MOD | Y | MENTAL HEALTH PATIENT PARKING

FBO DAILY ISSUE OF MAY 21, 2010 FBO #3100
MODIFICATION

Y -- MENTAL HEALTH PATIENT PARKING

Notice Date: 5/19/2010
Notice Type: Modification/Amendment
NAICS: 238120 — Structural Steel and Precast Concrete Contractors
Contracting Office: Department of Veterans Affairs;Consolidated Contracting Activity;San Francisco VA Medical Center;4150 Clement Street;San Francisco CA 94121
ZIP Code: 94121
Solicitation Number: VA26110RP0125
Response Due: 6/15/2010
Archive Date: 8/14/2010
Point of Contact: Karen Smith
E-Mail Address: ct
Small Business Set-Aside: Service-Disabled Veteran-Owned Small Business
Description: Table of Contents PART I - THE SCHEDULE4 SECTION A - SOLICITATION/CONTRACT FORM4 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)4 INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS7 INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS.13 2.1 52.216-1 TYPE OF CONTRACT (APR 1984)16 2.2 52.222-5 DAVIS-BACON ACT--SECONDARY SITE OF THE WORK (JUL 2005)16 2.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)16 2.4 52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT --CONSTRUCTION MATERIALS (FEB 2009)18 2.5 52.228-1 BID GUARANTEE (SEP 1996)19 2.6 52.233-2 SERVICE OF PROTEST (SEP 2006)19 2.7 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)20 2.8 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)20 2.9 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008)21 2.10 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998)21 2.11 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)22 2.12 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) REPRESENTATIONS AND CERTIFICATIONS23 3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)23 GENERAL CONDITIONS28 4.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)28 4.2 52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEPT 2000)28 4.3 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)28 4.4 52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES (DEC 2004)30 4.5 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009)30 4.6 52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007)33 4.7 52.225-9 BUY AMERICAN ACT--CONSTRUCTION MATERIALS (FEB 2009)34 4.8 52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997)38 4.9 SUPPLEMENTAL INSURANCE REQUIREMENTS38 4.10 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008)39 4.11 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992)39 4.12 VAAR 852.211-74 LIQUIDATED DAMAGES (JAN 2008)40 4.13 VAAR 852.219-11 VA NOTICE OF TOTAL VETERAN-OWNED SMALL BUSINESS SET-ASIDE (DEC 2009)40 4.14 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)41 4.15 VAAR 852.236-74 INSPECTION OF CONSTRUCTION (JUL 2002)42 4.16 VAAR 852.236-76 CORRESPONDENCE (APR 1984)42 4.17 VAAR 852.236-77 REFERENCE TO "STANDARDS" (JUL 2002)42 4.18 VAAR 852.236-78 GOVERNMENT SUPERVISION (APR 1984)42 4.19 VAAR 852.236-79 DAILY REPORT OF WORKERS AND MATERIAL (APR 1984)43 4.20 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 1984)43 4.21 VAAR 852.236-82 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS) (APR 1984)43 4.22 VAAR 852.236-84 SCHEDULE OF WORK PROGRESS (NOV 1984)47 ADDITIONAL REQUIREMENTS FOR BAR CHART SCHEDULE47 4.23 VAAR 852.236-85 SUPPLEMENTARY LABOR STANDARDS PROVISIONS (APR 1984)48 4.24 VAAR 852.236-86 WORKER'S COMPENSATION (JAN 2008)48 4.25 VAAR 852.236-87 ACCIDENT PREVENTION (SEP 1993)49 4.26 VAAR 852.236-88 CONTRACT CHANGES--SUPPLEMENT (JUL 2002)49 4.27 VAAR 852.236-89 BUY AMERICAN ACT (JAN 2008)51 4.28 VAAR 852.236-91 SPECIAL NOTES (JUL 2002)52 4.29 VAAR 852.246-74 SPECIAL WARRANTIES (JAN 2008)53 4.30 VAAR 852.273-76 ELECTRONIC INVOICE SUBMISSION (Interim - October 2008)53 4.31 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)53 General Decision Number: CA100029 04/02/2010.............................................57 INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS (a) A bid guarantee is required in an amount not less than 20 percent of the bid price but shall not exceed $3,000,000. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for opening of bids, will require rejection of the bid in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then. (b) If the contract will exceed $100,000 (see FAR 28.102-1 for lesser amount), the bidder 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 Specification. Copies of SFs 25 and 25A may be obtained upon application to the issuing office. Cost Range: $1,000,000.00 to $5,000,000.00. (End of Clause) Scope of Work (SOW) "Mental Health Patient Parking Addition" Furnish all labor, materials, equipment/tools, and supervision to complete the Mental Health Patient Parking project #662-CSI-612, as shown on the drawings and specifications. All work must be completed within 180 calendar days after the Notice to Proceed. The parking structure is a partial below-grade, two-level, poured and pre-cast concrete structure to be built over an existing Parking Lot "A". The Mental Health Patient Parking Structure will have a capacity of approximately 170 parking spaces. The project demolition work will include site terrain, asphalt parking areas, removal or relocation of Building #33, and will include some architectural, structural, mechanical/ plumbing, and electrical. Work inside and outside of the construction project area(s) may need to be phased and completed as part of this project. 1. STATEMENT OF BID ITEM(S) A.ITEM I, GENERAL CONSTRUCTION: Work includes general construction, alterations, roads, walks, grading, drainage, electrical work, signage, elevator, landscaping, necessary removal of existing structures and construction and certain other items. B.ALTERNATE NO.1: Remove elevator, elevator shaft, pit, and machinery from scope. Construct additional parking spaces in that area. C. ALTERNATE NO. 2: Delete vehicle counter system, 6-inch fire main stub out, and emergency talk phone system. D. ALTERNATE NO. 3: Delete the removal of bldg 33 from Item I. VA will remove. E.ALTERNATE NO. 4: Remove concrete slab on grade at lower parking level and replace with AC paving. F. ALTERNATE NO. 5: Delete landscape improvements; replace construction-damaged landscaping to original state. PROPOSAL INSTRUCTION I. Offerors shall submit proposals in two parts a follows: A. Technical proposal, sent in electronic format to karen.smith3@va.gov B.Pricing proposals submitted electronic format to karen.smith3@va.gov and mailed to: VA Medical Center San Francisco Karen Smith Bldg. 6, Room 104 4150 Clement Street San Francisco, CA 94121 C. Pricing proposals to include: 1. Pricing for Base Bid and all Alternates 2. Labor and Material breakdown 3.Overhead, General & Administrative cost breakdown 4.Signed and completed SF 1442 5.Bid Bond 6.Dun and Bradstreet Number assigned to your firm. II. Technical proposals shall be submitted in accordance with the evaluation factors and sub factors listed on pages 11-13. IV. Pre-Proposal Conference - A Pre-Proposal Conference and Site Visit will be held on May 18, 2010 at the VA Medical Center San Francisco in the Auditorium from 8:00am to 10:00am. It is strongly suggested that offerors attend the Pre-Proposal Conference. III. Drawings and Specifications - All Drawings and Specifications are at the website listed below:. The FTP link below contains the required credentials to access your FTP site. Automatic Login FTP site link: ftp://s0520235526:8938001@ftptmp.stantec.com By clicking on the link above (or pasting the link into your browser) you will be automatically logged into your FTP site. Manual Login If your email system has disabled the link above, use the information provided below to log in: FTP link: ftp://ftptmp.stantec.com Login name: s0520235526 Password: 8938001 Expired Date: 5/20/2010 Disk Quota: 2GB PRICING PAGE BID ITEM NO. 1: GENERAL CONSTRUCTION: Total price for completion of Project # 662-CSI-612 Mental Health Parking Addition in accordance with drawings and specifications. BASE BID$______________________________ BID ITEM NO. 2: ALTERNATE ITEM NO. 1: Base Bid minus removal of elevator, elevator shaft, pit, and machinery from scope. Construct additional parking spaces in that area. Bid Alternate 1 Price$_______________________________ Adjusted Total Price$________________________________ BID ITEM NO. 3: ALTERNATE ITEM NO. 2: Base bid plus Alternate Deduct 1, (Minus) vehicle counter system, 6-inch fire main stub out, and emergency talk phone system. Bid Alternate 2 Price$________________________________ Adjusted Total Price$_________________________________ BID ITEM NO. 4: ALTERNATE ITEM NO. 3: Base bid plus Alternate 1 & 2 (Minus) the removal of Bldg. 33. Bid Alternate 3 Price$_________________________________ Adjusted Total Price$__________________________________ BID ITEM NO. 5: ALTERNATE ITEM NO. 4: Base bid plus Alternate 1,2 & 3 (Minus) the removal of concrete slab on grade at lower parking level parking leave and replace with AC paving. Bid Alternate 4 Price$___________________________________ Adjusted Total Price$___________________________________ BID ITEM NO. 6: ALTERNATE ITME NO. 5: Base bid plus Alternate 1,2,3, & 4 (Minus) Delete landscape improvements; replace construction-damaged landscaping to original state. Bid Alternate 5 Price$_____________________________________ Adjusted Total Price$______________________________________ NOTE: Award will be made on Bid item No. 1. In the event sufficient funding is not available award will be made on Bid item No. 2. In the event sufficient funding is not available award will be made on Bid item No. 3. In the event sufficient funding is not available award will be made on Bid item No. 4. In the event sufficient funding is not available award will be made on Bid item No. 5. BASIS FOR CONTRACT AWARD: The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforms to the solicitation by evaluating the following factors: "Price "Previous Experience "Key Personnel "Past Performance "Percentage of Work Completed by the SDVOSB Award will be made to an offeror on the basis of the lowest priced proposal meeting the technical acceptability standard. (In accordance with FAR 15.101-2) The Government intends to award without discussions with respective offerors. The Government, however, reserves the right to conduct discussions if deemed in its best interest. Furthermore, if discussions are to be conducted the Government will establish a competitive range. The competitive range shall be comprised of the most highly rated proposals, unless the range is further reduced for purposes of efficiency pursuant to FAR 15.306(c) (2). The evaluation process shall proceed as follows: 1. Technical Acceptability: The Government's Technical Evaluation Board (TEB) shall evaluate the offeror's technical proposal on a pass/fail basis. 2. Price: Award will be made to the offeror that proposes the lowest price and is determined to be technically acceptable. PROPOSAL SUBMITTAL INSTRUCTIONS Proposals shall be submitted electronically to karen.smith3@va.gov and hard copies sent to the Contracting Officer. See mailing address in Block 8 of the Standard Form 1442. Standard Form 1442 with blocks 14 through 20 properly filled-out by the offeror. PRICE. As a Lowest Price Technically Acceptable (LPTA) source selection, price is the discriminating factor for award among those offers that are technically acceptable. Offers that are not technically acceptable cannot be selected, regardless of price. Price is to be submitted in Block 17 of the Standard Form 1442. Documentation of Technical Acceptability: Technical acceptability will be based on the following factors: EVALUATION FACTORS 1. PREVIOUS EXPERIENCE. Identify the offeror's past and present corporate experience on similar projects constructing a partial below-grade, multi-level, poured and pre-cast concrete parking garage structure for the Federal Government, State Government or Private Industry. The qualifying project[s] must also fall within the same magnitude or greater. Provide evidence of minimum of 1 and maximum of 3 contracts completed or substantially completed (80%) within the last 5 years with the following information: oProject Description oContract Numbers oContract Values oLocation oType of Contract - Federal, State, Private oPoint of Contact (email address and phone number) oDate of the Contract ( for example 12-27-2009 through 2-2-2010) This factor is distinguishable from past performance evaluations under FAR 15.305(a)(2) which ascertains how well a contractor performed and by virtue of evaluating predecessor companies, key personnel, among other things. Whereas, this the factor determines whether the offeror has performed similar work. The assessment of this factor is based on corporate experience rather than the experience of key personnel. 2. KEY PERSONNEL. Identify the person(s) Superintendent, Safety Manager, and QA manager). Provide evidence (i.e. resume) of the following: "Superintendent must have a minimum of 3 years of experience. Identify experience managing or supervising projects of similar size and scope. Provide evidence that superintendent has experience managing subcontractors. In accordance with the clause below. The superintendent must be an employee of the Prime/General Contractor. The Government has not privity of contract with any subcontractor and therefore, cannot consider the subcontractor's employee as having authority to act for the Prime Contractor. 52.236-6 Superintendence by the Contractor. (Apr 1984) At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor. (End of Clause) If the person you are offering to be the superintendent is not a current employee of your company but intends to become one upon award of the contract, you must submit a letter of commitment from that person (signed by potential superintendent) to prove you will be hiring him/her and he/she intends to accept that position. "Safety Manager must have a minimum of three (3) years of experience. Resume shall include a listing of projects of similar size and scope on which this person was the safety/inspector. "Quality Control Manager must have a minimum of three (3) years of experience as a superintendent, inspector, QC manager, project manager, or construction manager, on similar size and type construction contracts which included the major trades that are part of this solicitation. 3. PAST PERFORMANCE. Offerors are required to demonstrate recent (within the last five years), successful performance under contracts (ongoing or completed) which are similar in scope, magnitude, and complexity to the subject requirement. The proposal shall include: a.Government Agency/Company which awarded contract to offeror b.Contract Number c.Description of Contract Scope d.Total Dollar Value e.Performance Period f.Place of Performance g.Contracting Officer/Procurement Official 1.Name 2.Email 3.Phone Number 4.Address Offeror Past Performance - The offeror's response to this factor will be evaluated as to its relevance and similarity to work under this project. The Government may contact the offeror's references for information and may review performance ratings on file for prior Government projects the offeror has performed. Past performance information obtained from sources other than those identified by the offeror may be used. All relevant facts and circumstances gathered from information from the offeror's listed references and other sources of information available to the Government (e.g., National Institutes of Health [NIH] Contractor Performance System [CPS] and Past Performance Information Retrieval System [PPIRS]) will be used to evaluate the offeror's overall past performance and quality of performance. If an offeror has not commented on negative past performance evaluations obtained by the TEB the offeror may be given the opportunity to clarify and/or mitigate adverse past performance during "exchanges" (clarifications, communications, or discussions) after receipt of proposals (FAR 15.306). If discussions are required, and past performance issues remain, these issues will be addressed during discussions. Offerors who do not have relevant past performance will receive a neutral rating (neither favorable nor unfavorable) (FAR 15.305)(a)(iv). 4.PERCENTAGE OF WORK COMPLETED BY THE SDVOSB. Offer must provide a percentage breakdown of the labor costs to be performed on the contract. Specifically, the offeror must indicate the percentage of work to be performed by the SDVOSB prime contractor, any SDVOSB sub-contractor and all other sub-contractors. This is a mandatory requirement; it should not exceed tow pages. (See FAR 52.219-14 and VA Notice of Total Service-Disable Veteran-Owned Small Business Set-Aside) The Prime any major subcontractor should be small businesses; otherwise the Prime runs the risk of violating SBA's Ostensible Subcontractor Rule. The VA has recently been provided the following guidance by SBA "under the terms of 13 CFR $121.103(h)(4), a contractor and its ostensible subcontractor are treated as joint venturers for size determination purposes. That section contains certain exclusions for joint venturers. The applicable provision is contained 13 CFR $121.103(h)(3)(i). That section provided that a joint venture may submit a proposal as a small business "without regard to affiliation... so long as each concern is small under the size standard corresponding to the NAICS code assigned to the contract. (END OF PROPOSAL SUBMITTAL INSTRUCTIONS) INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS 2.1 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) 2.2 52.222-5 DAVIS-BACON ACT--SECONDARY SITE OF THE WORK (JUL 2005) (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, Davis-Bacon Act, 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) 2.3 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 | Goals for female participation for each trade | for each trade ________________________________ | __________________________________ | 25.6 % | 6.9 % ________________________________ | __________________________________ These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office. (c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed. (d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the-- (1) Name, address, and telephone number of the subcontractor; (2) Employer's identification number of the subcontractor; (3) Estimated dollar amount of the subcontract; (4) Estimated starting and completion dates of the subcontract; and (5) Geographical area in which the subcontract is to be performed. (e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is (End of Provision) 2.4 52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT --CONSTRUCTION MATERIALS (FEB 2009) (a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American Act--Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9). Construction material, domestic construction material, and foreign construction material, as used in this provision, are defined in the clause of this solicitation entitled "Buy American Act--Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9). (b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer. (c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9. (2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost. (d) Alternate offers. (1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material. (2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies. (3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested-- (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or (ii) May be accepted if revised during negotiations. (End of Provision) 2.5 52.228-1 BID GUARANTEE (SEP 1996) (a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid. (b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.- (c) The amount of the bid guarantee shall be 20% percent of the bid price or $3,000,000.00, whichever is less.- (d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default. (e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference. (End of Provision) 2.6 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: Hand-Carried Address: Department of Veterans Affairs VA Medical Center San Francisco Consolidated Contracting Activity Building Six, Room 104 San Francisco CA 94121 Mailing Address: Same as above. (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of Provision) 2.7 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995) (a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed. (b) An organized site visit has been scheduled for- May 18, 2010@ 8:00am (c) Participants will meet at- VA Medical Center San Francisco, in the Auditorium (End of Provision) 2.8 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) Prime contractors are encouraged to assist service-disabled veteran-owned and veteran-owned small business potential subcontractors in obtaining bonding, when required. Mentor firms are encouraged to assist protégé firms under VA's Mentor-Protégé Program in obtaining acceptable bid, payment, and performance bonds, when required, as a prime contractor under a solicitation or contract and in obtaining any required bonds under subcontracts. (End of Provision) 2.9 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) (a) Any protest filed by an interested party shall: (1) Include the name, address, fax number, and telephone number of the protester; (2) Identify the solicitation and/or contract number; (3) Include an original signed by the protester or the protester's representative and at least one copy; (4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents; (5) Specifically request a ruling of the individual upon whom the protest is served; (6) State the form of relief requested; and (7) Provide all information establishing the timeliness of the protest. (b) Failure to comply with the above may result in dismissal of the protest without further consideration. (c) Bidders/offerors and contracting officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation. (End of Provision) 2.10 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998) As an alternative to filing a protest with the contracting officer, an interested party may file a protest with the Deputy Assistant Secretary for Acquisition and Materiel Management, Acquisition Administration Team, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, or for solicitations issued by the Office of Construction and Facilities Management, the Director, Office of Construction and Facilities Management, 810 Vermont Avenue, NW., Washington, DC 20420. The protest will not be considered if the interested party has a protest on the same or similar issues pending with the contracting officer. (End of Provision) 2.11 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee's authority. A copy of the designation shall be furnished to the contractor. (End of Provision) 2.12 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/index.html http://www.va.gov/oamm/oa/ars/policyreg/vaar/index.cfm (End of Provision) 52.215-1INSTRUCTIONS TO OFFERORS--COMPETITIVEOCT 1997 ACQUISITION ALTERNATE II (OCT 1997) 52.236-28PREPARATION OF PROPOSALS--CONSTRUCTIONOCT 1997 REPRESENTATIONS AND CERTIFICATIONS 3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238120. (2) The small business size standard is $14.0 million. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies. (2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes: [ ] (i) Paragraph (d) applies. [ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation. (c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated: (i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless-- (A) The acquisition is to be made under the simplified acquisition procedures in Part 13; (B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or (C) The solicitation is for utility services for which rates are set by law or regulation. (ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $100,000. (iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration. (iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-- (A) Are not set aside for small business concerns; (B) Exceed the simplified acquisition threshold; and (C) Are for contracts that will be performed in the United States or its outlying areas. (v) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold. (vi) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government. (vii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government. (viii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas. (A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard. (B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard. (ix) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas. (x) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity. (xi) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity. (xii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items. (xiii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (xiv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items. (xv) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1. (xvi) 52.225-4, Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225-3. (A) If the acquisition value is less than $25,000, the basic provision applies. (B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies. (C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies. (xvii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5. (xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. (xix) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to-- (A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and (B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns. (2) The following certifications are applicable as indicated by the Contracting Officer: [ ](i) 52.219-19, Small Business Concern Representation for the Small Business Competitiveness Demonstration Program. [ ](ii) 52.219-21, Small Business Size Representation for Targeted Industry Categories Under the Small Business Competitiveness Demonstration Program. [ ](iii) 52.219-22, Small Disadvantaged Business Status. [ ](A) Basic. [ ](B) Alternate I. [ ](iv) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products. [ ](v) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification. [ ](vi) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services--Certification. [ ](vii) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only). [ ](viii) 52.223-13, Certification of Toxic Chemical Release Reporting. [ ](ix) 52.227-6, Royalty Information. [ ](A) Basic. [ ](B) Alternate I. [ ](x) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software. (d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. ------------------------------------------------------------------------ FAR Clause #TitleDateChange ------------------------------------------------------------------------ ---------------------------- ------------------------------------------------------------------------ Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA. (End of Provision) GENERAL CONDITIONS 4.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 180 calendar days after award. The time stated for completion shall include final cleanup of the premises. (End of Clause) 4.2 52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEPT 2000) (a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of "actual damages" for each calendar day of delay until the work is completed or accepted. (b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause. (End of Clause) 4.3 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009) (a) Definitions. As used in this clause- Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority. Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity. (b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following: (1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract. (2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract. (3) For long-term contracts- (i) Within 60 to 120 days prior to the end of the fifth year of the contract; and (ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter. (c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/. (d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees. (e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update. (f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause. (g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed: The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 238120 assigned to contract number. [Contractor to sign and date and insert authorized signer's name and title]. (End of Clause) 4.4 52.222-39 "RESERVED"
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/VA/SanFVAMC/VAMCCO80220/VA26110RP0125/listing.html)
Record: SN02153528-W 20100521/100519234401-c719a242b362c19e3b6ef97321a427a1 (fbodaily.com)
Source: FedBizOpps Link to This Notice
(may not be valid after Archive Date)

| FSG Index | This Issue's Index | Today's FBO Daily Index Page |

Loren Data's SAM Daily™

Y -- MENTAL HEALTH PATIENT PARKING