Inactive Service-Disabled Veteran-Owned Small Business (SDVOSB) Set-Aside (FAR 19.14)

Sources Sought The National Cemetery Administration (NCA) Southeast District is currently seeking firms with the ability to provide a Design-build Project Section K Drainage Improvements - Puerto Rico... Sources Sought The National Cemetery Administration (NCA) Southeast District is currently seeking firms with the ability to provide a Design-build Project Section K Drainage Improvements - Puerto Rico at the National Cemetery, 50 Avenida Cementerio Nacional, Bayamon, Puerto Rico, 00961. Please Read the Scope of work below in its entirety and respond with LOS information. Businesses responding shall indicate their socio-economic status for example: Veteran owned small business, service-disabled veteran owned small business, HUB Zone, 8A, Woman Owned etc. The Small Business Administration website has the small business defined: http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm. Respondents shall indicate their status as a foreign-owned or foreign-controlled firm and any contemplated use of foreign national employees on this requirement. All Vendors must be registered in the System for Award Management (SAM) and VIP Vendor Information Portal  under the correct NAICS code. https://www.sam.gov/portal/SAM/#1 Vendors Claiming Service Disable Veterans Own Small Business (SDVOSB) or Veteran Own Small Business (VOSB) must be certified in the VETBIZ database. http://www.vetbiz.gov/ The NAICS code for this source sought is NAICS Code 237990 Other Heavy and Civil Engineering Construction   Size standard 45K and/or the government reserves the right to consider a SDVOSB, VOSB or small business set-aside based on responses to this source sought. All information submitted by respondents to this source sought synopsis is voluntary. This source sought notice is not to be construed as a commitment by the Government, nor will the Government reimburse any costs associated with the submission of information and Quotes in response to this notice. Respondents will not individually be notified of the results of any Government assessments. The Government s evaluation of the capability documentation received will factor into any possible forthcoming solicitation. Please fill out the below LOS  and submit with the Sources Sought response.: VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION) (a) Pursuant to 38 U.S.C. 8127(l)(2), the offeror certifies that (1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows: (i) [] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219 73 or certified VOSBs listed in the SBA certification database as set forth in 852.219 74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6. (ii) [X] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219 73 or certified VOSBs listed in the SBA certification database as set forth in 852.219 74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted. (iii) [] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219 73 or certified VOSBs listed in the SBA certification database as set forth in 852.219 74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted. (2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution. (3) If VA determines that an SDVOSB/ VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following: (i) Referral to the VA Suspension and Debarment Committee; (ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and (iii) Prosecution for violating 18 U.S.C. 1001. (b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed. (c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate. (d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award. Certification I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror]. Printed Name of Signee: ___________ Printed Title of Signee: _____________ Signature: ____________ Date: ______________ Company Name and Address: _______________                                                                WARNING: Severe Penalties for Contractors that violate the Limitations on Subcontracting Rule: If caught during the performance violating the FAR government subcontracting rules or limitations on subcontracting clause under the Code of Federal Regulations 13 C.F.R. 125.6(g), there can be stiff penalties: Whoever violates the requirements set forth in paragraph (a) of this section shall be subject to the penalties prescribed in 15 U.S.C. 645(d), except that the fine shall be treated as the greater of $500,000 or the dollar amount spent, in excess of permitted levels, by the entity on subcontractors. A party's failure to comply with the spirit and intent of a subcontract with a similarly situated entity may be considered a basis for debarment on the grounds, including but not limited to, that the parties have violated the terms of a Government contract or subcontract pursuant to FAR 9.406-2(b)(1)(i) (48 CFR 9.406-2(b)(1)(i)).  Contracting Officers may require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during the performance of the contract by having the Contractor provide invoices, copies of subcontracts, or a list of the value of tasks performed. Capability statement as it pertain to the Performance Scope of work  are Highly encouraged. Responses are encouraged as they will assist on set aside for social economic group. Interested individuals shall provide a capability statement, to include complete address, phone & fax number of contacts. All emails from interested parties must be received by Friday , 02/21/2021 NLT 10:00 am EST. Interested parties must submit an answer to the Limitation of Subcontracting (LOS)  incorporated In this Sources Sought. Interested parties submitting quotes must be certified and active in the Vendor Information Portal (VIP) system at the time of the RFQ submission. https://vip.vetbiz.va.gov/government-home/ Interested parties must be registered under the applicable NAICS code for this requirement in System for Award Management (SAMS) at the time of the RFQ submission. https://beta.sam.gov/content/home Scope of Work Overview General Intent This scope of work is for a design-build project. The prime contractor, otherwise known herein as the Contractor, will be responsible for professional services for delivering the project design as well as construction of the agreed upon construction project. All work must meet NCA Design guide standards, VA Construction and Safety Requirements, OSHA, EPA, and Puerto Rico Department of Environmental Protection standards. Project Scope Provide all labor, materials, tools and equipment, design, and construction services necessary for design and construction of a project described herein and other specific tasks as further defined by this request for proposal (RFP). Contractor to review existing conceptual design, geotechnical report, and specifications, fully investigate, obtain reports, and survey elevations/headstones/storm lines/systems/etc., as required, to eliminate water ponding within the existing cemetery section. Work entails precise removal, identification / tagging, and replacement of existing flat headstones. Due to space constraints and required headstone storage, Contractor shall phase construction. After award, but prior to the start of any work, the Contractor shall contact the Contracting Officer Representative (COR)/Project Manager to review proposed methods, plans, and design for completion of work and to review project staging, and project phasing, and safety and health requirements. Field work may not commence until these plans have been approved as detailed below. Work within existing burial sections and specifically removal of headstones requires notification to the next-of-kin family member by Cemetery staff. Project phasing should consider a 30-day notification process. The Contractor shall obtain all environmental and other necessary permits that would be required prior to construction commencing. Material and product submittals as well as shop drawings to be submitted to VA for review prior to starting any work. General Requirements General Requirements See Specification Section 01 00 02 GENERAL REQUIREMENTS (MINOR NCA PROJECTS) General Scope Items The following is a list of general scope requirements: 1. Meet with NCA Cemetery staff, review conceptual drawings and specifications, and perform field work necessary to determine required final design, labor, materials, and equipment. 2. When conflict exist between documents the order of precedence shall be specifications then drawings. Any conflicts shall be identified to the COR and be resolved using the RFI process to allow for proper documentation and correction as necessary. 3. Permitting (external to VA): a. All construction permits and waivers are the responsibility of the Contractor. This includes, but not limited to all applicable environmental, National Pollutant Discharge Elimination System (NPDES) Permit - EPA Region 2 Construction General Permit (CGP), and local permits. b. Coordinate and obtain State Historic Preservation Office (SHPO) concurrence prior to the start of construction. NCA Historic Architect shall initiate consultation with the SHPO, tribal organizations, and any other stakeholders identified as having interest in the project. The Contractor s Architect / Engineering (A/E) professional shall prepare project cover memo, description, maps, project elements, concept drawings, Puerto Rico Section 106 Project Review consultation form, and other initial documents to support the NCA Historic Architect for notification of intent without adverse action to the Puerto Rico SHPO. 4. All field work shall be scheduled at least 72 hours in advance with NCA Cemetery management. 5. Design and construction to meet latest edition of all applicable building codes, NCA specifications, NCA Design Guide, and VA Design Manuals. 6. Host and provide agenda for milestone design reviews and weekly construction coordination meetings. Meeting minutes shall be distributed within two (2) business days after the meeting. 7. Contractor shall utilize an electronic review and correction tracking system to review design comments and respond. 8. Utilize a project management software for meeting minutes and all contractor record keeping such as Procore © or approved equivalent. Outlook, Excel and other manual management systems are NOT acceptable. 9. All work shall be performed in accordance with OSHA regulations. 10. Submit baseline schedule, schedule of values (cost schedule), bonding, insurance, and resume and certification(s) of key personnel 10 days following award. 11. Submit monthly schedule updates along with progress payment request. 12. Submit monthly waste disposal and diversion form along with progress payment request. Management Requirements The Contractor shall be solely responsible for the management, including all associated labor, equipment, materials, mailing costs, and inspection, to meet the requirements of the project. The following are identified as Key Personnel: Overall Project Manager Design Project Manager Construction Project Manager Project Site Superintendent OSHA Competent Person / Site Safety Officer, may be additional duty Quality Control Manager, may be additional duty A/E Designer of Record A/E Field Representative Project Management The Contractor must have a Program/Project manager to provide project communications and monitor progress of design, construction, and overall quality of deliverables. Supervision The Contractor must have a superintendent fluent in English and Spanish on the job site during working hours. The Superintendent must have a minimum of 5 years of experience as a Superintendent on previous projects of similar size and complexity. The Superintendent may serve as the Site Safety and Health Officer. Provide a Superintendent Resume for the proposed on-site Project Superintendent describing experience with references and qualifications to the Contracting Officer for approval. The Contracting Officer reserves the right to interview the proposed on-site Project Superintendent at any time in order to verify the submitted qualifications. Work Location and Restrictions The work site location is at the Puerto Rico National Cemetery, 50 Avenida Cementerio Nacional, Bayamon, Puerto Rico, 00961. Office operating hours are Monday through Friday, 8:00 am 4:00 pm. Office is closed Federal Holidays except Memorial Day and Veterans Day. Cemetery visitation hours are daily 7:30 am 5:00 pm. Work shall not be performed on Memorial Day or Veterans Day and should be reduced in the days preceding due event preparation and high cemetery visitation. Work outside the cemetery s operating hours require 72-hour notice and approval by the COR. See General Requirements Specification Section 01 00 02 and Dignity Standards contract clause. List of Attachments The following list of documents are attached to this SOW for Contractor use and incorporation into the project documents: 1. Project Milestone outline 2. 871CM3033 Storm System Design Conceptual Drawings 3. 871CM3033 Storm System Design Project Manual / Specifications / Geotechnical Report 4. Puerto Rico National Cemetery GIS data files 5. 871CM3033 AutoCAD Design data files 6. Sample Forms Transmittal Form (4025) Submittal Register (4288) Quality Control Reports (4296) Contractor Production Report Contractor Quality Control Report Government Quality Assurance (QA) Report Initial Phase Checklist Preparatory Phase Checklist Rework Items List Testing Plan and Log RFI Form (6108) Activity Hazard Analysis (6206) Accident Prevention Plan (6293) Solid Waste Disposal and Diversion Note above is not an exhaustive list of required and/or available forms. Contractor s Architect/Engineer (A/E) Requirements Required Disciplines and Expertise The Contractor shall engage the services of all A/E consultants in each discipline deemed to be necessary to fulfill the requirements of the project plan, permitting, and regulatory compliance. Each discipline shall document and investigate the relevant existing conditions, review available information, and verify all essential elements pertinent to their discipline. Site investigations shall measure, photograph, and document the conditions of areas to be renovated and/or impacted. The A/E shall visit the project site to investigate the information shown on the Government Furnished drawings, record (as-built) drawings and other planning documents which are part of this contract. This information is the best available, but the Government does not guarantee its accuracy or completeness. The A/E's investigation of field conditions shall be performed in a competent professional manner in accordance with the NCA Design Manual and other applicable NCA/VA requirements. It is the A/E's responsibility to research the existing Government documents, determine those that are applicable to the project and request copies from the Government; the Government will not perform a search of Government documents to determine the information that the A/E may need during design. General Design Considerations Site Investigation In the design build process, site investigation will be divided into review of existing concept design data and additional Contractor obtained testing. The testing and the required milestones to reach them can be found in milestone outline in Attachment 1. The milestones are defined by the Design percent complete and approval of the required submittals for the activity. Design Within Funding Limitations The design shall be prepared by the Contractor s A/E. It is anticipated that the design and some construction activities may be occurring simultaneously throughout the period of performance. All of the design and construction requirement of the project shall not exceed the project s estimated cost. This price includes design, construction, construction management, contingency, portable equipment, impact costs for any portion of the project. A detailed cost analysis shall be provided as a deliverable document of this contract to ensure meeting the cost goal. The final construction cost estimate determined at the completion of construction documents will represent the most probable low bid . The Design Build team is responsible for establishing internal controls for keeping the total design build project cost within the projected funding limits the A/E will be required to revise design and resubmit cost estimates as necessary (at no cost to the VA) should cost estimates exceed construction funding. Design Criteria The VA Technical Information Library (TIL) available at https://www.cfm.va.gov/til/NCA.asp and https://www.cfm.va.gov/til/catalog.asp is managed by the VA Office of Construction and Facility Management and is the master repository for all VA Numbered Standards for Construction to include design and construction specifications, procedures, standard details, BIM/CAD standards, equipment guides, space planning and design guides. The documents of the TIL shall be the minimum design criteria for all VA projects performed in the construction of new facilities and the modernization, alteration, addition, or improvement of its real property. All design documents shall be developed in accordance with the VA TIL, including (but not limited to) the following listed Department of Veterans Affairs References: PG-18-1 / Edited for NCA Projects Master Construction Specifications PG-18-3 Design and Construction Procedures [Including but not limited to: Codes, Standards, and Executive Orders] PG-18-4 / CAD Standard Details and CAD Standards PG-18-10 Design Manuals (by discipline) [Including but not limited to: Guiding Principles checklists as indicated for NRM Projects in Sustainable Design Manual, Life Cycle Cost Analysis] National Cemetery Administration (NCA) Design Guide https://www.cfm.va.gov/til/nca/dgNCA.pdf PG-18-12 Design Guides (graphical, by function) PG-18-15 Volume D Minimum Requirements for A/E Submissions National Cemetery Projects PG-18-17 Environmental Compliance Manual H-7545 VA Cultural Resource Management Procedures Where conflicts exist between VA adopted codes and standards and the documents on the TIL, the A/E shall bring this to the attention of the VA. The resolution of the conflict shall be made by the authority having jurisdiction for VA to ensure consistency department wide. A/E shall use latest references released at time of award. Revisions during project execution need not be incorporated unless stated otherwise by the project engineer for a change critical to the scope (i.e. specification/reference effectivity date is contract award date unless critical changes are flowed down). Design Collaboration The A/E during this design project shall collaborate with the NCA Design and Construction Service, NCA Southeast District engineering staff, and the onsite cemetery personnel as required. Responsibility After Design Completion The A/E is required to support the Design Build team should errors or omissions in the documents create problems in this contract. As needed, the A/E will clarify the design intent and correct any errors or omissions in the original documents. The corrections shall be done in a timely manner at no additional cost to the Government. The A/E shall incorporate amendment changes on the original drawings and/or CAD drawings when requested to do so after the bidding process at no extra cost to the Government. In addition, the A/E shall incorporate amendment changes on the submittal registers and submit on a CD labeled with the project title, location, and construction contract number. If clarifications are required, the A/E will prepare the required amendment. Submittals Design submittals shall follow the requirements of Program Guide, PG-18-15, Volume D A/E Submission Requirements for National Cemetery Administration Projects. The A/E shall deliver design submittal documents that follow the iterative phase breakdown for design work in PG-18-15 Volume D and as additionally specified below. Specific requirements for each discipline/work product listed under each phase can be found in PG-18-15 Volume D; it is expected for the phase of design that each of the applicable items listed in the SD/DD/CD columns will be completed for the submittal. The A/E shall attend a review meeting following each design submittal as indicated under the Project Schedule section of this Scope of Work. Each new submittal will incorporate all VA comments from the previous submittal. The following submittals will be required for this project (minimum): 1. Design Quality Assurance/Quality Control (QA/QC) Plan 2. Basis of Design (BD) In the requirements in PG-18-15 Volume D, a Basis of Design report is required. Basis of Design is a narrative presentation of facts, sufficiently complete, to demonstrate that the project concept is fully understood, and that subsequent design details, and their ultimate presentation in the final drawings and specifications, will be based on sound architectural and engineering decisions. Document shall include preliminary Stormwater Design Calculations. Important changes to Government provided Conceptual Design (CD) 30% shall be annotated in this document. 3. Design Development (DD2) 65% Requirements of both DD1 and DD2 submissions shown in PG 18-15 Volume D will be consolidated into a single submission. 4. State Historic Preservation Office (SHPO) documentation. 5. Construction Documents (CD1) 90% 6. Final Construction Documents (CD2) 100% Design Documentation. Refer to the NCA Design Guide for requirements related to size, format, standards, labeling, etc. Drawing Sheets. All drawings sheets shall use the standard VA/NCA title block. Sheet size is 30 x 42 . The title block will contain the following information -- Project Title: Section K Drainage Improvement; Location: Puerto Rico National Cemetery, 50 Avenida Cementerio Nacional, Bayamon, PR 00961; Project Number: 871CM3033 Submittal Distribution Submittals shall include electronic format and hard copy formats as listed below. Portable Document Format (.pdf) along with the native document format Microsoft Office Suite formats (.doc, .xls, and .ppt), Microsoft Project (.mpp) and Autodesk and Civil3D (.dwg) files are required. Recipients NCA POC Design Drawings Specifications/ Studies/ Reports/ Calculations/ Cost Estimate / Other Project Manager 1 set (e-file) 1 set (e-file) CD/DVD at Bid Documents* NCA DCS Review Staff (3) 1 set (e-file) 1 set (e-file) District Engineer 1 Half-Size Set 1 set (e-file) 1 set (e-file) CD/DVD at Bid Documents* Cemetery Director 1 Half-Size Set 1 set (e-file) 1 Full-Size Set at Bid Documents* 1 set (e-file) CD/DVD at Bid Documents* Color Board Cemetery Development and Improvement Service 1 set (e-file) 1 set (e-file) NCA Crypt Engineer 1 set (e-file) 1 set (e-file) Contracting Officer 1 set (e-file) 1 set (e-file) CD/DVD at Bid Documents* *Note: Electronic set is the final set that will be submitted with all pr