W912P7-11-R-0015 dated 13 Mar 2012.pdf

Provide Design Build services for the SEISMIC RETROFIT OF BUILDINGS 5 & 7 at the San Francisco Veterans Affairs Medical Center, located at 4150 Clement Street, San Francisco, California. All following items include design and construction as necessary to abate lead and asbestos to execute the work. For both buildings 5 & 7, work consists of seismic retrofit, replacing and installing new fire sprinklers, replacing all mechanical equipment and accessories, replacing 120/208v electrical panels, replacing the roof, replacing exterior windows, and miscellaneous interior improvements. Work on Building 5 also includes lighting improvements, and work on Building 7 includes replacing all sanitary sewer lines under the Canteen to the perimeter wall.

Estimated cost range is between $ 5,000,000 and $ 10,000,000.

Estimated project duration is 550 calendar days.

This project will be under NAICS code 236220.

This solicitation is a 100% set-aside for Service-Disabled Veteran-Owned Small Business (SDVOSB), Request for Proposal (RFP).

This is a 2-phase design build RFP, to be conducted in strict accordance with FAR Subpart 36.3. Prospective offerors are to respond to Phase 1 only.

After evaluation of Phase 1 responses, the Government will select not more than (5) proposals determined to be the most highly qualified for participation in Phase-two. Following completion of the Phase-one evaluation, all offerors will be advised of the status of their proposal.

PLEASE NOTE THAT BID BONDS ARE NOT REQUIRED DURING PHASE I SOLICITATION

ROLANDO Z CAMERINO 415.503.6959

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

13 MARCH 2012

(RFP)

(IFB)

X

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance within _______ 10 calendar days and complete it within ________ 550 calendar days after receiving award, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________ FAR 52.211-10

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and ____ 7 copies to perform the work required are due at the place specified in Item 8 by ___________ local time ______________ 29 March 2012 (date).

If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and 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 _______ 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

US ARMY ENGINEER DISTRICT, SAN FRANCISCO

CONTRACTING DIVISION

1455 MARKET ST., 17TH FLOOR SUITE 1741

SAN FRANCISCO CA 94103-1398

W912P7

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

12:00 NOON (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX: TEL: TEL: FAX:

W912P7-11-R-0015 162

20B. SIGNATURE

(REV. 4-85) STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued)

(Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE 27. PAYMENT WILL BE MADE BY: 26. ADMINISTERED BY

(Include ZIP Code) 14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code) code)

See Item 14

(Include only if different than Item 14) 16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your offer on this solicitation, is hereby accepted as to the items listed. This award con-to furnish and deliver all items or perform all work, requisitions identified summates the contract, which consists of (a) the Government solicitation and on this form and any continuation sheets for the consideration stated in this your offer, and (b) this contract award. No further contractual document is contract. The rights and obligations of the parties to this contract shall be necessary.

governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by refer-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this 28. NEGOTIATED AGREEMENT

(Must be fully completed by offeror) OFFER

Phase 1 (of a 2 Phase) Design-Build Solicitation

Seismic Retrofit of Buildings 5 and 7 (Design/Build)

San Francisco Veterans Affairs Medical Center

USACE, San Francisco District

Section 00010 Page 3 of 162

CONTINUATION SHEET SF1442

CONTINUATION OF STANDARD FORM 1442

BLOCK 20D:

(1) IF THE OFFEROR IS A JOINT VENTURE, EACH PARTICIPANT IN THE JOINT VENTURE MUST

COMPLETE THE FOLLOWING:

Company Name Signature Title

NOTE: If a corporation is participating as a member of a Joint Venture, the certificate below must also be completed and signed.

CORPORATION AUTHORIZATION TO PARTICIPATE IN JOINT VENTURE CERTIFICATE

I, _______________________, certify that I am the Secretary of the corporation

(name) named as a participant in a Joint Venture on this offer; that

_____________________, who signed said offer on behalf of the corporation, was

(name) then ______________________ of said corporation; that the signature thereto is

(title) genuine; that said contract was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing body; and that the corporation is authorized to participate in the Joint Venture on this offer.

(Name of Corporation)

(Secretary)

(2) IF THE OFFEROR IS A PARTNERSHIP, LIST FULL NAME OF ALL PARTNERS BELOW.

SIGNATURES BY ALL PARTNERS HERE SIGNIFY THAT THE INDIVIDUAL WHO SIGNED THE OFFER

IN BLOCK 20B HAS THE AUTHORITY TO BIND THE PARTNERSHIP.

Name Signature

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Section 00010 Page 4 of 162

(3) IF THE OFFEROR IS A CORPORATION, THE OFFER SHALL BE SIGNED IN THE CORPORATE NAME

FOLLOWED BY THE WORD "BY" AND THE SIGNATURE OF THE PERSON AUTHORIZED TO SIGN THE

OFFER IN BLOCK 20B. PROVIDE PROOF THAT THE PERSON SIGNING FOR THE CORPORATION HAS

THE AUTHORITY TO BIND THE CORPORATION BY COMPLETING THE FOLLOWING CERTIFICATE:

CORPORATION AUTHORIZATION CERTIFICATE

I, ___________________________________, certify that I am the Secretary of the corporation named as offeror in the within offer; that ______________________, who signed said offer on behalf of the corporation, was then

_____________________________________ of said corporation, that the signature

(title) thereto is genuine; that said contract was duly signed, sealed and attested for in behalf of said corporation by authority of its governing body.

(4) IF THE OFFEROR IS AN INDIVIDUAL DOING BUSINESS AS A FIRM, THE OFFER SHALL BE SIGNED

BY THAT INDIVIDUAL IN BLOCK 20B FOLLOWED BY THE WORDS "AN INDIVIDUAL DOING

BUSINESS AS _____________________________________ (INSERT NAME OF FIRM).

(5) WHEN AN AGENT SIGNS THE OFFER, PROVIDE PROOF OF THE AGENT'S AUTHORITY TO BIND

THE PRINCIPAL.

PAGE 3 & 4, SF 1442

BLOCK 20D:

(1) IF THE OFFEROR IS A JOINT VENTURE, EACH PARTICIPANT IN THE JOINT VENTURE MUST

COMPLETE THE FOLLOWING:

San Francisco Veterans Affairs Medical Center

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Section 00010 Page 5 of 162

NOTE: If a corporation is participating as a member of a Joint Venture, the certificate below must also be completed and signed.

CORPORATION AUTHORIZATION TO PARTICIPATE IN JOINT VENTURE CERTIFICATE

I, _______________________, certify that I am the Secretary of the corporation named as a participant in a Joint Venture on this offer; that

_____________________, who signed said offer on behalf of the corporation, was

(name) then ______________________ of said corporation; that the signature thereto is

(title) genuine; that said contract was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing body; and that the corporation is authorized to participate in the Joint Venture on this offer.

(2) IF THE OFFEROR IS A PARTNERSHIP, LIST FULL NAME OF ALL PARTNERS BELOW.

SIGNATURES BY ALL PARTNERS HERE SIGNIFY THAT THE INDIVIDUAL WHO SIGNED THE OFFER

IN BLOCK 20B HAS THE AUTHORITY TO BIND THE PARTNERSHIP.

(3) IF THE OFFEROR IS A CORPORATION, THE OFFER SHALL BE SIGNED IN THE CORPORATE NAME

FOLLOWED BY THE WORD "BY" AND THE SIGNATURE OF THE PERSON AUTHORIZED TO SIGN THE

OFFER IN BLOCK 20B. PROVIDE PROOF THAT THE PERSON SIGNING FOR THE CORPORATION HAS

THE AUTHORITY TO BIND THE CORPORATION BY COMPLETING THE FOLLOWING CERTIFICATE:

CORPORATION AUTHORIZATION CERTIFICATE

I, ___________________________________, certify that I am the Secretary of the corporation named as offeror in the within offer; that ______________________, who signed said offer on behalf of the corporation, was then

_____________________________________ of said corporation, that the signature

San Francisco Veterans Affairs Medical Center

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Section 00010 Page 6 of 162

(title) thereto is genuine; that said contract was duly signed, sealed and attested for in behalf of said corporation by authority of its governing body.

(4) IF THE OFFEROR IS AN INDIVIDUAL DOING BUSINESS AS A FIRM, THE OFFER SHALL BE SIGNED

BY THAT INDIVIDUAL IN BLOCK 20B FOLLOWED BY THE WORDS "AN INDIVIDUAL DOING

BUSINESS AS _____________________________________ (INSERT NAME OF FIRM).

(5) WHEN AN AGENT SIGNS THE OFFER, PROVIDE PROOF OF THE AGENT'S AUTHORITY TO BIND

THE PRINCIPAL.

San Francisco Veterans Affairs Medical Center

Section 00110 Page 7 of 162

SECTION 00100 (BIDDING SCHEDULE / INSTRUCTION TO BIDDERS)

Section 00100 is provided in Phase I as For Information Only. This is a two-phase design-build selection process acquisition requiring two separate proposal submittals; a phase-one (non-price technical volume) proposal and a phase-two (price and technical volumes) proposal. Phase-one will consist of an evaluation of only non-price factors. Following completion of Phase-one, no more than five (5) of the most highly qualified offerors in phase-one will be offered the opportunity to submit a proposal under Phase-two. Phase-two will consist of an evaluation of price and non-price factors which includes the offeror's Technical Approach.

Phase II of this solicitation is to be fully completed by only those offerors selected as the most highly qualified following the completion of the selection process for Phase I. Only complete these requirements if you have received written notification from the Contracting Officer that you have been selected to participate in Phase

II. The Phase II Source Selection will be conducted in full compliance with FAR Part 15, as applicable.

ADDITIONAL INSTRUCTIONS

1. Prices must be submitted on all individual items of the Pricing Schedule. There is no requirement to submit prices for Phase I of this 2-phase design build solicitation, however, prices are required for bidders selected to participate in

Phase II of this solicitation. Failure to do so may cause the proposal to be determined "unacceptable".

2. If a modification to a price is submitted which provides for a lump sum adjustment to the total price, the application of the lump sum adjustment to each item in the Pricing Schedule must be stated. If it is not stated, the offeror agrees that the lump sum adjustment shall be applied on a pro rata basis to every item in the Pricing

Schedule.

3. The offeror shall distribute his indirect costs (overhead, profit, bond, etc.) over all the items in the Pricing

Schedule. The Government will review all submitted Pricing Schedules for any unbalancing of the items. Any submitted Pricing Schedule determined to be unbalanced may cause the proposal to be determined "unacceptable".

4. The lump sum, "LS", line items above are not "estimated quantity" line items and therefore are not subject to the

Variation in Quantity contract clause.

5. Evaluation for Award. The government contemplates award of one contract to the responsive, responsible contractor that submits a proposal that is deemed fair and reasonable, for the total of the following items in the

Pricing Schedule: All line items listed in the Pricing Schedule.

If the solicitation’s Pricing Schedule contains Options, see the “Evaluation of Options” Clause for information on the procedure used by the Government to determine “fair and reasonable”.

6. EFARS 52.214-5000 ARITHMETIC DISCREPANCIES

(a) For the purpose of initial evaluation of bids, the following will be utilized in the resolving arithmetic discrepancies found on the face of Pricing Schedule as submitted by the bidder:

(1) Obviously misplaced decimal points will be corrected;

(2) Discrepancy between unit price and extended price, the unit price will govern;

(3) Apparent errors in extension of unit prices will be corrected;

(4) Apparent errors in addition of lump-sum and extended prices will be corrected.

(b) For the purpose of bid evaluation, the Government will proceed on the assumption that the bidder intends the bid to be evaluated on basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids.

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(c) These correction procedures shall not be used to resolve any ambiguity concerning which bid is low.

7. Additional Bidders Instructions: This is a solicitation for a Design-Build contract to Design and Build as Seismic

Retrofit of Building 5 and 7. The overall contract work shall consist of but not limited to design, engineering, construction, structural, mechanical, electrical, architectural, fire alarm system, fire protection systems, plumbing, windows, interior and exterior finishes, demolition and asbestos abatement. This Solicitation will be issued as a

100% Service-Disabled Veteran-Owned Small Business (SDVOSB) Procurement. This will be a Competitive

Request for Proposal (RFP), using the Best Value Trade-Off Process resulting in a fixed-price contract. The intent of this procurement is to award one contract, all of which will be a 100% set-aside for a Service-Disabled Veteran-

Owned Small Business.

Award of all Base Bid and selected Option Items will be made to one offeror. Offeror must propose on all items.

Failure to do so may cause the proposal to be determined “unacceptable”.

Performance Period: The Offeror shall complete and bid on all items in the Pricing Schedule Base Bid and Options, to correspond with the completion time in calendar days after receipt of notice to proceed as specified in the SF

1442.

The offeror shall distribute indirect costs (overhead, profit, bond, etc.) over all the items in the Pricing Schedule.

The Government will review all submitted Pricing Schedules for any unbalancing of the items. Any submitted

Pricing Schedule determined to be unbalanced may cause the proposal to be determined “unacceptable”.

The Contract Clause 52.232-27, “Prompt Payment for Construction Contracts” requires that the name and address of the contractor official, to whom payment is to be sent, be the same as that in the contract or in a proper Notice of

Assignment.

Payment of Electronic Funds Transfer (EFT) is the mandatory method of payment. The Contractors attention is directed to Contract Clause No. 52.232-34, ”Payment By Electronic Funds Transfer- Central Contractor

Registration”

Contractor is required to fill in Cage code (Reference Section 00600, entitled “Required Central Contractor

Registration” Mar 1998) and DUNS Number (Reference Section 00600), entitled, “Data Universal Numbering

System (DUNS) Number” Jun 1999) in Block No. 14 on Standard Form 1442, Name and Address Block (Cage Code under Code and DUNS No. under Facility Code respectively).

The successful offeror grants the options listed in the Pricing Schedules to the Government. This option may be exercised any time up to (120) calendar days after contract award. Exercise of the option occurs upon mailing of written notice to the Contractor by the Contracting Officer. The price for exercise of the option includes all work and effort associated with the scope of that item. No additional time for contract completion will be allowed when an option is exercised. The given contract completion time was formulated to include time necessary to perform all option work.

8. Per FAR 52.204.8, bidders must be registered in CCR (Central Contractor Registration) and ORCA (Online

Certification and Representation ) data bases.

SUBMITTAL INFORMATION FOR OFFERORS (RFPS)

The following documents must be returned with your offer, in the appropriate Phase.

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--The completed Standard Form 1442 with continuation pages, duly executed with an original signature by an official authorized to bind the company. Ensure that the firm’s DUNS or DUNS+4 Number is entered in the block with its name and address.

--Your acknowledgement of any and all Amendments to the solicitation in accordance with the instructions on the Standard Form 30 Amendment.

Note: If the 1442 and/or the pricing schedule was changed by amendment, be sure to use the amended pages when submitting your quote, bid, or offer.

--The completed Pricing Schedule with your proposed contract line item prices inserted in the appropriate spaces. Prices must be proposed for all contract line items and priced sub-line items. Unit prices are to be extended to the actual “dollar and cents” amounts (i.e., to two decimal places). Do not round off extended prices to the nearest dollar. Check your pricing submission very carefully for mathematical and clerical errors prior to submission. (To be provided by Phase II offerors only.)

--Your completed Representations, Certifications, and Other Statements of Bidders/Offerors (Section

00600). The Government will evaluated the technical approach to determine the extent to which it demonstrates (1) the Offeror’s understanding of the unique requirements and challenges of this project and

(2) the Offeror’s ability to schedule and integrate the major work elements, construction and close-out activities critical to meeting the contract performance schedule specified in the solicitation. As part of its evaluation, the Government may consider whether the Offeror’s approach to the scheduling/phasing of these major activities appears reasonable, realistic, and achievable. The Government may also consider whether the Offeror’s approach to scheduling/phasing of major activities reflects logical sequencing and progression of activities; inclusion of all of the important features of the work; milestones along the critical path, incorporation of time for Government activities such as submittal review; and appropriate consideration of recognizable constraints, including material and equipment lead times and the impacts on construction activities of adverse weather typical for the construction site. Offerors will receive a rating of no lower than

“Marginal”, as long as the offeror has made a reasonable attempt to respond to the proposal submission requirements. (To be provided by Phase II offerors only.)

--Your Bid Guarantee (e.g., Standard Form 24, “Bid Bond”. (To be provided by Phase II offerors only.)

--Any other documents required by the solicitation (see Attachments and/or Section 00110 for competitive

RFPs).

INQUIRIES

Prospective offerors should submit inquiries related to this solicitation in accordance with the following (collect calls will not be accepted):

(1) For inquiries of a contractual nature (solicitation requirements, interpretation of contractual language):

Contract Specialist: Rolando Camerino or Rick Vredenburg

Telephone: (415) 503-6959

FAX: (415)503-6694

(2) For information related to amendments, the dates for receipt of proposals please check http://www.fbo.gov.

(3) All technical questions on the specifications or drawings must be submitted in writing using one of the following:

http://www.fbo.gov/

San Francisco Veterans Affairs Medical Center

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MAILING ADDRESS:

Department of the Army

U.S. Army Engineer District, San Francisco

ATTN: PPMD, Ms. Yvonne LeTellier

1455 Market Street

San Francisco, CA 94103-1398

Phone: (415) 503-6744

E-MAIL: Yvonne.C.LeTellier@usace.army.mil

(4) Please include the solicitation number, the project title, the location of the project, the full name of your company and your telephone and FAX numbers in your correspondence. Written inquiries should be received by this office not later than 14 calendar days prior to the date set for receipt of offers.

(5) Oral explanations or instructions are not binding. Changes to the solicitation can only be made by an amendment to the solicitation.

(6) Bidder Inquiries. The bidder inquiry system is not available at this time. It will be available ONLY to Phase

II participants.

DIRECTIONS FOR SUBMITTING OFFERS

Envelopes/packages containing offers must be sealed, marked and addressed as follows:

MARK ENVELOPES/PACKAGES:

Solicitation No: W912P7-11-R-0015

Closing Date: 29 March 2012

Closing Time: 12:00 NOON Local Time

ADDRESS ENVELOPES/PACKAGES TO:

Department of the Army

U.S. Army Corps of Engineers, San Francisco District

ATTN: Contracting Division

1455 Market St. Suite 1741

San Francisco, CA. 94103

SPECIAL INSTRUCTIONS PERTAINING TO HAND-CARRIED OFFERS:

Hand carrier offers must be delivered to: The building lobby at 1455 Market St. San Francisco, CA.

Due to security precautions, offerors may not hand-carry their offers directly to Contracting Division.

Offers may NOT be turned in at the Security Desk or left unattended elsewhere in the lobby. Additionally, you are advised that there is no public parking in the building. The contract specialist will be in the building lobby 20 minutes prior to the closing time to accept hand-carried offers. Late offers will not be accepted.

Offerors who desire to hand-deliver their offers at an earlier time must notify the contract specialist in advance in order to be met in the building lobby by Contracting Division personnel. Please call (415) 503-6959 or 6986 to make such arrangements.

Please ensure that all courier and delivery personnel are aware of these procedures.

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AVAILABILITY OF CORPS OF ENGINEERS PUBLICATIONS

a. Corps of Engineers publications are available for inspection at the following location:

U.S. Army Corps of Engineers, San Francisco District

1455 Market Street

Engineering Division, District Library

San Francisco, CA 94103

Telephone Number (415) 503-6947

b. Construction Criteria Base (CCB). The Construction Criteria Base (CCB) system available through the

National Institute of Building Sciences includes copies of Corps of Engineers methods and specifications.

Documents that are available from this or other such sources will no longer be available directly from the Corps and should be obtained from those sources. Information about the CCB and ordering instructions can be obtained from:

National Institute of Building Sciences

1090 Vermont Ave., NW, Suite 700

Washington, D.C. 20005

Phone: 202/289-7800 (ask for CCB Information)

c. The Corps of Engineers manual, EM 385-1-1, Safety and Health Requirements Manual, is available on the

Internet at the following location:

http://www.usace.army.mil/inet/usace-docs/eng-manuals/em385-1-1/.

TELEGRAPHIC OFFERS

TELEGRAPHIC OFFERS ARE NOT ACCEPTABLE.

FACSIMILE BIDS/OFFERS

Facsimile bids/offers, modifications thereto, or cancellations of bids/offers will not be accepted.

PERFORMANCE AND PAYMENT BONDS (NOT REQUIRED FOR PHASE I)

The bidder/offeror whose bid/offer is accepted will, within the time established in the contract, furnish performance and payment bonds in accordance with FAR 52.228-15 located in Section 00700.

INDIVIDUAL SURETIES IN SUPPORT OF BID BONDS (NOT REQUIRED FOR PHASE I)

Bidders/offerors utilizing individual sureties in support of a bid bond shall include a Standard Form (SF) 28

(Affidavit of Individual Surety), accompanied by a pledge of acceptable assets from each person acting as an individual surety, and include these with the SF 24 (Bid Bond), and the bid itself (see clause titled "Pledges of

Assets," FAR 52.228-11).

Pledges of acceptable assets shall be in the form of (1) evidence of an escrow account and/or (2) a recorded lien on real estate. If this is an IFB, failure to provide pledges of acceptable assets, with the bid, in the specified form, accompanied by a properly executed SF 24 and SF 28, will render the bidder non-responsible and thus ineligible for award. If this is an RFP, failure to provide required documentation described herein may cause the offeror to be deemed "unacceptable".

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BID GUARANTEE FORM AND AMOUNT (NOT REQUIRED FOR PHASE I)

The offeror shall furnish a separate bid guarantee in accordance with the solicitation provision titled "Bid

Guarantee", FAR 52.228-1. In accordance with FAR 28.101-2 the bid guarantee amount shall be at least 20 percent of the "bid price" but shall not exceed $3 million. When the penal sum is expressed as a percentage, a maximum dollar limitation may be stated. If there are option line items on the Pricing Schedule (Section 00010), the term "bid price" is hereby defined as the total bid not to include any amount for line items designated as "options". In bids/proposals that contain "additives", the "bid price" is defined as the total of all bid items including additive line items. FAR 28.106-1 states that a Standard Form (SF) 24 shall be used for the bid bond. In accordance with FAR

28.202(a)(1), corporate sureties utilized must appear on the list contained in the Department of Treasury Circular

570 titled "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable

Reinsuring Companies."

ACCEPTANCE OF OFFERS (NOT REQUIRED FOR PHASE I)

A written award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

CLAUSES INCORPORATED BY REFERENCE

52.211-2 Availability of Specifications, Standards, and Data Item

Descriptions Listed in the Acquisition Streamlining and

Standardization Information System (ASSIST)

JAN 2006

52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2004

52.215-16 Facilities Capital Cost of Money JUN 2003

52.217-5 Evaluation Of Options JUL 1990

52.219-24 Small Disadvantaged Business Participation Program--Targets OCT 2000

52.225-10 Notice of Buy American Act Requirement--Construction

Materials

FEB 2009

52.236-28 Preparation of Proposals--Construction OCT 1997

52.252-5 Authorized Deviations In Provisions APR 1984

CLAUSES INCORPORATED BY FULL TEXT

52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008)

(a) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation

“DUNS” or “DUNS+4” followed by the DUNS number or “DUNS+4” that identifies the offeror's name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet, Inc. The

DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart

32.11) for the same concern.

(b) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number--

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

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(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Trade style, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm fixed-price construction contract resulting from this solicitation.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) 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:

Contracting Officer, U.S. Army Corps of Engineers, 1455 Market St. Suite 1741, San Francisco, CA. 94103.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the

GAO.

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, and 52.236-27 Site Visit will be included in any contract awarded as a result of this solicitation.

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Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Site visits may be arranged only for those contractors who move on to the Phase II solicitation.

The date/time of the site visit will be determined at a later date.

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.acqnet.gov

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

None.

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Department of Defense FAR Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

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SECTION 00110

PROPOSAL BASIS OF AWARD,

GENERAL SUBMISSION REQUIREMENTS AND INSTRUCTIONS,

PHASE I INSTRUCTIONS AND EVALUATIONS

TABLE OF CONTENTS

1. OVERVIEW

2. BASIS OF AWARD

2.1. ELIGIBILITY FOR CONTRACT AWARD

2.2. SOURCE SELECTION USING THE TRADE-OFF PROCESS

2.3. RELATIVE IMPORTANCE OF PRICE TO THE TECHNICAL EVALUATION FACTORS

2.4. EVALUATION OF THE PRICE PROPOSAL

2.5. THE TECHNICAL EVALUATION FACTORS

2.6. RELATIVE WEIGHTING OF THE TECHNICAL EVALUATION FACTORS

2.7. GENERAL TECHNICAL EVALUATION CRITERIA

3. GENERAL SUBMISSION REQUIREMENTS AND INSTRUCTIONS FOR A TWO-PHASE DESIGN-

BUILD PROPOSAL

3.1 GENERAL INSTRUCTIONS

3.1.1 MEDIA, PAGE SIZE, MARGINS, FONTS, AND PAGE LIMITATIONS

3.1.2 PROPOSAL BINDING

3.1.3 RESTRICTIONS ON OFFEROR-PROVIDED INFORMATION

3.2 GENERAL PROPOSAL PREPARATION

3.2.1 MARKING OF PROPOSAL VOLUMES

3.2.2 TABBING OF PROPOSAL VOLUMES

3.2.3 TABLE OF CONTENTS

4. PHASE-ONE PROPOSAL

4.1 BASIS AND INTENT …

4.2 FORMAT, CONTENTS, AND LIST OF TABS FOR THE TECHNICAL VOLUME

TAB 1 OF THE TECHNICAL VOLUME: FACTOR 1 – EXPERIENCE AND

CAPABILITY…………………………………………………………………………………………………………7

TAB 2 OF THE TECHNICAL VOLUME:: FACTOR 2 – PAST PERFORMANCE……………………………….12

4.3 DETAILED SUBMISSION REQUIREMENTS AND EVALUATION CRITERIA FOR THE TECHNICAL

PROPOSAL …………………………………………………………………………………………………………XX

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SECTION 00110 – PROPOSAL BASIS OF AWARD, GENERAL SUBMISSION

REQUIREMENTS AND INSTRUCTIONS, PHASE 1 INSTRUCTIONS AND

EVALUATION CRITERIA

1. OVERVIEW.

This is a "Best Value" solicitation for Department of Veterans Affairs, San Francisco VA Medical Center, Building

5 & 7 Seismic Upgrade Project. The Contracting Officer will award a firm fixed-price contract to the responsive, responsible Offeror whom the Source Selection Authority determines submits the proposal which strictly conforms to the solicitation, is fair and reasonable, and offers the best overall value to the Government, considering all non-price factors described herein, and price.

In accordance with FAR Subpart 36.3, this is a two-phase design-build selection process acquisition requiring two separate proposal submittals; a phase-one (non-price technical volume) proposal and a phase-two (price and technical volumes) proposal. Phase-one will consist of an evaluation of only non-price factors which include

Experience and Capability, and Past Performance of the offeror. Following completion of Phase-one, no more than five (5) of the most highly qualified offerors in phase-one will be offered the opportunity to submit a proposal under

Phase-two. Phase-two will consist of an evaluation of price and non-price factors which includes the offeror's

Technical Approach for the seismic retrofit of Buildings 5 and 7.

The Government does not intend to conduct discussions during Phase-one, nor request revised Phase-one proposals.

The Government reserves the right to conduct Phase-one discussions, if it deems such to be in its best interest. The

Government may communicate with an offeror to afford it the opportunity to respond to adverse past performance evaluations obtained from references on which it has not previously had an opportunity to comment.

2. BASIS OF AWARD.

Award will be made following completion of PHASE II to that responsive, responsible offeror based on strict application of the selection criteria described below.

2.1. ELIGIBILITY FOR CONTRACT AWARD

In accordance with the requirements of Part 9 of the Federal Acquisition Regulation (FAR), no contract shall be entered into unless the contracting officer ensures that all requirements of law, executive orders, regulations, and all other applicable procedures, including clearances and approvals, have been met. This includes the FAR requirement that no award shall be made unless the contracting officer makes an affirmative determination of responsibility. To be determined responsible, a prospective contractor must meet the general standards in FAR Part 9 and any special standards set forth in the solicitation.

2.2. SOURCE SELECTION USING THE BEST VALUE TRADE-OFF PROCESS – BASIS OF AWARD

a. In Phase I of this solicitation, the Government will review the unpriced technical proposals to determine the most highly qualified offerors in strict accordance with the Phase I Selection criteria. The selected offerors will proceed to Phase II of this solicitation. Each non-price evaluation technical factor and/or subfactor will receive an adjectival rating.

b. The offerors selected for Phase II will be requested to submit proposals using Phase Two evaluation factors which will be provided by amendment to this solicitation. In Phase Two, the Government will select the offeror that represents the best value to the Government by using the trade-off process described in FAR PART 15. This process permits trade-offs between price and technical (“non-cost”) factors and allows the Government to accept other than the lowest priced offer or other than the highest technically rated offeror . The award decision will be based on a comparative analysis and an integrated assessment of proposals against all source selection criteria in the solicitation.

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c. Proposals shall not use broad statements such as: “Offeror understands”, or “will comply with the specifications”, or statements paraphrasing the specifications, and general or overly broad statements such as “standard procedures will be employed” or “well known techniques will be used”. Proposals with these types of statements will be rated less favorably.

2.3. RELATIVE IMPORTANCE OF PRICE TO THE TECHNICAL EVALUATION FACTORS – NOT

USED DURING PHASE I

All evaluation factors other than cost or price, when combined, are approximately equal to cost or price. The

Government is concerned with striking the most advantageous balance between technical merit (“quality”) and cost to the Government (i.e., the price).

2.4. EVALUATION OF THE PRICE PROPOSAL – NOT USED DURING PHASE I

a. Price or cost to the Government will be evaluated and considered but will not be scored or combined with other aspects of the proposal evaluation. The proposed price will be evaluated for reasonableness in accordance with

FAR 15.404(b). Additionally, all offers will be analyzed for unbalanced pricing

b. Award of this contract is subject to the receiving proposals within the funds made available for this project. In the event price proposals, after negotiations, remain in excess of available funds, this solicitation will be cancelled.

2.5. EVALUATION OF THE TECHNICAL FACTORS

a. The Government will evaluate each offeror’s technical proposal based on how well the proposal addresses each of the evaluation factors, listed for Phase I and Phase II (if selected) . Each of the technical factors will be evaluated by the individual members of the Source Selection Evaluation Board (SSEB). Following the individual evaluation , using an adjectival rating and a performance risk rating, the SSEB will then determine a consensus rating. The SSEB will submit the consensus rating to the Source Selection Authority for review and approval in strict accordance with

FAR Part 15.

b. The evaluation factors correlate directly to the main organizational tabs identified in the proposal submission instructions in Section 00110. However, any information contained in the technical proposal can nonetheless be considered by the Government in its evaluation under any factor.

Phase-One Proposal.

(1) Factor 1: Construction Contractor & Designer Experience and Capability

(2) Factor 2: Construction Contractor & Designer Past Performance

Phase-Two Proposal.

(1) Factor 1: Technical Approach

2.6. RELATIVE WEIGHTING OF THE TECHNICAL EVALUATION FACTORS

The Technical Evaluation Factors are listed below in descending order of importance, as follows:

Factor 1 – Construction Contractor & Designer Experience and Capability is the most heavily weighted factor.

Factor 2 – Construction Contractor & Designer Past Performance is weighted less than Factor 1.

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2.7. GENERAL TECHNICAL EVALUATION CRITERIA.

a. Technical proposals which do not provide the specified information in the specified location in accordance with the submission instructions may be downgraded. The Government is under no obligation to search for information that is not in the specified location.

b. Proposals which are generic, vague, or lacking in detail may be downgraded. The proposal submission instructions are written to give prospective contractors, where feasible, an indication of the level of detail desired by the Government. The offeror’s failure to include information that the Government has indicated should be included may result in the proposal being downgraded and/or being found deficient if inadequate detail is provided.

c. Any prescribed page and formatting limitations, including restrictions on the number of “example projects” or

“resumes” to be provided, will be strictly adhered to and enforced by the Government. The Government will not evaluate any excess information resulting from the offeror’s failure to comply with the submission instructions.

Examples: If an offeror were to submit three pages in response to an item with a two page limitation, the information on the first two pages would be evaluated but the information on the third page would not be evaluated. If an offeror were to submit a fold-out sheet (e.g. 11”x17”) in response to a one-page limitation where fold-out sheets were not authorized, only the information that could reasonably have been submitted on one 8-1/2 x 11 inch sheet would be evaluated. If an offeror were to submit three 8-1/2 x 11 inch pages in response to a one not-to-exceed 11 x 17 inch page limitation, only the information that could reasonably have been submitted on one 11 x 17 inch sheet would be evaluated. If an offeror submitted alternates that were not requested (e.g. key personnel), the information will not be evaluated.

d. The degree of performance risk to the Government inherent in the offeror’s technical proposal will be a consideration under every evaluation factor.

e. A “deficiency” is a material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level. “Weakness” means a flaw in a proposal that increases the risk of unsuccessful contract performance. The

Government cannot accept an offer with a deficiency in its technical proposal. The term “acceptable” is therefore used in this context to describe a technical proposal that does not contain a deficiency and thus could be accepted by the Government, notwithstanding any weaknesses or significant weaknesses in the proposal.

3 GENERAL SUBMISSION REQUIREMENTS AND INSTRUCTIONS FOR A TWO-PHASE DESIGN-

BUILD PROPOSAL.

3.1 GENERAL INSTRUCTIONS.

3.1.1 Media, Page Size, Margins, Fonts, and Page Limitations.

Submit only the hard-copy paper documents and electronic files specifically authorized elsewhere in this section. Do not submit excess information, to include audio-visual materials, electronic media, etc. Do not include links to information on websites in lieu of incorporating the information physically into the proposal. Except where another size is specifically authorized for a specific submission, use only 8 1/2” x 11” paper. Use at least 1 inch margins, which may include headers and footers. Do not justify the right margin. Ensure that all text and graphics are clearly legible. Do not use a font size smaller than 10, unusual font styles such as script, or condensed fonts. For submissions with page limitations, the pages will be counted as follows: One side of the paper is one page;

information on both the back and front of one sheet of paper will be counted as two pages. Where authorized, a foldout sheet will count as one page. Pages furnished for organizational purposes only, such as a “Table of Contents” or divider tabs, are excluded from page limitations.

3.1.2 Proposal Binding.

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The preferred method for assembling proposals is a method that enables the rapid insertion or deletion of pages such as three ring binders. Ensure recommended capacity is not exceeded and that pages turn freely. Do not use spring clamps, spiral binding systems, or heat binding systems.

3.1.3 Restrictions on Offeror-Provided Information.

“Confidential” projects cannot be submitted to demonstrate capability unless all of the information required for evaluation as specified herein can nonetheless be provided to the Government as part of the offeror’s technical proposal. Offerors that include in their proposals information that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, must clearly mark the information in accordance with FAR 52.215-1, “Instructions to Offeror – Competitive Acquisition”, paragraph (e), “Restriction on disclosure and use of data”. Files shall not contain classified data.

3.2 GENERAL PROPOSAL PREPARATION

a. Phase-One Proposal.

(1) Factor 1: Construction Contractor & Designer Experience and Capability

(2) Factor 2: Construction Contractor & Designer Past Performance

b. Phase-Two Proposal.

(1) Volume I – Cost/Price Volume

(a) Proposal Cover Sheet

(b) Standard Form 1442, Acknowledgement of Amendments, Joint Venture Agreement

(c) Pricing Schedule

(d) Work Breakdown Structure

(e) Representation, Certifications, and Other Statements of Offerors

(f) Bid Guarantee

(g) Pre-Award Survey Information

(2) Volume II – Technical Volume

(a) Factor 1: Technical Approach

Each offeror must submit a phase-one proposal consisting of only a “technical” volume. Each selected phase-two offeror must submit a phase-two proposal consisting of both a “price” volume and a “technical” volume. For those

Offeror's selected to participate in PHASE-two, the price volume includes the signed offer and the offeror’s proposed prices, as well as other “pro forma” requirements. The PHASE two technical volume shall include all required information relating to the “non-price” evaluation factors, which may include both technical and management evaluation criteria. The two volumes must be submitted as separate, physically distinct volumes. For

PHASE–two, both volumes must be received at the location shown in Block 8 of Standard Form 1442, not later than the date and time specified in Block 13 of Standard Form 1442, as amended following completion of

Phase-one. The information in the two volumes is evaluated separately and independently. Therefore, all information intended by the offeror to be evaluated as part of the price proposal must be submitted as part of the price proposal.

All information intended by the offeror to be evaluated as part of the technical proposal must be submitted as part of the technical proposal. Do not merely cross-reference similar material between the technical and price proposals.

Information in the price proposal will not be considered in the technical evaluation, and vice versa.

3.2.1 Marking of Proposal Volumes.

Mark each volume as either the “Price Proposal” or the “Technical Proposal”. Additionally, mark the outside front cover of each volume with the project title and location, solicitation number, name and address of the offeror, and

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3.2.2 Tabbing of Proposal Volumes.

Offers are to be formatted and tabbed in accordance with the instructions that follow for each proposal volume.

3.2.3 Table of Contents.

Include a table of contents for each proposal volume.

4. PHASE-ONE PROPOSAL VOLUME: FORMAT AND

SELECTION CRITERIA- BASIS OF SELECTION

4.1 BASIS AND INTENT.

The intent of Phase I is to select not more than five most highly qualified offerors to proceed to Phase II of this two phase solicitation. The basis of selection of the most highly qualified offerors will be the quality of the proposals submitted utilizing solely the technical factors described below.

4.2 FORMAT, CONTENTS, AND LIST OF TABS FOR THE TECHNICAL PROPOSAL.

The Phase-one Technical Proposal is to be submitted in one hard “original” and six (6) copies, each individually packaged.