36C10F23R0012_2.docx

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Y1EB--Major Construction Project Western New York National Cemetery - Phase 1C Pembroke, NY
Solicitation number
36C10F23R0012
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This document is a request for proposal for a major construction project at the Western New York National Cemetery in Pembroke, New York. The Department of Veterans Affairs is seeking design-build services to construct a new maintenance complex and honor guard building. The estimated price range for the project is between $20 million to $50 million, with anticipated completion of all work within 660 calendar days of the notice to proceed. Phase one proposals are due on April 13, 2023, with the phase two request for proposal to be issued to the top five highest qualified offerors from phase one. Evaluation criteria for both phases include technical approach, experience, past performance, safety, technical solution, energy efficiency, schedule, and price. The successful offeror must meet requirements for sustainable construction and comply with National Cemetery Administration design standards. The project will require permitting and approvals from various regulatory agencies.

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36C10F23R0012

1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

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

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

Prescribed by GSA-FAR (48 CFR) 52.236-1(d)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

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

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SEALED BID (IFB)

NEGOTIATED (RFP)

11. The Contractor shall begin performance within ____________ calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See _____________________________).

YES

NO

a.

Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

b.

An offer guarantee is, is not required.

c.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d.

Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

36C10F23R0012 X 03-13-2023 936-002C 36C10F Department of Veterans Affairs Office of Construction and Facilities Management (003C4B) 425 I Street NW Washington

DC

20001 Same as Block 7

Linda Ward 407-222-2815 The Department of Veterans Affairs (VA,) Office of Construction and Facilities Management (CFM,) in Washington, DC, is issuing this solicitation for the Two-Phase Design-Build requirement for the Western New York National Cemetery Phase 1C Maintenance Complex, Project Number 936-002C located at 1254 Indian Falls Road, Pembroke, NY. This procurement is restricted to SBA Verified Service-Disabled Veteran-Owned Small Business.

This is a Design-Build (DB) project to construct a Maintenance Complex Building with an option to include an Honor Guard Building. The project will also include building a Storage yard, Material Storage Building, Pole Barn, and Outsourced Contractor Yard. The Contractor shall provide all labor, supervision, materials, tools, equipment, and design-build services, and incidental related costs including, but not limited to, demolition of existing construction (as needed) and prepare all schematic design development and construction of: Maintenance building to have 19 space parking lot, concrete sidewalks, and relocated temporary committal shelter to serve as an employee break area and security fencing, gates, and lighting. The outsourced outsourced contractor yard to include security fencing and gates.

Maintenance Complex to include site signage, sidewalks decorative perimeter fencing, roads, walks, grading, drainage, and landscaping. Contractor will adhere to VA TIL requirements for the design and construction efforts.

The project magnitude is between $20,000,000 and $50,000,000. Construction Wage Rates apply. The NAICS Code is 236220 (Commercial and Institutional Building Construction) with the size standard of $45.0 Million.

Period of Performance is 660 calendar days, including Base + Optional CLINS from the Notice to Proceed. Bid Bond is required for those offerors submitting Phase II proposals. Payment and Performance bonds will be for the design-build award. The resulting award will be a Firm-Fixed- Price contract.

Please submit all questions regarding the solicitation and supporting documentation in writing using the Pre-Proposal Inquiry (PPI) Submission Attachment provided within this solicitation. The PPI attachment shall be submitted by email to Linda.Ward2@va.gov . Phase-One questions will be accepted until March 21, 2023, 4:30PM EDT.

Pre-Proposal Conferences and Site Visits will be held during Phase II of the RFP.

Phase-One Proposal are due by April 13, 2023, 4:30PM EDT via email to Linda.Ward2@va.gov.

All Offerors are responsible for monitoring and downloading attachments and amendments form https://www.sam.gov.

All prospective Offerors shall be registered in the System for Award Management (SAM): https://www.sam.gov . Offerors must be listed in the Veteran Small Business Certification (VetCert): Veteran Small Business Certification (sba.gov)

X X 52.211-10 X Email Only (1)

4:30PM

EDT

04-13-2023 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( 41 U.S.C. 3304(a) (

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

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

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31a. NAME OF CONTRACTING OFFICER

TO SIGN

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. AWARD DATE

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

(Include ZIP Code) (Include area code) (Include only if different than Item 14.)

(Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each) (Type or print) (4 copies unless otherwise specified) (Type or print) (Type or print) (Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

(Must be fully completed by offeror) (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

To be submitted in Phase II only UEI No. ___________________________________ 101F Department of Veterans Affairs Office of Construction and Facilities Management 425 I Street NW Washington

DC

20001 Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin

TX

78714-9971 Linda Ward Contracting Officer

Table of Contents

PART I - THE SCHEDULE1
SECTION A - SOLICITATION/CONTRACT FORM1
A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)1
A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION, ALTERATION, OR REPAIR)– BACK2
A.3 PRICE/COST SCHEDULE7
ITEM INFORMATION7
INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS8
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERS9
A.1 Scope of Contract10
A.2 Definitions:11
A.3 Source Selection Procedures11
A.4 Tentative Acquisition Schedule12
A.5 Magnitude of Construction: The estimated price range for this project is between $20,000,000 - $50,000,000.13
A.6 Preproposal Conference (Phase II Only)13
PROPOSAL EVALUATION, DEFINITIONS, AND RATINGS14
A.7 Advertisement14
A.8 Date, Time & Place of Submission14
A.9 Submission Format14
A.10 Written Submission Requirements14
A.11 Proposal Page Limitations15
B. Phase One Evaluation Factors15
B.2 Phase One, Factor 1, Technical Approach15
B.3 Phase One, Factor 2, Experience16
B.4 Phase One, Factor 3, Past Performance18
B.5 Selection19
B.6 Phase II Evaluation:19
B.7 Phase II, Factor 4, Safety:20
B.8 Phase II, Factor 5, Technical Solution:21
B.10 Phase II, Factor 7, Schedule22
B.11 Phase II, Factor 8, Price Proposal (Non-technical)23
B.12 Proposal Completeness & Reasonableness23
B.13 Contract Line Items24
Magnitude of Construction-24
B.14 Price Proposal24
DESIGN BUILD SPECIFICATIONS26
WESTERN NEW YORK NATIONAL CEMETERY STATEMENT OF WORK26
Project Background26
Site Location and Context26
Project Purpose27
Project Goals27
Facility Function28
Sustainable Design and Construction28
Energy Efficient28
Building Commissioning28
Accessibility Requirements28
Appropriate Design28
Site Analysis, Existing Conditions29
Existing Site Conditions – Man Made30
Site Development Requirements Maintenance Complex30
Site Development Requirements, Honor Building33
Permitting and Agency Review36
Maintenance Complex39
Honor Guard Building41
Performance Technical Specifications42
A.4 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014)51
A.5 52.233-2 SERVICE OF PROTEST (SEP 2006)52
A.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)52
A.7 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)53
A.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)53
A.9 PARTNERING53
REPRESENTATIONS AND CERTIFICATIONS55
3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2022)55
3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)59
3.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)61
3.4 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—CERTIFICATION (NOV 2021)63
GENERAL CONDITIONS66
4.1 52.203-14 DISPLAY OF HOTLINE POSTER(S) (NOV 2021)66
4.2 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)66
4.3 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (NOV 2021)67
4.4 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)68
4.5 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ALTERNATE I (APR 1984)69
4.6 52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (SEPT 2000)69
4.7 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)70
4.8 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)70
4.9 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (OCT 2022)70
4.10 52.222-30 CONSTRUCTION WAGE RATE REQUIREMENTS—PRICE ADJUSTMENT (NONE OR SEPARATELY SPECIFIED METHOD) (AUG 2018)73
4.11 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)74
4.12 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010)74
4.13 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (OCT 2021) (DEVIATION)76
4.14 SUPPLEMENTAL INSURANCE REQUIREMENTS76
4.15 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)77
4.16 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2022)78
4.17 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)81
4.18 52.223-21 FOAMS (JUN 2016)81
4.19 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)83
4.20 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED SERVICE-DISABLED VETERAN OWNED SMALL BUSINESSES (NOV 2022)84
4.21 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)86
4.22 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019)88
4.23 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019)89
4.24 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019) ALTERNATE I (APR 2019)89
4.25 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT ADMINISTRATION (OCT 2020)90
4.26 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)91
4.27 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT (SEP 2019)91
4.28 MANDATORY WRITTEN DISCLOSURES93
4.29 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)93
4.30 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)93
4.31 VAAR 852.232-70 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS– CPM) (NOV 2018)93
DESIGN BUILD SPECIFICATIONS97
4.32 SCHEDULE OF PAYMENTS FOR DESIGN SERVICES97
4.33 OWNERSHIP OF ORIGINAL DOCUMENTS97
4.34 RETENTION OF REVIEW DOCUMENTS97
4.35 CONTRACT DRAWINGS AND SPECIFICATIONS GOVERNMENT FURNISHED PLANNING INFORMATION97
4.36 COORDINATION WITH MEDICAL CENTER98
4.37 RESPONSIBILITY OF THE DESIGN-BUILD CONTRACTOR98
ATTACHMENTS99

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1.00
JB
__________________
__________________

Base Bid Item – Work includes construction of a new Maintenance Complex as shown on site plan (attachment 2). Complex includes Maintenance Building with Material Storage Building, Pole Barn, Storage Yard, and Outsourced Contractor Yard. Maintenance building to have 19 space parking lot, concrete sidewalks, and relocated temporary committal shelter to serve as an employee break area. Storage yard to include two tank fueling station, trash dumpster area and security fencing and gates and lighting. Outsourced Contractor Yard to include security fencing and gates. Maintenance Complex to include site signage, sidewalks, decorative perimeter fencing, roads, walks, grading, drainage, and landscaping. Base has an anticipated project duration of 540 Calendar Days after notice to proceed.

Contract Period: Base POP Begin:

POP End:

1.00
JB
__________________
__________________

Option Bid Item – Work includes construction of an Honor Guard building near the Committal Service Shelter #1 as shown on site plan. Building design to include lounge area, restrooms, locker room, and room with small arms vault to secure rifles and ammunition. Site work will include grading, storm drainage, utility connections, concrete walk paving, concrete curbing, asphalt parking lot, site furnishing, landscaping, and irrigation. The VA’s intention is to award the Honor Guard building with the base award. Option Bid Item has an anticipated project duration of 120 Calendar Days after notice to proceed.

Contract Period: Base POP Begin:

POP End:

GRAND TOTAL
__________________

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

1. Bidding materials consisting of drawings, specifications and contract forms may be obtained by qualified General (Prime) Contractors interested in submitting bids direct to the Department of Veterans Affairs.

2. Bidding materials may be obtained only upon written application to the issuing office. Bidders should allow 5 working days after receipt of their request by the issuing office when requesting bidding material.

3. Subcontractors, material firms and others interested in preparing sub-bids may, upon application to the issuing office, obtain a list of organizations, such as Builders Exchanges, Chambers of Commerce, Contractors, and others, who have received bidding materials.

4. A bid guarantee will be required with each Phase II Price Proposal. See FAR 52.228-1 in this solicitation for more information regarding this requirement. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for receipt of Phase II Price Proposals, will require rejection of the Phase II Price Proposal in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then.

5. 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.

DESCRIPTION OF WORK: SEE BLOCK 10 OF SF 1442.

Cost Range: $20,000,000.00 to $50,000,000.00.

Page 1 of

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERS

NOTICE TO OFFERORS

THIS REQUEST FOR PROPOSAL IS ISSUED AS A TWO-PHASE DESIGN-BUILD PROCUREMENT (REFERENCE FAR 36.3). THE TIME AND DATE SET FORTH WITHIN IS FOR THE RECEIPT OF PROPOSALS FOR PHASE I ONLY. PHASE II REQUEST FOR PROPOSAL WILL BE ISSUED ONLY TO THE SUCCESSFUL OFFERORS DETERMINED TO BE THE MOST HIGHLLY QUALIFIED FROM PHASE I.

REQUEST FOR PROPOSAL NO.:36C10F23R0012_2
PHASE I PROPOSAL DUE DATE:See Page 1 of this solicitation, Form 1442, Block 13
PROJECT TITLE:Western New York National Cemetery Phase 1C Expansion
PROJECT NUMBER:Project No. 963-002C

INQUIRIES CONCERNING THE RFP MUST BE SUBMITTED IN WRITING, BY EMAIL, TO THE BELOW ADDRESS. REQUEST FOR INFORMATION MUST BE RECEIVED NO LATER THAN THE DATE & TIME SPEFICIED ON PAGE 1 OF THIS SOLICITATION, FORM 1442, IN BLOCK 10, IN ORDER TO PERMIT ADEQUATE TIME FOR THE GOVERNMENT TO REPLY TO INQUIRIES.

YOU MUST USE THE ATTACHED PRE-PROPOSAL INFORMATION (PPI) (ATTACHMENT 10) AND SEND YOUR INQUIRIES TO THE ATTENTION OF Linda Ward at Linda.Ward2@va.gov . IT IS RECOMMENDED TO USE A READ RECEIPT OR CALL FOR VERIFICATION OF RECEIPT, (407) 222-2815 ALL PROPOSALS SHOULD BE EMAIL TO THE ATTENTION OF Linda Ward at Linda.Ward2@va.gov.

TWO-PHASE DESIGN-BUILD REQUEST FOR PROPOSAL TO

CONSTRUCT WESTERN NEW YORK NATIONAL CEMETRY PHASE 1C MAINTENACNE COMPLEX AND HONOR GUARD BUILDING

1254 INDIAN FALLS RD, PEMBORKE, NY 14036

PROJECT NUMBER: 936-002C

SOLICITATION NUMBER: 36C10F23R0012

A.1 Scope of Contract

A. This Request for Proposal (RFP) is issued as Two-Phase Design-Build procurement (Reference FAR 36.3). Proposals will be evaluated in Phase I to determine which offerors will submit proposals for Phase II. A maximum number of five (5) offerors will proceed to Phase II unless the contracting officer determines that a number greater than five (5) is in the Government's interest and is consistent with the purposes and objectives of this two-phase design build project. Phase II RFP will be issued only to those successful offerors determined to be most highly qualified from Phase I. One contract will be awarded using competitive negotiation.

B. This is a Design-Build (DB) project to construct a Maintenance Complex Building with an option to include an Honor Guard Building. The project will also include building a Storage yard, Material Storage Building, Pole Barn, and Outsourced Contractor Yard. The Contractor shall provide all labor, supervision, materials, tools, equipment, and design-build services, and incidental related costs including, but not limited to, demolition of existing construction (as needed) and prepare all schematic design development and construction of: Maintenance building to have 19 space parking lot, concrete sidewalks, and relocated temporary committal shelter to serve as an employee break area and security fencing, gates, and lighting. The outsourced contractor yard to include security fencing and gates. Maintenance Complex to include site signage, sidewalks, decorative perimeter fencing, roads, walks, grading, drainage, and landscaping. Contractor will adhere to VA TIL requirements for the design and construction efforts.

A.2 Definitions:

Design-Build (DB) as defined by the US Department of Veterans Affairs (VA) is the procurement by the Government, under one contract, with one firm or joint venture (JV) for both design and construction services for a specific project.

Contracting Officer: The services to be performed under this contract are subject to the general supervision, direction, control, and approval of the Contracting Officer.

Project Manager: The Contracting Officer's representative responsible for administering contracts under the immediate direction of the Contracting Officer.

Resident Engineer: The Contracting Officer's authorized representative at the construction site. When more than one Resident Engineer is assigned to a construction project one is designated as being in-charge and is called the "Senior Resident Engineer". The Resident Engineer is responsible for protecting the Government's interest in the execution of the construction contract work. His duties include surveillance of all construction work to assure compliance with the contract documents, interpretation of the contract documents, approval of changed work, approval of all submittals, samples, shop drawings, etc. The Resident Engineer may issue change orders to the Contractor within the limitations set forth in his delegation of authority from the Contracting Officer.

Design Build Contract: This term, as used herein, refers to the Contract(s) to perform the design and construction of the project.

Contractor: This term, as used herein, refers to the contractor under this contract or the DB team.

AE: This term, as used herein, refers to the Architect-Engineer firm(s)that are a part of the DB team, also referred to as DB/AE.

RFP/AE: The firm(s) directly hired by the VA for the preparation of the RFP Documents and to provide other technical assistance to the VA.

A.3 Source Selection Procedures Source Selection Overview: In accordance with FAR 15.3, the objective of source selection is to select the proposal that represents the best value. A contracting officer is designated as the source selection authority (SSA) unless the agency head appoints another individual. The SSA establishes an evaluation team that includes appropriate contracting, legal, and technical expertise to ensure a comprehensive evaluation of offers. The award decision is based on evaluation factors and significant sub-factors that are tailored to the acquisition. The factors represent the key areas of importance and emphasis to be considered in the source selection decision; and support meaningful comparison and discrimination between and among competing proposals.

A. Evaluation: The proposal evaluation is an assessment of the proposal and the offeror’s ability to perform the prospective contract successfully. The technical, price, and source selection boards will evaluate competitive proposals and then assess their qualities solely on the factors and subfactors specified in the solicitation. Evaluations may be conducted using any rating method or combination of methods, including color or adjectival ratings, numerical weights, and ordinal rankings. The relative strengths, deficiencies, significant weaknesses, and risks supporting proposal evaluation shall be documented in the contract file.

B. Past Performance: Past performance information is one indicator of an offeror’s ability to perform the contract successfully. The currency and relevance of the information, source of the information, context of the data, and general trends in contractor's performance shall be considered.

C. This comparative assessment of past performance information is separate from the responsibility determination required under FAR Subpart 9.1. Tradeoff Source Selection: If tradeoffs are performed, the source selection records shall include an assessment of each offeror’s ability to accomplish the technical requirements; and a summary, matrix, or quantitative ranking, along with appropriate supporting narrative, of each technical proposal using the evaluation factors.

D. SSA's Final Decision: The SSA's decision shall be based on a comparative assessment of proposals against all source selection criteria in the solicitation. While the SSA may use reports and analyses prepared by others, the source selection decision shall represent the SSA's independent judgment. The source selection decision shall be documented, and the documentation shall include the rationale for any business judgments and tradeoffs made or relied on by the SSA, including benefits associated with additional costs. Although the rationale for the selection decision must be documented, that documentation need not quantify the tradeoffs that led to the decision.

A.4 Tentative Acquisition Schedule

Phase I Proposals submitted
04/13/2023

Phase II RFP & documents sent to qualified Phase I Offerors 06/12/2023

Pre-proposal conference
06/13/2023
Phase II Proposals Submitted
07/19/2023
Contract award
10/01/2023
Notice to proceed
10/16/2023

Construction completion/final inspection/ custody receipt 08/06/2025

Schedule Objectives - The anticipated completion including bid options of this project is 660 calendar days after "Notice to Proceed" (NTP).

A.5 Magnitude of Construction: The estimated price range for this project is between $20,000,000 - $50,000,000.

A.6 Preproposal Conference (Phase II Only) A pre-proposal conference will be held on a date to be determined by VACFM. The site visit will not occur prior to issuance of Phase II RFP. Official date time and location will be provided via an amendment to the solicitation.

1. Open meeting

2. Specifications, Network analysis system and project phasing

3. General requirements, SOW requirements and Offer Submission Procedure

4. Review of pertinent contract clauses and provisions

5. Phase II Source Selection Process

6. Questions and answers. Answers will officially be provided via contract amendment, along with the official sign in sheet from the site visit.

7. Site walk through. Please be advised that there will only be one site visit. Proposers are highly encouraged to attend the site visit.

PROPOSAL EVALUATION, DEFINITIONS, AND RATINGS

DO NOT SUBMIT PHASE TWO WITH PHASE ONE PROPOSALS

ONLY THE MOST HIGHLY QUALIFIED OFFERORS WILL BE INVITED TO SUBMIT A PHASE TWO PROPOSAL.

A.7 Advertisement The official announcement of this project was published on https://www.sam.gov January 26, 2023 Submit Phase One inquiries, questions or comments electronically to the Government's Contracting Officer. All requests for information or clarification must be submitted via email to: Linda.Ward2@va.gov by March 21, 2023, at 4:30PM EDT, email subject line shall include “Western NY NC 3610F23R0012”. Unless the question deals with issues of a proprietary nature, responses to questions or comments will be posted to https://www.sam.gov under Project “Western NY NC 3610F23R0012”. No hard copy replies will be issued.

Instructions for submitting Phase Two inquiries, questions or comments will be posted on SAM.gov with the RFP announcement.

A.8 Date, Time & Place of Submission Phase One proposals must be received by the Government's POC, by April 13, 2023, by 4:30PM EDT. Late submissions will not be accepted. All submitted materials will become the property of the Government and will not be returned. Hardcopy submissions may be mailed to 425 I. Street, NW Washington, DC 20001. Electronic submissions are preferred and encouraged.

Regardless of the manner you choose to deliver your package; it is the Offeror’s responsibility to make sure it is received before the submission deadline. Electronic submissions are preferred and encouraged.

Phase Two Request for Proposal submission requirements will be posted on SAM.gov with the RPF announcement.

A.9 Submission Format Phase One proposals will be accepted and evaluated for possible advancement to Phase Two. Submitted proposals that do not meet the following instructions may be determined to be nonresponsive and not considered for an award.

Proposals shall contain all applicable information as required by the solicitation.

A.10 Written Submission Requirements Number of Copies - Offerors shall submit one (1) electronic document only of their qualifications as described herein.

1. Text - Text shall be at least single spaced, on 8 1/2 x 11-inch paper, with a minimum half inch margin all around. Pages shall be numbered consecutively.

2. Drawings –Drawings are not required as part of the submission.

3. Font Size - Print shall be of a minimum 12-point font size or a maximum 10 characters per inch (10-pitch, pica) spacing. Bolding, underlining, and italics may be used to identify topic demarcations or points of emphasis. Graphic presentations, including tables, while not subject to the same font size and spacing requirements, shall have spacing and text that is easily readable.

4. Proposals will be identified with the following information.

4.1. Solicitation Number

4.2. Solicitation Title

4.3. Contractor Name

4.4. Volume Title (Technical Proposal)

5. The first page of the proposal shall include the information identified in provision 52.215-1 paragraph (c)(2). Paragraph (c)(2)(iii) is modified to read “A statement specifying the extent of agreement with all terms, conditions and provisions included in the solicitation.” This statement should be placed on the first page of Technical Proposal with the contact information.

A.11 Proposal Page Limitations There are no specific page limitations for any factor. Offers are encouraged to supply enough information so at a minimum all requirements set forth in the proposal can be answered and evaluated. Do not submit dissimilar projects or information as mere filler. The purpose of the evaluation criteria in the following sections is to portray to The Government the offers overall interest in pursuing this project which is accomplished by not only the quality of responses to the evaluation factors but the quality of the overall response proposal.

B.1 TECHNICAL EVALUATION FACTORS

B. Phase One Evaluation Factors This procurement will be an assessment of each offeror’s ability to accomplish the technical requirements for each of the factor’s listed in Phase I. In Phase I we will evaluate offerors qualifications and select the most highly qualified offerors not to exceed five (5) firms (unless the contracting officer determines that a number greater than five (5) is in the Government’s interest and is consistent with the purposes and objectives of this two-phase design-build project) in accordance with the following factors listed below and are equal in importance:

1. Factor I - Technical Approach

2. Factor 2 – Experience

3. Factor 3 - Past Performance B.2 Phase One, Factor 1, Technical Approach The composition and management of the firms proposed as the design-build (DB) team for this contract will be evaluated in this factor.

The offeror shall submit the following information:

1. Provide a narrative describing the proposed primary construction firms and primary design firms for this contract and the rationale for proposing this arrangement. Provide the role, responsibilities, and contractual relationships between the various firms (see FAR Subpart 9.6). The narrative shall also include a simple organizational chart that clearly identifies the lines of authority between the entities. If the experience of a significant design subcontractor is being claimed in Factor 2, the firm must be named in the above narrative and organizational chart. Enough detail to sufficiently portray overall project, contract, and subcontractor management expertise.

2. In addition to the narrative, the offeror shall submit a signed copy of a joint venture agreement, partnership agreement, teaming agreement, approved mentor protégé agreement (MPA), or letter of commitment for each member of the offeror’s team identified above (e.g., joint venture member, partner, team member, subcontractor, parent company, subsidiary, or other affiliated company, etc.).

Basis of Evaluation:

The assessment of the offeror’s technical approach will be used as a means of evaluating the capability of the offeror to successfully meet the requirements of the RFP. This factor will be rated on, proposal strengths, weaknesses, significant weaknesses, and deficiencies. Offerors that are rated with significant weaknesses or deficiencies in this factor will be found ineligible to proceed to Phase II.

B.3 Phase One, Factor 2, Experience The offeror shall submit the following information:

1. Construction Experience: Building Construction:

1.1. Submit a maximum of five (5) relevant construction projects for the offeror that best demonstrates your experience on relevant projects (similar in size, scope, and complexity to the RFP). For purposes of this evaluation, a relevant project is further defined as:

1.2. Size: Facility of at least 10,000 total square feet or greater and major construction work greater than or equal to 20 million dollars.

1.3. Scope: New construction of multi-story (minimum of two stories) facilities such as, VA Hospital, maintenance complex and or honor guard, public hospitals, or other projects in relative complexity as the project described in the SOW.

1.4. Ensure that the project description identifies whether the project is new construction or renovation, provides the square footage and final construction cost, and addresses how the project meets the scope/complexity requirements.

1.5. Projects submitted for the offeror must have been completed within the past seven (7) years of the date of issuance of this RFP.

1.6. A project is defined as a construction project performed under a single task order or contract. For multiple award and indefinite delivery/indefinite quantity type contracts, the contract as a whole shall not be submitted as a project; rather, offerors shall submit the work performed under a task order as a project.

1.7. For all submitted projects, the description of the project shall clearly describe the scope of work performed and the relevancy to the project requirements of this RFP (i.e.: unique features, area, construction methods). In addition, the description should also address any sustainable features for the project, including specific descriptions of those features. Provide applicable documentation on projects that were validated and/or certified through U.S. Green Building Council (USGBC) or the equivalent organization or process.

1.8. If the offeror is a Joint Venture (JV), relevant project experience should be submitted for projects completed by the Joint Venture entity. If the Joint Venture does not have shared experience, projects may be submitted for the Joint Venture members. Offerors who fail to submit experience for all Joint Venture members may be rated lower.

1.9. If an offeror is utilizing experience information of affiliates/ subsidiaries/ parent/ LLC/ LTD member companies (name is not exactly as stated on the SF1442), the proposal shall clearly demonstrate that the affiliate/subsidiary/parent firm will have meaningful involvement in the performance of the contract.

1.10. The experience of proposed subcontractors will not be considered for construction experience, with the exception of the projects demonstrating experience with demolition as identified in this factor.

2. Design Experience:

2.1. Submit a maximum of five (5) design projects for the design team that best demonstrates design experience on relevant projects (similar in size, scope, and complexity to the RFP). For purposes of this evaluation, a relevant project is further defined as:

2.2. Size: Facility of at least 10,000 total square feet or greater.

2.3. Scope: Design of multi-story (minimum of two stories) facilities such as, VA hospital, maintenance complex and or honor guard, public hospitals, or other projects in relative complexity as the project described in the SOW.

2.4. Projects submitted shall be completed within the past seven (7) years of the date of issuance of this RFP. For design- build projects, the design portion of the contract shall have been completed within the past seven (7) years of the date of issuance of this RFP.

2.5. A project is defined as a complete design effort performed under a single task order or contract/subcontract. For multiple award and indefinite delivery/indefinite quantity type contracts, the contract as a whole should not be submitted as a project; rather offerors should submit the work performed under a task order as a project.

2.6. For all submitted projects, the description of the project shall clearly describe the scope of work performed and the relevancy to the project requirements of this RFP (i.e.: unique features, area, construction methods). In addition, the description should also address any sustainable features for the project, including specific descriptions of those features. Provide applicable documentation on projects that were validated and/or certified through U.S. Green Building Council (USGBC) or the equivalent organization or process.

2.7. If an offeror is utilizing experience information of affiliates/subsidiaries/parent/LLC/LTD member companies (name is not exactly as stated on the SF1442), the proposal shall clearly demonstrate that the affiliate/subsidiary/parent firm will have meaningful involvement in the performance of the contract. If meaningful involvement is not demonstrated, experience of the affiliate/subsidiary/parent firm will not be considered.

2.8. The offeror may utilize experience of a design subcontractor to demonstrate design experience under this evaluation factor. The Offer must provide a supporting joint venture agreement, partnership agreement, teaming agreement, or letter of commitment from the design firm and an explanation of the significant involvement for the design subcontractor.

Basis of Evaluation:

The basis of evaluation will include the offeror’s demonstrated experience and depth of experience in performing relevant construction and design projects as defined in the solicitation submittal requirements.

The assessment of the offeror’s relevant experience will be used as a means of evaluating the capability of the offeror to successfully meet the requirements of the RFP. Any projects submitted in excess of the five (5) for Construction Experience and five (5) for Design Experience will not be considered.

Relevant projects where the offeror and the proposed design firm(s) have previously worked together may receive a higher rating than those that have not worked together.

Relevant projects that demonstrate design-build experience may receive a higher rating than those that do not have design-build experience.

Relevant projects that demonstrate experience with sustainable features may receive a higher rating than those that do not demonstrate experience with sustainable features.

B.4 Phase One, Factor 3, Past Performance

1. If a completed Contractor Performance Assessment Reports System (CPARS) evaluation is available, it shall be submitted with the proposal for each project included in Factor 2 for construction experience and design experience. If there is not a completed CPARS evaluation, then submit Past Performance Questionnaires (Attachment 11) for each project included in Factor 2.

2. The Offeror Should provide completed Past Performance Questionnaire (PPQ) in the proposal. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation. If the offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the offeror shall complete and submit with the proposal the first page of the PPQ, which will provide contract and client information for the respective project(s).

3. The Government may make reasonable attempts to contact the client noted for that project(s) to obtain the PPQ information. However, offerors should follow-up with clients/references to help ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Government’s point of contact, Linda Ward, (407) 222-2815 or linda.ward2@va.gov.Offerors may provide any information on problems encountered and the corrective actions taken on projects submitted under Factor 2 – Experience. Offerors may also address any adverse past performance issues.

4. There is no page length limitation for explanations. Offerors are encouraged to supply enough detail to sufficiently portray past performance experience. Metrics such as baseline total project cost versus cost at completion, number of modifications, number of RFI resolved, changes averted, value engineering, issues faced, baseline versus actual scheduled completion information, etc., all provide helpful evaluation information to The Government.

5. The Government reserves the right to contact references for verification or additional information. The Government’s inability to contact any of the offeror’s references or the references unwillingness to provide the information requested may affect the Government’s evaluation of this factor. Performance award or additional information submitted will not be considered.

Basis of Evaluation:

This evaluation focuses on how well the offeror performed on the relevant projects submitted under Factor 2 – Experience and past performance on other projects currently documented in known sources. More emphasis will be placed on more relevant projects. In addition to the above, the Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources including sources outside of the Government. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS) using all CAGE/DUNS numbers of Contractors who are part of a partnership or joint venture identified in the offeror’s proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the offeror.

The Government will consider the currency and relevance of the information, the source of the information, context of the data, and general trends in the Contractor’s performance. This evaluation is separate and distinct from the Contracting Officer’s responsibility determination. The assessment of the offeror’s past performance will be used as a means of evaluating the offeror’s probability to successfully meet the requirements of the RFP.

Offerors lacking relevant past performance history will not be evaluated favorably or unfavorably in past performance and will receive an Unknown Confidence rating.

B.5 Selection

The Phase I most highly qualified offerors will receive a Phase II Request for Proposal (RFP). During Phase II, a pre- proposal conference and site visit will be held at Western New York National Cemetery, Pembroke, NY. The Phase I factors are not to be resubmitted in Phase II; however, the consensus ratings from the Phase I factors carry through to Phase II.

B.6 Phase II Evaluation:

Phase II Request for Proposals will be requested from no more than five (5) of the most highly qualified Offerors from Phase I. Phase II submissions shall consist of a technical proposal and a cost/price proposal submitted in separate Volumes I and II respectively. Volumes I and II shall be evaluated separately and Volume II will not be evaluated until Volume I (Technical Proposal) is evaluated, an overall rating is determined, and the Offerors ranked technically acceptable. The Phase I technical factors are not to be resubmitted in Phase II; however, the cumulative rating from the Phase I technical factors carries through to Phase II and is equal in importance to Phase II technical factors.

Phase I and II proposals will be evaluated, and award will be made on the basis of both price and technical considerations most advantageous to the VA as per FAR Part 15.101(a), Tradeoff, as the Government may consider award to other than the lowest priced offeror or other than the highest technically rated offeror if it is in the best interest of the Government.

Phase II technical factors (Factors 4 – 7) are listed below and are equal in importance.

1. Factor 4 – Safety

2. Factor 5 – Technical Solution

3. Factor 6 – Energy and Sustainable Design

4. Factor 7 – Schedule

5. Factor 8 - Price (Non-technical) B.7 Phase II, Factor 4, Safety:

The offeror shall submit the following information: (For a partnership or joint venture, the following submittal requirements are required for each contractor who is part of the partnership or joint venture; however, only one safety narrative is required. EMR and DART Rates shall not be submitted for subcontractors.)

1. Experience Modification Rate (EMR): For the three previous complete calendar years [2019, 2020, and 2021], submit offeror’s EMR (which compares your company’s annual losses in insurance claims against its policy premiums over a three-year period). If you have no EMR, affirmatively state so, and explain why. Any extenuating circumstances that affected the EMR and upward or downward trends should be addressed as part of this element.

2. OSHA Days Away from Work, Restricted Duty, or Job Transfer (DART) Rate: For the three previous complete calendar years [2019, 2020, and 2021], submit your OSHA Days Away from Work, Restricted Duty, or Job Transfer (DART) Rate, as defined by the U.S. Department of Labor, Occupational Safety and Health Administration. If you cannot submit an OSHA DART Rate, affirmatively state so, and explain why. Any extenuating circumstances that affected the OSHA DART Rate data and upward or downward trends should be addressed as part of this element. Lower OSHA DART Rates will be given greater weight in the evaluation.

3. Technical Approach for Safety: Describe the plan that the offeror will implement to evaluate safety performance of potential subcontractors, as a part of the selection process for all levels of subcontractors. Also, describe any innovative methods that the offeror will employ to ensure and monitor safe work practices at all subcontractor levels. There is no page limit length to the Safety Narrative.

Basis of Evaluation:

The Government is seeking to determine that the offeror has consistently demonstrated a commitment to safety and that the offeror plans to properly manage and implement safety procedures for itself and its subcontractors. The Government will evaluate the offeror’s overall safety record, the offeror’s plan to select and monitor subcontractors, any and innovative safety methods that the offeror plans to implement for this procurement. The Government’s sources of information for evaluating safety a review of the OSHA database and other related databases. While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete safety information regarding these submittal requirements rests with the offeror. The evaluation will collectively consider the following:

· Experience Modification Rate (EMR)

· OSHA Days Away from Work, Restricted Duty, or Job Transfer (DART) Rate

· Offeror Technical Approach to Safety

· Other sources of information available to the Government

· Experience Modification Rate (EMR): The Government will evaluate the EMR to determine if the offeror has demonstrated a history of safe work practices taking into account any upward or downward trends and extenuating circumstances that impact the rating. Lower EMRs will be given greater weight in the evaluation.

· OSHA Days Away from Work, Restricted Duty, or Job Transfer (DART) Rate: The Government will evaluate the OSHA DART Rate to determine if the offeror has demonstrated a history of safe work practices taking into account any upward or downward trends and extenuating circumstances that impact the rates. Lower OSHA DART Rates will be given greater weight in the evaluation.

· Technical Approach to Safety: The Government will evaluate the narrative to determine the degree to which subcontractor safety performance will be considered in the selection of all levels of subcontractors on the upcoming project. The Government will also evaluate the narrative to determine the degree to which innovations are being proposed that may enhance safety on this procurement. Those offerors whose plan demonstrates a commitment to hire subcontractors with a culture of safety and who propose innovative methods to enhance a safe working environment may be given greater weight in the evaluation.

B.8 Phase II, Factor 5, Technical Solution:

Provide details describing your understanding and approach to executing the project that meets the requirements of the RFP. The narrative shall address the following:

1. Contractor Management (Identifying the PM, QCM, SSHO, roles and responsibilities of pertinent personnel.)

2. Project site work

3. Utilities

4. Site access

5. Building layout

6. Building envelope

7. Building structure

8. HVAC

9. Plumbing

10. Electrical

11. Interior design finishes

12. Room layout

13. Description of the general concept proposed to meet sustainability and low impact development (LID).

Basis of Evaluation:

The Government will evaluate the technical solution considering the extent to which the offeror demonstrates a clear understanding of the architectural and engineering requirements (PG18-15) of the project. The Government will evaluate the offeror’s technical solution to determine adherence to the technical requirements of the RFP.

B.9 Phase II, Factor 6, Energy and Sustainable Design Provide the following information, which describes how the project will meet or exceed the following sustainable design contract requirements.

1. Energy Policy Act (EPAct) 2005 Energy Efficiency Narrative:

Using the guidance outlined in Part 3 of this RFP, provide a detailed narrative to describe whether the proposed solution will meet or exceed the goal of a 30% energy reduction using the ASHRAE Std…

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