36C78618R0343-003.docx

36C78618R0343 – Two Phase Design Build for the Gerald B.H. Solomon Saratoga National Cemetery

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.

36C78618R0343 X 05-23-2018

917CM3004 & 917CM300

43C2 Department of Veterans Affairs National Cemetery Administration 425 I Street, NW Washington, DC 20001

SAME AS BLOCK #7

Ms. Lenora Stephens 202-632-5599 The Department of Veterans Affairs, National Cemetery Administration anticipates awarding a firm-fixed price Design build contract based on the two Phase Design Build process. The Government intends to award without discussions.

However, the Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

This solicitation contains both Phase 1 and Phase 2; only Phase 1 is requested at this time. Phase 2 will be issued via amendment to the three (3) most highly qualified offerors. Technical and price proposals are only required for the offerors making it to Phase 2.

This design build project will take place at the Gerald B.H. Solomon Saratoga National Cemetery located in Saratoga, County in New York. The contractor shall provide all labor, materials, equipment and administration necessary for the design, construction & performance for all work in accordance with the solicitation plans, specifications, drawings, Statement of Work, required permits, terms and conditions herein.

CLIN 01: the contractor shall provide a new 4,000 niche columbarium; CLIN 02: 4,600 Pre-placed crypts;

CLIN 03: columbarium; Option 1 Covered storage; Option 2: facility improvements; Option 3: Road & Parking

Architect-Engineering firms that were involved in the preparation of the planning for this project are not eligible to participate in the Design Build process.

This solicitation is a 100% set-aside for Service Disabled Veteran Owned Small Business under 38 U.S.C. 8127(b) (Section 502 of Public Law (P.L.) 109-461).

Award is subject to the availability of funds. The estimated cost range is $5,000,000 - $10,000,000. A bid guarantee, payment & performance bonds are required. The NAICS code is 237990 with a size standard of $36.5 Million. Award will be on a Best Value trade off basis where all evaluation factors other than cost or price, when combined, are significantly more important than cost or price.

All enquiries regarding the solicitation, drawings, specifications, and Statement of Work shall be sent to the Contracting Of f icer via email at lenora.stephens@va.gov entitled, "36C78618R0343 – Saratoga National Cemetery - Questions” June 8, 2018, at 2:00 p.m. EST

The offeror shall be registe re d in SAM, Vets 4212, the Department of Veterans Affairs (VA) Vendor Information Pages and certified as a Service Disabled Veteran Owned Small Business at time of award at the following URLs: www.sam.gov, www.vetbiz.gov and www.dol.gov/vets/vets4212.htm X X 52.211-10 X 3:30 p.m.

06-22-2018 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

Price shall be entered for Phase 2 only Grand Total: ___________________________

Harry Parker, PhD

Table of Contents

CONTINUATION SHEET

Solicitation Number: 36C78618R0343 Contract Number:

Description: Gerald B.H. Solomon Saratoga National Cemetery

Company Name & Address: Telephone Number:

DUNS & Bradley Number: Tax Identification Number:

Email of POC for Award:

Email of POC for CPARS:

CLIN 01: _________________________ CLIN 02: _________________________

CLIN 03: _________________________ Option 1: _________________________

Option 2: _________________________ Option 3: _________________________

Subtotal of all CLINs (including bonds): _______________________________

Subtotal of all Options (including bonds): _______________________________

Total of all Line Items (including bonds): _______________________________

It is the intent of the Government to award this contract based on the total of CLIN 01, CLIN 02, CLIN 03, Option 1, Option 2 and Option 3. If sufficient funds are available, one or more of the Option sets, may be accepted. The intent is to award all line items including options; however, the Government shall reserve the right to pick options out of sequence. It is the intent of the Government to make a single award to one company.

Print Name and Title of Contractor

Signature of Contractor and Date Signed

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

DESCRIPTION OF WORK:

CLIN 01: Pre-Placed Crypt (PPC) PROJECT SCOPE AND DESIGN CRITERIA. New PPC are to be located at burial sections 4, 5, and 15 see cemetery map below.

CLIN 02: Installation of Pre-Placed Crypts. See Section 7.4 of the Statement of Work for more details.

CLIN 03, Columbarium. See Section 8 of the Statement of Work for more details.

OPTION 1, Covered Storage Structure in Maintenance Yard. See Section 9 of the Statement of Work for more details.

OPTION 2, Facility Improvements. See Section 10 of the Statement of Work for more details.

OPTION 3, Road and Parking improvements. See Section 11 of the Statement of Work for more details

The cutoff for questions is June 8, 2018, at 2:00 p.m. EST. Questions concerning this solicitation must be submitted in writing to the Contracting Officer. Questions shall be sent via email entitled, “36C78618R0343 – Saratoga National Cemetery - Questions” to lenora.stephens@va.gov. All questions submitted regarding this solicitation shall list the title provided above on the subject line. Any questions received without the appropriate title in the subject line and/or received after the cutoff date and time for questions may not be reviewed prior to the posting of any possible amendment postings.

The burial activities at a National Cemetery shall take precedence over construction activities. The Contractor must cooperate and coordinate with the Cemetery Director, through the CO/COR, in arranging construction schedule to cause the least possible interference with Cemetery activities in actual burial areas. Construction noise during the committal services shall not disturb the service. Trucks and workmen shall not pass through the service area during this period.

The Contractor is required to discontinue his work sufficiently in advance of the following holidays: Easter Sunday, Mother's Day, Father's Day, Memorial Day, Veteran's Day and/or Federal holidays, to permit him to clean up all areas of operation adjacent to existing burial plots before these dates.

PROPOSAL SUBMISSION

Documents required: proposals shall be submitted to the Contracting Officer by the due date and time as stated on the Standard Form 1442, Solicitation, Offer and Award at the Department of Veterans Affairs, National Cemetery Administration. The offer shall include a complete signed Standard Form 1442 with the signature of a person authorized to bind the company. All amendments must be acknowledged, and the package must include an original and one copy of all required documents.

Transmittal envelopes or other packaging shall be clearly marked with the solicitation number, project name, project number, offeror’s company name and return address. This includes proposal packages that are enclosed within express courier packaging, e.g. Federal Express, UPS, etc.

Please take note: All offerors are required to complete all provisions and clauses referenced under VAAR 852.252-70 which has been included as full text within your solicitation. All offerors shall submit said paperwork with their proposal prior to the closing date and time of the solicitation.

HAND DELIVERY

Proposals can be hand delivered to the Contracting Officer, keeping in mind that the Contracting Office is located in a high security federal building which will require the delivery person to undergo a security check in addition to the escort requirement. Therefore, any offeror whom wishes to hand deliver their package must provide enough time that will allow them to go through the security check point and contact the Contracting Officer.

EXPRESS MAIL COURIERS

We strongly advise when submitting your offer that use any method other than 1st Class mail e.g. UPS, Federal Express, Airborne Express and the United States Postal Services’ Priority Mail Express are considered viable methods of delivery with tracking numbers for verification of Government receipt. Please take note: That packages being shipped via these types of couriers are examined off site prior to delivery. Circumstances have been known to happen in which such mail was due to be delivered by 10 a.m., due to its examination off site, did not arrive until later in the day. Just be sure to keep your tracking number handy.

US 1st CLASS (REGULAR) MAIL Please take note: The Federal facility where your packages will be delivered has a mail scanning requirement. The scanning requirement is known to cause delays in mail delivery. It is paramount that offerors use good judgement in submitting offers in a timely and responsive manner.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of Provision) Technical Proposal Requirements. The proposal shall address the following evaluation factors during a 2 phase procurement process for Design Build.

Phase 1 Individual Evaluation:

VA-NCA, Contracting Service - DC will post a synopsis of the requirement for fifteen (15) days prior to issuing the Phase 1 solicitation. Phase 1 solicitation will be published for a period of 30 calendar days requesting interested parties to submit a proposal that contains their proposal addressing Phase 1 technical evaluation requirements for Technical Approach, Technical Qualifications, and Past Performance (Customer Satisfaction). Price or cost is not an evaluation factor for Phase 1 evaluations. Upon receipt of Phase 1 solicitation proposals from the Offerors, each Source Selection Evaluation Board (SSEB) voting member will complete an individual evaluation of each proposal and provide a recommendation on ranking the offers from best qualified to least qualified. Only the top three (3) ranking Offerors will be selected to submit Phase 2 proposals. For Phase 1, each evaluation factor is equal in importance. The Phase 1 evaluation will be conducted using the following factors:

Factor 1: Technical Approach: Design/Build Narrative: Proposals shall be evaluated based on the overall description of the design-build process from notice to proceed to project completion which shall include all stages of the contract including but not limited to: survey work, design submittal milestones, construction milestones, and closeout of the project. The VA NCA SSEB requires a play by play description for each phase of the design-build process. A complete and comprehensive narrative will receive a higher rating.

Factor 2: Technical Qualifications: The capability of the Design/Build team to perform on this contract will be evaluated per recent corporate specialized experience working on design-build contracts for completed projects of comparable size, complexity, and scope within the last ten (10) years.* Include the following information for only 5 of the most relevant projects on the past project work sheet attached herewith;

· Project title, location and contracting method (design build, design bid build, etc.)

· Project description including the building use.

· Project owner’s contact person name and telephone number.

· Project start and completion dates (original vs. actual) for each project, explain reason for increase in schedule if applicable.

· Project cost (original vs. actual), for each project, explain reason for increase in cost if applicable.

*Comparable size, complexity, and scope are defined as follows: Comparable size is defined as the dollar value of the past contracts as compared to the dollar value of this contract (are they comparable in cost,); Complexity is defined as the variety and number of different trades working on past projects as compared to the trades involved for this project, such as but not limited to; site survey, site investigation, utility work, paving, concrete, masonry, carpentry, landscaping, irrigation, etc. Scope is defined as having the same work products as required for this projects’ scope of work as applicable such as: site survey work, site utility work, earthwork, roads/parking, paving, crypts, columbaria, administrative office buildings, vehicle maintenance buildings, landscaping, and irrigation systems.

Technical Evaluation Rating Scale for Factors 1 and 2

Standard Definitions

Strength

A strong attribute or quality of particular worth or utility; an inherent asset. Note: Simple adherence to the requirements or ability to meet a requirement is compliance but should not be listed as strength.

Deficiency

A material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

Factor 3: Past Performance (Customer Satisfaction) – Offeror shall submit the CPARS evaluations (final or interim) and/or Past Performance Questionnaire (PPQ) for the five (5) projects submitted under Phase I Factor 2 – Technical Qualifications. A PPQ should only be submitted if no CPARS exists. A PPQ form is attached herewith for distribution to former customers / clients for the customer/client to complete.

Rating will be based on how well the contractor performed on the contracts and the relevancy of the projects, projects for which CPARS or PPQs are submitted and should be similar to this project in terms of size, complexity, cost, scope and contract type.

Performance Confidence Assessments

Phase II:

Individual Evaluation:

In Phase II of this process, VA-NCA Contracting Officer will issue the solicitation to the three highest ranked Offerors from Phase I.

Phase II Technical Evaluation Factors (Proposal): Proposal evaluation for award will include both Phase I and Phase II Technical Evaluation ratings. These ratings, when combined, are significantly more important than cost or price. Phase II Evaluation Factors 1 thru 4 are equal in importance.

Evaluations will be based on the following evaluation factors:

Factor 1, Design and Construction Concept Narratives: Contractor’s understanding of this project’s scope shall be evaluated based on the Design and Construction narratives. Complete and comprehensive narratives will receive higher rating.

Sub Factor A: Design Narrative Provide a design narrative that describes all the design elements/features included in this scope of work. Include information about survey work, materials and finishes to be used for the structures, utility systems, and identify any special considerations as applicable.

Sub Factor B: Construction Narrative Provide a detailed construction narrative that describes phasing of the work as applicable: mobilization, staging, site preparation, utility work, erection of structures, irrigation and landscaping.

Factor 2, Management Approach: Shall be evaluated based on Project Delivery Philosophy, Organizational Chart and Narratives, Quality Assurance / Quality Control Plan.

Sub Factor A: Project Delivery Philosophy – Include a narrative concerning:

Methods for Successful Partnering: Communication and Conflict Resolution Sub Factor B: Project Organizational Chart and Narrative Provide Organizational Chart; identify all key personnel listed in Factor 3 on the Organizational Chart, include title/role and name.

Provide Narrative that clearly describes the prime contracting firm (or firms if a joint venture) and individuals as well as the roles and responsibilities of individuals proposed as sub-consultants and sub-contractors.

Provide a list of all sub-consultants and all proposed sub-contractors; include web site address for each.

Sub Factor C: Quality Control Plans Provide a Quality Control Plan for the design phase of the project.

Provide a Quality Control Plan for the construction phase of the project.

Factor 3, Key Personnel: Key Personnel shall be evaluated based on relevant experience on past projects of comparable size, complexity and scope, key personnel must have at least 5 years of experience doing design and/or construction work. Job related licenses/registrations/certifications for key staff will improve overall evaluation rating. Key staff professional licensing in the state of New York will result in higher evaluation rating.

Biographical data shall include the following:

· Name of individual.

· Company employed by.

· Company position title.

· Years with the company.

· Describe work experience with 3 projects that were of comparable size, complexity, and scope to this scope of work.

· Position that the individual will hold in regard to this contract/project team.

· What percentage of the individual’s time would be committed to the project during design and/or construction phase, specify which phase.

· List current and active job related professional licenses/registrations/certifications (provide state and number.)

· Supply biographical data for only the following key personnel that will be assigned to this project (Note if one particular individual is proposed for more than one of the following positions, list that individual for each key position they will be filling):

· Prime Contractor’s Design-Build Project Manager who will manage the prime’s staff and all sub-consultants.

· Design Project Manager who will manage the design effort for this contract.

· Engineering Project Manager who will manage the engineering team for this contract.

· Construction Project Manager who will manage construction and sub-contractors on site during construction.

· Architect

· Structural Engineer

· Landscape Architect

· Mechanical Engineer

· Electrical Engineer

· Plumbing Engineer

· Irrigation Specialist

· Construction Field Representative/Superintendent.

Factor 4: Technical Solution for performance schedule: Provide project design and construction schedule. The Contractor’s understanding of project specific schedule parameters shall be evaluated. A complete and comprehensive schedule that includes design submission milestones and detailed construction task milestones per construction specifications institute (CSI) division will receive a higher rating.

Sub Factor A: Project Progress Schedule - The progress schedule will be in a time scaled bar graph format. The horizontal axis will be scaled for time beginning with the Notice to Proceed and concluding with contract completion. The vertical axis will show the milestones and major portions of the contract work. All schedule items will show a start date and a completion date. The detailed schedule will indicate specific tasks with dates for each step of the process including:

Design Period: Include pre-design site survey work, each design/construction document submittal milestone, and indicate government review periods. State all assumptions.

Construction Period: Include permitting as applicable, mobilization, site prep, staging, long lead items, start and completion of construction scope items, etc. State all assumptions.

Sub Factor B: Narrative of Schedule Parameters: Provide written commitment as to the time frame for project completion. Specify how much allowance has been made for anticipated weather delays and potential delays due to cemetery operations and events. State all assumptions.

Technical Evaluation Rating Scale for Factors 1 – 4

approach and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact on contract performance. Risk of unsuccessful performance is moderate.

Standard Definitions

Strength

A strong attribute or quality of particular worth or utility; an inherent asset. Note: Simple adherence to the requirements or ability to meet a requirement is compliance but should not be listed as strength and associated benefits to NCA.

Deficiency

A material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level or omission of required information.

Factor 5: Price: Price is evaluated based on the Offeror’s total proposed price being complete, reasonable, and realistic given the proposed technical approach. The Offeror is directed to provide a cost breakdown of each CLIN itemized breakdown that will include material, quantities, unit prices, labor costs (separated into trades), construction equipment, etc.. Include general condition items such as mobilization, overhead and profit on separate lines. The Government will evaluate the breakdown against the IGCE to determine if the proposal for the various CLIN Items is balanced, is realistic for the work to be performed which indicates that the Offeror understands the project requirements, and is complete in scope.

ATTACHMENTS

See attached document: PAST PROJECTS WORK SHEET.

See attached document: PPQ Final 1-10-2018.

See attached document: 917CM3005 Saratoga SOW D-B Revised 2.

2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

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

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

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

(End of Provision)

2.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the—

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Gerald B.H. Solomon Saratoga National Cemetery in Schuylerville, New York located within Saratoga County.

(End of Provision)

2.4 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014) ALTERNATE II (JUN 2009)

(a) Definitions. "Bahrainian, Mexican, or Omani construction material," "commercially available off-the-shelf (COTS) item," "construction material," "designated country 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 Under Trade Agreements" (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination 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 FAR clause 52.225-11 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 materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(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 construction material, except foreign construction material from a designated country other than Bahrain, Mexico, or Oman that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material other than Bahrainian, Mexican, or Omani 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 FAR clause 52.225-11 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 FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material other than Bahrainian, Mexican, or Omani 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, 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 52.233-2 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:

Ms. Lenora Stephens Hand-Carried Address:

Department of Veterans Affairs National Cemetery Administration Suite 5E.425 425 I Street NW Washington, DC 20001

Mailing Address:

Department of Veterans Affairs National Cemetery Administration Attention: 43C2 425 I Street NW Washington DC 20001

(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)

2.7 52.237-1 SITE VISIT (APR 1984)

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

(End of Provision)

2.8 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— Tuesday, June 5, 2018, at 2:00 p.m. local time.

(c) Participants will meet at— Administration Building

(End of Provision)

2.9 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)

2.10 52.236-28 PREPARATION OF PROPOSALS—CONSTRUCTION (OCT 1997)

(a) Proposals must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a proposal must initial each erasure or change appearing on any proposal form.

(b) The proposal form may require offerors to submit proposed prices for one or more items on various bases, including—

(1) Lump sum price;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of paragraphs (b)(1) through (b)(3) of this provision.

(c) If the solicitation requires submission of a proposal on all items, failure to do so may result in the proposal being rejected without further consideration. If a proposal on all items is not required, offerors should insert the words "no proposal'' in the space provided for any item on which no price is submitted.

(d) Alternate proposals will not be considered unless this solicitation authorizes their submission.

(End of Provision)

2.11 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)

2.12 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008)

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

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

2.13 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998)

As an alternative to filing a protest with the contracting officer, an interested party may file a protest with the Deputy Assistant Secretary for Acquisition and Materiel Management, Acquisition Administration Team, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, or for solicitations issued by the Office of Construction and Facilities Management, the Director, Office of Construction and Facilities Management, 810 Vermont Avenue, NW., Washington, DC 20420. The protest will not be considered if the interested party has a protest on the same or similar issues pending with the contracting officer.

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

2.14 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)

The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee's authority. A copy of the designation shall be furnished to the contractor.

(End of Provision)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.

(2) The small business size standard is $36.5 Million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

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