRS, then the Offeror shall submit Past Performance Questionnaires (PPQ)(reference ATTACHMENT 6) for each project. The Offeror shall notify their client that they PPQ shall be submitted via email to the Government’s point of contact jason.schultz@va.gov. If the Offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the Offeror shall complete and submit with the proposal the first page of the PPQ, which will provide contract and client information for the respective project(s). The Government may make reasonable attempts to contact the client noted for that project(s) to obtain the PPQ information. However, Offerors should follow-up with clients/references to help ensure timely submittal of questionnaires. The Government reserves the right to contact references for verification or additional information.

D. Price Proposal Requirements (Volume II)

a. Carefully follow “Instructions, Conditions, and Notices to Offerors”. Standard form (SF) 1442 Solicitation, Offer and Award (Construction, Alteration, or Repair) and the pricing schedule located on PAGE 6 when submitting price offers. Submit a bid guarantee as stipulated in the solicitation.

b. In addition to the pricing schedule, Offerors shall submit a complete breakdown of the Division Pricing for CLIN 0001. The breakdown shall be in the same order as the Divisions that are listed in the specifications.

c. The prices shall be Firm Fixed Price. The Offeror shall take care not to include remarks that take exception to the Government’s Specifications/Drawings or pricing requirements or otherwise preclude the Government from evaluating the offer or render the offer as unacceptable.

d. If the Offeror communicates in its proposal any qualifications, exceptions, exclusions, or conditions to the proposed prices not provided for in the Offerors proposal documents, the Contracting Officer may reject the proposal and exclude the Offeror from further discussions.

E. Evaluation of Offerors: The proposal shall address the following Non-Price evaluation factors.

1. Factor 1, Project Challenged/Phasing (Non-Price):

Will be evaluated based on the Offeror’s understanding of the Project Challenges/Phasing for the project.

2. Factor 2, Technical Approach (Non-Price):

The VA will evaluate and use as an aid to help determine that the Offeror understands the complexity and risks of performing all the required elements. The Technical Approach will be evaluated for inclusion of the technical areas listed in the criteria. The VA will evaluate Offeror’s specific details 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.

3. Factor 3, Project Schedule (Non-Price):

Will be evaluated relative to overall coordination of the construction phase, to include ability to identify all necessary work elements of the specific project, and the Offerors ability to schedule the activities in a logical sequence and within the time required in this solicitation.

4. Factor 4, Past Performance (Non-Price):

Will be evaluated on the relevant and recent experience of the projects submitted and on the quality of the Offeror’s past performance within the last five (5) years with respect to the construction projects submitted. This includes, the timeliness of contract completion, adherence to contract schedules and timely submission of data deliverables; the contractor’s ability to comply with the terms and conditions of the contract; the overall quality of the work performed on the contract; the Offeror’s managerial performance’ and whether or not the reference would enter into a contract with the contractor again. Contractors without relevant past performance or for whom past performance information is not available, will be rated neither favorably nor unfavorably on past performance. In the event that the prime contractor does not have relevant past performance, surveys submitted for key personnel will be evaluated. Past performance evaluations may also be conducted using information obtained from CPS or PPIRS and any other sources deemed appropriate by the CO. Other sources may include, but are not limited to, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (ESRS), and any other known sources not provided by the Offeror.

5. Price:

The Government 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 CLIN 0001, Item I (General Construction), and CLINS 0002-0004 (Deducts 1-3) in order of priority listed in the Pricing Schedule. The VA will look at the total evaluated price and non-price factors to determine the best value. “Best Value” means the expected outcome of an acquisition that, in the Government’s estimation, provides the greatest overall benefit in response to the requirements. Below is the process for determining the total evaluated price for each offer received:

The VA will review CLIN 0001, Item I (General Construction). If CLIN 0001 is within the funds determined by the Government to be available, the VA will stop pricing review and not move on to the Deducts. If CLIN 0001 is over the funds determined to be available by the Government, the VA will move on to CLIN 0002, Deduct 1). The VA will review CLIN 0002. If CLIN 0002 is within the funds determined by the Government to be available, the VA will stop pricing review. If CLIN 0002 is over the funds determined to be available by the Government, the VA will move on to CLIN 0003, Deduct 2). The VA will review CLIN 0003. If CLIN 0003 is within the funds determined by the Government to be available, the VA will stop pricing review. If CLIN 0003 is over the funds determined to be available by the Government, the VA will move on to CLIN 0004, Deduct 3. If CLIN 0004 is within the funds determined by the Government to be available, the VA will stop pricing review.

2.8 USE OF ADVISORS:

Contractors are advised that VA contractor personnel may assist the Government during the Government’s evaluation of Proposals. The persons shall be authorized access to only those portions of the proposal and discussions that are necessary to enable them to provide specific technical advice on specialized matters or on particular problems. These individuals will be required to protect the confidentiality of any specifically identified trade secrets and/or privileged or confidential commercial or financial information obtained as a result of their participation in this evaluation. They shall be expressly prohibited from scoring, ranking or recommending the selection of an Offeror.

2.9 DETERMINATION OF RESPONSIBILITY:

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

2.10 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.

2.11 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 also be registered at time of award.

2.12 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 $700,000, 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. CPARS has connectivity with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies. PPIRS is the system used to collect and retrieve performance assessment reports used in source selection determinations and completed CPARS report cards transferred to PPIRS. CPARS also includes access to the federal awardee performance and integrity information system (FAPIIS). FAPIIS is a web-enabled application accessed via CPARS for contractor responsibility determination information.

Each contractor whose contract award is estimated to exceed $700,000 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.

2.13 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.

2.14 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).”

2.15 52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of Provision)

2.16 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)

2.17 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
1.2 %
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 Minnehaha, Sioux Falls, South Dakota

(End of Provision)

2.18 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "designated country construction material," "domestic construction material," and…

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