S02 Solicitation 36C24421R0089 08-03-21.docx

36C24421R0089

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.

36C24421R0089

X 08-03-2021

595-22-1-5482-0001

595-22-105 00244 Department of Veterans Affairs Network Contracting Office 4

See attached delivery schedule

Don Kalivoda donald.kalivoda@va.gov Replace Automatic Transfer Switches - Design Build

This is a design build solicitation under FAR Part 36.301. All qualified offerors may submit for Phase I. After Phase I evaluation is completed, the Government will notify only the top offerors via email with instruction for Phase II submission; however, Phase II information is also included in this solicitation. Non- Selected Phase I offerors shall be notified that their offer was not selected for the Phase II of the solicitation.

This project is being solicited as a 100% Service Disable Veteran Owned Small Business (SDVOSB) set aside. The North American Industry Classification System (NAICS) code is 236220. The Size Standard is $39.5 Million.

The Disclosure of Magnitude of Construction Projects is between $250,000.00 and $500,000.00

Wage Determination PA 20210093 dated 07/23/2021 and Service Contract Act Wage Determination 2015-4231 dated 07/21/2021 applies to this solicitation and any resultant contract. The Contractor shall be responsible for the correct title and classification of workers and compliance with applicable wage and hour laws.

The attached Records Management Language for Contracts shall be part of this solicitation and any resultant award.

X X

52.211-10 X

2:00 pm

EST

09-02-2021 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF 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

Table of Contents

PRICE/COST SCHEDULE

ITEM INFORMATION

ACCOUNTING AND APPROPRIATION DATA

A.3 DELIVERY SCHEDULE

001 Replace Automatic Transfer Switches 1 310 days after NTP

Page 1 of Page 1 of

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

(a) 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 36C24421R0089. By registering at SAM, prime contractors, suppliers and subcontractors will have access to download Scope of Work, solicitation and amendments

(b) PHASE II ONLY shall submit a Bid Guarantee. This is only required for the Phase II part of 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 on 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.

(c) The bidder to whom award is made will be required to furnish two (2) bonds, a Payment Bond to be executed on the SF 25A and a Performance Bond to be executed on the proper SF 25, each in the penal sum as noted in the General Conditions of the Specification. Copies of the SF 25 and SF 25A can be obtained upon application to the issuing office

(d) Disclosure of the magnitude of construction: Between $250,000 and $500,000.00.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

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 design and construction services in accordance with the Statement of Work (SOW) for the Replace Automatic Transfer Switches – Design-Build project, 36C24421R0089.

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. 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.

1.3 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.

The Phase II Request for Proposal (RFP) , in the form of an amendment to this original solicitation, 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, technical qualifications and past performance 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.

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.

PHASE I PROPOSAL SUBMITTAL – OPEN TO ALL OFFERORS

2.3 Phase I of the Request for Proposal is open to ALL Offerors. All proposals shall be submitted in binders with a table of contents and tabbed with section dividers. The Phase I proposal shall address the evaluation factors listed below:

Offerors shall submit three (3) hardcopy binders along with one (1) compact disc (CD) containing all the information for Phase I submittal. Failure to place the required submission information under the appropriate tab (factor or subfactor) may result in a lower rating if the evaluators cannot readily find the appropriate information.

2.4 Phase I proposals shall be received by September 02, 2021 by 2:00 pm Local Time. 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 - three (3) hard copies and one CD shall be submitted to:

Erie VA Medical Center Attn: Donald Kalivoda – Building 6 135 E. 38th St Erie, PA 16504

2.6. Phase I Proposal Evaluation Process .

2.6.1 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.

2.6.2 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.

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

2.6.2.2 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.

2.6.2.3 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.

2.6.3 Phase I Evaluation Factors

2.6.3.1 Evaluation Factor 1 – Technical Approach:

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.

2.6.3.2 Evaluation Factor 2 – Technical Qualifications:

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.

2.6.3.2A Subfactor: 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. This may include general renovation of medical center space to include architectural changes of walls, ceiling, floors, finishes, masonry, doorways including hardware, plumbing including storm sewer, sanitary, hot and cold water, heating, ventilation, air conditioning (HVAC), primary and secondary electrical circuits, digital controls, fire protection to include sprinkler system, central fire and security alarms, audio paging systems, asbestos abatement and all work to return space to finished, functioning condition. Experience providing drawing in 3D.

2.6.3.2B Subfactor: Capability to Perform 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.

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

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).

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

The offeror shall provide adequate detail on the offeror’s policy with regard to 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

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?

2.6.3.3 Evaluation Factor 3 – Past Performance:

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.

PHASE II PROPOSAL SUBMITTAL – This submittal is ONLY open to the offerors that the Government has issued an amendment for Design Concepts, Management Approach, Schedule, and Pricing information.

3.1 Part II of the Request for Proposal is open only to the offerors that the Government provides an amendment to. The top three or four offerors shall supply the information listed below. Proposals for Part II shall be submitted in two (2) separate binders with a table of contents and tabbed with section dividers. The Phase II proposal shall address the evaluation factors listed below:

Offerors shall submit three (3) hardcopy binders along with one (1) compact disc (CD) containing all the information for Phase II Factor 1, Factor 2, and Factor 3. Binders must state Phase II Proposal Submittal information. Failure to place the required submission information under the appropriate tab (factor or subfactor) may result in a lower rating if the evaluators cannot readily find the appropriate information.

In a separate binder the offeror shall submit one (1) hard copy and all information on a compact disc (CD) for Factor 4 – Price. Offerors can use the CD provided for Factor 1, 2 and 3 above to provide all the information for the pricing portion of the proposal.

3.2 All proposals - three (3) hard copies and one CD for Phase II Factor 1, 2, and 3 and one (1) hard copy of Phase II Pricing (with electronic information on the CD) shall be submitted to:

Erie VA Medical Center Attn: Donald Kalivoda – Building 6 135 E. 38th St Erie, PA 16504

3.3. Phase II Proposal Evaluation Process

3.3.1 The evaluation process for Phase II consists of three (3) non-priced Factors and one (1) priced Factor: Technical Approach, Technical Qualifications (Specialized Experience and Capability to Perform) and Past Performance. Proposals will be evaluated these factor and criteria identified below.

3.3.1.1 The Design Concepts, Management Approach and Schedule factors are all equal to each other and when combined are more important than Price.

3.3.1.2 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.

3.3.1.3 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.

3.3.2 Volume #1 - Phase II Evaluation Factors

3.3.2.1 Evaluation Factor 1 – Design Concepts:

This factor evaluates the offers schematic design based on functional layout of the Automatic Transfer Switches in design. Offeror shall provide a schematic showing the overall layout making any potential layout changes to the current set-up and provide narrative to support the offeror’s design concept. Offeror shall address phasing to allow operations to continue during the construction and must work within budget so allow for the VA to continue operations at minimal interference.

3.3.2.2 Evaluation Factor 2 – Management Approach:

This factor evaluates the individual experience of persons that are to be assigned to this project. The offeror shall provide information (resume) for personnel in the following functions as a minimum (offeror to provide any additional discipline it feels appropriate) —Project Management, site superintendence, quality control manager, infection and safety, as well as a list of major subcontractors. Offeror shall provide resumes of the individuals for the Design Engineering firm that offeror will be using that will be generating the design documents necessary for construction. The offeror shall provide a listing of projects, with a brief description of the projects, where the Offeror and the Design Engineering firm personnel worked together as a team on previous Design-Build projects

3.3.2.3 Evaluation Factor 3 – Schedule:

This factor evaluates the Offeror’s methodology of the scheduling processes that ensure completion and control of the project from the beginning to the end of the project. The detailed schedule provides the SSEB the extent to which the offeror demonstrates a clear understanding of the architectural and engineering requirements for the construction period and general project delivery. Offeror’s Schedule shall indicate all elements of the design and construction timeline, from notice to proceed (NTP) (in order to establish a common baseline among all offerors) to contract completion, including but not limited to site investigation for design, design meetings, design submittals, preconstruction meetings, material submittals, mobilization, demolition, material lead times, utility installations, abatement (if required), testing, training, commissioning, construction and post-construction submittals, close-out.

3.4 Volume #2 - Price Information:

3.4.1 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. Offerors shall sign and submit all amendments to the solicitation. Please be advised that the Government intends award a contract from Phase II proposals without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary

3.4.2 The offeror shall complete and submit Exhibit B Calculation of Self-Performed Work.

3.4.3 Bid Bond – Phase II only. Offerors shall submit a Bid Guarantee. 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 on 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.

3.4.4 Annual Representation and Certifications shall be completed by offeror.

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

3.4.6 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.

4.0 Evaluation Criteria

The price will be evaluated by the Contracting Officer for reasonableness by using price analysis. The Contracting Officer shall perform the Best Value Tradeoff using the evaluation factors along with price.

5.0 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. The Government reserves the right to clarify certain aspects of proposals or conduct discussions providing an opportunity for the offeror to revise its proposal.

The Government reserves the right to reject any or all proposals at any time prior to award and to award the contract to other than the offeror submitting the lowest total price.

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 Lebanon County

(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:

Donald Kalivoda

Hand-Carried Address:

Erie VA Medical Center Building 6 - Room 108-6 135 East 38th Street Erie, PA 16504

Mailing Address:

Erie VA Medical Center Attn: Donald Kalivoda Bldg. 6 135 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)

2.8 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— To Be Determined at a later date

(c) Participants will meet at—

(End of Provision) 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)

2.9 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)

2.10 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)

REPRESENTATIONS AND CERTIFICATIONS

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