36C24423R0048.docx

EXHIBIT C -Past Performance Relevancy Information Format

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.

36C24423R0048 X 693-23-1-594-0004 693-15-101 00244 Department of Veterans Affairs Network Contracting Office 4

PA

See attached delivery schedule

Scot Plank 5708243521 Upgrade Plumbing Phase 3

1. Cascading Tiered Evaluation /Best Value Trade-Off Process

2. The magnitude of construction project is between $10,000,000.00 and $20,000,000.00.

3. Prior to commencement of work, general contractor shall provide proof that an OSHA certified "competent person' (CP) will maintain a presence at the work site whenever the general or subcontractors are present.

4. Contractor Personnel Security Requirements: All contractor personnel may be subject to fingerprinting and background security checks. Background security checks may be required prior to start of this project.

5. In accordance with FAR 52.228-5 Insurance, Work on Government Installation, proof of liability insurance is required within ten (10) days after award of the contract for this project in the form of a certificate.

6. This solicitation is issued under the authority of VAAR 819.7010 Cascading Set-Aside. The small business size standard is $19 million for the applicable North American Industry Classification (NAICS) Code 238220.

7. Site Visit scheduled July 1, 2023, refer to FAR 52.236-27 for information.

8. Proposals are to be electronically mailed to scot.plank@va.gov

X X 52.211-10 X

4:00 PM

EDT

08-14-2023 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

00244 Department of Veterans Affairs Network Contracting Office 4 VA Medical Center 1400 Blackhorse Hill Road Coatesville, PA

19320 Austin Payment Center Department of Veterans Affairs PO Box 149971 Austin

TX

78714-9971

(877) 353-9791

(512) 460-5429

Table of Contents

PRICING SHEET FOR TOTAL PROJECT

Pricing sheet for total project must be completed and submitted for Volume 2 – Price Proposal.

CLIN 0001: BASE CONTRACT PRICE for Upgrade Plumbing Phase 3 Project 693-15-101:

Total Project Price: $_____________________

STATEMENT OF WORK

UPGRADE PLUMBING PHASE #3

PROJECT# 693-19-101

FEBRUARY 2023

1. General:

a. The scope of work shall generally consist of, but not necessarily be limited to, providing all labor, materials, tools, equipment, permits, testing, and reports required to install new water line on all floors from the Ground floor to 13th floor of the Wilkes-Barre VA Medical Facility. Any work determined by the COR as having a significant impact on the daily operations of the facility shall be conducted on an after-hours schedule. All work shall be performed in accordance with the plans and specifications. In the event of a discrepancy, the VA Specifications shall take precedence. All federal, state, and local code/regulations/standards shall be followed.

b. The Phase 3 plumbing construction at a minimum shall include the following items: replacement of vertical water distribution/returns on all floors of buildings, the Ambulatory Care Addition, new risers in building 27, new primary water filtration system, new secondary water filtration at point of use as required by hospital function, demolition of old water risers and horizontal and vertical piping. renovate penthouse tank, upgrade controls system for penthouse tank, and shutoff/isolation valves at appropriate locations. Install new hot and cold-water loops on all floors with distal points as indicated on drawings.

c. Removal of personal restrooms that are indicated on the drawings. Renovate older restrooms and install new restrooms as indicated as on the drawings. Due to numerous water shutdowns, most of the work shall be conducted after 5:00pm, to avoid disruption to patient care during normal hospitals.

d. Approximately 50% of the work to be performed will be after hospital hours or weekends.

2. Structural:

a. There are several areas of need for structural re-enforcing and metal decking that will need to be installed on the project. Refer to the drawing for locations.

3. PLUMBING AND FIRE PROTECTION:

a. The plumbing and fire protection work will be provided in conformance with VA Codes and Standards, the National Standard Plumbing Code, NFPA-13 Sprinklers, NFPA-99 Health Care Facilities, and as directed. Plumbing fixtures, equipment, and piping in the project areas will be disconnected and removed. Removed plumbing materials will not be reused. New plumbing fixtures and trim will be commercial/institutional grade and will comply with VA standards as applicable. All piping shall be copper, unless otherwise specifically indicated.

4. Electrical:

a. Refer to the Electrical drawing for work that needs to be completed.

b. There shall be IT and Johnson controls need for the work

5. Demolition:

a. Refer to the drawing on demolition that will consist of plumbing and riser areas.

b. All work shall be performed in accordance with the plans and specifications.

· A proposal guarantee is required in an amount not less than 20 percent of the proposal price but shall not exceed $3,000,000. Failure to furnish the required proposal guarantee in the proper form and amount, by the proposal due date, will require rejection of the proposal in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then.

· The awardee for this procurement will be required to furnish two bonds, a Payment Bond, SF 25A, and a Performance Bond, SF 25. See FAR Clause 52.228-15 Performance and Payment Bonds Construction.

DESCRIPTION OF WORK:

The scope of work shall generally consist of, but not necessarily be limited to, providing all labor, materials, tools, equipment, permits, testing, and reports required to install new water line on all floors from the Ground floor to 13th floor of the Wilkes-Barre VA Medical Facility.

Magnitude of Construction: $10,000,000.00 to $20,000,000.00

CONTRACTOR RESPONSIBILITY:

Safety or Environmental Violations and Experience Modification Rate “All 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 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.

All Offerors shall submit information regarding their current Experience Modification Rate (EMR) equal to 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.

Self-insured contractors or other contractors that cannot provide their EMR rating on insurance letterhead must 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 shall obtain their EMR rating from their state-run worker’s compensation insurance rating bureau.

A Determination of Responsibility will 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 may result in a determination of “Non-Responsibility” for the offeror. Failure to submit this information may result in a determination of “Non-Responsive” for offeror. NOTE: Any information received by the Government that would cause for a negative Determination of Responsibility may make 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. “ Contractor shall be required to complete all contract work and schedule a final inspection within the specified contract performance period. Should the Contractor fail to complete the contract work (including scheduling of the final inspection), and it is determined by the Government to be a Contractor-caused delay, the Contractor shall be in default status. If the Government determines it to be in the best interest of the Government to allow the Contractor to continue to perform contract work, the Contractor shall provide equitable consideration in the form of Liquidated Damages from the first day of inexcusable delay through final acceptance by the Government. These damages are associated with the additional time granted for completion and acceptance of contract work. Such agreement shall not be deemed a waiver of the Government’s right to terminate this contract in the event the Contractor fails to complete the contract work (including scheduling of the final inspection) on or before the completion date.

TRAINING: Effective July 31, 2005, all employees of the general contractor and subcontractors shall have the 10-hour OSHA certified construction safety course. The General Contractor’s competent person shall have completed the 30-hour OSHA certified construction safety course. Documentation of training shall be submitted to the Contracting Officer for review and approval prior to any work being performed. Failure to present the proper training documentation will result in the individual being removed from the job; the individual may only return after the proper documentation has been provided. There shall be no exceptions to this requirement.

It is the responsibility of the Contractor to provide TB training annually and a PPD test annually for any employees providing services at the VA Medical Center, Wilkes-Barre, PA. The government reserves the right to review the contractor's records. Failure to present the proper training documentation upon the Contracting Officer’s request will result in the individual being removed from the job; the individual may only return after the proper documentation has been provided. There shall be no exceptions to this requirement.

Privacy and Confidentiality: Contractors to the Department of Veteran Affairs may be unintentionally exposed to sensitive information. Information maybe overheard, seen on documents or electronic devices, or observed that could potentially violate the privacy and confidentiality of our veterans, employees, volunteers, and their families. Regulations such as, but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Freedom of Information Act (FOIA) and Privacy Act of 1974 have been enacted to protect sensitive information from being improperly disclosed. Information should not be divulged or released to anyone unless specifically authorized by this agreement or its attached documents in accordance with the contracted services. Failure to comply with applicable statutes and regulation can result in the termination of this contract and civil and criminal penalties, including fines and imprisonment. All suspected or actual breeches of the privacy and confidential should be reported immediately to the Contracting Officer, Contracting Officer’s Representative (COR) or the Facility Privacy Officer.

Keys: All keys provided the Contractor or any subcontractor for use during the project shall be returned to the Contracting Officer's Representative (COR) at completion of the work or upon request. No keys shall be reproduced by the Contractor or any subcontractor. There shall be a charge for each key that is lost or not returned to the COR.

System for Award Management (SAM): Federal Acquisition Regulations require that federal contractors register in the System for Award Management (SAM) database: https://sam.gov/content/entity-registration

Required Registration with Contractor Performance Assessment Rating System (CPARS) As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (VA) evaluates contractor past performance on all services/supplies contracts $150,000 or more, A&E contracts $30,000 or more, and construction contracts $650,000 or more. The FAR requires the contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement VA uses an online database, the Contractor Performance Assessment Rating System (CPARS). Registration occurs no later than thirty days after contract award at https://www.cpars.gov and within sixty days of contract award the Points of Contact (POC) will receive message allowing access to contract evaluation at the end of each performance period. POCs are to be kept current, should there be any change to the contractor’s registered representative, please contact the Contract Administrator. For contracts with a period of one year or less, the contracting officer will perform a single evaluation when the contract is complete. For contracts exceeding one year, or interim reporting (A/E design) the contracting officer will evaluate the contractor’s performance annually or at the interim reporting date. Interim reports will be filed each year until the last year of the contract, when the final report will be completed. The report shall be assigned in CPARS to the contractor’s designated representative for comment. The contractor representative will have thirty days to submit any comments and resubmit report to VA contracting officer. All CPARS are due within 120 calendar days after the end of the evaluation period.

Contractor Normal Work Hours: The contractor work hours are from 8:00AM to 4:30PM, Monday through Friday, excluding federal holidays. Federal holidays that fall on a non-work day –Saturday or Sunday—the holiday usually is observed on Monday if the holiday is on Sunday or on Friday if the holiday is on Saturday. The contractor may request authorization from the Contracting Officer to work an alternative schedule or on holidays. However, the Contracting Officer reserves the right to deny or authorize the contractor’s request at his or her discretion considering the best interests of the Government. All federal holidays are observed as non work days. Federal holidays can be found on the following web site: http://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays

INSTRUCTIONS, CONDITIONS AND OTHER

STATEMENTS TO OFFERORS

EVALUATION CRITERIA/INSTRUCTIONS FOR SUBMISSION OF OFFER

Tiered Set-Aside Evaluation.

(a) Pursuant to the authority of 38 U.S.C. 8127 and under limited circumstances as set forth in this section, contracting officers may consider using a tiered set-aside evaluation approach to minimize delays in the re-solicitation process.

(b) Tiered evaluation of offers is a procedure that may be used in competitive negotiated acquisitions, including construction and acquisitions for commercial products and commercial services when the VA Rule of Two (see 802.101) determination indicates a set-aside is required, but other circumstances preclude a confident conclusion that an award can be made at the SDVOSB or VOSB tier. The contracting officer—

(1) Solicits and receives offers from targeted tiers of small business groups, with SDVOSB as the first tier and VOSB as the second tier;

(2) Establishes a tiered order of priority for evaluating offers that is specified in the solicitation; and

(3) If no award can be made at the first tier, evaluates offers at the next lower tier, until award can be made.

(c) Market research, which shall be conducted and documented in advance of issuing the solicitation, will inform which of the following types of tiers will be included in the solicitation:

1. Tiered evaluation limited to SDVOSB; or

1. Tiered evaluation including VOSB; or

1. Tiered evaluation including 8(a) and HUBZone small businesses; or

1. Tiered evaluation including all other small businesses;

(d) The tiered order of priority shall be consistent with 819.7005. Consideration shall be given to HUBZone and 8(a) small business concerns before evaluating offers from other small business concerns.

Unless otherwise stated, all Clauses/Provisions will apply. The following additional guidance is provided:

52.212-5 only applies to tiers 2, 3 52.219-4 only applies to tier to tier 2 52.219-6 and Alternate 1 only applies to tiers 2, and 3 52.219-7 and Alternate 1 only applies to tiers 1, 2, and 3 52.219-14 only applies to tiers 2 and 3 52.219-28 only applies to tiers 2 and 3 52.242-5 applies to tier 4 852.215-70 only applies to tier 3 852.215-71 only applies to tier 3 852.219-73 only applies to tier 1 852.219-74 only applies to tier 1 852.219-75 only applies to tiers 1, 2, and 3 852.228-72 only applies to tier 1

Proposal Evaluation Process.

This procurement is set-aside based on an order of priority as established in 38 U.S.C. 8127; Firms must be verified in the VA's Vendor Information Pages website at https://www.vetbiz.va.gov/vip in order to eligible for award under Tier 1 or Tier 2. This solicitation is being issued as tiered evaluation with the following tiers (Reference PPM 2018-04):

· Tier 1: Tiered evaluations limited to SDVOSBs or VOSBs; Evaluation will begin with offers, if any, submitted by SDVOSB concerns. 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, withdraw the SDVOSB set-aside, document the basis for not making an award within this tier and proceed to the set-aside for VOSB concerns. VA will next evaluate the offers, if any, submitted by VOSB concerns. 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, withdraw the VOSB set-aside, document the basis for not making an award within this tier and proceed to the set-aside for other small business concerns.

· Tier 2: 8(a) and HUBZone small businesses; VA will next evaluate the offers, if any, submitted by other small business concern with Historically Under-utilized Business (HUB) Zone small business concerns and 8(a) participants having priority.

Evaluation Factors

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 (Volume 1) Evaluation Factor 2 – Past Performance (Volume 1) Evaluation Factor 3 – Price (Volume 2)

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. The Government may use corporate knowledge on past and present projects, when evaluating proposals.

Volume I – Technical Proposal

Evaluation Factor 1: Technical Capability

Submission Requirements:

Provide a clear, concise narrative not to exceed 25 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 Technical capability with its subfactors. The contractor is advised to note in each of these subfactors any elements or aspects exceeding the RFP requirements or betterments provided, including an explanation of how each element or aspect improves upon the basic requirements and how it would benefit the VA.

Section 1 – Technical Capability: Provide a clear and concise narrative not to exceed 25 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 four sub-factors. Sub-factors 1 and 2, Capability and Experience and Organization, which are of equal importance, are somewhat more important than Sub-factors 3 and 4 four, which are of equal importance. Each sub-factor will be given an individual rating by each reviewer. An overall sub-factor rating will be assigned for sub-factors one (1) through four based on all reviewers’ ratings.

Capability and Experience Organization and Specific Personnel Scheduling Methodology Quality Control

a) Capability and Experience:

The Government will evaluate the quality and extent of related experience demonstrated in the narrative, to determine if the offeror has the experience to manage construction projects, which are comparable to the work requirements of this solicitation.

b) Organization and Specific Personnel:

The Government will evaluate the offeror’s overall organization, organizational chart, as well as number of personnel, and duties of proposed technical staff, to determine if offeror demonstrates the ability to manage multi-discipline projects within the areas of consideration chosen without significant difficulty. The specific criterion proposed (skill levels, experience, and background) for personnel, if adequate, is an indicator of an acceptable organization.

The proposed subcontractors will be evaluated for applicable multi-discipline consideration, and information provided indicates a good, verifiable professional relationship. Offeror shall complete Exhibit A-Calculation of Self Performed Work. Subcontractors shall have completed Exhibit B – Subcontractor Information and Consent form.

c) Scheduling methodology:

The Government will evaluate the offeror’s 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.

d) Quality Control:

The Government will evaluate the offeror’s quality control activities for compliance with the solicitation requirements. Also note any improvements exceeding the RFP requirements or betterments provided, including an explanation of proposed systems, as outlined in SOW.

Evaluation Criteria

The Narrative will be evaluated for completeness, thoroughness, and functionality. Pages beyond the limit specified will not be read or evaluated.

Section 2 - Evaluation Factor 2: Past Performance - The SSEB will evaluate the degree of successful completion of the recent and relevant past performance identified in the proposal, 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. Conversely, offers which do not achieve satisfactory performance of projects similar in size, scope and dollar value will not 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.

Past performance will be evaluated in accordance with FAR 15.305(a)(2). Past performance is either relevant or non-relevant to the project. 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.

Submission Requirements: The VA requests at least three (3) construction projects that best illustrate the contractor’s prime and subcontractor teams’ qualifications. The document should be written to show the teams’ construction experience with respect to the major functional categories listed. See Exhibit C – Past Performance Relevancy Information.

1) Provide a project description. At a minimum, the description should include scope, size and cost of the project and can include photographs.

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 other sources to gather documentation on past performance.

4) Include customer’s point of contact (name, title, and phone number).

5) The Government may use corporate knowledge on present and past projects, when evaluating this factor.

Volume 2 – Price Proposal

Evaluation Factor 3: Price - The purpose of the Price evaluation is to provide an assessment of the reasonableness and fairness of the proposed price in relation to the solicitation requirements. Proposals will be evaluated in the following manner.

A. The offeror shall complete and submit Standard Form 1442.

B. Proposal Price Schedule of Values with a breakdown identifying at a minimum each of the following areas:

1) General Conditions

2) Other plumbing components

3) Commissioning

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

D. 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.

A.3 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) A.4 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) A.5 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

Luzerne County, PA (End of Provision)

A.6 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)

A.7 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:

Contracting Officer

Hand-Carried Address:

Mailing Address:

elizabeth.wilson6@va.gov

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

A.8 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— July 19, 2023 2:00 PM

(c) Participants will meet at— WBVAMC Bldg 1 Room C6-70 (End of Provision)

A.9 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)

A.10 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) Prime contractors are encouraged to assist service-disabled veteran-owned and veteran-owned small business potential subcontractors in obtaining bonding, when required. Mentor firms are encouraged to assist protégé firms under VA's Mentor-Protégé Program in obtaining acceptable bid, payment, and performance bonds, when required, as a prime contractor under a solicitation or contract and in obtaining any required bonds under subcontracts.

(End of Clause)

A.11 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:

A.12 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)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238220.

(2) The small business size standard is $19 Million.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204–7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services—Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids.