36C24423R0076 - New UPS for MRI Chiller Leb Final.pdf

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)

SOLICITATIONSOLICITATION

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.

1 63

36C24423R0076 X

05-03-2023

595-23-4-5482-0014 595-23-113

00244

Department of Veterans Affairs Network Contracting Office 4

Stephanie Luniewski stephanie.luniewski@va.gov

Stephanie Luniewski 412-680-6879

Construct UPS for MRI Chiller Design-Build project for the Lebanon VAMC

This is a design build solicitation under FAR Part 36.301. All qualified offerors may submit for Phase I.

be limited to the top three Phase I offerors. Phase II instructions will be provided by the Government via a solicitation amendment to this solicitation to selected Phase I offerors. All non-selected Phase I offerors will be notified as such via email.

Set-Aside: 100% set-aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSB). SDVOSB status must be verified at both SAM (https://sam.gov/content/home) and VetCert (https://veterans.certify.sba.gov/).

NAICS: The North American Industry Classification System (NAICS) code is 236220. The Size Standard is $36.5 Million.

Magnitude: The Disclosure of Magnitude for this project is between $250,000.00 and $500,000.00.

Wage Determinations: GDN PA20230093, dated 04/07/2023, applies to this solicitation and any resultant contract. However, the current prevailing WDs will be incorporated at time of award. The Contractor shall be responsible for the correct title and classification of workers and compliance with applicable wage and hour laws.

Project Timeline: The awarded contractor will have 90 calendar days to complete the design portion of the project and 220 calendar days to complete the construction portion of the project. Calendar days start upon the issuance of the Notices to Proceed (NTP).

Site Visit: A site visit will be held at the Lebanon VA Medical Center on 5/18/2023 at 10:00AM EST. All parties will report to the outside of building 19 at 1700 S Lincoln Ave, Lebanon, PA 17042.

RFIs: All RFIs must be submitted to stephanie.luniewski@va.gov by 05/24/2023, 11:59 P.M. No further RFIs will be considered after this date/time for Phase I.

PROPOSALS: Proposals for Phase I are due on 6/7/2023, 11:59pm EST. Email Phase I proposals to stephanie.luniewsk@va.gov stephanie.luniewsk@va.gov.

10 310 x x 52.211-10

X 10

0 11:59PM EDT

06-07-2023

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

Network Contracting Office 4

Austin Payment Center

PO Box 149971 Austin TX 78714-9971

(877) 353-9791 (512) 460-5429

STEPHANIE LUNIEWSKI

36C24423R0076

Table of Contents

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)

A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION,

ALTERATION, OR REPAIR)– BACK

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

PROPOSAL INSTRUCTIONS TO OFFERORS

2.1 52.216-1 TYPE OF CONTRACT (APR 1984)

2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE

OF THE WORK (MAY 2014)

2.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE

EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

2.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION

MATERIALS (MAY 2014)

2.5 52.228-1 BID GUARANTEE (SEP 1996)

2.6 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE)

(FEB 2021)

2.7 52.233-2 SERVICE OF PROTEST (SEP 2006)

2.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

2.9 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND

VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)

2.10 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION (OCT 2018)

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

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023) ..18

3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

3.3 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—

CERTIFICATION (NOV 2021)

3.4 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND

REPRESENTATION (JUN 2020)

GENERAL CONDITIONS

4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

4.2 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE,

AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER

COVERED ENTITIES (NOV 2021)

4.3 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984)

4.4 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(MAR 2023)

4.5 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)

4.6 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL

LABOR RELATIONS ACT (DEC 2010)

4.7 52.223-20 AEROSOLS (JUN 2016)

4.8 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (OCT 2022)

4.9 SUPPLEMENTAL INSURANCE REQUIREMENTS

4.10 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

4.11 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

4.12 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

4.13 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (NOV 2022)

4.14 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING--

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (NOV 2022)

4.15 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)

4.16 VAAR 852.232-70 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION

CONTRACTS (WITHOUT NAS–CPM) (NOV 2018) (ALTERNATE I)

4.17 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

4.18 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019)

4.19 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019)

ALTERNATE I (APR 2019)

4.20 VAAR 852.236-90 RESTRICTION ON SUBMISSION AND USE OF EQUAL

PRODUCTS (APR 2019)

4.21 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT

ADMINISTRATION (OCT 2020)

4.22 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ..56

4.23 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT

(SEP 2019)

DESIGN BUILD SPECIFICATIONS

4.24 PARTNERING

4.25 SCHEDULE OF PAYMENTS FOR DESIGN SERVICES

4.26 OWNERSHIP OF ORIGINAL DOCUMENTS

4.27 RETENTION OF REVIEW DOCUMENTS

4.28 CONTRACT DRAWINGS AND SPECIFICATIONS GOVERNMENT FURNISHED

PLANNING INFORMATION

4.29 COORDINATION WITH MEDICAL CENTER

4.30 RESPONSIBILITY OF THE DESIGN-BUILD CONTRACTOR

ATTACHMENTS

ATTACHMENT 1 - RELEASE OF CLAIMS

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMB

ER

DESCRIPTION OF

SUPPLIES/SERVICES

QUANTIT

Y UNIT UNIT PRICE AMOUNT

0001 1.00 JB _____________

Project 595-23-113 Construct UPS for MRI Chiller. Design/Build New UPS for MRI Chiller.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 236220 - Commercial and Institutional Building Construction PRODUCT/SERVICE CODE: Y1DZ - Construction of Other Hospital Buildings

GRAND TOTAL _____________

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE

AND BONDS

Phase I Proposal information and contract forms may be obtained by general (prime) contractors interested in submitting a proposal direct to the Department of Veterans Affairs and by suppliers and subcontractors for their use in preparing sub-bids for general (prime) contractors from the System for Award Management (SAM) Contract Opportunities website at https://sam.gov under solicitation number 36C24423R0076. By registering at SAM, prime contractors, suppliers and subcontractors will have access to download Scope of Work, solicitation and amendments.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO

BIDDERS/OFFERORS

PROPOSAL INSTRUCTIONS TO OFFERORS

PROCEDURES FOR SUBMITTAL OF OFFERS AND PROPOSAL EVALUATION

CRITERIA – PHASE I

1. Overview.

1.1. The intent of this solicitation is to select one contractor to provide professional design and construction services in accordance with the Statement of Work (SOW) for the Lebanon Construct UPS for MRI Chiller Design-Build project, Project # 595-23-113, solicitation 36C24423R0076.

1.1.1. 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. A single award shall be generated for the project. The Government reserves the right to accept other than the lowest priced offer or to reject all offers. Setting aside for an SDVOSB firm is in compliance with regulations to meet our goals and fulfill the VA’s mission to meet socioeconomic goals.

1.1.2. This Request for Proposal is issued as a Two-Phase Design-Build procurement (Reference Federal Acquisition Regulation Part 36.3). Proposals will be evaluated in Phase I to determine which offerors will submit proposals for Phase II. A maximum of three (3) offerors will proceed to Phase II unless the Contracting Officer determines that a number greater than three (3) is in the Government’s interest and is consistent with the purposes and objectives of this Two-Phase Design-Build project.

1.1.3. The Phase II Request for Proposal (RFP), in the form of a solicitation amendment, shall be issued to only those successful offerors that were determined to be the most highly qualified from Phase I.

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 in Phase I to clearly describe the offeror's technical approach (not detailed design or technical information), technical qualifications (i.e. specialized experience, technical competence, capability to perform) and past performance to successfully complete the project. Phase I does NOT include cost or pricing information. Requirements stated in this RFP are minimums.

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 proposals shall be submitted as a PDF file to the email listed in paragraph 2.5. The Phase I proposal shall address the evaluation factors listed below:

o Factor 1 - Technical Approach (but not detailed design or technical information) o Factor 2 – Technical Qualifications

Subfactor 1 – Specialized Experience and Technical Competence Subfactor 2 – Capability to Perform o Factor 3 – Past Performance

2.4. Phase I proposals shall be received by 06/07/2023, 11:59 PM Eastern Standard Time (EST). Proposals that are received after this time shall be late and may not be considered. There will be no public opening of the proposals.

2.5. All proposals shall be emailed to Stephanie Luniewski at stephanie.luniewski@va.gov.

Hard mailed proposals will not be accepted.

3. Phase I Proposal Evaluation Process

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

3.2. The evaluation process for Phase I essentially consists of three (3) Factors and two (2) subfactors: Technical Approach, Technical Qualifications (Specialized Experience and Capability to Perform) and Past Performance. Proposals will be evaluated these factor and criteria identified below.

3.2.1. The Technical Approach, Technical Qualifications, and Past Performance factors are all equal to each other.

3.2.2. 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.

3.2.3. Provide a clear and concise narrative for each of the factors below. The narrative shall address the information stated in the factors and subfactors. The Government will evaluate the offeror’s answers for information and completeness, and offerors not submitting required information may not be considered for evaluation.

3.3. Phase I Evaluation Factors

3.3.1. Evaluation Factor 1 – Technical Approach:

3.3.1.1. This factor evaluates how the individual offeror will approach the design and construction of this project. The firms shall provide detailed information addressing the organization and the roles and responsibilities of the various sub-contractors for both the design and construction. For Design Approach, Firms shall describe the techniques and methods for an efficient, effective design to replace the automatic transfer switches. For Construction approach, firms shall describe the techniques and methods for this construction project to include coordination with the design packages, projected project timelines and coordination of work. The firm should also include considerations of “Fast Track” construction whereby preliminary site construction activities can begin prior to the completion of the accepted 100% design documents.

3.3.2. Evaluation Factor 2 – Technical Qualifications:

3.3.2.1. The offeror shall provide a minimum of one (1) and a maximum of two (2) projects using Exhibit A. The SSEB will evaluate this factor using the information provided by the offeror from Exhibit A along with the information requested in the subfactors below. The offeror shall demonstrate their experience on relevant Design/Build and project(s) that are similar in size, scope, and complexity to the RFP. Indicate the number of design/build projects construction contractor and AE have completed together.

3.3.2.2. Subfactor 1: Specialized Experience and Technical Competence

This factor evaluates the experience of the construction firm and design team in completing projects requiring skills similar to those anticipated for this contract. Evaluators will use the information provide in Exhibit A, the information from the organizational chart provide in subfactor 2.6.3.2B below, and the resumes of the Architect Firm.

3.3.2.3. Subfactor 2: Capability to Perform

3.3.2.3.1. The Government will evaluate the offeror’s information concerning overall organization, organizational chart with brief relevant details of individual experiences/qualifications, 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. Offeror shall provide, as an attachment, an Organizational Chart listing company personnel and their roles. Provide names, duties, and levels of responsibility of key personnel to include the Project Manager, Site Superintendent(s), Quality Control Manager, Safety Manager, and Infection Control Manager. Indicate to whom the Quality Control, Safety, and Infection Control Managers report. In addition, contractor shall provide a list of the in-house trades that contractor employs. The offeror shall provide the names, disciplines and resume of the key personnel of the Architectural Firm that will be used on this project. Offeror should detail its capability in managing projects for the similar size and scope and disciplines needed to accomplish this project. The specific criteria proposed (skill levels and background) for personnel, if adequate, is an indicator of an acceptable organization.

3.3.2.3.2. The proposed subcontractors, applicable for multi-discipline consideration, are verifiable, and information provided indicates a good professional relationship with electricians, HVAC, carpenters, plumbing, concrete, etc.

3.3.2.3.3. The offeror shall submit information 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. Adequate scheduling processes are necessary to ensure completion and control of the project from beginning to the end. Offeror must provide an organizational chart and tentative schedule, including a timeline for major features of work. In addition, please identify the person responsible for ensuring the schedule is met (ex. Project Manager).

3.3.2.3.4. This factor evaluates the ability of the Construction firm to perform given their current projected workload and the availability of their key personnel, to accomplish the project in the required time.

Contractor to provide demonstrated compliance to performance schedules, adherence to timelines for deliverables, the ability to meet unusual time constraints and methods of project management

3.3.2.3.5. The offeror shall provide adequate detail on the offeror’s policy regarding Quality Control (QC) and how the offeror intends to achieve this standard on the project. Offerors are also to discuss their ability to comply with the requirements of The Infection Control Manual of the Medical Center

3.3.2.3.6. Offeror to discuss their Safety Program in general, and provide, as a minimum, details on training, documentation, and your plan to ensure adherence to OSHA Standards. Offeror is to discuss the steps they took to promote safety during construction during the past five (5) years. Provide 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. If the number exceeds the criteria listed, explain why.

Offerors shall submit their current EMR rating. EMR rating should be less than or equal to 1.0. If the number exceeds the criteria listed, explain why.

3.3.3. Evaluation Factor 3 – Past Performance:

3.3.3.1. The SSEB will evaluate 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. 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), and Source Selection Evaluator personal knowledge of offeror to gather documentation on past performance. 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. Offeror’s can provide past performance on previous projects for the SSEB team which can be used during the past performance evaluation. 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.

2.1 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

(End of Provision)

2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—

SECONDARY SITE OF THE WORK (MAY 2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of Provision)

2.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO

ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION

(FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

Goals for female participation for each trade

3.1 % 6.9 %

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

Economic Code Areas 010-018 https://www.dol.gov/sites/dolgov/files/ofccp/ParticipationGo als.pdf

(End of Provision)

2.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—

CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American—Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.5 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)

2.6 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID

GUARANTEE) (FEB 2021)

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

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

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

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

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

(End of Provision)

2.7 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:

Hand-Carried Address:

Network Contracting Officer 04

Heinz VAMC

1010 Delafield Rd Pittsburgh PA 15215 Mailing Address:

Same as above

(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)

2.8 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/

FAR

Number

Title Date

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING

AUG 2020

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL JAN 2017

52.215-1 INSTRUCTIONS TO OFFERORS—COMPETITIVE

ACQUISITION

NOV 2021

52.236-28 PREPARATION OF PROPOSALS—CONSTRUCTION OCT 1997

2.9 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)

2.10 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)

2.11 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:

Deputy Assistant Secretary for Acquisition and Logistics, Risk Management Team, Department of Veterans Affairs 810 Vermont Avenue, N.W.

Washington, DC 20420

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

Director, Office of Construction and Facilities Management 811 Vermont Avenue, N.W.

Washington, DC 20420

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 236220.

(2) The small business size standard is $39.5 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. This provision applies to solicitations when contracting by sealed bidding and 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).

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-- Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate.

(Basic, Alternates II and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.

(C) If the acquisition value is $92,319 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan— Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[X](i) 52.204-17, Ownership or Control of Offeror.

[X](ii) 52.204-20, Predecessor of Offeror.

[](iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

[](iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Certification.

[](v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Certification.

[](vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

[](vii) 52.227-6, Royalty Information.

[](A) Basic.

[](B) Alternate I.

[](viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of Provision)

3.2 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it ‘‘does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument’’ in paragraph (c)(1) in the provision at 52.204–26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212–3, Offeror Representations and Certifications– Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it ‘‘does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services’’ in paragraph (c)(2) of the provision at 52.204–26, or in paragraph (v)(2)(ii) of the provision at 52.212–3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or…