36C24420R0004-002.docx

36C24420R0004

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.

36C24420R0004

X 01-23-2020

503-20-1-5071-0003

503-315 00244 Department of Veterans Affairs Network Contracting Office 4

See attached delivery schedule

Donald Kalivoda 814-860-2917 This solicitation is to provide all demolition, general construction and alternations necessary to provide the new Expand Outpatient Clinics for Patient Alligned Care Team (PACT) project as indicated in the drawings and specifications.

Wage Determination PA 202000 dated 01/03/2020 applies to this solicitation. The Contractor shall be responsible for the correct title of classification of workers and compliance with applicable wage and hour laws.

Tied Evaluation (Cascading) Incluing Large Business Concerns as established in 38 U.N.C. 8127 Tiered Evaluations. This solicitation is being issued as tiered evaluation with the following tiers: (1) SDVOSB Concerns, (2) VOSB Concerns,

(3) small business concerns with HUBZone small business concerns and 8(a) participants having priority; and

(4) large business concerns. If award cannot be made, the solicitation will be cancelled and the requirement resolicited.

The North American Industry Classification System (NAICS) code is 236220 and the Small Business Size is $36.5 Million.

52.211-10

2:00 pm 03-06-2020

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

Offeror shall complete Attachment A - Proposal Schedule on Page 3

00244

Network Contracting Office 4

Austin Payment Center

PO Box 149971 Austin TX 78714-9971

(877) 353-9791

(512) 460-5429

Table of Contents

PRICE/COST SCHEDULE

ITEM INFORMATION

ACCOUNTING AND APPROPRIATION DATA

A.3 DELIVERY SCHEDULE

001 Extend Outpatient Clinics for PACT 1 365 days after NTP

Page 1 of

Attachment A - Proposal Schedule

Proposal Schedule, Continuation of Block 17 of SF-1442

Notice to Offerors: The Department of Veterans Affairs intends to award a single contract to the offeror whose proposal is in conformance with this solicitation. A single award will be made on Proposal Item #1- Base Proposal, but in the event the offer exceeds the funds available, the Government will evaluate and a single award will be issued on Proposal Item #2 – Alternate #1. Should the proposal offeror still exceed the funds available a single award will be issued on Proposal Item #3 – Alternate #2.

Statement of Work – General Construction Work including general construction, alterations, roads, walks, grading, drainage, necessary removal of existing structures and construction and certain other items.

Proposal Item #1 Base Proposal: The Contractor shall provide all necessary tools, labor, materials, equipment, permits, license, and supervision for “Expand Outpatient Clinic for Patient Aligned Care Team (PACT), Project Number 503-315, located at the James E. Van Zandt VA Medical Center in Altoona, PA, in accordance with the drawings and specifications. Work includes, but is not limited to, General Site Clearing and Preparation, General Demolition, Construction, Plumbing, Structural, HVAC, Electrical, and Fire Protection.

Base Proposal: 1 JOB Total Price $_________________________

Proposal Item #2: Deduct Alternate #1: Perform all work as in Proposal Item #1 except delete Red Clinic Improvements. .

Deduct Alternate #1: 1 JOB Total Price $_________________________

Proposal Item #3: Deduct Alternate #2: Perform all work as in Proposal Item #2 except delete five (5) Exam Rooms, delete Pharmacy rework except as noted, relocate Storage Room and execute work as indicated on plans (reroute corridor adjacent Pharmacy), See Bid Alternate Sheet 1-1-40.

Deduct Alternate #2: 1 JOB Total Price $_________________________

Offeror Solicitation Information:

(a) Solicitation Notice of Tiered Evaluation – TIERED EVALUATIONS INCLUDING LARGE BUSINESS CONCERNS: This solicitation is being issued as tiered evaluation with the following tiers: (1) SDVOSB concerns, (2) VOSB concerns, (3) small business concerns with HUBZone small business concerns and 8(a) participants having priority; and (4) large business concerns. If award cannot be made, the solicitation will be cancelled, and the requirement resolicited.

(b) Pricing shall be submitted utilizing the Proposal Schedule, Continuation of Block 17 of SF-1442 on page 3. Offerors are urged to type or print pricing legibly.

(c) A Bid Bond is required for this solicitation. A bid guarantee is required in an amount not less than 20 percent of the bid price but shall not exceed $3,000,000.00 Bid Bond is to be executed on a SF 24. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for the 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.

(d) Offers are to be valid for 120 calendar days for acceptance. Any offer less than 120 calendar days will not be considered and will be rejected as non-responsive.

(e) A formal site visit is scheduled for this solicitation on February 03, 2020 at 1:00 pm EST at the Altoona VA. All contractors will then proceed to Building 2, Conference Room 121. See Federal Acquisition Regulation (FAR) Clause 52.236-27 for information.

(f) Offerors are alerted that there are ten (10) Brand Name Only items as part of this solicitation - See Clause Department of Veterans Affairs Acquisition Regulation (VAAR) Subpart 852.236-90 Restrictions on Submission and Use of Equal Products. Proposals containing items other that those specified in this clause will be considered non-responsive and will be cause for rejection.

(g) Technical Questions: Questions of a technical nature must be provided in writing and shall be submitted by prospective offerors to attention: Donald Kalivoda. Questions shall be submitted only via e-mail to: donald.kalivoda@va.gov. The subject line must read: 36C24420R0004 - Technical Questions. Oral questions of a technical nature are not acceptable due to the possibility of misunderstanding or misinterpretation. Furthermore, only questions received from Prime/General contractors will be replied to. All questions must be received no later than 11:00 A.M. EST , February 14, 2020. No telephone request will be honored. Any questions received after this time will NOT be considered and a response will NOT be given. All technical questions and Government responses will be posted on FedBizOpps in an amendment to the solicitation.

(h) All offerors must be registered in the System Award Management System (SAM) data base at time of proposal submittal. Offerors must be verified in the Department of Veterans Affairs (VA) Center for Veterans Enterprise (CVE) at http://www.vetbiz.gov/ at time of proposal submission in accordance with Department of Veterans Affairs Acquisition Regulation (VAAR) Subpart 819.7003(b). Any offeror not CVE or SAM verified at time of bid submittal will be disqualified and proposal will be rejected.

(i) Disclosure of the magnitude of construction: Between $5,000,000.00 and $10,000,000.00

PROCEDURES FOR SUBMITTAL OF OFFERS AND PROPOSAL EVALUATION CRITERIA

1. Overview.

1.1 The intent of this solicitation is to select one contractor to provide professional construction services per the Statement of Work (SOW), drawings, and specifications for Expand Outpatient Clinics for PACT, Project 503-315.

1.2 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. This procurement is set-aside based on an order of priority as established in 38 U.N.C. 8127 Tiered Evaluations including Large Business Concerns. This solicitation is being issued as a tiered evaluation with the following tiers: (1) SDVOSB concerns, (2) VOSB concerns, (3) small business concerns with HUBZone small business concerns and 8(a) participants having priority; and (4) large business concerns. If award cannot be made, the solicitation will be cancelled, and the requirement resolicited.

2. Submittal of offers.

2.1 Offerors submitting proposals for this project should limit submissions to data essential for evaluation of proposals, so that a minimum of time and monies will have been expended in preparing information required herein: however, in order to be effectively and equitably evaluated, the proposals must include information sufficiently detailed to clearly describe the offeror's experience, technical approach, and management capabilities to successfully complete the project. 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 must 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 non-responsive and may render the Offeror ineligible for award.

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

Volume I: Sections 1 – 2 Volume I: Sections 1-2 shall be submitted in original with two (2) copies and on a compact disk (CD) to the Contracting Officer. Must 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 II: Section 3 Volume II: Section 3 shall be submitted as an original only, and shall be placed in a separate envelope, included in the proposal package.

2.4 All proposals shall be submitted to:

Donald Kalivoda Contracting Officer Hand-Carried Address:

Department of Veterans Affairs Erie VA Medical Center Building 6; Room 108-6

Mailing Address:

Department of Veterans Affairs Erie VA Medical Center Building 6; Mail Stop C90 135 East 38th Street Erie, PA 16504

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. SSEB may also include Architect and Engineering firm non-voting members. 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. Offerors are advised that the technical evaluation and rating of proposals will be conducted in strict confidence in that technical and past performance proposals are reviewed and rated without knowledge of the price offered. During deliberation, the number and identities of offerors are not revealed to anyone who is not involved in the evaluation and award process or to other offerors. Proposals will be evaluated based on the factors described herein, and 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 and other factors considered.

3.2 The evaluation process essentially consists of three parts: Technical, Past Performance and Price Evaluation.

3.2.1 Technical and Past Performance Evaluation: Volume I 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 and Past Performance evaluation, the SSA will compare the relative advantages and disadvantages of the technical proposals and weigh against the prices to determine which proposal represents the best value to the Government.

4.1 Evaluation Factors

4.1.1 Proposals will be evaluated in accordance with the Evaluation Factors identified below. Technical Capability and Past Performance are equal and when combined are significantly more important than Price.

Evaluation Factor 1 – Technical Capability Evaluation Factor 2 – Past Performance Evaluation Factor 3 – Price

4.1.2. As demonstrated in their proposals, Offerors shall 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 automatically 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.

4.2 Volume I - Technical Proposal (Three-Ring Binder)

4.3 Volume II - Price Proposal

Section 3 Standard Form 1442, Proposal Pricing Page, and any additional submissions such as Certs and Reps and Bond from Surety.

5.1 Evaluation Guidance: Technical Capability and Past Performance are equal and when combined are significantly more important than Price.

5.1.1 Evaluation Factor 1 – Technical Capability: Provide a clear and concise narrative not to exceed forty (40) pages (front and back side use of a single page will count as 2 pages) company advertising literature shall not be included. The narrative shall address the following three (3) sub-factors. The sub-factors, listed under Evaluation Factor 1, are of equal importance. The Government will evaluate the offeror’s answers to Exhibit A Technical Proposal Data.

Experience Capability Quality Control

a) Experience:

Using the information on the Technical Proposal Data (Exhibit A), and the projects/contracts discussed and listed in Exhibit B, Past Performance Relevancy Questionnaire, the Government will evaluate the quality and extent of related experience and determine if the offeror has the experience to manage construction projects, which are comparable to the work requirements of this solicitation.

b) Capability:

The Government will evaluate the offeror’s answers to the Technical Proposal Data questions and attachments concerning scheduling, construction approach, overall organization, organizational chart, as well as number of personnel and the duties of proposed technical staff to determine if offeror has the ability to manage multi-discipline projects within the areas of consideration chosen without significant difficulty. The specific criteria proposed (skill levels and background) for personnel, if adequate, is an indicator of an acceptable organization.

The proposed subcontractors, applicable for multi-discipline consideration, are verifiable, and information provided indicates a good professional relationship with iron workers, electricians, HVAC, carpenters, plumbers, concrete, etc. Subcontractors shall have completed Exhibit C – Subcontractor Information and Consent form.

The Government will evaluate the offeror’s answers to Exhibit A Technical Proposal Data concerning scheduling methodology to determine if they have scheduling processes that ensure completion and control of the project from beginning to the end of the project.

Also note any improvements exceeding the RFP requirements or betterments provided, including an explanation of proposed systems, as outlined in SOW.

c) Quality Control:

The Government will evaluate the offeror’s answers to Technical Proposal Data questions and attachments concerning proposed quality control activities and proposed safety program, including, but not limited to, training and documentation for compliance with the solicitation requirements.

Evaluation Criteria The Narrative will be evaluated for completeness, thoroughness, and functionality. Pages beyond the forty (40) maximum specified will not be read or evaluated.

The SSEB will review the Technical information and establish a rating for each offeror using the following:

Outstanding Good Acceptable Marginal Unacceptable

5.1.2 Evaluation Factor 2 – Contractor’s Past Performance

Submission Requirements: Contractor Past Performance – Project Recency and Relevancy

· The VA requests three (3) construction projects that best illustrate contractor’s prime and subcontractor’s team’s qualifications completed within the past five (5) years. This documentation shall be submitted in accordance with Exhibit B, Past Performance Relevancy Questionnaire. The document should be written to show the team’s construction performance and qualifications with respect to Patient Aligned Care Teams (PACT) construction for both new and renovation construction of outpatient clinics and projects of a similar construction complexity and cost. The past performance section shall not exceed four (4) pages and shall be rated based on recent and relevant project submittals.

Please provide:

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) The Government may also use other tools including but not limited to CPARS, Vet Biz, Dunn & Bradstreet, and Federal Awardee Performance and Integrity Information System (FAPIIS) to gather documentation on past performance.

4) 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 from Exhibit B and Exhibit C and will determine the recency and relevancy rating as follows:

Very Relevant Relevant Somewhat Relevant Not Relevant Neutral 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. The Government reserves the right to check any or all cited references to verify supplied information and to assess owner satisfaction as to quality, schedule, cost and management. The Government may also use other tools such as CPARS, Vet Biz, Dunn & Bradstreet, Federal Awardee Performance and Integrity Information System (FAPIIS) to gather documentation on past performance, and personal knowledge of offeror. 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. This information shall be submitted for this procurement using Exhibit F, Past Performance Questionnaire, transmitted via Exhibit E, Sample Transmittal Letter.

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.

The SSEB will review the past performance information and establish a performance confidence assessment for each offeror using the following rating:

Substantial Confidence Satisfactory Confidence Limited Confidence No Confidence Neutral

5.1.3 Volume II - Price Information

Section 3: Price The offeror shall complete and submit Standard Form 1442. The offeror shall submit a price based on the line items. In addition, Exhibit D, calculations of self-performed work, must be completed and submitted, in accordance with FAR 52/219-14, limitations on subcontracting and included in Volume II.

Note; If discussions or negotiations occur, the Government may require additional cost information.

Evaluation Criteria The price will be evaluated by the Contracting Officer for reasonableness by using price analysis.

Discussions The government MAY conduct discussions, if necessary, in accordance with FAR 15.306.

6.0 Tiered Evaluations (Cascading)

This solicitation is released as a Tiered Evaluations (Cascading) in accordance with VA Procurement Policy Memorandum 2018-04 as established in 38 U.N.C. 8127 Tiered Evaluations including Large Business Concerns . The tiered evaluations will include Service Disabled Veteran Owned Small Business (SDVOSB), Veteran Owned Small Business (VOSB), Small Business (SB) and Large Business (LB). The CO will review all proposals that are received and will determine the order the SSEB will begin evaluating them. Evaluation will be performed in the following order:

6.1 The CO will send the SSEB all the SDVOSB proposals received. The SSEB will perform a Technical Evaluation on all proposals sent to them in accordance with Paragraph 5.1. If no offers were submitted by SDVOSB concerns, or if none of the offers would result in award at a fair and reasonable price that offers best value to the United States, the CO will withdraw the SDVOSB set-aside, document the basis for not making an award within this tier as prescribed and proceed to the set aside for VOSB.

6.2 The CO will send the SSEB all the VOSB proposals received. The SSEB will perform a Technical Evaluation on all proposals sent to them in accordance with Paragraph 5.1. If no offers were submitted by VOSB concerns, or if none of the offers would result in award at a fair and reasonable price that offers best value to the United States, the CO will withdraw the VOSB set-aside, document the basis for not making an award within this tier as prescribed and proceed to the set aside for Small Business.

6.3 The CO will send the SSEB all the Small Business proposals received. The SSEB will perform a Technical Evaluation on all proposals sent to them in accordance with Paragraph 5.1. If no offers were submitted by Small Business concerns, or if none of the offers would result in award at a fair and reasonable price that offers best value to the United States, the CO will withdraw the Small Business set-aside, document the basis for not making an award within this tier as prescribed and proceed to the set aside for Large Business.

6.4 The CO will send the SSEB all the Large Business proposals received. The SSEB will perform a Technical Evaluation on all proposals sent to them in accordance with Paragraph 5.1. If no offers were submitted by Large Business concerns, or if none of the offers would result in award at a fair and reasonable price that offers best value to the United States, the CO will withdraw the Large Business set-aside, cancel the solicitation, document the cancellation in a memorandum of the record and conduct additional market research to inform a follow-on acquisition strategy.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

52.211-6 -- Brand Name or Equal (Aug 1999)

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must—

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by—

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

(End of provision)

In accordance with Federal Acquisition Regulation (FAR) 52.211-6 Brand Name or Equal (AUG 1999), offerors proposing to furnish an “equal'' product other than referenced in the table below , shall provide an attached sheet(s) to their proposal with the following description for each equal product they are proposing (See also FAR 52.211-6 (b) along with any descriptive material. Any “or Equal” product proposed after the proposal opening will not be considered.

Bidding on:

Brand Name Mfg. Name: ________________________________________ Product Type: _________________________________________________ Product: _____________________________________________________ Specification Section Number: ____________________________________ “Or Equal” Manufacturer's Name: ________________________________ “ Or Equal” Product Number: ______________________________________

· Magnolia acuminata – Drawing 1-1-L1

· Berberis thunbergii – Drawing 1-1-L1

· Itea virginica – Drawing 1-1-L1

· AA Wire Products – Rebar Positioner AA225, AA239, AA238 – Drawing 1-1-S2

· HILTI HIT-HY70 Adhesive Anchor – Drawing 1-1-S9

· HILTI HIT-HY200 – Drawing 1-1-S9

· HILTI KWIK HUS-EZ – Drawing 1-1-S9

· Nystrom EJ-RJS-200 W – Drawing 1-1-51

· Nystrom EJ-LCA-200 – Drawing 1-1-55

· Nystrom EJ-EWN-200 – Drawing 1-1-55

· Nystrom EJ-NBR-200 – Drawing 1-1-55

· Nystrom EJ-LCWF-200 – Drawing 1-1-55

· Nystrom FES2-200 – Drawing 1-1-55

· Nystrom WJ-200 – Drawing 1-1-55

· EPY-01 Benjamin Moore – Drawing 1-1-62

· LVT-01 Armstrong Natural Creations Arbor Art Avalia Oak Moroccan Sand NA190 – Drawing 1-1-62

· LVT-02 Armstrong Natural Creations Arbor Art Avalia Oak Warm Capri NA191 – Drawing 1-1-62

· PT-01 American Olean Ultramodern UM0644CHIP Beyond Beige – Drawing 1-1-62

· WSV-01 Mannington Commercial Vivendi Collection Heterogeneous Sheet Flooring VIV017 Cashmere Perennial – Drawing 1-1-62

· CPT-01 Mannington Commercial TXSTYLE Austen 44234 Bark II – Drawing 1-1-62

· PTB-01 American Olean Ultramodern UM0644CHIP Beyond Beige – Drawing 1-1-62

· RB-01 Roppe 4” Tall 122 Natural – Drawing 1-1-62

· RB-02 Roppe 4” Tall 174 Smoke – Drawing 1-1-62

· P-01 Sherwin-Williams SW 7042 Shoji White – Drawing 1-1-62

· P-02 Sherwin-Williams SW 7638 Jogging Path – Drawing 1-1-62

· P-04 Sherwin-Williams SW 7042 Shoji White – Drawing 1-1-62

· AT(SP) USG Clean Room Climaplus 56099 Unperforated 2’x2’x5/8” 050 Flat White 15/16” Donn CE Gasketed Grid in White – Drawing 1-1-62

· AT-01 USG Sandrift Climaplus #808 Shadowline 2’x2’x3/4” 050 Flat White 15/16” Donn DX Grid in White – Drawing 1-1-62

· PLAM-01 Formica Formica Laminate 8826-58 Neutral Twill Matte – Drawing 1-1-62

· PLAM-02 Wilsonart Wilsonart Laminate Premium Aeon 7971K-12 Uptown Walnut – Drawing 1-1-62

· PLAM-03 Wilsonart Wilsonart Laminate Premium Aeon 7885K-78English Oak – Drawing 1-1-62

· PLAM-04 Midmark Synthesis Casework Collection Path – Drawing 1-1-62

· CC-01 Inpro Audubon Seed – Drawing 1-1-62

· SS-01 Corian Private Collection Burled Beach – Drawing 1-1-62

· SS-02 Corian Dupont Cottage Lane – Drawing 1-1-62

· CGS-01 Acrovyn Cornerguard Stainless Steel Flush – Drawing 1-1-62

· CGS-02 Korogard Traffic Patterns TP2R21-22 Remembrance Sisal Mesa-S Texture Traffic Patterns – Drawing 1-1-62

· EGS C-S Group TBD-End Guard Stainless Steel Flush – Drawing 1-1-62

· WP-02 C-S Group Handrail, Wall Protection, Crashrail 6” Tall Clear – Drawing 1-1-62

· WC C-S Group Wall Protection, Crashrail .040” Thick Clear – Drawing 1-1-62

· DWD-01 Quarter Sawn White Oak Factory Polyurethane Clean Finish – Drawing 1-1-62

· GT-01 Laticrete Laticrete Spectralock Pro Match Tile – Drawing 1-1-62

· Kawneer 1600 System 1 – Drawing 1-1-62

· MBCI Panel – Drawing 1-1-62

· INPRO Contego – Drawing 1-1-63

· Leonard 170-LF – Drawing 1-1-P1

· Armstrong Series E9.2B – Drawing 1-1-P1

· Pete’s Plug – Drawing 1-1-H17

· Mitsubishi PKA-A-BA6 – Drawing 1-1-H20

· Little Giant VMCA-20 – Drawing 1-1-H20

· Mitsubishi PUY-A12NHA6 – Drawing 1-1-H20

· Nailor UNI-RC – Drawing 1-1-H21

· Nailor Series 49 – Drawing 1-1-H21

· Nailor 61 DV – Drawing 1-1-H21

· Nailor 45 DL – Drawing 1-1-H21

· Nailor 61 EC – Drawing 1-1-H21

· Nailor 61 FP – Drawing 1-1-H21

· Nailor 6155 H – Drawing 1-1-H21

· Nailor – Drawing 1-1-H21

· Nailor 61DVC – Drawing 1-1-H21

· Nailor 92LFD-SS – Drawing 1-1-H21

· Nailor 5010/5010R – Drawing 1-1-H21

· Nailor 4325/4360 – Drawing 1-1-H21

· Nailor SG-BM4 – Drawing 1-1-H21

· Columbia or Finelite – Drawing 1-1-E1

· Williams or Cooper – Drawing 1-1-E1

· Dual Lite or Surelites – Drawing 1-1-E1

· Wiremold RFB – Drawing 1-1-E1

· Wiremold Evolution – Drawing 1-1-E1

· A01 – Lithonia 2TL4-LED-4000lm-4000K-40W – Drawing 1-1-E1

· A03 – Lithonia 2TL4-LED-7200lm-4000K-67W – Drawing 1-1-E1

· B01 – Lithonia 2ALL4-LED-3000lm-4000K-32W – Drawing 1-1-E1

· B02 – Lithonia 2ALL4-LED-6000lm-4000K-47W – Drawing 1-1-E1

· B03 – Lithonia 2ALL4-LED-7200lm-4000K-68W – Drawing 1-1-E1

· D01 – Lithonia ZL2N-LED-3000lm-4000K-42W – Drawing 1-1-E1

· D02 – Lithonia EVL-LED-4320lm-4000K-42W – Drawing 1-1-E1

· F01 – Lithonia LDN6-LED-2000lm-4000K-35W – Drawing 1-1-E1

· F02 – Focal Point Skydome-LED-2000lm-4000K-49W – Drawing 1-1-E1

· W01 – Prudential Lighting WAL14-LED-4200lm-4000K-40W – Drawing 1-1-E1

· W02 – Lithonia TWS-LED-4000K-65W – Drawing 1-1-E1

· X01 – Lithonia LE-LED-300lm-4000K-3W – Drawing 1-1-E1

· Cadweld B544A018 – Drawing 1-1-E14

· Tyco C-Cure 9000 – Drawing 1-1-E23

· Micro Technology Lynx – Drawing 1-1-E23

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 52.222-23 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 Blair County, Altoona, PA

(End of Provision)

2.3 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)

2.4 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:

Donald J. Kalivoda

Hand-Carried Address:

Erie VA Medical Center Building 6, Room 108-6 135 East 38th Street Erie, PA 16504

Mailing Address:

Erie VA Medical Center Building 6, Mail Stop C90 135 East 38th Street Erie, PA 16504

(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)

2.5 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— February 03, 2020 at 1:00 PM EST

(c) Participants will meet at— Lebanon VA, Building #2, Room #121 (End of Provision)

2.6 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)

2.7 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)

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

(1) Include the name, address, fax number, email 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)

2.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

(a) As an alternative to filing a protest with the Contracting Officer, an interested party may file a protest by mail or electronically with: Executive Director, Office of Acquisition and Logistics, Risk Management and Compliance Service (003A2C), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420 or Email: EDProtests@va.gov.

(b) The protest will not be considered if the interested party has a protest on the same or similar issue(s) pending with the Contracting Officer.

(End of Provision) PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:

Or for solicitations issued by the Office of Construction and Facilities Management:

REPRESENTATIONS AND CERTIFICATIONS

52.204-8 Annual Representations and Certifications (Dec 2019) (a)

(1) The North American Industry Classification System (NAICS) code for this acquisition is __________________ [insert NAICS code].

(2) The small business size standard is _____________ [insert size standard].

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a…