S02 36C24420R0052-Posted 6-22-2020.docx

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.

of 63 36C24420R0052 X 06-19-2020 TBD upon award 562-21-1-5705-0002 562-14-115 00244 Department of Veterans Affairs Network Contracting Office 4

See attached delivery schedule

Paul Bosak 814-860-2930

Chiller Plant Construction: Work includes general construction, mechanical and electrical work, utility systems, and construction and certain other items as indicated in the drawings and specifications.

Wage Determination PA20200088 dated 6/19/2020 applies to this solicitation. The Contractor shall be responsible for the correct title of classification of workers and compliance with applicable wage and hour laws.

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

This project is being solicited as a 100% Service Disabled Veteran Owned Small Business set-aside. The North American Industry Classification System (NAICS) code is 236220 and the Small Business Size is $36.5 Million.

All pricing to be submitted on Price/Cost Schedule

X X 52.211-10 X

4:00 PM

07-2 -2020 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

Offeror shall complete Price/Cost Schedule 00244 Department of Veterans Affairs Network Contracting Office 4

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

(877) 353-9791

(512) 460-5429

Table of Contents

PRICE/COST SCHEDULE

ITEM INFORMATION

ACCOUNTING AND APPROPRIATION DATA

DELIVERY SCHEDULE

001 Construct Chiller Plant 1 365 days after NTP

Page 1 of Page 1 of

Instructions, Conditions and Other Statements to Offerors:

(a) Pricing shall be submitted utilizing the Price/Cost Schedule, Continuation of SF 1442. Offerors are urged to type or print pricing legibly.

(b) All proposals are to be mailed or hand carried to:

Erie VA Medical Center Attention: Paul Bosak Bldg 6 135 East 38th Street Erie, PA 16504

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

(d) A formal site visit is scheduled for this solicitation on, June 30th 2020 at 10:00 am ET. The location will be the Erie VA Medical Center, 135 East 38th Street, Erie, PA 16504 – Building 6. All contractors that will be coming for the site visit MUST check in with Security at the Main Hospital Building #1 located in the Urgent Care Entrance. All contractors will then proceed to the Bldg 6 Conference Room. See Federal Acquisition Regulation (FAR) Clause 52.236-27 Site Visit for information.

(e) Offerors are alerted that there are five (5) Brand Name Only items as part of this solicitation - See Clause Veterans Administration Acquisition Regulation VAAR Subpart 852.236-90 Restrictions on Submission and Use of Equal Products. Proposals containing items other that those specified in this clause will be considered non-responsive and will be cause for rejection.

(f) A Bid Bond is required for this solicitation. A bid guarantee is required in an amount not less than 20 percent of the bid price but shall not exceed $3,000,000.00 Bid Bond is to be executed on a SF 24. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for the opening of bids, will require rejection of the bid in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then.

(g) Technical Questions: Questions of a technical nature must be provided in writing and shall be submitted by prospective offerors to attention: Paul Bosak. Questions shall be submitted only via e-mail to: paul.bosak@va.gov The subject line must read: 36C24420R0052 - Technical Questions. Oral questions of a technical nature are not acceptable due to the possibility of misunderstanding or misinterpretation. Furthermore, only questions received from Prime/General contractors will be replied to. All questions must be received no later than 11:00 A.M. ET, July 8th, 2020. No telephone request will be honored. Any questions received after this time will NOT be considered and a response will NOT be provided. All technical questions and Government responses will be posted on beta.sam (formerly FedBizOpps) in an amendment to the solicitation.

(h) Proposals whose proposal contains a Teaming Agreement must provide the following information at time of proposal submittal:

· Legal name of company that will be teaming with the offeror firm

· Legal address of the company that will be teaming with the offer firm

· Duns & Bradstreet number of the company that will be teaming with the offeror firm

· Copy of the System Award Management (SAM) document of the company that will be teaming with the offeror firm.

· Offeror firm must submit a narrative identifying exactly how the Teaming Agreement will be written defining each party’s role in the preparation process and clearly defines separate roles for the proposed prime contractor and for the proposed subcontractor and how the proposed offeror intends to totally control contract performance. The teaming subcontractor must not have a role in contract management, particularly, a role where the teaming subcontractor employees are the key personnel. The narrative needs to contain the listing of team members, responsibilities of the team members, duration, and responsibilities of the team lead contractor. All bonds must be in the offeror’s name. Failure to provide complete narrative describe above at time of the proposal will be considered non-responsive and their proposal will be rejected.

Prior to award, should the selected offeror indicate their proposal contains a Teaming Agreement, the offeror has ten (10) calendar days to provide a duly executed Teaming Agreement acceptable to the Contracting Officer once the offeror is notified in writing. Failure to provide a duly executed Teaming Agreement within the ten (10) calendar day timeframe, the offeror will be considered non-responsive and their proposal will be rejected.

(i) Safety or Environmental Violations and Experience Modification Rate

“All Bidders/Offeror’s shall submit the following information pertaining to their past Safety and Environmental record. The information shall contain, at a minimum, a certification that the bidder/offeror has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or any EPA violation(s) in the past three years.

All Bidders/Offeror’s shall submit information regarding their current Experience Modification Rate (EMR) equal to or less than 1.0. This information shall be obtained from the bidder’s/offeror’s insurance company and be furnished on the insurance carrier’s letterhead.

Self insured contractors or other contractors that cannot provide their EMR rating on insurance letterhead must obtain a rating from the National Council on Compensation Insurance, Inc. (NCCI) by completing/submitting form ERM-6 and providing the rating on letterhead from NCCI. Note: Self insured contractors or other contractors that cannot provide EMR rating on insurance letterhead from the states or territories of CA, DE, MI, NJ, ND, OH, PA, WA, WY, and PR shall obtain their EMR rating from their state run worker’s compensation insurance rating bureau.

A Determination of Responsibility will be accomplished for the apparent awardee prior to processing the award. The above information, along with other information obtained from Government systems, such as the OSHA and EPA online inspection history databases will be used to make the Determination of Responsibility. Failure to affirm being within the guidelines above may result in a determination of “Non-Responsibility” for the bidder/offeror. Failure to submit this information may result in a determination of “Non-Responsive” for the bidder/offeror. NOTE: Any information received by the Government that would cause for a negative Determination of Responsibility may make the bidder/offeror ineligible for award.

Failure to furnish the required information above will be considered as Non-Responsive and will be cause for rejection.

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

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

INSTRUCTIONS TO OFFERORS

PROCEDURES FOR SUBMITTAL OF OFFERS AND PROPOSAL EVALUATION CRITERIA

1. Overview.

1.1 The intent of this solicitation is to select one contractor to provide professional construction services in accordance with the Statement of Work (SOW), drawings, and specifications for the Chiller Plant Construction, 36C24420R0052.

1.2 The Government intends to use the “Best Value” tradeoff process source selection approach in accordance with FAR 15.101-1. Award will be made to the responsive responsible offeror whose offer in conformance with this solicitation, results in the best value to the Government, price plus other factors considered. The Contracting Officer will award a firm fixed price contract to the responsive responsible offeror whom the Source Selection Authority determines conforms to the solicitation, is fair and reasonable and offers the best overall value to the Government, all factors considered. The Government reserves the right to accept other than the lowest priced offer or to reject all offers.

2. Submittal of offers.

2.1 Offerors submitting proposals for this project should limit submissions to data essential for evaluation of proposals, so that a minimum of time and monies will have been expended in preparing information required herein. However, in order to be effectively and equitably evaluated, the proposals must include information sufficiently detailed to clearly describe the offeror's experience, technical approach, and management capabilities to successfully complete the project. Proposals should follow in the order of sequence set forth in the Request For Proposal (RFP). Information provided out of sequence may not be evaluated and may result in the offeror's disqualification from award. Requirements stated in this RFP are minimums. Innovative, creative or cost-saving proposals that meet or exceed the requirements should be clearly noted and justified in the proposal.

2.2 Offerors must comply with the detailed instructions for the format and content of the proposal; proposals that do not comply with the detailed instructions for the format and content of the proposal may be considered non-responsive and may render the Offeror ineligible for award.

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

Volume I: Sections 1 – 2 Volume I: Sections 1-2 shall be submitted in original and two (2) copies. A compact disk (CD) containing all the information for Volume I shall also be submitted to the Contracting Officer. Must be typed using 11- point Times New Roman font. Packages that are handwritten will not be evaluated. Failure to place the required submission information under the appropriate tab (factor or sub factor) and format may result in a lower rating if the evaluators cannot readily find the appropriate information.

Volume II: Section 3 Volume II: Section 3 shall be submitted as an original only, and shall be placed in a separate envelope, included in the proposal package.

2.4 All proposals (two hard copies and one CD) shall be submitted to:

Erie VA Medical Center 135 E. 38th St Contracting Office, Building 6 Attn: Paul Bosak Erie, PA 16504

3. Proposal Evaluation Process.

3.1 A Source Selection Evaluation Board (SSEB) comprised of representatives of the Department of Veterans Affairs will evaluate the proposals. SSEB may also include Architect and Engineering firm non-voting members. The identities of the SSEB personnel are confidential, and any attempt by the offerors to contact these individuals is prohibited. The evaluation will be based on the content of the proposal and any subsequent discussions, if necessary, as well as information obtained from other sources, e.g. past performance information.

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

3.2.1 Technical and Past Performance Evaluation: Proposals will be evaluated against the Evaluation Factors and Criteria as identified in paragraphs below.

3.2.2 Price Evaluation: After the SSEB completes the Technical and Past Performance evaluation the CO will evaluate Volume II price proposals, and later, provide pricing for the SSEB to perform the Best Value evaluation recommendation.

NOTE: Price/Technical Trade-off Analysis: After all above evaluations are complete, the SSA will compare the relative advantages and disadvantages of technical proposals and weigh against the prices. Statement of Work (SOW) identifies project scope. The Source Selection Authority (SSA) will then consider all factors to select the proposal offering the best value to the Government.

4.1 Evaluation Factors

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

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

4.1.2. As demonstrated in their proposals, Offerors shall be evaluated in terms of the Offeror’s ability to meet or exceed the project’s requirements as identified in the SOW, and those proposals demonstrating an ability to exceed specified requirements may be rated higher in those areas than proposals demonstrating only the ability to meet requirements. Offerors are reminded to include their best technical and price terms in their initial offer and not automatically assume that they will have an opportunity to participate in discussions or be asked to submit a revised offer. The Government intends to make award to a responsible Offeror submitting a conforming proposal without discussions, if deemed to be in the best interest of the Government.

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

4.3 Volume II - Price Proposal

Section 3 Standard Form 1442, Proposal Pricing Page, and any additional submissions such as Certs and Reps and Bonding

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

5.1.1 Evaluation Factor 1 – Technical Capability: Provide a clear and concise narrative not to exceed 25 pages (front and back side use of a single page will count as 2 pages). This page limit excludes the Organizational Chart (with brief relevant details of individuals’ experiences/qualifications), Tentative Schedule, Quality Control Plan synopsis, Safety Plan synopsis, and Infection Control Plan synopsis. Company advertising literature shall not be included. The narrative shall address the following three (3) sub-factors. The sub-factors, listed under Evaluation Factor 1, are of equal importance. An overall rating will be assigned at the Factor Level only based on all reviewers’ ratings. The Government will evaluate the offeror’s answers for information and completeness, and offerors not submitting required information may not be considered for evaluation or award.

Experience Capability Quality Control

a) Experience:

Using the information on the projects/contracts discussed and listed in Exhibit A, Past Performance Relevancy Questionnaire, the Government will evaluate the quality and extent of related experience to determine if the offeror has the experience to manage construction projects, which are comparable to the work requirements of this solicitation. Offeror needs to detail experience in managing construction projects of similar size and scope, to detail the quality and extent of related experience, to show the offeror has the experience to manage construction projects comparable to the work requirements of this solicitation.

b) Capability:

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. Provide the number (not names) of these employees and if they are full-time or part-time. 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. Offeror needs to detail how it plans to respond to potentially short notice site visits/proposal meetings (normally within two calendar days but potentially as short as two hours). How will contractor ensure compliance with these requirements?

The proposed subcontractors, applicable for multi-discipline consideration, are verifiable, and information provided indicates a good professional relationship Iron Workers, electricians, HVAC, carpenters, plumbing, concrete, etc. Subcontractors shall have completed Exhibit B– Subcontractor Information and Consent form. In addition, Exhibit C, calculations of self-performed work, must be completed and submitted, in accordance with FAR 52.219-14, limitations on subcontracting.

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).

Also note any improvements exceeding the RFP requirements or betterments provided, including an explanation of proposed systems, as outlined in SOW. A detailed Statement of Work is provided within the Specification and Drawing package.

c) Quality Control:

The Government will evaluate the offeror’s answers to technical capability information submitted concerning proposed quality control activities and proposed safety program, including, but not limited to, training and documentation for compliance with the solicitation requirements. Offeror must provide a quality control plan synopsis, safety plan synopsis, and infection control plan synopsis.

Discuss how quality issues will be dealt with on this construction project. Provide the names of testing laboratories to be used and the procedures for test data reporting. Discuss your procedures for contract closeout.

Discuss your Safety Program in general, and provide, as a minimum, details on training, documentation, and your plan to ensure adherence to OSHA Standards. Discuss the steps you 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?

Discuss your ability to comply with the requirements of The Infection Control Manual of the Medical Center.

Evaluation Criteria The Narrative will be evaluated for completeness, thoroughness, and functionality. Pages beyond the limited specified in paragraph 5.1.1 will not be read or evaluated.

5.1.2 Evaluation Factor 2 – Contractor’s Past Performance

Submission Requirements: Contractor Past Performance – Project Recency and Relevancy

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

Please provide:

1) Project description, at a minimum, the description should include scope, size and dollar value of the project and can include photographs, to determine recent and relevant past performance.

2) Show the participation of key personnel (identified previously with resume) in the listed projects. The offeror can also include the subcontractors by company name. Including subcontractors may be beneficial to show the experience of the company in addition to the key personnel.

3) The Government may also use other tools including but not limited to CPARS, Vet Biz, Dunn & Bradstreet, Federal Awardee Performance and Integrity Information System (FAPIIS), and Source Selection Evaluator personal knowledge of the contractor to gather documentation on past performance.

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

In accordance with FAR 15.306(a)(2), if award will be made without conducting discussions, offerors may be given the opportunity to clarify certain aspects of their proposals, e.g., the relevance of an offeror's Past Performance information and adverse Past Performance information to which the offeror has not previously had an opportunity to respond, or to resolve minor clerical errors.

Evaluation Criteria Contractor Past Performance - Project Recency and Relevancy

The SSEB will evaluate the Project Recency and Relevancy based on the information provided by the contractor from Exhibit A and Exhibit B. The SSEB will use the ratings below to determine the relevancy rating of each of the submitted projects.

Evaluation Criteria Contractor Past Performance - Confidence

The SSEB will evaluate the degree of successful completion of the recent and relevant past performance identified in the proposal in response to Volume I, Section 2, Past Performance, for the prime contractor past performance along with the designated team of subcontractors. Documentation of satisfactory performance of projects similar in size, scope, and dollar value will be considered to have met the minimum requirements of the RFP. Projects that are not determined similar in size, scope and dollar value may not be considered. The Government reserves the right to check any or all cited references to verify supplied information and to assess owner satisfaction as to quality, schedule, cost and management. The Government may also use other tools such as CPARS, Vet Biz, Dunn & Bradstreet, Federal Awardee Performance and Integrity Information System (FAPIIS), 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. This information shall be submitted for this procurement using Exhibit E, Past Performance Questionnaire, transmitted via Exhibit D, Sample Transmittal Letter and past Performance Evaluation Questionnaire.

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.

5.1.3 Volume II - Price Information

5.1.3.1 The offeror shall complete and submit Standard Form 1442. The offeror shall submit a price based on the line items. Note; If discussions or negotiations occur, the Government may require additional cost information.

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

b. In the event a minor clerical error has occurred, then the offeror may be given an opportunity to correct the minor error within the constraints of the “clarifications” process or the Contracting Officer determines discussions are required.

5.1.3.2 Evaluation Criteria

The price will be evaluated by the Contracting Officer and may also include an Architect and Engineer firm representative review for reasonableness.

5.1.3.3.Discussions Government intends to make award to a responsible Offeror submitting a conforming proposal without discussions if deemed to be in the best interest of the Government.

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 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:

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

(End of Provision)

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

(a) Definitions. "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, other than designated country construction material, 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.

(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, and the offeror shall be required to furnish such domestic or designated country 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 52.233-2 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:

Paul Bosak

Hand-Carried Address:

Erie VA Medical Center

Building 6, Room 108-6 135 East 38th St Erie, PA 16504 Mailing Address:

Erie VA Medical Center Building 6, Mail Stop C90

135 East 38th Street Erie, PA 16504

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

(End of Provision)

2.7 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— June 30, 2020 at 10:00 AM

(c) Participants will meet at— Bldg 6 Conference room (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/

(End of Provision)

2.9 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)

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

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

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

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

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

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

(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 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 (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…