SOLICITATION NOTICE
Z -- 626-24-204 - Update / Upgrade Steam System Components
- Notice Date
- 9/12/2024 5:53:40 AM
- Notice Type
- Solicitation
- NAICS
- 238220
— Plumbing, Heating, and Air-Conditioning Contractors
- Contracting Office
- 249-NETWORK CONTRACT OFFICE 9 (36C249) MURFREESBORO TN 37129 USA
- ZIP Code
- 37129
- Solicitation Number
- 36C24924B0011
- Response Due
- 9/18/2024 12:00:00 PM
- Archive Date
- 10/18/2024
- Point of Contact
- Jen Jamieson, Contract Specialist
- E-Mail Address
-
jen.jamieson@va.gov
(jen.jamieson@va.gov)
- Awardee
- null
- Description
- Protest Questions and Answers 626-24-204 Update Steam System Components Project Location: VA Tennessee Valley Health Care System 1310 24th Ave S, Nashville, TN 37212-2637 Specifications and Answer to RFI 62. This is inappropriate as the awardee contractor will be bound to comply with all of the specifications contained in the contract which are in contradiction with one another and include requirements far outside of the scope of this project. For example, the Specifications contain all possible training, testing, commissioning, and construction requirements for every structure and system at the Tennessee Valley Healthcare System. The Specifications further contain Spec Writer Notes that give instructions to the specification writer to select the appropriate requirements during the design process. Contrary to the VA s answers to RFIs, it is not for a construction contractor to discern what is relevant to this project. The duty to define the VA s requirements lies with the VA. Q62) The Specifications contain many references to Spec Writer Notes , that appear to instruct the VA writer to select appropriate requirements. Additionally, the Specifications are all inclusive of every possible construction project at the facility and include requirements that are well beyond the scope of this project. Please provide project-specific Specifications. A62) Specs were included for all possible scenarios and situations the contractor may encounter during contraction (sic). Refer only to the relevant specs for the assigned task. Protest follow up question- This response does not clarify the VA s requirements but instead puts the burden on bidders to determine which portions of the 1,173 pages, including the provisions following the three hundred ninety (390) Spec Writer s Notes, apply to this project. The bidders have no way to determine what is applicable. Further, there is no method by which the bidders address which portions they believe are appropriate or eliminate those requirements that are not. Ultimately, if these Specifications are incorporated into the award, the awardee will be bound to obtain training, test, and commission systems in all possible scenarios and situations, which is well outside of the scope of this project. The Specifications must be paired down to reflect the VA s actual requirements for this project. COR F/U Response- Spec Writer Notes are just that, notes. The Spec Writer verbiage does not impact the contractor s ability to bid on the work items detailed in the SOW and attachments. Verbiage has been removed and updated Specifications provided in this email that do not contain this verbiage (see attached). Detailed VA Requirements for what the contractor is to accomplish are outlined in the Scope of Work and Attachments; updated Specifications support these documents. All items in specifications are not applicable to the project. Incorporate items in Specifications based on the SOW. Q70) Much more information is needed to properly price the work required. I feel like I am missing part of the documents. Is this 100% design build and we need to hire an engineer to design the piping revisions and repairs required. In Part IV note 3 it states that PE stamped drawings are not required for this project, but there is significant missing information. A70) All reports, and available information has been provided. Protest follow up question-The scope of work is ambiguous and specific information to bid the project is non-existent. The only way to accurately bid this project would be for the Contractor to hire a PE to produce a design to fill in the missing information on pipe sized, locations, connection points, and routing. COR F/U Response- Contractors have sufficient information to bid this project. PE stamps are not required on this project and are at the sole discretion of the Contractor if the contractor wants to consult a PE to confirm sizing, etc. Q72) To perform the work listed in the SOW or the work Recommended on Attachment 8 we need existing and new piping sizes, routing drawings and details to properly price the work. For example, there are several notes in the scope of work that say, Upsize piping as required. I didn t find anything detailing what size the pipe is now and what size the pipe needs to be upsized to. A72) Piping sizes are to be field verified by the contractor. Protest follow up question-To verify pipe sizes the contractor must remove insulation from the pipe before the bid. Destructive investigation is not allowed before the bid from our understanding. Further this is not listed as a design build project. The VA must provide the contractor with information as to what pipe size is needed and what pipe size exists to allow for a fair bidding process. COR F/U Response- Existing Pipe sizes have been provided in the drawings and were visible during the pre-bid walk. Destructive investigation is not needed to determine/verify sizing of piping. ALL Contractors were afforded the opportunity to verify piping without destructive investigation. Q73) There are some comments about installing a new condensate pump and I see model and details for some condensate pumps. Which pump is to go in which location? Same with Flash Tanks. Scope notes to install properly sized flash tank at pumping station. What is the proper size for the flash tanks? A73) Condensate pumping station locations are called out in the SOW. Please refer to the SOW. Flash tank sizes are to be installed following industry standard and sizing guidelines. Protest follow up question-Sizing flash tanks requires complex calculations and often proprietary software. This is information that the VA should provide to the contractors for bidding purposes to allow for a fair bidding process. This is not listed as a design build project. If that is what the VA wants, then the VA should resolicit this project as such. The VA s response does not provide sufficient information to answer the question. Flash tank sizing requires specific information to permit a licensed engineer to perform complex calculations, often performed using proprietary software. There is not sufficient information in the Solicitation for bidders to complete the calculations ... (Protest provided general process for sizing flash tanks) to determine the proper size flash tank required. Certainly upsizing piping will also affect these calculations and bidders do not have sufficient information to know what upsizing means. The SOW does not identify the type or location of condensate pumps required. For example, the SOW directs bidders to install a properly sized electric condensate return system that is only further described as a properly sized condensate skid and proper vent installation. No additional information is provided regarding what constitutes a proper skid or ventilation that is required. The ambiguity implies the VA intends for the awardee to engineer a solution. COR F/U Response- Bidders can consult with a contractor that has access to proprietary software or a PE to assist in obtaining the solution that meets the VA s requirements at the sole discretion of the Contractor. SOW and attachments provide sufficient information to bid this project. Q74) The scope of work note 3 states to Repair the pumping mechanism on trap and correct piping. Upsize as required. What needs to be repaired and what is the pipe correction required? What is the size of the existing and what is the upsize? A74) Pumping mechanism s operation is to be diagnosed and repaired by contractor. Piping sizes are to be field verified by the contractor. Protest follow up question-This is another instance of extreme ambiguity in the documents provided. It is not possible to quantify the piping sizes without destructive investigation. Also, the VA must provide the pipe sizes they want this pipe upsized to so that the VA ensures that they are getting what they need. It is not a design build job or the contractor s responsibility to engineer this. It is not possible to quantify the piping sizes or identify what pumping mechanism needs to be repaired or what is wrong with it without destructive investigation. Additionally, bidders do no know what size the piping needs to upsize to, as the VA has not indicated its requirements for new piping. There is no way for bidders to fully understand the VA s requirements without all relevant information. The ambiguity implies the VA intends for the awardee to engineer a solution. COR F/U Response- Bidders can consult with a contractor that has access to proprietary software or a PE to assist in obtaining the solution that meets the VA s requirements at the sole discretion of the Contractor. SOW and attachments provide sufficient information to bid this project. Q75) SOW note 4 separate return lines. Upsize as required. How do they need to be separated? Can you provide more information? A75) low and medium pressure return lines are to be separated from one another from the main condensate return system. Piping to be upsized as determined on site. Protest follow up question-This is another instance of extreme ambiguity in the documents provided. Also, the VA must provide the pipe sizes they want this pipe upsized to so that the VA ensures that they are getting what they need. It is not a design build job or the contractor s responsibility to engineer this. If pipe sizing is to be determined on site, is the VA going to provide a change order for the contractor to hire and engineer to size this piping? COR F/U Response- Bidders can consult with a contractor that has access to proprietary software or a PE to assist in obtaining the solution that meets the VA s requirements at the sole discretion of the Contractor. SOW and attachments provide sufficient information to bid this project. Q76) SOW note 5 separate high and low-pressure return lines. Upsize as required. How do they need to be separated? What size pipe is the existing and the new upsize? A76) low, med, and high pressure return steam need to be piped separately and the piping configuration upsized as required by code. Protest follow up question-This is another instance of extreme ambiguity and lack of information in the documents provided. Drawings must be provided showing the size, routing, and connection points for these new pipes. It is not the contractors responsibility to size these pipes or design them in any way. COR F/U Response- Existing Pipe sizes and routing are provided in the Drawings and Attachments. Bidders can consult with a contractor that has access to proprietary software or a PE to assist in obtaining a working solution that meets the VA s requirements at the sole discretion of the Contractor. SOW and attachments provide sufficient information to bid this project. RFIs 75 and 76 sought information regarding the current location and size of high pressure and low pressure steam lines that require separation and relocation. Additionally, the VA has not provided the final size or location of the new lines. This change will require engineering design to modify the existing configuration. It is impossible for bidders to hire an engineer to design the modification without sufficient information to understand the existing system and future needs. In response to the RFIs, the VA indicated the upsizing of pipes is to be determined on-site. If the necessary modifications are to be determined on-site after award, the VA would be required to issue a change order to fund the additional engineering and construction required for the now unknown design. It is not possible to price these items in response to the Solicitation. COR F/U Response- This project is not a Design-Build Project. Bidders can consult with a contractor that has access to proprietary software or a PE to assist in obtaining a working solution that meets the VA s requirements at the sole discretion of the Contractor. SOW and attachments provide sufficient information to bid this project. Q77) The rest of the SOW continues in the same vein. Please provide piping plans, sizes and details with enough information to properly price the work you require. A77) All reports, and available information has been provided. Protest follow up question-Currently there is not enough information to provide pricing on this project. We ask that the VA review the questions and provide all the information needed with piping sizes, locations, connection points, routing, equipment sizing, drawings showing what is wanted, and all other pertinent information necessary for a completely designed project. As it currently stands, our vendors, subcontractors, and our internal estimating team do not know what to bid. RFI 77 was rather open ended, as it reveals generally that insufficient information is provided for bidders to fairly estimate the work. Despite the VA s response that all reports, and available information has been provided, genuine gaps exist that are vital to the provision of an estimate of costs and labor needed to satisfy the VA s requirements. Protest has asked and still asks the VA to review the questions presented and provide all the information needed in regard to pipe sizes, locations, connection points, routing, equipment sizing, drawings showing what is required, and all other pertinent information necessary for a completely designed project. This has not been solicited as a design/build project, so the project must be fully designed and ready to build. At this time, bidders do not know what should be built or what to bid. COR F/U Response- This project is not a Design-Build Project. Contractors have sufficient information to bid this project. Existing Pipe sizes and routing/locations are provided in the Drawings and Attachments. PE stamps are not required on this project and are at the sole discretion of the Contractor if the contractor wants to consult a PE to confirm sizing, etc. and confirm upsized piping is sufficient. It is impossible for bidders to know the size or location of the existing piping or the upsized piping referenced in the SOW. Similarly, there is no information about separating high pressure and low pressure lines. The VA s position is that the contractor should field verify the existing pipe sizes and locations. Verification, by definition, is to ensure that the existing piping matches the construction design. The bids must be based on the requirements provided in the Solicitation. There is no design in this case. No existing or required new pipe sizes are provided upon which bidders can form an estimate. Bidders cannot identify the existing pipe sizes or locations without additional site visits and destruction of existing insulation. It is Protest understanding that destructive investigation is not permitted before award. The bidders cannot identify the required upsizing or relocation of piping without contracting with a professional engineer to produce a design to fill in the missing information on the pipe sizing, locations, connection points, and routing. There is simply not sufficient information for bidders to understand the VA s requirements for this project. COR F/U Response- This project is not a Design-Build Project. Contractors have sufficient information to bid this project. Existing Pipe sizes and routing/locations are provided in the Drawings and Attachments. If contractor would like additional time for a site visit to ascertain some of the contractor s concerns so they can produce a bid, the VA can support this. PE stamps are not required on this project and are at the sole discretion of the Contractor if the contractor wants to consult a PE to confirm sizing, etc. and confirm upsized piping is sufficient. The period of performance also raises issues, as the VA has stated a period of performance of 180 days from the notice to proceed. However, the VA has also stated that the VA desires the work to be completed before heating season. Unfortunately, heating season is upon us and, even if a bidder could complete the work within 180 days, it would not be completed prior to heating season. The period of performance must be clarified. Protest attempted to obtain clarification from the CO and Contracting Specialist with its additional concerns about missing and ambiguous requirements by email on August 19, 2024. The VA issued Amendment 3 that did not add any clarification, but instead made it appear that Protest additional concerns were answers to RFIs. In the initial answers to RFIs, the RFIs were in black and the VA s responses were in red. Amendment 3 contained the RFIs and VA answers in black and included Protest additional concerns in red. As shown in Exhibit A, Amendment 3 contains red text that was actually additional questions from Protest. No answers were provided. One overall response was provided for all of Protest follow up questions. The CO had the CS post an amendment today, 9/3 to clarify Amendment 0003. COR F/U Response- Based on the experience and work needed to be completed, Contractors have sufficient time to complete this project at 180 days. This is contingent on weather permitting due to the steam that will be needed in the winter months. Depending on time, if a Stop work is to be issued during winter months, that will be coordinated with the CO, COR, and contractor. The Scope of Work ( SOW ) similarly contains ambiguous requirements. Necessary information for estimating the project is missing, preventing bidders from understanding the VA s requirements. Some specific items were identified during the RFI process, and a more general plea was made for specificity. However, the VA did not provide any additional information, but rather placed the burden on the bidders to know and understand the existing conditions of the hospital and to know and understand the final design (which is not designed at all) without intrusive examination of the system. Effectively, the SOW requires the bidder to design-build the project with their hands tied behind their back. This is inappropriate for an Invitation for Bid, as the VA will likely receive a broad range of bids containing vastly different construction projects, none of which may be the solution that satisfies the VA s requirements. COR F/U Response- This project is not a Design-Build Project. Contractors have sufficient information to bid this project. Existing Pipe sizes and routing/locations are provided in the Drawings and Attachments. PE stamps are not required on this project and are at the sole discretion of the Contractor if the contractor wants to consult a PE to confirm sizing, etc. and confirm upsized piping is sufficient. END OF Protest Questions and Answers
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