S02 - Attachment 2 - Statement of Work.docx

36C25221B0008

STATEMENT OF WORK

1. INTRODUCTION

A. Open-End Construction is an Indefinite Delivery/Indefinite Quantity (IDIQ) contract with a multiple, five-year ordering period. which encompasses a broad range of repair and minor construction work on real property located at the following location:

Edward Hines Jr. VA Hospital 5000 S. 5th Avenue Hines, Illinois 60141-5000

B. During the contract period, the engineers at this location will identify projects for task orders (TOs) which will be issued by the Contracting Officer. The Government has the right to withdraw a proposed Task Order (TO) before acceptance by the Government.

C. The bidder/contractor shall, furnish all materials, equipment and personnel necessary to accomplish each Task Order (TO). Task Orders will vary in size and dollar amounts. TOs may involve, but will not be limited to, carpentry, asphalt and concrete paving; roofing; excavation; interior renovation; carpet, window, and door installation; electrical; plumbing; painting and stucco; demolition; masonry; and HVAC. This contract shall not include medical facilities engineering support services, such as utility plant operation, custodial, grounds maintenance, and similar work. No Task Order will include Architect/Engineering services; however, shop drawings and as built drawings shall be provided by the contractor as appropriate.

D. The contractor shall maintain an office that must be operational at contract award and throughout the duration of the contract and shall be open for business from 7:30 am to 4:30 pm, Monday through Friday, excluding federal holidays.

E. Contract includes NAICS 236220 General Construction.

2. UNIT PRICE BOOK (UPB):

A. The most recent versions of RS Means cost estimating data will serve as the UPB for this contract. The UPB is updated annually after 1 January and no later than 15 January. The contractor’s proposals for the work described in each task order will be based on the pricing information and the units of measure specified in the UPB. The following RS Means data shall be used:

(1) Facilities Construction Cost Data

(2) Facilities Maintenance and Repair Cost Data

(3) Mechanical Cost Data

(4) Plumbing Cost Data

(5) Electrical Cost Data

(6) Assemblies Cost Data

B. If the government specifies an item, which meets both the RS Means line item description and the characteristics called out in the Technical Specifications the contractor is obligated to furnish that item, regardless of actual cost compared to the RS Means cost.

3. UNIT PRICE SOFTWARE

Contractor shall use the RS Means Facilities Repair Cost Data Software located at www.rsmeans.com. This Software contains pricing information for the work to be accomplished and for the units of measure specified. The contractor must furnish pricing (proposals) for each individual Task Order on a LINE ITEM BASIS per RS Means Cost Works (www.rsmeans.com).

A. Means Cost Works provides the unit pricing to be used on this contract. Estimates shall be computed using the settings of “Facilities Repair, Union Labor”.

B. Means Cost Works pricing is updated on an annual basis.

C. The contractor shall use the Means Cost Works established pricing in effect as of the date the contractor’s Task Order Price Proposal is received by the Government from the contractor. That price shall remain fixed throughout the life of the Task Order.

D. Working in an Occupied Hospital shall not be added to the RS Means Cost breakdown as a Labor Adjustment Factor. Any cost associated with these factors may be included into the coefficient rate.

4. HARD COPY OF MEANS:

The contractor shall provide one (1) hard copy of unit price data to consist of the R.S. MEANS® cost data books listed below. Contractor shall provide the latest edition of these books to the Chief of Construction after 1 January and no later than 15 January, for the life of the contract. The contractor shall consider the item non-priced ONLY if it cannot be located in the computer database or any of these guides.

Facilities Construction Cost Data Facilities Maintenance and Repair Cost Data

5. LINE ITEM UNIT PRICES AND QUANTITIES:

The price set forth in the RS Means software on the date proposal is due shall be multiplied against the coefficient to determine line item unit cost. Use location of Chicago, Illinois for all RS Means pricing.

6. COEFFICIENT/WAGE DETERMINATION:

A. The purpose of applying the coefficient(s) to direct costs, national average bare costs as obtained from the Unit Price Book, and/or negotiated bare costs of non-Unit Price Book (non-pre-priced) items, is to compensate the Contractor for all indirect costs and profit for performance.

B. After the first year of the IDIQ contract and each year after, the contracting officer will incorporate a new wage determination into the contract and the most current update of R.S. Means pricing*. The contractor will use the updated R.S. Means Cost Estimating System (unit price book) multiplied by the coefficient in the basic contract to price individual task orders. The coefficient(s) will remain unchanged throughout the life of the contract and no other contract adjustments will be made as a result of the incorporation of the new or revised wage determination.

*Note: Since award will be made after January 1st, the most current RS Means pricing will be utilized from date of award to January 1, 2021. Annual updates will occur on a yearly basis thereafter, IAW with RS Means updates, not from the anniversary date of the awarded contract.

C. The bidder’s/contractor’s coefficients (in percentage format, no more than 3 decimal places) shall contain any/all applicable profit and burden costs such as, but not limited to, bond premiums; insurance; compliance with environmental and safety laws/regulations, taxes, overhead, general and administrative expense and any/all other associated indirect costs required to perform the work. IDIQ unit prices are for materials in place (FOB Destination) and, unless otherwise specified, include materials, labor and equipment.

The government expects reasonable coefficients to accomplish the resulting task orders. Submitted coefficient(s) less than one (1.00) requires an acknowledgement from the bonding company that work will be bid and may potentially be accomplished at less than cost.

D. Task order prices will be based on negotiated quantities times the total of the current established prices in the R.S. Means database bare cost column (which means no markup for overhead and profit (O&P)) times the current City Cost Index (weighted average percentage) for Illinois, Chicago. After the City Index has been applied, this amount will then be multiplied by the coefficient proposed for the applicable category. Any non-priced items will then be added on to the total to arrive at the total task price for a unit of work. Example : Pricing will be determined at the task order level as follows:

Total amount of RS Means items

E. The categories of pricing coefficient(s) in this contract are based on a combination of standard and non-standard work hours and size of project. If a task order includes work that has more than one pricing coefficient category, the work will be weighted and the applicable coefficient applied to its portion of the direct costs.

F. The bidder must include a coefficient cost for work to be performed during standard and premium working hours; the appropriate coefficient will be applied to each task order issued under the contract.

7. LINE ITEM UNIT PRICES

Unit prices include consideration of direct material, labor, and equipment costs, but do not include indirect costs and profit. Indirect costs and profit are in the coefficients.

8. NON-PREPRICED ITEMS

Items of work not covered by RS Means Software, but within its scope, may be negotiated by the Contracting Officer. Added items of work shall be incorporated into and made a part of the task order in accordance with VAAR 852.243-70 Construction Contract Changes – Supplement and shall be performed at the negotiated unit price. Non-prepriced work shall be so noted on each task order. Non-prepriced proposals shall be supported with verifiable documentation showing a minimum of two competitive quotes. Non-prepriced items shall be proposed in bare costs only (material, equipment and labor) multiplied by the quantity and the coefficient. If the dollar value of the non-prepriced items exceeds 10 percent of the dollar value of the task order proposals must be supported with verifiable documentation and quotes from at least three sources.

9. CONTRACTOR STAFF AND EMPLOYEES

Prior to the issuance of the first Task Order, the contractor shall provide the Contracting Officer with a telephone number at which the contractor or his designated and authorized representative may be contacted at any time during regular working hours and an emergency number at which the contractor may be contacted in situations requiring immediate attention. The above mentioned representative must have full power and authority to act upon the behalf of the contractor.

10. SUBCONTRACTOR PROPOSALS

If a subcontractor provides a proposal which includes RSMeans items and items not included in RSMeans (non-prepriced items), the RSMeans items will be included in the section of the contractor proposal including RSMeans work and only the items that are not included in RSMeans will be negotiated as non-prepriced items. Because this is a firm-fixed-price contract, there will be no additional markup by the contractor on any non-prepriced work that may be performed by the subcontractor. All non-prepriced items that are added to the task order via modification that will be performed by a subcontractor will be handled in accordance with VAAR Clause 852.243-70 Construction Contract Changes – Supplement.

11. PROGRESS MEETINGS

A monthly meeting (or more frequent, if deemed necessary by the VA) shall be held between the contractor, Contracting Officer Representative (COR) and Contracting Officer or his authorized representative, if necessary, to discuss work progress, problems and potential modifications. During the site visit on each task order, the contractor shall confer with the applicable medical facility’s engineer, and agree on a sequence of procedures and means of access to premises and buildings; space for storage of materials and equipment; delivery of materials and use of approaches; use of corridors; stairways and similar means of passage; and the location of partitions, eating spaces and restrooms for the contractor’s employees.

12. ORDERING PROCEDURES PRIOR TO AWARD OF TASK ORDER

A. Each task order shall be issued in accordance with the following procedures:

(1) Request for Proposal: The Contracting Officer will furnish the contractor with a written request for proposal. The request will include:

a. A general scope of work, including the site location;

b. The anticipated performance period and critical milestones;

c. Any government-furnished property, material to be made available for performance of the order;

d. Specifications and/or limitations;

e. Required submittals;

f. Order of magnitude; and

g. Due date and any other pertinent information.

(2) Validation of Scope of Work. Upon receipt of this notification, the contractor shall respond to the CO within three (3) working days of receiving the RFP to arrange a site visit in the company of the contracting officer or his/her authorized representative, the assigned Contracting Officers Representative (COR) for the purposes of conducting a scope validation site visit to discuss the following topics:

a. Definition and refinement of requirements;

b. Site access;

c. Methods and alternatives for accomplishing work;

d. Detailed scope of work; and

e. Assumptions, information required, etc.

(3) Proposal Submission, Review and Negotiation:

a. Upon completion of the site visit, the contractor shall prepare and submit a detailed scope of work and proposal for accomplishment of the work to the Contracting Officer for government review within ten (10) working days, unless extended by the Contracting Officer. Any revised design proposals and cost proposal responding to government comments shall be submitted within two (2) working days after receipt of government comments or as agreed upon by the Contracting Officer and the contractor. The contractor shall immediately notify the contracting officer if it appears the project proposal will differ from the project magnitude. The contracting officer will take action to ensure the project stays within the magnitude or ensure the magnitude is validated and adjusted for the reasons specified.

b. The RS Means shall serve as the basis for establishing the value of the work to be performed on a unit price basis. It is the contractor’s responsibility to ensure the proposal includes all costs associated with meeting the requirements of federal, state and local laws and enforcing codes, as well as the requirements of the Technical Specifications. The contractor shall ensure that all the requirements of the statement of work have been included in the proposal.

(4) Task Order Proposal Composition and Submission: The contractor shall email all proposal documents to the Contracting Officer. The contractor’s initial task proposal shall include, but not be limited to:

a. The detailed (contractor-developed) SOW identifying the task requirements;

b. Proposed construction performance period required to complete the work to include critical path construction schedule for time sensitive tasks or complex tasks as determined by the contracting officer.

c. Schedule for Material Submittals, listing the submittal items the contractor has determined appropriate for the task order. The government may add or delete submittal items at its discretion and return to the contractor. The final negotiated Schedule for Material Submittals will be attached to and incorporated into the task order;

d. A detailed cost proposal identifying tasks and defining the quantity of required items using the RS Means data. The current Chicago, IL Cost Index adjustment will be applied to the RS Means bare cost for each item along with the applicable contractor coefficient(s). If the contracting officer directs a work schedule to occur during non-standard hours, the non-standard coefficient will be applied for those items of work, which will be performed during non-standard hours.

e. Non-Priced Items:

1) Any item of work not found in the UPB but required under an individual task order shall be negotiated by the contracting officer as a Non-Priced Item. A one-time use of an NPI will be the “in place” price to include material, equipment, labor, overhead and profit.

2) NPI’s that are used for other than a one-time basis shall include direct costs only. The coefficient shall be applied to the negotiated NPI cost. NPI’s that are utilized more than once and are projected to be utilized throughout the life of the contract may be negotiated and incorporated into the pre-priced listing by written modification.

3) Non-priced items once negotiated and used in a task order may supplement the RS Means manuals only by modification to the IDIQ contract.

4) The contractor shall track the total non-priced dollar percentage for each task order and shall clearly indicate the percentage on each proposal.

5) If the contractor’s task order proposal includes any non-priced items, those items shall be separately identified and priced. Proposed NPI prices shall be documented by supporting documentation as required by the contracting officer.

(5) Proposal Review and Negotiation: Upon receipt of the contractor's proposal, the government will review the proposal for completeness. If negotiations are conducted, all items and quantities for all pre-priced and non-priced items will be discussed. The government may also negotiate performance times. Upon completion of negotiations and achieving agreement on all project requirements, the contractor shall provide a final proposal package that includes:

a. The detailed (contractor developed) SOW representing any negotiations;

b. Drawings/sketches conceptually delineating the negotiated project requirements;

c. Final negotiated cost proposal and RS Means pricing sheets;

d. Negotiated construction performance period;

e. Final Schedule for Material Submittals, listing the submittal items the contractor and the government have determined appropriate for the task order; and

f. When a required construction item within the scope of the contract is not already incorporated in the Unit Price Book (UPB), the order price for that item will be negotiated into the contract.

(6) Task Order Award: After receipt of the final proposal package, the government will review its contents for compliance with final negotiated agreements. Once compliance is confirmed, a unilateral task order may be issued by the contracting officer using a VA Form 2138-7. Each task order will include the following information, as a minimum:

a. Date of the task order;

b. Contract number and task order number;

c. The final and accepted statement of work;

d. The final accepted Schedule for Material Submittals;

e. Any applicable drawings;

f. Task order price, inclusive of RS Means priced items, non-priced items, and bond premium;

g. Delivery or performance data;

h. Accounting and appropriation data; and

i. The names, addresses, and any other pertinent information.

(7) The contractor shall commence all necessary and required preliminary work, including but not limited to, all required permits and/or bonds, if applicable, upon receipt of a duly executed task order signed by the contracting officer. The government reserves the right to convene a pre-construction conference, which may include a visit to the applicable site and the contractor shall attend. The contractor is encouraged to bring its sub-contractors to the pre-construction conference, but is not required to do so. The contractor may visit the site to perform any necessary and required efforts prior to actual mobilization and start-up at the site. The contractor shall not commence actual remedial construction work at the site until receipt of a written Notice-to-Proceed (NTP) signed by the contracting officer. The contractor shall not deliver any materials or equipment to the site prior to receipt of a NTP or written authorization signed by the contracting officer. The contractor shall not have delivered to the site any materials that require approval prior to receipt of said written approval.

(8) The government reserves the right to obtain price proposals and negotiate firm prices for task orders IN ANTICIPATION OF FUNDING. Any costs associated with such proposals and /or negotiations are considered indirect and should be included in the contractor’s coefficient(s). The government shall not be liable for any costs incurred in estimating and/or negotiating task orders that are not funded. The contractor shall be capable of handling a heavy surge of proposal preparation and negotiations during the four (4) months of May, June, August, and September of each year.

13. BONDS

A. Performance and Payment Bonds. The contractor shall be required to provide performance and payment bonds for individual task orders that exceed $150,000. Further, for individual task orders which exceed $35,000 but not $150,000, alternate payment protection as specified in FAR 52.228-13 is required. The performance and payment bonds or alternate payment protection shall be delivered to the Contracting Officer no later than ten (10) calendar days after receipt of notice of contract issuance/award for the contract period in the amount of each individual task order. The performance and payment bonds/alternate payment protection will be used for the bonding of all individual task orders issued exceeding $35,000.

B. Penal Sums. The penal sums of the performance and payment bonds as stated in FAR Clause 52.228-13 Alternative Payment Protections (July 2000) apply for orders between $35,000 and $150,000. Contractor shall submit one of the following payment protections as outlined in the clause. In the event the individual task order exceeds $150,000, FAR 52.228-15 applies and the penal sum specified therein is the penal sum required for the performance and payment bonds. The contractor shall not begin work until bonds/alternative payment protections, properly executed, have been furnished to the Contracting Officer and the Contracting Officer has issued the contractor a Notice to Proceed. The contract price referred to in the relevant clauses is intended to refer to the prices of the individual task order.

C. The furnishing of bonds/alternative payment protections is a part of contract performance, and failure to provide within the timeframes specified herein shall be grounds for default.

14. SPECIFICATIONS

Work shall be accomplished consistent with standards criteria, products, and execution methods set forth in the “VA MASTER CONSTRUCTION SPECIFICATIONS as defined in http://www.cfm.va.gov/til/spec.asp and more fully defined within each Task Order.

15. PRE-CONSTRUCTION CONFERENCE

A. Initial conference: When determined appropriate by the Contracting Officer, before the issuance of the first task order under the contract, a pre-construction conference may be conducted to acquaint the contractor with Government policies and procedures that are to be observed during the prosecution of the work, and to develop mutual understanding relative to the administration of the contract. It is strongly suggested that the contractor’s Project Manager, Quality Control Manager, Superintendent, and other appropriate employees attend this meeting.

B. Individual task order conference: At the discretion of the Contracting Officer, or his/her authorized representative (COR), a pre-construction conference may be conducted prior to the commencement of work on individual task orders.

C. Preconstruction Safety Meetings: Representatives of the contractor shall meet with the Contracting Officer or COR prior to the start of repair, alteration, or construction activities for the purpose of reviewing the contractor’s safety and health programs, and discussing implementation of all safety and health provisions pertinent to the work to be performed under the contract. The Contractor shall be prepared to discuss, in detail, the measures he/she intends to take in order to control any unsafe or unhealthy conditions associated with the work to be performed under the contract. This meeting may be held in conjunction with the Preconstruction conference, if so directed by the Contracting Officer or his/her designated representative. The conduct of this meeting is not contingent upon a general Preconstruction meeting. The level of detail for the safety meeting is dependent upon the nature of the work and the potential inherent hazards. The contractor’s principal representative(s), the general superintendent and his/her safety representative(s) shall attend this meeting.

D. Contractor Responsibility: The Contractor shall assume full responsibility and liability for compliance with all applicable regulations pertaining to the health and safety of personnel during the execution of work and shall hold the Government harmless for any action on his part or that of his employees or subcontractors, which results in illness, injury or death. Contractors are required to timely report any accidents or injuries to the Contracting Officer

16. SCHEDULING OF WORK

A. Before commencement of work under an individual task order, the contractor shall confer with the COR, as well as the building occupant, and agree on: a sequence of procedures; means of access to premises and building; space for storage of materials and equipment; delivery of materials and use of approaches; use of corridors, stairways, elevators, and similar means of communications; location of partitions, eating spaces, and restrooms for contractor employees; and the like.

B. Delivery of materials and equipment shall be made with a minimum of interference to Government operations and personnel. Government personnel will not be responsible for accepting, receiving, storing, or delivery of contractor or subcontractor’s material or equipment.

C. The work shall, so far as practicable, be done in definite sections or divisions, and confined to limited areas which shall be completed before work in other sections or divisions is begun.

D. Most work will be performed in occupied areas.

E. The contractor shall take all precautions to ensure that no damage will result from his operations to private or public property. All damages shall be repaired or replaced by the contractor at no cost to the Government.

F. The contractor shall be responsible for providing all work site protective barriers and site control devices. This includes, but is not limited to: project infection control measures, interim life safety measures, protective fences, protective tapes; and protective signage. The contractor shall be responsible for providing all necessary traffic control, such as street blockages, traffic cones, flagman, etc., as required for each specific task order, at no additional cost to the Government. Proposed traffic control methods shall be submitted to the Contracting Officer’s representative for final approval. No street shall be completely closed to traffic without prior approval from the Contracting Officer’s representative.

G. At the beginning of each working day, the contractor shall notify the Contracting Officer’s representative of the location(s) of work to be accomplished that day.

H. All temporary outages of any utility services required for the performance of work shall be scheduled with the Contracting Officer’s representative no less than fourteen (14) working days in advance of such outages.

17. TOILET FACILITIES

The contractor’s personnel will be permitted to use toilet facilities on the premises subject to regulation and control of the Contracting Officer’s representative. In the event none are available, the contractor shall, at his own expense, provide portable facilities, as required. In addition, toilet facilities desired at the contractor’s management office shall be provided at the expense of the contractor.

18. CONTRACTOR STAFF

A. In addition to the requirements of FAR 52.236-6, the contractor shall be required to maintain a project manager, and have the capability of providing an engineering staff to respond to the requirements set forth in this contract, and provide the Contracting Officer a personnel list ten (10) days prior to performance of the contract. The individual designated as the project manager shall have full authority to act for the contractor. The contractor shall be able to provide experienced and knowledgeable personnel in civil, structural, architectural, mechanical, and electrical disciplines.

B. Contractor Personnel: The contractor shall be responsible for selecting personnel who are well qualified to perform the required work, for supervising techniques used in their work, and for keeping them informed of all improvements, changes, and methods of operation. In addition:

(1) The contractor shall take appropriate personnel action, as required, in the event employee(s) become involved with law enforcement authorities as a result of misconduct.

(2) The Government will not exercise any supervision or control over contractor employees performing work under the contract. Such employees shall be accountable solely to the contractor, not the Government. The contractor, in turn, shall be accountable to the Government for contractor employees.

19. TASK ORDER STATUS REPORTS

The contractor shall prepare and furnish monthly a report on all open task orders. The format and content of the report will be approved by the Contracting Officer. A copy of each report shall be provided to the Contracting Officer. Information contained in the status report shall include the task order number, title of task order, issue date, award date, start date, dollar amount, required completion date, actual completion date, schedule of progress and actual progress percentage, and comments.

20. CONTRACTOR ACCESS

Most work will be performed in occupied areas. The contractor shall have access to that portion of the area within which work is to be performed. The movement of contractor personnel, its equipment, materials, and tools shall be confined to area so as not to interfere with ongoing operations in the work areas. The contractor’s access to any area shall be in coordination with a fully functioning medical facility. The contractor shall coordinate the activities with the COR.

21. OPERATION AND MAINTENANCE

Prior to final acceptance and payment of each task order, the contractor shall submit one (1) complete equipment listing, to include all name-plate data, and three (3) copies of all operation and maintenance manuals to the COR as required in the technical specifications. The contractor shall conduct a training session to brief Government personnel on the operation and maintenance procedures of the installed systems. The contractor is required to provide three (3) complete teardown/overhaul/repair manuals for the chillers provided. The contractor is required to provide two (2) complete service literature catalogs for the chiller manufacturer’s engineering machinery products.

22. LABOR – ADDITIONAL REQUIREMENTS

Application of Wage Rates and Fringes Benefits: For the application of the wage rates and fringe benefits, contained in the Decisions of the Secretary of Labor, attached to and made a part of this contract, all work involving construction, alterations, or repair of single family houses or apartments of no more than four (4) stories shall be considered residential construction. Work involving construction, alterations, or repair of buildings, such as barracks, hospitals, fire stations, office buildings, shopping centers, and apartment buildings five (5) stories and above, as well as all work required within five (5) feet outside the building lines shall be considered building construction.

Highway construction rates apply to the construction, alteration, or repair of roads, streets, highways, runways, taxiways, alleys, trials, paths, parking areas, and other similar projects. All other construction not defined herein as residential, building, or highway construction shall be considered heavy, sewer and water line construction.

23. COMMENCEMENT OF WORK

The contractor shall commence any mobilization and phase-in activities prior to actual work on individual task orders as soon after the Notice to Proceed as practicable. However, within 30 calendar days after contract award, the contractor shall be fully operational and capable of immediately starting work on any required task orders.

24. WORK HOURS

A. Normal work hours are from 7:30A.M. to 4:30P.M., Monday through Friday. Contractors will not be permitted to work on Saturday, Sunday, or federal holidays unless otherwise authorized in writing by the Contracting Officer. The exclusion of work on Saturday, Sunday and federal holidays will be considered in computing the performance time of each task order. The following federal holidays are observed. If a federal holiday falls on Saturday, the day will be observed on the preceding Friday. If it falls on Sunday, the day will be observed the following Monday.

(1) January 1st – New Year’s Day

(2) 3rd Monday in January – Martin Luther King Jr.

(3) 3rd Monday in February – Presidents Day

(4) Last Monday in May – Memorial Day

(5) July 4th - Independence Day

(6) 1st Monday in September – Labor Day

(7) 2nd Monday in October –Columbus Day

(8) November 11th – Veterans Day

(9) 4th Thursday in November – Thanksgiving Day

(10) December 25th – Christmas Day

B. Other than normal working hours are any hours not stated above.

25. WORK BY THE GOVERNMENT

The Government reserves the right to undertake performance by Government forces or other contractors, for the same type or similar work as contracted for herein, as the Government deems necessary or desirable, and to do so will not breach or otherwise violate this contract.