36C24222R0102_1.docx

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.

36C24222R0102 X 09-06-2022 528A8-16-807 Department of Veterans Affairs Samuel S . Stratton VA Medical Center 113 Holland Avenue (2-90NCA) Albany

NY

12208-3410 Department of Veterans Affairs Samuel S . Stratton VA Medical Center 113 Holland Avenue (2-90NCA) Albany

NY

12208-3410

CLEMENTE, TONY

518-258-5483 General Description: Contractor to provide all labor, equipment, supervision, and materials to repair the staff parking lot at the Stratton VA Medical Center located in Albany, NY 12208.

Project number: 528A8-16-807 Set-aside: 100% SDVOSB - This is a Total Service Disabled Veteran Owned Small Business (SDVOSB) set aside procurement.

Project Magnitude: between $5,000,000 and $10,000,000.

NAICS: 237990 Other Heavy and Civil Engineering Construction NAICS small business size standard: $39.5M

All offerors must be verified in Vetbiz at the time of offer submission. Failure to be both Verified by CVE and Visible on VetBiz prior to contract award will result in the offerors proposal being deemed non-compliant. All offerors are urged to contact the CVE and submit documents to obtain CVE verification of the SDVOSB status if they have not already done so. In accordance with FAR 52.204-7, prospective contractors shall be registered in the SAM database prior to award of a federal contract. All offerors must submit their VETS-4212 report.

All offerors shall submit information regarding their current Experience Modification Rate (EMR) that is equal to 1.0 or less than 1.0. This information shall be obtained from the offeror's insurance company and be furnished on the insurance carrier's letterhead.

Offerors are required to complete the Buy American Certification and the Limitations on Subcontracting Certification.

The Architect-Engineer that designed this project cannot be awarded the construction contract.

Site visit: September 15, 2022 at 10:00 AM ET. Location: Stratton VAMC Lobby, 113 Holland Ave, Albany, NY 12208.

All requests for information (RFI) and proposals must be emailed to Tony.Clemente@va.gov by dates specified in the solicitation.

X X 52.211-10 X

2:00PM

EDT

10-06-2022 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

Department of Veterans Affairs Samuel S . Stratton VA Medical Center Network Contracting Activity 113 Holland Avenue (2-90NCA) Albany

NY

12208-3410 Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/

Tony Clemente

Table of Contents

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

GENERAL PROPOSAL INFORMATION

(a) Proposal materials consisting of Request for Proposal, drawings, specifications and contract forms will be available on http://www.sam.gov in electronic format only. All interested parties (subs & primes) should register at http://www.sam.gov as an “Interested Vendor” so that others will know of your interest in participating in this procurement. A Offerors mailing list WILL NOT BE prepared by the Contracting Officer. SOLICITATION AMENDMENTS: Amendments to the solicitation will be posted at http://www.sam.gov. Paper copies of the amendments will NOT be individually mailed. By registering to “Receive Notification”, you will be notified by e-mail of any new amendments that have been issued and posted. No other notification of amendments will be provided. Offerors are reminded that they are responsible for obtaining and acknowledging all amendments to this solicitation prior to the time for receipt of offers.

(b) If an offer exceeds $150,000 a bid bond must be submitted. A bid guarantee is required in an amount not less than 20 percent of the bid price but shall not exceed $3,000,000. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for opening of bids, will require rejection of the bid in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then.

(c) If the contract will exceed $150,000 (see FAR 28.102-1 for lesser amount), the offeror 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.

(d) If the bid/offer is between $30,000 - $150,000 The bidder/offeror to whom award is made will be required to furnish a Payment Bond, Standard Form 25A or alternative payment protection which conforms to the requirements set forth in FAR Clause 52.228-13, Alternative Payment Protections, as noted in the General Conditions of this Specification. Copies of the Standard Form of Payment Bond may be obtained upon application to the Issuing Office.

(e) VAAR Clause 852.219-77 (included herein) is required to be completed and returned with each proposal. Proposals without a completed VAAR Clause 852.219-77 will be considered ineligible for evaluation and award.

(f) Service-Disabled Veteran-Owned Small Business Verification: This action is a 100% set aside for verified Service-Disabled Veteran Owned Small Businesses (SDVOSB) in VIP. The award of this solicitation shall not be delayed due to loss of SDVOSB verification. Proposals submitted by non-verified SDVOSB shall be excluded from award consideration.

(g) Joint Ventures must be verified SDVOSBs and registered in SAM at the time of solicitation response and at award.

(h) VETS-4212: Title 38, USC Section 4212(d), and Public Law 105-339, requires that federal contractors report, at least annually, the number and category of veterans who are within their workforce. This VETS-4212 report can be submitted per the instructions at https://www.dol.gov/agencies/vets/programs/vets4212. For assistance contact VETS-4212 customer support at 1-866-237-0275 or vets4212-customersupport@dolncc.dol.gov. For procurement awards in excess of $150,000, this report must be completed and accepted prior to any Federal contract award. Therefore, all potential contractors are encouraged to file every year.

(i) Proposals whose proposal contains a Teaming Agreement must provide the following information at time of proposal submittal:

· Legal name of company that will be teaming with the offeror firm

· Legal address of the company that will be teaming with the offer firm

· Duns & Bradstreet number of the company that will be teaming with the offeror firm

· Copy of the System Award Management (SAM) document of the company that will be teaming with the offeror firm.

· Offeror firm must submit a narrative identifying exactly how the Teaming Agreement will be written defining each party’s role in the preparation process and clearly defines separate roles for the proposed prime contractor and for the proposed subcontractor and how the proposed offeror intends to totally control contract performance. The teaming subcontractor must not have a role in contract management, particularly, a role where the teaming subcontractor employees are the key personnel. The narrative needs to contain the listing of team members, responsibilities of the team members, duration, and responsibilities of the team lead contractor. All bonds must be in the offeror’s name. Failure to provide complete narrative describe above at time of the proposal will be considered unacceptable and their proposal will be rejected.

Prior to award, should the selected offeror indicate their proposal contains a Teaming Agreement, the offeror has ten (10) calendar days to provide a duly executed Teaming Agreement acceptable to the Contracting Officer once the offeror is notified in writing. Failure to provide a duly executed Teaming Agreement within the ten (10) calendar day timeframe, the offeror will be considered unacceptable, and their proposal will be rejected.

PROJECT PROPOSAL ITEMS

See procedures for submittal of offers and proposal evaluation criteria

ADDITIONAL SUBMISSION DOCUMENTS

The following documents are to be included with the proposal submission:

(a) One (1) signed SF 1442 page 2, Offer page, with blocks 14-20c completed, AND the completed SF 1442 continuation page with amendments acknowledged.

· Include response to FAR 52.204-8(2) (i) or (ii) Annual Representations and Certifications

· Response to FAR 52.209-13(b)(1) or (2) Violation of Arms Controls Treaties or Agreements

(b) Acknowledgment of all amendments must be accomplished either via entering data in block nineteen (19) of the SF1442 or completing blocks fifteen (15) a, b, and c of the amendment and attaching it to the SF 1442 Offer page.

(c) One (1) original completed/signed SF24 Bid Bond and Power Of Attorney as required.

(d) One (1) signed VA Notice of Limitations on Subcontracting - Certificate of compliance for services and Construction

(e) One (1) signed Buy American Certificate

(f) Safety or Environmental Violations and Experience Modification Rate:

1) All Bidders/Offerors shall submit the following information pertaining to their past Safety and Environmental record. The information shall contain, at a minimum, a certification that the bidder/offeror has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or any EPA violation(s) in the past three years.

2) All Bidders/Offerors shall submit information regarding their current Experience Modification Rate (EMR) equal to or less than 1.0. This information will be obtained from the bidder’s/offeror’s insurance company and be furnished on the insurance carrier’s letterhead.

3) Self-insured contractors or other contractors that cannot provide their EMR rating on insurance letterhead may obtain a rating from the National Council on Compensation Insurance, Inc. (NCCI) by completing/submitting form ERM-6 and providing the rating on letterhead from NCCI. Note: Self-insured contractors or other contractors that cannot provide EMR rating on insurance letterhead from the states or territories of CA, DE, MI, NJ, ND, OH, PA, WA, WY, and PR will obtain their EMR rating from their state run worker’s compensation insurance rating bureau.

(g) Offerors are responsible for ensuring and verifying their offer and all required proposal documents are received at Tony.Clemente@va.gov and by the date and time specified in block thirteen (13)a of the SF 1442 solicitation (subject to amendment).

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

GENERAL INTENTION

The intent of this solicitation is to select one contractor to provide professional construction services in accordance with the Statement of Work (SOW), drawings, and specifications to Renovate Parking lot Construction. The period of performance is a firm 220 calendar days from issuance of the notice to proceed (NTP).

SITE VISIT

Offerors are urged and encouraged to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of performing these services. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

There will only be one (1) organized site visit. It will be held on Thursday, September 15, 2022 @ 10:00 AM (ET). Due to COVID, participants are required to wear a surgical mask while inside the building. Please bring a government issued photo ID. You will be met by the Contracting Officer and Contracting Officer Representative.

Attendance is not mandatory, however all bidders are strongly encouraged to attend.

REQUESTS FOR INFORMATION (RFI):

To obtain clarifications and/or additional information concerning the contract requirements or specifications, submit a written RFI via email to Tony.Clemente@va.gov.

RFIs will be responded to as necessary in amendment format which will be posted on http://www. sam.gov The deadline for submission of requests for information (RFI) for this solicitation is Thursday, September 22, 2022 at 2:00 PM (ET). No questions will be answered after this date/time unless determined to be in the best interest of the Government as determined by the Contracting Officer. Telephone RFIs will not be accepted or returned.

RESPONSIBILITY REQUIREMENTS

A Determination of Responsibility shall be accomplished for the apparent awardee prior to processing the award. The above information, along with other information obtained from Government systems, such as the OSHA and EPA online inspection history databases will be used to make the Determination of Responsibility. Failure to affirm being within the guidelines above or submit this information may result in a determination of “Non-Responsibility” for the bidder/offeror. NOTE: Any information received by the Government that would cause for a negative Determination of Responsibility may make the bidder/offeror ineligible for award.

This requirement is applicable to all subcontracting tiers, and prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors.

36C24222R0102

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Samuel S. Stratton VA Medical Center 113 Holland Avenue Albany, New York 12208

Scope of Work 528A8-16-807 Repair Parking Lots

A. General Scope of Work:

The 528A8-16-807 Repair Parking Lots project is the repair/modification of the existing employee parking lot at the Stratton VA Medical Center (VAMC) in Albany, New York. The employee parking lot is approximately 5.6 acres and is divided into two sections with a total capacity of approximately 800 vehicles. Access is through three gated points with one other access point that is generally used for maintenance activities.

The primary reason for the project is that there is a low spot in the parking area that is subject to persistent flooding, which has resulted in damaged vehicles. The flooding has been exacerbated by an ineffective drainage system within the parking lot as well as the City of Albany’s combined sewer, which bisects the parking lot, being undersized and unable to remove rainwater during high intensity events.

The Scope of Work generally includes:

· Removal of the existing pavement, drainage infrastructure, lot interior light poles, electric cabling, and access gate mechanisms.

· Remove an abandoned water line in the parking lot back to the meter vault.

· Provide temporary parking lot lighting.

· Re-grade the parking lot.

· Install new stormwater runoff piping, catch basins, subsurface storage structures and related appurtenances.

· Install stormwater runoff flow control equipment.

· Replace two of the three parking gate mechanisms and vehicle sensors in the pavement.

· Add information screens near the gates.

· Install the lighting removed in the selective demolition phase to new locations within the parking lot.

· Install new electric and control cabling.

· Install new pavement and striping.

The project area is the major parking facility for the Albany VAMC staff. The project is phased such that the majority of the parking area will be available during construction. Access to the available parking areas must be maintained at all times.

B. References:

The project is more fully described in detail in the accompanying project drawings and specifications. The plans are in color and should be viewed in color to fully understand all aspects of the project. The contractor shall perform all work necessary to accomplish the work indicated within the allotted time. As part of the close-out documentation, the Contractor shall provide as-built drawings in Adobe PDF or AutoCAD format.

C. Additional Information:

The Contractor shall provide all labor, supervision and materials necessary to perform the work as indicated in this scope of work, specifications and project drawings. The contactor shall make every effort to maintain the existing conditions that are not part of the project. In addition to following “FAR 52.236-9, Protection of Existing, Structures, Equipment, Utilities and Improvements” the contractor shall remove or alter existing work in such a manner as to prevent injury or damage to any portions of the existing work, which is to remain. The contractor shall repair or replace portions of the existing work, which have been altered or damaged during construction operations to match existing or adjoining work, as approved by the Contracting Officer and at no cost to the government. At the completion of operations, existing work shall be in a condition equal to or better than that which existed when new.

The Contactor shall verify all existing conditions on the site and in the facility infrastructure that the proposed project may affect before the commencement of any construction. This includes but is not limited to verifying the location and elevations of existing utilities, verifying site items as shown on the project drawings and taking appropriate field measurements. The government will not be held responsible for bidding errors made or the failure to adequately inspect the job site for existing conditions, dimensions or to fully review manufacturer’s information related to the project. All bidders are strongly encouraged to inspect the job site prior to submitting bids.

All discrepancies between the drawings, site conditions and manufacturer’s recommendations shall be brought to the attention of the Contracting Officer’s Representative prior to the commencement of work. The Contractor shall abide by the Scope of Work regardless of whether or not a manufacturer calls for the task, level of preparation, etc. in question. The only exception is where the Contracting Officer agrees in writing that the item or task specifically voids a manufacturer’s warranty and may be omitted. A credit for the work not performed may be due the government in such circumstances at the discretion of the Contracting Officer.

All drawings notated with “install, replace, provide or new” infer that the contractor is responsible for providing all materials and labor associated to complete that task or phase of the project as well as the project overall.

The Contractor shall examine the project area before work begins. As part of the project, the Contractor shall:

i. Provide a project schedule that addresses the needs of the VAMC facility that will or may be impacted by the work.

ii. Prepare and execute a well-managed plan to mitigate service disruptions and limit down time.

iii. Prepare a contingency plan with the VA’s input to provide access or service in the event of an unforeseen complication.

D. Schedule:

The work shall be substantially completed within 180 calendar days of the Notice to Proceed, unless otherwise agreed to in writing by the Contracting Officer. Provide the government with a development and construction project timeline that includes but is not limited to submittal submission dates, start of construction, completion of construction, performance testing and final hand over to government for use that is less than or equal to 220 days.

Rescheduling of any activities shall be done at no cost to the government unless negotiation and authorization of the rescheduled activity has been agreed upon by the Contracting Officer. Notify the Contracting Officer’s Representative at least 72 hours prior to starting demolition work, minor utility shut- downs, large deliveries or any event that may impact the normal operations of the facility.

E. Contractor Performance:

Use good construction practices and standards in completing all work. All work shall be performed by laborers that are fully versed and experienced in the trade that they are employed to do. Coordination with the government, of project progress and scheduled items, shall be a regular occurrence, initiated by the Contractor.

The VA’s project Contracting Officer’s Representative shall govern all work done during the project duration. The Contractor will immediately correct any work that the Contracting Officer’s Representative deems unacceptable or not in accordance with the plans or specifications.

F. Period of performance:

The successful offeror shall begin performance within 15 calendar days after receiving the notice to proceed and complete all work within the 220 calendar days (time specified in the award). Calendar days means every day of the week. Refer to the United States Office of Personnel Management for Federal holidays and any other holiday that is declared by President of the United States of America.

G. Superintendence:

The offeror shall provide, from their own staff, a competent 30-hour OSHA certified superintendent. This individual shall be 100% full time dedicated to supervision and assigned to this project while work is being performed on site. If the originally assignment superintendent is not available for any reason then the offeror must notify the Government immediately and provide an alternate competent superintendent. The offeror shall not divide or split up their superintendence duties among multiple projects at the same facility. Each project stands alone and requires a dedicated superintendent to be allocated and funded to that particular project.

H. Commissioning:

The commissioning of all required items shall be completed prior to the offeror providing any required training to government staff, the coordination/development of a Final Inspection and the resultant punch list.

I. Punch list:

The offeror must notify the Contracting Officer (CO) and Contracting Officer’s Representative (COR) of the project’s substantial completion. The offeror and Government must establish a date and time to perform a punch list walk through with all stake holders. The offeror is required to complete all punch list items during the established period of performance and not after the 220 calendar days.

PROCEDURES FOR SUBMITTAL OF OFFERS AND PROPOSAL EVALUATION CRITERIA

1. Basis for award.

The intent of this solicitation is to select one contractor to provide professional construction services in accordance with the Statement of Work (SOW), drawings, and specifications to Renovate Parking lot Construction.

The Government intends to use the “Best Value” tradeoff process source selection approach in accordance with FAR 15.101-1. Award will be made to the responsive responsible offeror whose offer in conformance with this solicitation, results in the best value to the Government, price plus other factors considered. The Contracting Officer will award a firm fixed price contract to the responsive responsible offeror whom the Source Selection Authority determines conforms to the solicitation, is fair and reasonable and offers the best overall value to the Government, all factors considered. The Government reserves the right to accept other than the lowest priced offer or to reject all offers.

2. Submittal of offers.

2.1 Offerors must provide all requested information for each factor. Proposals must address each element of the factors as indicated to be considered responsive to this solicitation. Factor headings should be typed in bold text for identification. It is the offeror’s responsibility to ensure the submitted proposal is in the proper format and the provided information is clear and free of ambiguities. Proposals should follow in the order of sequence set forth in the Request For Proposal (RFP). Information provided out of sequence may not be evaluated and may result in the offeror's disqualification from award. Requirements stated in this RFP are minimums. Innovative, creative or cost-saving proposals that meet or exceed the requirements should be clearly noted and justified in the proposal.

2.2 Offerors shall comply with the detailed instructions for the format and content of the proposal. Proposals that do not comply with the detailed instructions for the format and content of the proposal may be considered unacceptable and may render the Offeror ineligible for award.

2.3 All proposal materials shall be submitted in separate .pdf documents with a table of contents and tabbed section dividers. The sections should match the submission requirements identified below.

Volume I: Sections 1 – 3 Volume I: Sections 1-3 shall be submitted in .pdf. Proposals should be typed using 11- point Times New Roman font. Packages that are handwritten will not be evaluated. Failure to place the required submission information under the appropriate tab (factor or sub factor) and format may result in a lower rating if the evaluators cannot readily find the appropriate information.

Volume I Sections are to be prepared as follows:

Volume II: Section 4 Volume II: Section 4 shall be submitted as a .pdf and shall be submitted as a separate document, included with the proposal package. It shall include the following: Standard Form 1442, completed divisional cost break down sheet, any additional submission documents such as reps and certs, bid bond, Limitations on subcontracting certificate, Buy American Certificate, OSHA or EPA violation certification and EMR rating document (See additional submission documents).

2.4 All proposals shall be submitted in .pdf version to:

Tony.Clemente@va.gov

3. Proposal Evaluation Process.

3.1 A Source Selection Evaluation Board (SSEB) comprised of representatives of the Department of Veterans Affairs will evaluate the proposals. The identities of the SSEB personnel are confidential, and any attempt by the offerors to contact these individuals is prohibited. The evaluation will be based on the content of the proposal and any subsequent discussions, if necessary, as well as information obtained from other sources, e.g. past performance information.

3.2 The proposal evaluation consists of four parts: Technical Capability, Past Performance, Schedule and Price Evaluation.

3.2.1 Schedule, Management approach Evaluation and technical: Proposals will be evaluated against the Evaluation Factors and Criteria as identified in paragraphs below.

3.2.2 Price Evaluation: After the SSEB completes the Technical evaluation the Contracting Officer will evaluate Volume II price proposals.

4 Evaluation Factors

4.1 Proposals will be evaluated in accordance with the Evaluation Factors identified below. Technical Capability, Past Performance are equally important. Schedule is less important than Factor one (1) and two (2) but more important than four (4), and when all three of these evaluation factors are combined, they are more important than Price.

4.2. As demonstrated in their proposals, offerors will be evaluated in terms of the offeror’s ability to meet or exceed the project’s requirements as identified in the SOW, and those proposals demonstrating an ability to exceed specified requirements may be rated higher in those areas than proposals demonstrating only the ability to meet requirements. Offerors are reminded to include their best technical and price terms in their initial offer and not assume that they will have an opportunity to participate in discussions or be asked to submit a revised offer.

The Government intends to make award to a responsible offeror submitting a conforming proposal without discussions, if deemed to be in the best interest of the Government

5 EVALUATION FACTORS:

5.1 Evaluation Factor 1 - Technical Capability: Offerors shall submit a clear and concise narrative not to exceed 25 pages (front and back side use of a single page will count as 2 pages). This page limit excludes the Organizational Chart (with brief relevant details of individuals' experiences/qualifications), Tentative Schedule, Quality Control Plan synopsis. Company advertising literature shall not be included. The narrative shall address the two (2) sub-factors detailed herein. The sub-factors, listed under Evaluation Factor 1, are of equal importance. An overall rating will be assigned at the Factor Level only based on all reviewers' ratings. The Government will evaluate the offeror's answers for information and completeness.

Sub-factor 1: Management Approach.

Using the information submitted in response to the solicitation, the Government will evaluate the offeror’s ability to successfully manage the project.

1. Offerors shall identify key personnel proposed for the project and their documented experience on successful completion of other similar projects.

2. Offerors shall discuss the sequence of work to be performed in a realistic fashion; i.e. coordination with subcontractors.

3. Offerors shall describe in detail the steps that they will implement to ensure this project is completed timely and successfully. Offerors are not limited to but should at least discuss phasing, communication, quality assurance, quality control, and project monitoring to determine if the offeror understands how to ensure timely completion and control of the project.

Sub-factor 2: Experience.

The offeror shall discuss their technical expertise and experience with excavation and backfill, grading, drainage structures and piping, and related work in creating a paved surface such as a parking lot or roadway at an active facility. The information provided should be for the offeror, not for proposed subcontractors.

5.2 Evaluation Factor 2 - Contractor's Past Performance

Submission Requirements: Contractor Past Performance - Project Recency and Relevancy

Using the information submitted in response to the solicitation, the Government will evaluate the offeror’s technical expertise to determine acceptability. The past performance section shall not exceed four (4) pages and shall be rated based on recent and relevant project submittals. To be evaluated favorably the offeror must provide details of three (3) previous similar contracts within the past three (3) years including:

1) Project description, at a minimum, the description should include scope, size and dollar value of the project and can include photographs, to determine recent and relevant past performance.

2) Show the participation of key personnel (identified previously with resume) in the listed projects. The offeror can also include the subcontractors by company name. Including subcontractors may be beneficial to show the experience of the company in addition to the key personnel.

3) Include customer's point of contact (name, title, phone number, and email).

In accordance with FAR 15.306(a)(2), if award will be made without conducting discussions, offerors may be given the opportunity to clarify certain aspects of their proposals, e.g., the relevance of an offeror's Past Performance information and adverse Past Performance information to which the offeror has not previously had an opportunity to respond, or to resolve minor clerical errors.

Evaluation Criteria Contractor Past Performance - Project Recency and Relevancy The SSEB will evaluate the Project Recency and Relevancy based on the information provided by the contractor.

Evaluation Criteria Contractor Past Performance - Confidence The SSEB will evaluate the degree of successful completion of the recent and relevant past performance identified in the proposal in response to Volume I, Section 2, Past Performance, for the prime contractor past performance along with the designated team of subcontractors. Documentation of satisfactory performance of projects similar in size, scope, and dollar value will be considered to have met the minimum requirements of the RFP. Projects that are not determined similar in size, scope and dollar value may not be considered. Past performance will be evaluated in accordance with FAR 15.305(a)(2). Evaluations may include past performance information regarding predecessor companies, key personnel who have relevant experience or subcontractors that will perform major or critical aspects of the requirement. Offerors without a record of relevant past performance or for whom information on past performance is not available may not be evaluated favorably or unfavorably on past performance and shall receive a neutral rating for Past Performance. Offerors may provide information on problems encountered on the identified contracts and the corrective action taken, if desired. This shall be rated based on the confidence portrayed for each of the projects submitted.

A neutral rating is given when no current and/or relevant performance record is identifiable upon which to base a meaningful performance risk prediction. Government Personnel were unable to identify any relevant Past Performance information for the offeror or key team members/subcontractors or their key personnel. This is neither a negative or positive assessment and represents and unknown risk.

This information shall be submitted for this procurement using Exhibit C, Past Performance Questionnaire, transmitted via Exhibit B, Sample Transmittal Letter and past Performance Evaluation Questionnaire.

5.3 Evaluation Factor 3 - Contractor's Schedule

Submission Requirements: Contractor Schedule The SSEB will evaluate the degree of presentation and understanding of the offeror’s proposed Schedule.

The progress schedule will be in a time scaled bar graph format. The horizontal axis will be scaled for time beginning with the tentative Notice to Proceed and concluding with contract completion. The vertical axis will show the milestones and major portions of the contract work including all phasing. 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:

Construction Period: Mobilization; abatement; demolition method and sequencing; excavation; provisions for overtime or shift work; site utilities, roadway realignment including temporary re-routed Medical Center vehicular and pedestrian routes; final grading; punch list; final inspection; demobilization.

General Project Delivery Schedule and Narrative: Show relationships between construction activities for (at a minimum), demolition, utility removal and/or relocation, excavation, and grading.

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 sequence of the work, and the percentage of contract completion that will be achieved at the end of each month of the contract.

Short Schedules - The Offeror must provide for completion within the time frame (number of days after receipt of the Notice to Proceed). The maximum anticipated days of completion for this project is indicated on the Standard Form 1442 Construction, Offer and Award (Construction, Alteration or Repair. This duration shall establish the contract completion date. Short schedules will not be accepted. Critical path activity durations shall total the number of days indicated on Standard Form 1442.

5.4 Evaluation Factor 4 - Volume II - Price Information

The offeror shall complete and submit Standard Form 1442. The offeror shall submit a price based on divisions that are further broken down by the line items. See attached division cost breakdown template. Note: If discussions or negotiations occur, the Government may require additional cost information.

Discounts: Prompt payment discounts will not be considered in the evaluation of offers

In the event a minor clerical error has occurred, then the offeror may be given an opportunity to correct the minor error within the constraints of the “clarifications” process or the Contracting Officer determines discussions are required.

Discussions Government intends to make award to a responsible Offeror submitting a conforming proposal without discussions if deemed to be in the best interest of the Government

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 Albany, NY

(End of Provision)

2.4 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, 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)

2.5 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021)

(a) Offerors shall obtain from each person acting as an individual surety on a bid guarantee—

(1) A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203–1; and

(2) Standard Form 28, Affidavit of Individual Surety.

(b) The Offeror shall include with its offer the information required at paragraph (a) of this provision within the timeframe specified in the provision at FAR 52.228–1, Bid Guarantee, or as otherwise established by the Contracting Officer.

(c) The Contracting Officer may release the security interest on the individual surety’s assets in support of a bid guarantee based upon evidence that the offer supported by the individual surety will not result in contract award.

(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:

Tony Clemente Contracting Officer Hand-Carried Address:

Email directly to Tony Clemente

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