36C24222R0009 0002.docx

5. PROJECT NUMBER (if applicable)

CODE

7.

ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER

3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF

PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO.

1. CONTRACT ID CODE

FACILITY CODE

CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE

OF YOUR

ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office.

is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO:

Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERE

D CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES

SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendmen t, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED

STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER

16A. NAME AND TITLE OF

CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30

PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243 (Type or print) (Type or print) (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code) (If other than Item 6) (Specify type of modification and authority) (such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF

SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer) 528-22-1-5192-0001 528A5-22-510 36C242 Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga NY 14227 36C242 Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga NY 14227 To all Offerors/Bidders

36C24222R0009 12-02-2021

X X X December 14, 2021 4:30 Eastern Time

528-3620162-5192-854200-3220 23NRNR001

X The purpose of this amendment is to add the Two-Phase Design-Build Selection Procedures to the Solicitation. This document contains submittal instructions.

All Other Terms and Conditions remain unchanged.

David M. Esmay Contracting Officer

CONTINUATION PAGE

Connect Building 7 & 8 to Chiller Plant Canandaigua, NY VA Medical Center Project #528A5-22-510

RFP #36C24220R00009

Amendment A0002

It has come to the Contracting Officer’s attention that the instructions for Phase I and II submittals was omitted from the beta.sam posting. The instructions are:

PROPOSAL EVALUATION/SELECTION CRITERIA

TWO-PHASE DESIGN-BUILD SELECTION AND EVALUATION PROCEDURES

I. General Information for Proposal Evaluation/Selection Criteria:

A. This will be a two-phased evaluation process utilizing the TRADE OFF PROCESS. A tradeoff process is appropriate when it may be in the best interest of the Government to consider award to other than the lowest priced offeror or other than the highest technically rated Offeror. FAR 15.101-1 B. All evaluation factors, other than cost or price, when combined, will be considered approximately equal to cost or price. Evaluations are subjective based on the information provided in response to the information requested in the evaluation factors. Each evaluation factor, other than cost or price 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.

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. Phase II will require offerors to address how 15% of the cost of the contract will be performed by SDVOSB labor, whether the prime contractor or a similarly situated subcontractor.

E. Phase I and Phase II: A qualified technical evaluator will evaluate technical sections of each proposal to determine the offerors 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 proposal. Each offerors 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 in 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. Proposals shall be based on this solicitation and shall 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.” 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 proposals electronically (via email). Proposals shall be in Arial 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. In the page limits discussion, one (1) page refers to one (1) side of a typed page. 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: Davidm.Esmay@vagov. The overall size of the electronic file shall not exceed 5MB; if additional space is required, divide the file into segments with each file size less than 5MB and email each file attachment separately. No more than the first 2 files at 5MB each will be considered.

IV. PHASE I Proposal Format & Criteria Offerors are to submit (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), principal points of contact, email address, mailing address, phone numbers, etc

B. TAB 1:

· SF 1442, acknowledgement of any amendments C. TAB 2: Technical Approach (5 pages max):

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

D. TAB 3: Technical Qualifications (5 pages max):

· Briefly identify 3 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)).

E. TAB 4: Past Performance and Experience (5 pages max):

· 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. Submit a maximum of 3 example 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.

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

Offerors are to submit 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 DUNS 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 including 30% drawing(s)) to connect buildings 7 and 8 to the new chiller plant. . Package shall include a general site layout, a general utility layout, proposed equipment 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 construction work is conducted. 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 plan that address preventative measures or solutions to overcome these issues.

· Offeror shall describe their capacity to accomplish the work in the required time as described in the scope of work. Submission shall show the firm’s ability to concurrently perform and manage multiple projects in different locations to meet aggressive schedules.

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 similarly situated service-disabled veteran-owned small business concerns (i.e. supervision, specific trade)

· 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 Joint Venture) 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 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, , construction of new equipment, concrete work, shutdowns, feeder replacement, power connections, distribution circuit transfers, new equipment testing, demolition of existing equipment, restoration of concrete floors and remainder of construction site.

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.

D. Tab 3 Proposed Team (10 pages max):

· 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.

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.

SUBCONTRACTING LIMITATION CERTIFICATION

Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that—

If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

1. General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

2. The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

3. If VA determines that an SDVOSB/VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(a) Referral to the VA Suspension and Debarment Committee;

(i) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(ii) Prosecution for violating section 1001 of title 18.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror’s proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification:

I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee: ________________________________________

Printed Title of Signee: _________________________________________

Signature: ___________________________________________________

Date: _____________________

Company Name and Address: ____________________________________