36C24218R0609-002.docx

36C24218R0609

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.

36C24218R0609 X 12-04-2018

630-CSI-103

36C242 Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx

NY

10468-3904 Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx

NY

10468-3904

PIERCE,SHARON

Sharon.Pierce@va.gov Site-Prep for Digital X-Ray Suite Project Number: 630-CSI-103 at VANYHHS.

This is a TWO-PHASE DESIGN BUILD ACQUISITION - ALL Qualified Offerors may submit for Phase I. After Phase I evaluation, selected Ph. II Offerors will be notified for Ph. II submission.

Provide turnkey services to include all labor, materials, equipment, and supervision necessary to design and construct the site preparation needed to install a new Carestream Health’s DRX Evolution System in accordance with equipment manufacturer and VA design drawings and specifications

The NAICS code for this procurement is 236220 and the size standard is $36.5 million.

Magnitude of Construction $250,000.00 and $500,000.00

This a Service Disabled Veteran Owned Business Procurement.

The anticipated award date of the proposed contrat is on or before March 29, 2019. Potiential contractors must be registered in SAM (www.sam.gov), and Dun & Bradstreet (www.dnb.com) at time of offer submission and before award of this procurement.

The period of performance shall be 270 calendar days from kickoff meeting.

A site visit is scheduled for December 19, 2018 10:00am at the NYHHS, Manhattan Campus, 423 E. 23rd St., New York, NY 10010 Annex Building, 1st Fl Conference Room.

Interested bidders are strongly advised to attend.

Proposals due January 07, 2019 at 2:00pm. Addressed to: Sharon Pierce 9B-67 NCO2 James J. Peters, VA Medical Center, 130 W. Kingsbride Road, Bronx, NY 10468.

52.211-10 X 01-07-2019 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

X 36C242 Department of Veterans Affairs James J. Peters VA Medical Center Network Contracting Office 2 130 West Kingsbridge Road Bronx

NY

10468-3904 Tungsten Network http://www.tungsten-network.com/us/en /veterans-affairs

Table of Contents

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

PROPOSAL EVALUATION/SELECTION CRITERIA

Two-Phase Design-Build Selection and Evaluation Procedures I. General Information for Proposal Evaluation/Selection Criteria:

A. This project will be solicited as a firm fixed price best value contract. The solicitation will be conducted as a two-phased Design Build in accordance with FAR 36.3. The A/E and Construction Contractor team will be required to submit information in two phases.

B. The Technical approach, Specialized experience, and Technical Competence factors when combined are significantly more important than the remaining three factors. Each evaluation factor, other than Technical will be weighted approximately equal.

C. For Phase I: Proposals consisting of Phase 1 Criteria will be accepted from all VetBiz verified SDVOSB offerors. Phase I proposals will be evaluated to determine which offerors will submit proposals in Phase II. Phase II will require offerors to address how 15% of the cost of personnel for contract performance will be spent for employees of the concern or employees of other eligible service-disabled veteran-owned small business concerns D. For Phase II: Only a maximum of the three most highly rated Phase I proposals will be invited to submit a Phase II Proposal consisting of Phase II Criteria.

E. Phase I and Phase II: The Contracting Officer, with the assistance of qualified Technical Evaluators, will evaluate Technical Sections of each proposal to determine the offeror’s ability to accomplish the work as set forth in this solicitation. Technical evaluations will be based solely on the evaluation factors and criteria detailed below in PHASE I and PHASE II Criteria Sections.

II. Award A. This procurement will be a single award on a Best Value basis resulting from this solicitation to the responsible Offeror, whose technical/cost relationship represents the best value to the Government. Therefore, all offerors are advised that their best terms and conditions should be presented in their initial proposals and that offerors should not to assume that they will have an opportunity to participate in discussions or be asked to submit a revised offer. Each Contractor’s proposal shall address the evaluation factors as incorporated under the Proposal Criteria header in this solicitation. Failure to provide the information needed for each factor will result in the proposal being considered non-responsive.

B. Award of a conforming proposal may be made without discussions, except for minor clarifications, if deemed to be within the best interests of the Government. However, offerors are advised that discussions/negotiations may occur if deemed necessary.

C. The Government will award a firm fixed-price Design-Build contract to that responsible Offeror whose proposal, conforming to the solicitation, is fair and reasonable, and has been determined to be most advantageous to the Government, considering quality, price and other factors. The Government reserves the right to accept other than the lowest priced offer. The Government reserves the right to make cost/technical tradeoffs that are in the best interest and to the advantage of the Government. The right is also reserved to reject any and all offers.

III. Proposal submittal:

A. Offers shall be based on this solicitation. Offers will be in the format stipulated elsewhere in this section B. All copies must be labeled with the Offeror’s name, business address, and with the solicitation number clearly marked.

C. Carefully follow “Instructions, Conditions, and Notices to Offerors.” Offerors shall affix their names and return addresses in the upper left corner of the Offeror’s envelope. Envelopes containing offers must be sealed. Offeror’s shall include all required Representations and Certifications.

D. Failure to provide all information requested will adversely affect the evaluation of an offer. A proposal that merely reiterates or promises to accomplish the requirements of the solicitation will be considered to be less than fully acceptable. The information submitted should be complete and concise, but not overly elaborate. Reliance on promotional brochures, except where specifically required, is discouraged. If information is applicable to more than one evaluation criterion, it must be repeated for each criterion where it is applicable.

E. All commitments made in the proposal, if accepted by the Government, will become part of the resultant contract.

F. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall— Mark the title page with the following legend:

“This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed—in whole or in part—for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of—or in connection with—the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets].”

Mark each sheet of data it wishes to restrict with the following legend:

“Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal” G. Offers shall submit three (3) hard copies along with one (1) electronic (PDF) copy. Proposals shall be no smaller than point 12 font size. Further, margins shall be no less than one (1) inch on all sides. The font size and margins prepared by the government on the SF 1442 shall remain as formatted by the government. Additional addenda and/or supplements beyond the descriptions below are not to be provided and will not be considered. NO FAXED PROPOSALS WILL BE ACCEPTED.

Electronic copies (PDF only) should be sent to: Sharon.Pierce@va.gov. The overall size of the electronic file shall not exceed 8MB; if additional space is required, divide the file into segments with each file size less than 8MB and email each file attachment separately. No more than the first 2 files at 8MB each will be considered.

By Mail/Hand Delivery:

James J. Peters VA Medical Center Attn: Sharon Pierce NCO2, 9B-67 130 W. Kingsbridge Road Bronx, NY 10468-3904

A.

IV. PHASE I Proposal Format & Criteria Offerors are to submit three (3) hard copies and one (1) electronic copy (via email) of their proposal. Offerors shall prepare Technical Proposals with the Selection Criteria and Evaluation Factors, in terms of both content and organization, to facilitate evaluation.

Offerors shall follow Solicitation instructions and proposal organization, appearance, & completeness.

A. COVER PAGE: Include: solicitation number, project title, company particulars to include DUNS number, tax id number (TIN), principle points of contact, email address, mailing address, phone numbers, etc B. TAB 1: SF 1442, acknowledgement of any amendments C. TAB 2: Technical Approach :

Describe how the project will be developed to achieve all the objectives of both the design and construction objectives of the project.

Technical Approach - Evaluation Criteria

D. TAB 3: Technical Qualifications :

· Briefly identify 3 to 5 projects showing specialized experience and technical competence for projects which are similar in scope and cost. Describe how the experience and competence is related to this project.

· Explain ability to obtain the necessary resources, to include specialized experience and technical competence, to perform this project (include prime and subcontractor(s)).

Technical Qualifications - Evaluation Criteria

E. TAB 4: Past Performance and Experience :

· Identify and describe relevant and recent past performance of the offeror’s team (including the architect-engineer and construction members). Relevant performance means projects involving design build projects of a similar type for a medical center work and similar price range, and the offeror served as the Prime Contractor. Recent is defined as performance within the last five (5) years through the solicitation release date. Identify a minimum of 3, but no more than 5 projects.

i. Each past performance shall include the following:

a) Description of project and dollar value

b) Identify all major subcontractors

c) Project completion compared to initial period of performance

ii. Each may be from the following Experience categories:

a) Team Experience: Identify any projects that the designer and prime contractor have previously contractually teamed together to accomplish a project.

b) Constructor/Key Subs and/or Designer: Include examples, within the last 3 years (5 years for design firms), of design/build projects, in which the designer and/or constructor or key trade subcontractors have been involved, if any.

c) Joint Ventures: If Offeror represents the combining of two or more companies for the purpose of this RFP, then each company must list project examples, related to its role for this project.

d) Prime Contractor Experience: Provide examples of projects, within the last 3 years, in which the prime contractor has been involved, which are similar to this project in scope and magnitude

e) Design Firm(s) Experience: Provide examples of projects, within the last 5 years, in which each design firm has been involved, which are similar in scope and magnitude to their role on this project.

Past Performance and Experience - Evaluation Criteria

B.

F. TAB 5: Capability to Perform:

This factor evaluates the ability of the Construction firm to perform given their current projected workload and the availability of their key personnel, to accomplish the project in the required time. Contractor to provide demonstrated compliance to performance schedules, adherence to timelines for deliverables, the ability to meet unusual time constraints and methods of project management Capability to Perform - Evaluation Criteria

Offeror exceeds requirements; identified and described in detail (addressing a-c of section i), design-build projects that are similar in size and scope. Offeror design-build team has previous experience working together on design-build projects. Contains significant strengths and no significant weaknesses. There is an overall low degree of risk in meeting the VA’s requirements.

Offeror has identified and described in detail (addressing a-c of section i), design-build projects, but lack similarities in size or scope. Offeror design-build team does not have previous experience working together, but each has participated in design-build projects individually. Contains a few significant strengths and few significant weaknesses. There is an overall moderate degree in meeting the VA’s requirements

Offeror has identified and described in some detail (addressing a-c of section i), design-build projects, but are not similar in size or scope. Offeror design-build team does not have previous experience working together, and lack experience in design-build projects. There is a very high and unacceptable risk in meeting the VA’s requirements.

V. PHASE II Proposal Format & Criteria Offferors from Phase I, will be notified by the Contracting Officer if they are selected to submit a Phase II Proposal.

Offerors are to submit three (3) hard copies of their proposal and one (1) electronic copy (via email). Offerors shall prepare Technical Proposals with the Selection Criteria and Evaluation Factors in mind, in terms of both content and organization, to facilitate evaluation.

BID GUARANTEES ARE REQUIRED FOR PHASE II. See 52.228-1 BID GUARANTEE.

Offerors shall follow Solicitation instructions and proposal organization, appearance, & completeness.

A. COVER PAGE: Include solicitation number, project title, company particulars to include Dunns number, tax id number, principle points of contact, email address, mailing address, phone numbers, etc

B. TAB 1: Design Concepts (10 pages max. drawings are not included in page count.):

· Offeror shall include proposed design solution. Package shall include a general site layout, a general utility layout, expected demolition work, and a detailed description of the proposed solution.

· The Offeror shall describe the plan for phasing the work so that the facility remains operational while utilities are realigned. The narrative will also detail how the contractor intends to prepare the site, disassemble, relocate, reassemble, and reactivate utility services to the facility within any specified time limits.

· Describe any technical difficulties that may be encountered in a project of this type. Provide a risk management plant that address preventative measures or solutions to overcome these issues.

Design Concept - Evaluation Criteria

C. TAB 2 Management Approach (10 pages max):

· Describe how 15% of the cost of personnel for contract performance will be spent for employees of the concern or employees of other eligible service-disabled veteran-owned small business concerns (i.e. supervision, specific trade, design, etc)

· The team’s planning, team organization and responsibilities and capability to perform. technical and management approach to include project delivery philosophy, quality planning, team organization and responsibilities and capability to perform.

· Provided Quality Assurance/Quality Control Plan (approach to safety and compliance with infection control, projects plans and specifications). Demonstrate knowledge of and experience complying with OSHA, NFPA and VA requirements for safety during construction. Describe methods to be used to ensure that an OSHA certified Competent Person will maintain a presence at the work site whenever work is being done. Describe methods to be used to ensure all workers shall have received the required minimum 10-hour OSHA training.

· Project Organizational Chart and Narrative - Include team members submitted under Project Personnel Experience below. Clearly describe the prime responsible firm (or firms if a J/V) and individuals as well as the roles and responsibilities of individuals proposed as consultants and sub contractors. Provide a list all consultants and all proposed major subcontractors, including telephone number, address, and name of contact.

· Provide a progress schedule which should be scaled for time beginning with the Notice to Proceed and concluding with contract completion. Include the milestones and major portions of the contract work. All schedule items will show a start date and a completion date. The detailed schedule, will indicate specific tasks with dates for each step of the process including:

i. Design Period: The design period sub periods (i.e., first and second reviews, other meetings, internal QUALITY ASSURANCE /QUALITY CONTROL plan reviews, etc.).

ii. Construction Period: Mobilization; Demolition method and sequencing; Excavation; Structure Completion; Exterior finishing; Procurement and installation of equipment; Interior installation and phasing; Provisions for overtime or shift work; Site utilities, Tests and final inspection.

iii. General Project Delivery Schedule and Narrative - Show relationships between construction document development/completion (including required review activities) and construction activities for (at a minimum, utility relocation, excavation, substructure, structure, exterior façade, interior finishes, building systems, and site development.

iv. The Offeror shall specify how much allowance has been made for bad weather in the schedule, the days of the week and the hours of construction operations during each phase of the work, and the percentage of contract completion that will be achieved at the end of each month of the contract.

Management Approach - Evaluation Criteria

D. Tab 3 Proposed Team :

· Project Personnel Experience (Specialized experience and technical competence). The Offeror shall demonstrate the relevant experience of key project personnel. Supply this biographical data for key personnel for at least the following:

· Overall Project Manager

· Design Project Manager

· Construction Project Manager

· Architect/Engineer

· Safety Manager

· Quality Control Manager

· Superintendent

· Biographical data shall include the following:

· Name of individual.

· Company employed by.

· Company position title.

· Years with the company.

· Describe work experience with projects that were completed by the design build process, were medical facilities and/or work of similar nature

· An indication of which (if any) projects submitted under Relevant Experience the individual participated in and what the individuals responsibility was for that project

· Position that the individual will hold in regard to this contract/project team, description of duties and what percentage of the individual’s time would be committed to the project during both the design and construction phases.

Proposed Team - Evaluation Criteria

E. Tab 4: Offer Guarantee/Bid Bond

F. Tab 5: Price /Price Breakdown

· Pricing shall be formatted in a section that can be easily removed from the rest of the Offeror’s Proposal so it can be independently evaluated. Pricing shall be: broken down by trade, profit, overhead, and contain a total cost for the entire project.

1.1 52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of Provision)

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

(End of Provision)

2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of Provision)

2.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the—

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is

(End of Provision)

2.4 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

2.5 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American—Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Hand-Carried Address:

Department of Veterans Affairs James J. Peters VA Medical Center Network Contracting Office(NCO2) 130 West Kingsbridge Road Bronx NY 10468-3904 Mailing Address:

Department of Veterans Affairs James J. Peters VA Medical Center Network Contracting Office (NCO2) 130 West Kingsbridge Road Bronx NY 10468-3904

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

(End of Provision)

2.7 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for— October 18, 2018 at 10:00am

(c) Participants will meet at— NYHHS, Manhattan Campus, Annex Bld 1st Floor Conference Rm.

(End of Provision)

2.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Provision)

2.9 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (JAN 2008)

The supplies or equipment required by this invitation for bid or request for proposal must conform to the standards of the Industry and as to . The successful bidder or offeror will be required to submit proof that the item(s) he/she furnishes conforms to this requirement. This proof may be in the form of a label or seal affixed to the equipment or supplies, warranting that they have been tested in accordance with and conform to the specified standards. Proof may also be furnished in the form of a certificate from one of the above listed organizations certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.

(End of Provision)

2.10 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) Prime contractors are encouraged to assist service-disabled veteran-owned and veteran-owned small business potential subcontractors in obtaining bonding, when required. Mentor firms are encouraged to assist protégé firms under VA's Mentor-Protégé Program in obtaining acceptable bid, payment, and performance bonds, when required, as a prime contractor under a solicitation or contract and in obtaining any required bonds under subcontracts.

(End of Clause)

2.11 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008)

(a) Any protest filed by an interested party shall:

(1) Include the name, address, fax number, and telephone number of the protester;

(2) Identify the solicitation and/or contract number;

(3) Include an original signed by the protester or the protester's representative and at least one copy;

(4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents;

(5) Specifically request a ruling of the individual upon whom the protest is served;

(6) State the form of relief requested; and

(7) Provide all information establishing the timeliness of the protest.

(b) Failure to comply with the above may result in dismissal of the protest without further consideration.

(c) Bidders/offerors and contracting officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.

(End of Provision)

2.12 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998)

As an alternative to filing a protest with the contracting officer, an interested party may file a protest with the Deputy Assistant…