36C24422R0041_2.docx

36C24422R0041 "General Decision Number: PA20220095 01/14/2022

Superseded General Decision Number: PA20210095

State: Pennsylvania

Construction Type: Building

County: Luzerne County in Pennsylvania.

BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories).

Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

Please note that these Executive Orders apply to covered contracts entered into by the federal government that aresubject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60).

If the contract is entered into on or after January 30, 2022, or the contract is renewed or extended (e.g., an option is exercised) on or after January 30, 2022, Executive Order 14026 generally applies to the contract. The contractor must pay all covered workers at least $15.00 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on that contract in 2022.

If the contract was awarded on or between January 1, 2015 and January 29, 2022, and the contract is not renewed or extended on or after January 30, 2022, Executive Order 13658 generally applies to the contract. The contractor must pay all covered workers at least $11.25 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on that contract in 2022.

The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request.

Additional information on contractor requirements and worker protections under the Executive Orders is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/07/2022 1 01/14/2022

ASBE0038-006 07/01/2021

Rates Fringes

ASBESTOS WORKER/HEAT & FROST

INSULATOR (MECHANICAL- Duct, Pipe & Mechanical System Insulation)......................$ 36.03 23.47

BOIL0013-008 01/01/2021

Rates Fringes

BOILERMAKER......................$ 49.32 34.56

BRPA0005-072 05/01/2018

Rates Fringes

TILE FINISHER....................$ 28.94 14.60

TILE SETTER......................$ 31.45 15.50

BRPA0005-078 05/03/2020

Rates Fringes

BRICKLAYER (Including Pointing, Caulking, and Cleaning)........................$ 34.94 17.70

MASON - STONE....................$ 34.94 17.70

CARP0445-001 06/01/2021

Rates Fringes

CARPENTER (Including Acoustical Ceiling Installation; Drywall Hanging; Floor Laying-Carpet and Vinyl; Form Work)............$ 31.78 18.31

ELEC0163-007 06/01/2021

Rates Fringes

ELECTRICIAN (Includes Installation of Sound and Communication Systems, HVAC/Temperature Controls Installation, and Low Voltage Wiring)..........................$ 37.36 23.37

* ELEV0084-005 01/01/2022

Rates Fringes

ELEVATOR MECHANIC................$ 54.10 36.885+a+b

FOOTNOTES:

A. VACATION CREDIT: Employer contributes 8% basic hourly rate or 5 years or more of service as vacation pay credit, and 6% for 6 months to 5 years of service.

B. Eight Paid Holidays (provided employee has worked 5 consecutive days before and the working day after the holiday): New Years's Day; Memorial Day; Independence Day;Labor Day; Veteran's Day; Thanksgiving Day and the Friday after Thanksgiving Day, and Christmas Day.

ENGI0066-039 06/12/2017

Rates Fringes

POWER EQUIPMENT OPERATOR

Pump........................$ 29.58 20.15

ENGI0542-038 05/01/2018

Rates Fringes

POWER EQUIPMENT OPERATOR

Backhoe/ Excavator/ Trackhoe, Bulldozer, Hoist (With Two Towers), Mechanic, Loader............$ 35.73 24.71 Bobcat/ Skid Steer/ Skid Loader, Roller..............$ 35.73 24.71 Concrete Pump...............$ 38.26 25.46 Crane.......................$ 38.26 25.46 Forklift (20 ft and over, excludes masonry work)......$ 35.73 24.71 Forklift (Lull or similar, excludes masonry work)......$ 33.01 23.90 Hoist (Single Drum), Forklift (under 20 ft)......$ 33.01 23.90 Oiler.......................$ 30.54 23.18

IRON0404-028 07/01/2021

Rates Fringes

IRONWORKER (Ornamental, Structural, & Reinforcing).......$ 34.01 31.13

LABO0130-011 05/01/2017

Rates Fringes

LABORER

Asbestos Abatement:

Removal from Floors, Walls, Ceilings and Mechanical Systems..........$ 22.80 16.88 Common or General;

Concrete Worker.............$ 20.80 16.88 Forklift (Masonry Work Only).......................$ 24.82 16.88 Mason Tender-Brick..........$ 23.32 16.88 Mason Tender-Stone..........$ 23.32 16.88 Scaffold Builder (Brick and Masonry only)...........$ 23.32 16.88

PAIN0041-002 05/01/2014

Rates Fringes

PAINTER (Brush, Roller, Spray, and Drywall Finishing/Taping)................$ 27.95 16.12

PLAS0592-038 06/01/2021

Rates Fringes

CEMENT MASON/CONCRETE FINISHER...$ 35.88 13.30

PLUM0524-011 12/01/2021

Rates Fringes

PLUMBER..........................$ 46.24 21.57

PLUM0524-012 12/01/2021

Rates Fringes

PIPEFITTER (Includes HVAC Pipe Installation)...............$ 46.24 21.57

ROOF0030-004 05/01/2021

Rates Fringes

ROOFER (Excludes Metal Roof Installation and Waterproofing)...................$ 31.00 20.86

SFPA0669-004 04/01/2021

Rates Fringes

SPRINKLER FITTER (Fire Sprinklers)......................$ 40.33 26.69

SHEE0044-010 05/01/2021

Rates Fringes

SHEET METAL WORKER (Includes HVAC Duct and Metal Roof Installation)....................$ 31.60 26.65

* UAVG-PA-0020 01/01/2016

Rates Fringes

LABORER: Mason Tender - Cement/Concrete..................$ 24.12 15.99

SUPA2011-053 08/20/2014

Rates Fringes

OPERATOR: Drill.................$ 28.55 15.78

OPERATOR: Gradall...............$ 32.70 18.43

OPERATOR: Grader/Blade..........$ 32.51 17.98

OPERATOR: Paver (Asphalt, Aggregate, and Concrete).........$ 33.01 18.37

ROOFER: Waterproofing Only.......$ 28.60 18.02

TRUCK DRIVER: Dump Truck........$ 23.36 7.60

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union, which prevailed in the survey for this classification, which in this example would be Plumbers 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, ]2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests or summaries of surveys, should be with the Wage and Hour Division National Office Branch of Wage Surveys. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION"

See attached document: S02 SafetyHealthDuringConstruction 18S-15-346.

EXHIBIT A - PAST PERFORMAMCNE RELEVANCY QUESTIONARE

PART 1: Prepare no more than three (3) Part 1 forms:

Provide the following information requested in this format for each of the projects/contracts being described. Projects may be on going and cannot have been completed any later than 5 years prior to the solicitation issue date. Provide frank, concise comments regarding YOUR PERFORMANCE on the contracts you identify. Use additional space as required.

A. Offeror (Your) Name (Company/Division):

B. Project/Contract Title:

C. Contract Specifics:

1. Description of Effort as Prime or _Subcontractor

2. Contract Number

3. Original Contract $ Value Current/Final Contract $ Value

4. If amounts in 3 above are different, provide a brief description of the reason:

5. Completion Date:

1. Original Date:

2. Current Schedule: _____________________

3. Estimate/Final Completion Date:

4. Primary cause for Contract Modifications

D. Provide detailed description of the work performed under the contract and describe why you believe the work is very relevant, relevant or semi-relevant to this solicited project. (Use as much space as necessary)

In addition, address the following

1. Describe the specific elements of the work performed by your firm.

2. Indicate what elements of work were performed by your major subcontractors and indicate if those same subcontractors will be used on projects awarded under this solicitation. Should you intend to use these same subcontractors, please list their company names and described their principal areas of work that they will perform.

3. Address any technical areas about this project you consider uniquely relevant to this solicitation.

E. Point of Contact for Owner/Government agency Contracting Officer and or inspector (COR / COTR); include a current phone number and email address for each.

End of Part 1- Questionnaire Requirements – Prepare and send Exhibit E – Past Performance Questionnaire to the reference(s) for each of the no more than three Construction Projects, or Specialty Trade if applicable provided in Exhibit A, Part 1.

See below for Exhibit A, Part 2.

Part 2, Additional offeror information required.

A. Name subcontractors and/or Teaming Partners to be utilized on this contract. Multiple subcontractors may be named for the same discipline but are limited to a maximum of three (3) subcontractors per discipline. As a minimum, provide the name(s) of subcontractors to be utilized in the following areas:

(Specialty Trades will address their specific trade for any major subcontractor or Teaming partner)

Page 1 of

Page 1 of Page 1 of Each major subcontractor and/or Teaming Partner must also complete an Exhibit B, “Subcontractor Information and Consent Form” to be considered. Offerors shall have major subcontractors identify on the Exhibit A two references, owners (if they were the Prime) or other Prime contractors they have worked for. References for subcontractors from the proposing offeror are not acceptable. See Exhibit “A” format for information to be provided. Written references for subcontractors may be included and are encouraged; however, subcontractors do not need to send out past performance questionnaires.

A. Multiple Subcontractors may be named for the same discipline but is limited to a maximum of three (3) subcontractors per discipline.

B. Provide information regarding the assessment of liquidated damages on any contracts within the last five years. (Frequency, circumstances, severity of problem, etc.)

C. Offerors are strongly encouraged to include with their proposals information on problems encountered on relevant projects and the specific corrective actions taken to remedy the problems.

D. Other Past Performance Considerations. Information provided, shall be limited to the period starting 5 years prior to the solicitation release date.

a. -Effectiveness of value engineering (VEC) proposals you submitted on prior contracts. (Provide a brief description; impact on cost, schedule, efficiency or quality; contract number; name and phone number of customer benefiting from the VEC).

b. -Professional/Industry awards (Identify award type, date of award and copy of certificate if applicable), Letters of appreciation, recognition or commendations.

c. -Discuss unique skills and accomplishments (Explain unique skills and/or accomplishments and provide supporting information for verification).

Subcontractor and/or Teaming Partner Consent for the Release of Past Performance Information to the Prime Contractor and Reference Information:

Past performance information concerning subcontractors and teaming partners cannot be disclosed to a private party without the subcontractor’s or teaming partner’s consent. Because a prime contractor is a private party, the Government will need that consent before disclosing subcontractor/teaming partner past and present performance information to the prime during exchanges. In an effort to assist the Government in assessing your past performance relevancy we request that the following consent form be completed by the major subcontractors/teaming partners identified in your proposal. The completed consent forms shall be submitted to the offering contractor for submission with the past performance volume.

(Name of Firm) is currently planning on participating as a (subcontractor and or a teaming partner) with (prime contractor or name of entity providing proposal) in responding to the Request for Proposal Number 36C24420R0075 – Construct Parking Structure issued by the Department of Veterans Affairs, WBVAMC, 1111 East End Blvd, Wilkes-Barre, PA 18711.

We understand that the Government is placing increased emphasis on past performance in order to obtain best value in source selections. In order to facilitate the performance confidence assessment process we are signing this consent form to allow you to discuss our past and present performance information with the prime contractor during the source selection process.

(Signature) (Title of Individual with authority to sign for and legally bind the company

Address:

City/State/Zip Code: Date:

Reference List (required):

1. Contract No. And Title

Describe your role (Prime/Sub) and work Performed

Reference POC Name Phone Fax

Email address:

2. Contract No. And Title

Describe your role (Prime/Sub) and work Performed

Reference POC Name Phone Fax

Email address:

3. Contract No. And Title

Describe your role (Prime/Sub) and work Performed

Reference POC Name_ Phone Fax

Email address:

Exhibit B – SUBCONTRACTOR INFORMATION AND CONSENT FORM

Page 1 of Page 1 of Page 1 of SUBMITTED IN RESPONSE TO Request For Proposal 36C24422R0041

Use a format similar to the following to identify and calculate cost of the work to be self-performed. Refer to the definitions pertaining to “Self-performance of work”, “On the Site” and “Total amount of work to be performed under the contract”.

Explain in detail how you will perform the minimum percentage required (15% GC) with your own resources. Note: An offeror who has the capability to perform both as a General contractor and self-perform a major element of construction, for example, pre-fabricated concrete, may be afforded additional consideration in the evaluation. You should address your general self-performance capability.

(Includes mobilization and utilization of owned or rented plant and equipment to be operated by the prime contractor’s own employees; only those materials which will be both purchased and installed by the prime’s own forces; labor associated with those aforementioned materials or equipment; only those supplies to directly support work performed by the contractor’s own employees; and the contractor’s own job overhead costs.)

Clearly describe the work to be self-performed:

Show Calculation of Self-Performed work:

B.1 Total Offer Price: $

B.2 If applying for consideration as a General Contractor subtract Specialty Trades (Unless being self performed)

B.3 Subtract G&A, home office overhead, prime contractor’s markups for profit, bond, state use tax, etc. ($)

B.4 Remainder is “Total amount of work to be performed under the Contract” = $

B.5 “Work to be self-performed”: = $ Amount shown on this line should match the amount shown for “Show Calculation of Self-Performed work”?

(Includes mobilization and utilization of owned or rented plant and equipment to be operated by the prime contractor’s own employees; only those materials which will be both purchased and installed by the prime’s own forces; labor associated with those aforementioned materials or equipment; only those supplies to directly support work performed by the contractor’s own employees; and the contractor’s own job overhead costs.)

B.6 15 % Self-performed Work = Line B.5 / B.4 X 100% = %

EXHIBIT C - CALCULATION OF SELF-PERFORMED WORK

Your Company Letterhead

Date: _________________ To: ______________________________________

We have listed your firm as a reference for the work we have performed for you as listed below. Our firm has submitted a proposal under a project advertised by the Department of Veterans Affairs. In accordance with Federal Acquisition Regulations (FAR), they will evaluate our firm's past performance. Your candid response to the attached questionnaire will assist the evaluation team in this process. We understand that you have a busy schedule and your participation in this evaluation is greatly appreciated. Please complete the enclosed questionnaire as thoroughly as possible. Space is provided for comments. Understand that while the responses to this questionnaire may be released to the offeror, FAR 15.306 (e)(4) prohibits the release of the names of the persons providing the responses. Complete confidentiality will be maintained. Only one response from each office is required.

Please send your completed questionnaire to the following to arrive March 1, 2022. Do not return them to our company.

Email to: scot.plank@va.gov If you have questions regarding the attached questionnaire, or require assistance, please contact the Contract Specialist, Scot Plank at scot.plank@va.gov. Be sure to include Solicitation 36C24420R0075 in the Subject line of the email.

Thank you for your assistance.

Please be advised that “E-Mail” is the preferred method of receiving the requested information.

EXHIBIT D – SAMPLE TRANSMITTAL LETTER AND PAST PERFORMANCE EVALUATION QUESTIONNAIRE

Past Performance Questionnaire for: 36C24422R0041 Construct Women’s Health Radiology Suite

INSTRUCTIONS TO OFFEROR

Complete the CONTRACTOR INFORMATION section, below (type answers into light blue shaded boxes). Save the document. Send an electronic or hard copy print of the form to each of your reference contacts, asking them to please complete the form and submit it according to the instructions, below.

Company Name

Street Address

Point of Contact (POC)

City

POC Phone Number

State

Reference Project Title

Zip Code

Contract Period of Performance (start to finish):

Email

Contract Number

Contract Dollar Value

Description of Work

INSTRUCTIONS TO REFERENCE CONTACT

The contractor named above is submitting a proposal for a United States Department of Veterans Affairs contract, and has sent this form to you as a past performance reference contact. Please complete the following pages in full (all areas shaded in light yellow, below). Once completed, please send the form to the Contracting Officer via postal mail or email directly to:

Department of Veterans Affairs Wilkes-Barre VA Medical Center ATTN: Scot Plank/ 36C24422R0041 1111 East End Blvd Wilkes-Barre, PA 18711 Email address: scot.plank@va.gov

Please return the completed form ASAP, but no later than 11:00 AM local time, March 1, 2022.

If you have any questions, please contact the Contracting Officer: Everett Shaver@va.gov.

RESPONDENT INFORMATION [completed by Reference Contact]

Company Name

Street Address

POC Name

City

Phone Number

State

Email

Zip Code

PERFORMANCE INFORMATION: Choose the number on the scale of 0 (Neutral) to 5 (Exceptional) that most accurately describes the contractor’s performance or situation. PLEASE PROVIDE AN EXPLANATION FOR THE OVERALL RATING in the Remarks section, below.

QUALITY – MANAGEMENT & WORKMANSHIP

TIMELINESS AND ADHERENCE TO SCHEDULE

REMARKS:

BUSINESS PRACTICES/CUSTOMER RELATIONSHIP AND ABILITY TO PERFORM

COMPLIANCE & SAFETY

INFECTION CONTROL

OVERALL CUSTOMER SATISFACTION

REMARKS (Please use as much space as is needed – the box will expand as you type).

I hereby certify that the information that I have reported above is accurate to the best of my knowledge.

Printed Name

Business Title

Signature

Date

See attached document: S02 Drawings 1.

See attached document: S02 Drawings 2.

See attached document: S02 Drawing Floor Plan.

A.1 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)

When net changes in original contract price affect the premium of a Corporate Surety Bond by $5 or more, the Government, in determining the basis for final settlement, will provide for bond premium adjustment computed at the rate shown in the bond.

(End of Clause) A.2 VAAR 852.232-70 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS– CPM) (NOV 2018) The clause FAR 52.232–5, Payments Under Fixed-Price Construction Contracts, is implemented as follows:

(a) Retainage.

(1) The Contracting Officer may retain funds—

(i) Where performance under the contract has been determined to be deficient or the Contractor has performed in an unsatisfactory manner in the past; or

(ii) As the contract nears completion, to ensure that deficiencies will be corrected and that completion is timely.

(2) Examples of deficient performance justifying a retention of funds include, but are not restricted to, the following—

(i) Unsatisfactory progress as determined by the Contracting Officer;

(ii) Failure to meet schedule in Schedule of Work Progress;

(iii) Failure to present submittals in a timely manner; or

(iv) Failure to comply in good faith with approved subcontracting plans, certifications, or contract requirements.

(3) Any level of retention shall not exceed 10 percent either where there is determined to be unsatisfactory performance, or when the retainage is to ensure satisfactory completion. Retained amounts shall be paid promptly upon completion of all contract requirements, but nothing contained in this paragraph (a)(3) shall be construed as limiting the Contracting Officer’s right to withhold funds under other provisions of the contract or in accordance with the general law and regulations regarding the administration of Government contracts.

(b) The Contractor shall submit a schedule of cost to the Contracting Officer for approval within 30 calendar days after date of receipt of notice to proceed. Such schedule will be signed and submitted in triplicate. The approved cost schedule will be one of the bases for determining progress payments to the Contractor for work completed. This schedule shall show cost by the work activity/event for each building or unit of the contract, as instructed by the resident engineer.

(1) The work activities/events shall be subdivided into as many sub-activities/events as are necessary to cover all component parts of the contract work.

(2) Costs as shown on this schedule must be true costs and the resident engineer may require the Contractor to submit the original estimate sheets or other information to substantiate the detailed makeup of the schedule.

(3) The sums of the sub-activities/events, as applied to each work activity/event, shall equal the total cost of such work activity/event. The total cost of all work activities/events shall equal the contract price.

(4) Insurance and similar items shall be prorated and included in the cost of each branch of the work.

(5) The cost schedule shall include separate cost information for the systems listed in the table in this paragraph (b)(5). The percentages listed in the following table are proportions of the cost listed in the Contractor’s cost schedule and identify, for payment purposes, the value of the work to adjust, correct and test systems after the material has been installed. Payment of the listed percentages will be made only after the Contractor has demonstrated that each of the systems is substantially complete and operates as required by the contract.

VALUE OF ADJUSTING, CORRECTING, AND TESTING SYSTEM

(c) In addition to this cost schedule, the Contractor shall submit such unit costs as may be specifically requested. The unit costs shall be those used by the Contractor in preparing its bid and will not be binding as pertaining to any contract changes.

(d) The Contracting Officer will consider for monthly progress payments material and/or equipment procured by the Contractor and stored on the construction site, as space is available, or at a local approved location off the site, under such terms and conditions as the Contracting Officer approves, including but not limited to the following—

(1) The materials or equipment are in accordance with the contract requirements and/or approved samples and shop drawings;

(2) The materials and/or equipment are approved by the resident engineer;

(3) The materials and/or equipment are stored separately and are readily available for inspection and inventory by the resident engineer;

(4) The materials and/or equipment are protected against weather, theft and other hazards and are not subjected to deterioration; and

(5) The Contractor obtains the concurrence of its surety for off-site storage.

(e) The Government reserves the right to withhold payment until samples, shop drawings, engineer’s certificates, additional bonds, payrolls, weekly statements of compliance, proof of title, nondiscrimination compliance reports, or any other requirements of this contract, have been submitted to the satisfaction of the Contracting Officer.

(f) The Contracting Officer will notify the Contractor in writing within 10 calendar-days of exercising retainage against any payment in accordance with FAR clause 52.232–5(e). The notice shall disclose the amount of the retainage in value and percent retained from the payment, and provide explanation for the retainage.

(End of Clause)

A.3 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause)

A.4 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT (SEP 2019)

The FAR clauses 52.236-2, Differing Site Conditions; 52.243-4, Changes; and 52.243-5, Changes and Changed Conditions, are supplemented as follows:

(a) Submission of request for equitable adjustment proposals. When directed by the Contracting Officer or requested by the Contractor, the Contractor shall, in accordance with FAR 15.403-5, submit proposals for changes in the work exceeding $500,000 in writing to the Contracting Officer or Administrative Contracting Officer (ACO), and to the resident engineer.

(1) The Contractor must provide an itemized breakdown for changes exceeding the micro-purchase threshold (see FAR 2.101).

(2) The itemized breakdown shall include materials, quantities, unit prices, labor costs (separated into trades), construction equipment, etc. Labor costs shall be identified with specific material placed or operation performed.

(3) Proposals shall be submitted to the Contracting Officer or ACO and the resident engineer as expeditiously as possible, but not later than 30 calendar days, after receipt of a written change order by the Contracting Officer.

(4) Proposals shall be signed by each subcontractor participating in the change.

(5) The Contracting Officer will consider issuing a settlement by determination to the contract if the Contractor's proposal required by paragraph (a)(3) of this clause is not received within the time period specified in paragraph (a)(3), or if agreement has not been reached.

(b) Paragraphs (a)(1) through (5) of this clause and the following paragraphs (b)(1) and (2) apply to proposals for changes in the work $500,000 or less:

(1) As a basis for negotiation, allowances not to exceed 10 percent each for overhead and profit for the party performing the work will be based on the value of labor, material, and equipment required to accomplish the change. As the value of the change increases, a declining scale will be used in negotiating the percentage of overhead and profit. This declining scale will also be used to negotiate the prime Contractor's or upper-tier subcontractor's fee when work is performed by lower-tier subcontractors (to a maximum of three tiers) and will be based on the net increased cost to the prime or upper-tier subcontractor, as applicable. Profit (fee) shall be computed by multiplying the profit percentage by the sum of the direct costs and computed overhead costs. Allowable percentages on changes will not exceed the following:

(i) 10 percent overhead and/or 10 percent profit (fee) on the first $20,000.

(ii) 7.5 percent overhead and/or 7.5 percent profit (fee) on the next $30,000.

(iii) 5 percent overhead and/or 5 percent profit (fee) on a balance over $50,000.

(2) The Contracting Officer will consider issuing a settlement by determination to the contract if the Contractor's proposal required by paragraph (3) is not received within 30 calendar days, or if agreement has not been reached.

(c)(1) Overhead and Contractor's fee percentages shall be considered to include insurance other than mentioned herein, field and office supervisors and assistants, security police, use of small tools, incidental job burdens, and general home office expenses and no separate allowance will be made. Assistants to office supervisors include all clerical, stenographic and general office help. Incidental job burdens include, but are not necessarily limited to, office equipment and supplies, temporary toilets, telephone and conformance to OSHA requirements. Items such as, but not necessarily limited to, review and coordination, estimating and expediting relative to contract changes are associated with field and office supervision and are considered to be included in the Contractor's overhead and/or fee percentage.

(2) Where the Contractor's or subcontractor's portion of a change involves credit items, such items must be deducted prior to adding overhead and profit for the party performing the work. The Contractor's fee is limited to the net increase to Contractor or subcontractors' portions of cost computed in accordance with this clause.

(3) Where a change involves credit items only, a proper measure of the amount of downward adjustment in the contract price is the reasonable cost to the Contractor if it had performed the deleted work. A reasonable allowance for overhead and profit are properly includable as part of the downward adjustment for a deductive change. The amount of such allowance is subject to negotiation.

Department of Veterans Affairs Network Contracting Office 4 1010 Delafield Road Pittsburgh, PA 15215

(End of Clause) 1 | Page

Page 1 of

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 DOCUM

ENTS (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)

1. 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 offe rs 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.

36C24422R0041 X 02-05-2021 22-1-594-0008 693-22-104 00244 Department of Veterans Affairs Network Contracting Office 4

Department of Veterans Affairs Network Contracting Office 4 Wilkes-Barre VAMC Acquisitions (049E) 1111 East End Blvd Wilkes-Barre PA 18711 Scot Plank 5709727442 Project #693-22-104 Magnitude of Construction: Between $250,000 and $500,000 NAICS: 236220 -NAICS NewsletterMarch 20, 2017NAICS 236220Commercial and Institutional Building Construction The scope of work shall generally consist of, but not necessarily be limited to, providing all labor, materials, tools, equipment, permits, testing, inspections and reportsrequired to provide t o construct a Women's Health Radiology Suite at the Wilkes-Barre VA Medical Center.

Interested parties are encouraged to attend the pre-bid Conference/Site Visit, which will be hel d IAW FAR 52.236-27 Site Visit (FEB 1995).

The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer, conforming to the solicitation, will be most advantageous to the Government. price and other factors consdidered.

All documents for this solicitation will be available on t he betasSAM website http://betasam.gov. It is the responsibility of the contractor to check this website frequently for updates and amendments to this solicitation.

Wage Rate General Decision Number: PA20210095 11/05/2021 applies to this project.

Correct worker title classification and wage/hour law compliance is contractor's responsibility.

Solicitation may be cancelled and all offers rejected beforeaward but after solicitation closing date when it is clearly in the best interest of the Government.

Pricing shall be in whole dollars only.

X X 52.211-10 X

4:00 PM

EST

03-04-2021 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 AMEN

DMENTS

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 pr int) (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

00244 Department of Veterans Affairs Network Contracting Office 4

Austin Payment Center Department of Veterans Affairs PO Box 149971 Austin TX 78714-9971

(877) 353-9791

(512) 460-5429 Contracting Officer

Table of Contents