Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF FEBRUARY 18, 2017 FBO #5566
DOCUMENT

B -- Expert Delay Analysis and Delay Claim Analysis - Attachment

Notice Date

2/16/2017
 

Notice Type

Attachment
 

NAICS

541990 — All Other Professional, Scientific, and Technical Services
 

Contracting Office

Department of Veterans Affairs;Network Contracting Office 2;James J. Peters VA Medical Center;130 West Kingsbridge Road;Bronx NY 10468-3904
 

ZIP Code

10468-3904
 

Solicitation Number

VA24217N0334
 

Response Due

2/20/2017
 

Archive Date

4/21/2017
 

Point of Contact

Joseph Ercole
 

Small Business Set-Aside

Service-Disabled Veteran-Owned Small Business
 

Description

THIS SOURCES SOUGHT ANNOUNCEMENT IS NOT A REQUEST FOR PROPOSAL. THE GOVERNMENT WILL NOT PAY NOR REIMBURSE ANY COSTS ASSOCIATED WITH RESPONDING TO THIS REQUEST. THE GOVERNMENT IS UNDER NO OBLIGATION TO AWARD A CONTRACT AS A RESULT OF THIS ANNOUNCEMENT. VA MC NORTHPORT NY IS SEEKING POTENTIAL SOURCES FOR EXPERT DELAY ANALYSIS AND DELAY CLAIM ANALYSIS SERVICES - VA NOTICE OF SOURCES SOUGHT IS SET ASIDE FOR SERVICE DISABLED VETERAN OWNED SMALL BUSINESS AND SEEKING VETERAN OWNED SMALL BUSINESS. Qualified responders/offerors shall be experienced in delay analysis and delay claim analysis and shall display capability of said services. Submission of interest shall include the required items A and B listed below, in sufficient detail for the VA to determine organization possesses the necessary expertise and experience to compete for this acquisition. Being a Sources Sought Announcement, no evaluation letters will be issued to responders/offerors. The due date for response with submission of item A and B below is 11:59 PM ET on Monday February 20, 2017. NAICS: 541990 SERVICE DISABLED VETERAN OWNED SMALL BUSINESS SIZE STANDARD: $7.5 Million dollars. Secondarily, VETERAN OWNED SMALL BUSINESS SIZE STANDARD: $7.5 Million dollars. PROJECT TITLE: Expert Delay Claim Analysis services for a construction services projects at VAMC Northport NY. This announcement has a deadline response date of February 20, 2017 11:59PM ET, response to: Joseph Ercole, Contracting Officer, via only email response with capability, will be accepted by February 20, 2017 11:59PM ET to: joseph.ercole@va.gov. Through this Sources Sought the U.S. Department of Veterans Affairs is seeking a qualified Expert Delay Claim Analysis and all related information and support, as listed in the below Statement of Work, for the following project: Information on 3 Construction Contracts for this Analysis: 1. Renovation of offices and new HVAC, construction contract original value award (Magnitude of Construction contract awarded) of $985,000.00 and project duration of 270 calendar days; includes eight (8) Change Orders, for a total increase in contract price $62,257.66, and includes bi-lateral signed time extensions. Construction contractor s work shall be in full accordance with architect and engineer drawings and specifications. 2. Replace windows, construction contract original value award (Magnitude of Construction contract awarded) of $1,330,000.00 and project duration of 360 calendar days; includes two (2) Change Orders, for a total increase in contract price $2,150., and includes bi-lateral signed time extensions. Construction contractor s work shall be in full accordance with architect and engineer drawings and specifications. 3. Construct Roof Top Recreation Area, construction contract original value award (Magnitude of Construction contract awarded) of $1,115,000.00 and project duration of 280 calendar days; includes five (5) Change Orders, for no total increase in contract price $0, and includes bi-lateral signed time extensions, and suspensions of work. Construction contractor s work shall be in full accordance with architect and engineer drawings and specifications. This Expert Delay Analysis and Delay Claim Analysis services requirement is being procured in accordance with FAR and VAAR. Applicable NAICS code is 541990 and SDVO small business size standard of $7.5 Million, secondarily VO small business size standard of &7.5 million. This is a 100% Service Disable Veteran Owned Small Business Set Aside. Secondarily, seeking Veteran Owned Small Business responses of interest. The anticipated award date of the proposed A-E Contract is on or before March 30, 2017. Potential contractors must be registered in SAM (www.sam.gov) and visible/certified in Vet Biz (www.vetbiz.gov) at time of submission of their qualifications in order to be considered for an award. As a prospective offeror or bidder for this Service Disable Veteran Owned Small Business (SDVOSB) set aside, you are verifying your company meets the status requirements of a SDVOSB concern as established by 38 CFR Part 74. Secondarily, as a prospective offeror or bidder as a Veteran Owned Small Business (VOSB), you are verifying your company meets the status requirements of a VOSB concern as established by 38 CFR Part 74. NOTE - Offerors are referred to VAAR Clause 852.219-11(c)(1): Services (except construction) at least 50 percent of personnel for contract performance will be spent for employees of the concern or employees of other eligible veteran-owned small business concerns. In order to assure compliance with this clause, all responders to this announcement are required to indicate what percentage of the cost of contract performance will be expended by the concerns employees and in which discipline(s) and percentage of cost of contract performance to be expended (and in what disciplines) by any other subcontracted or otherwise used small or large business entity(s). Any subcontracted or otherwise business entity(s) used must be identified by name, office location and size/type of business (i.e. SDVOSB, VOSB, 8(a), large, etc). LOCATION OF PROJECT This service is for Expert Delay Analysis and Delay Claim Analysis services of a construction services project, three projects as described above, located at VA Medical Center Northport NY, 79 Middleville Rd. Northport, NY 11768. SCOPE OF SERVICES REQUIRED / SCOPE OF WORK / STATEMENT OF WORK (SOW) EXPERT DELAY ANALYSIS AND DELAY CLAIM ANALYSIS SERVICES 1. GENERAL The period of performance shall not exceed 360 days from date of award. The primary purpose of this SOW is for the retention of subject matter expert delay claims analysis services for U.S. Department of Veterans Affairs (VA) pending litigation and mediation currently before the Civilian Board of Contract Appeals (CBCA). Any and all work to be performed shall be on behalf of U.S. Department of Veterans Affairs (VA) through Contracting Officer and VA Counsel and it is intended that legal privilege shall attach to all expert communications and work product. A non-disclosure memo is required for all contractor staff assigned to this service contract. Information on 3 Construction Contracts for this Analysis: 1. Renovation of offices and new HVAC, construction contract original value award (Magnitude of Construction contract awarded) of $985,000.00 and project duration of 270 calendar days; includes eight (8) Change Orders, for a total increase in contract price $62,257.66, and includes bi-lateral signed time extensions. Construction contractor s work shall be in full accordance with architect and engineer drawings and specifications. 2. Replace windows, construction contract original value award (Magnitude of Construction contract awarded) of $1,330,000.00 and project duration of 360 calendar days; includes two (2) Change Orders, for a total increase in contract price $2,150., and includes bi-lateral signed time extensions. Construction contractor s work shall be in full accordance with architect and engineer drawings and specifications. 3. Construct Roof Top Recreation Area, construction contract original value award (Magnitude of Construction contract awarded) of $1,115,000.00 and project duration of 280 calendar days; includes five (5) Change Orders, for no total increase in contract price $0, and includes bi-lateral signed time extensions, and suspensions of work. Construction contractor s work shall be in full accordance with architect and engineer drawings and specifications. 1.1 This is a project to provide professional delay claims analysis and other services in support of the aforementioned mediation and litigation. 1.2 Delay claims analysis services are to provide all reports, clarifications, estimates, rebuttals, meeting attendance, investigations, clerical tracking, and overall engineering verbal and written expertise in regard to the subject project allocations, and in accordance with this SOW. 1.3 All comments, considerations, and delay claims analysis services provided shall conform to the VA specifications and Contract terms and conditions. 1.4 The Government Contracting Officer Representative (COR) for this project will be assigned upon award of this contract. All visits, on-site or virtual, and work shall be coordinated through the representative. 1.5 Any professional or third party input provided in the course of these services that may conflict with the given contract, specifications, standards shall be clarified and/or resolved by the Contracting Officer Representative (COR) or through VA Counsel. 1.6 The contracted firm shall be responsible for tracking and managing hours and site visits. Hours expended shall be reported to the COR and VA Counsel via e-mail on a weekly basis. 2. INVESTIGATION & ANALYSIS 2.1 Specifically, the Government requires the Contractor s expertise in determining the following: (1) is the Contactor s alleged delay claim(s) legitimate and supported by the evidence presented by the appellant? (2) What is the potential liability attributable to the Government, Contractor, and Surety, if any? (3) The value of any Government overpayment, if applicable. 2.2 The contracted firm shall perform all necessary investigative work to facilitate a clarification, response, or dissertation needed by VA during the on-going defense of these matters. 2.3 The contracted firm shall perform all background drawing, material, code, and reference review required to provide all services as outlined. The contracted firm must be an expert in Eichleay damages analysis. The contracted firm will be expected to negotiate in good faith with Appellant s claims experts in order to reach a clear understanding of or consensus on the issues. 2.4 If required, the contracted firm shall perform all necessary on-site visits to perform investigative services as outlined. 2.5 The Contractor shall provide a final report of its findings to VA Counsel within 30 days after the report is ordered. (The report will be ordered after Contractor has verbally presented its preliminary findings to VA and VA Counsel.) Preliminary findings are due 25 days after contract is awarded. 3. MEETINGS & HEARING & (Optional Services Items 1001 through 1006) 3.1 The contracted firm shall attend the mediation which is anticipated to occur in the late May/June 2016. 3.2 The contracted firm shall attend all planning strategy meetings with VA. 3.3 The contracted firm shall perform all necessary meeting trips. All expenses for trips shall be in accordance with federal travel regulations and approved in advance by the contracting officer. 3.4 The contracted firm shall gather and provide all documentation needed to attend meetings and respond to issues. 3.5 The contracted firm shall engage in discussions with Appellant s experts to attempt to reach common ground on the factual issues involved in the claims. 3.6 The contracted firm shall manage all meeting questions relevant to consulting services by tracking all questions and responses numerically and dated in an electronic document for VA review. 3.7 All responses and clarifications shall be provided within five (5) working days. The COR or VA Counsel may approve longer response times upon request. ITEM NUMBER DESCRIPTION OF OPTIONAL SERVICES 1001 Construction Claims Analysis Services (Optional Services) 1-Assist VA personnel in the discovery process, including assisting VA with document searches, production of documents and depositions 1002 Construction Claims Analysis Services (Optional Services) Update the written report, incorporating all new documents obtained by the VA discovery 1003 Construction Claims Analysis Services (Optional Services) Provide support to the VA in negotiations, Alternate Dispute Resolution (ADR) Proceedings, or hearings at the CBCA. 1004 Construction Claims Analysis Services (Optional Services) Serve as an Expert Witness at a Hearing 1005 Travel (Non-Priced CLIN) (Optional Services) IAW SOW & Federal Travel Regulations 1006 Key Personnel (Optional Services) as identified in Scope Of Work, Section 5.0 4. DOCUMENTS/DELIVERABLES 4.1 All communications, including documents and emails must be addressed to: Counsel for Department of Veterans Affairs All documents and emails as sent to OGC shall be copied to VA Contracting Officer. 4.2 All communications must be marked as confidential and privileged. Emails shall have this notation in the subject line. 4.3 The Contractor shall provide a report of its findings to VA Counsel as detailed above in 2.1. 4.4 All expended hours must be accounted for and presented via email to the COR and to VA Counsel upon completion. 4.5 Daily supporting logs must be provided weekly to capture any site visit information and support expended hours. 4.6 Pictures must be numbered sequentially if provided in a report or referenced cited per site visit. General pictures may be dated and provided on DVD or CD. Be advised that photos and video activities on a VA campus must be approved, in advance, by the VA due to patient privacy concerns. 4.7 Background or supporting documents must be numbered sequentially if provided in a report or referenced in a written response. 4.8 All questions, inquiries, and responses relevant to the consulting services must be numbered sequentially and tracked electronically. 5.0 Contractor Personnel: Contractor to designate whether there are key personnel, by labor category, for this work. Contractor shall provide qualified personnel to perform all requirements specified, and have credentials with experience in the relevant field required. Contractor must identify a Program Manager (PM) to provide centralized administration of work, as a single Point of Contact (POC) for the VA. The Program Manager is further designated as Key Personnel. As a Key Personnel, contractor shall not replace Program Manager without prior approval of VA. An Assistant Program Manager (APM) shall be designated by contractor at the time the PM is designated. PM vacation days shall be known to VA 2 weeks in advance, and sick days in as much advance notice as possible, however the PM or APM shall be available on a daily basis, and shall appear if necessary, on behalf of VA (prior notice shall be provided by VA to PM or APM). Typical work days are Monday to Friday, 8:00 AM ET to 5:00 PM ET, excluding Federal holidays. 6.0 Before commencing work on specific deliverables, the Contractor shall provide a cost estimate for the deliverable per below. Each deliverable shall only be undertaken per the written direction of the Contracting Officer or his/her designee. Most services will be provided at the contractor s location, however there may be situations when travel to the VA Medical center or another location as required in support of mediation and/or litigation. Advance notice will be provided. 1. Meetings & Hearing Attendance Contractor must provide a price estimate prior to attendance at any meetings with a discipline breakdown according to the levels of staff that may be needed for this requirement. 2. Travel Estimate If required, to VA Northport, NY. If required, to Washington DC. If required, to another location as to be determined. Travel required by VA outside the contractor s local commuting area (outside 50 miles from Contractor s offices) will be reimbursed to the Contractor in accordance with the Federal Travel regulations (FTR) and on a total cost basis. Travel must be quoted according to acceptable Federal Government Per Diem rates. These rates can be found by city and state at http://www.gsa.gov/portal/content/104877. Contractor is responsible for obtaining written approval in advance from VA CO before travel. Relocation and associated costs will not be reimbursed. VA will not, as a direct charge, reimburse contractor for local travel or parking for work performed within 50 miles of the contractor s offices. All travel documentation as required under the Federal Travel regulations (FTR) must be submitted with invoices under which the travel is billed. The awarded contract is a labor hour contract with standard Federal Government Terms and Conditions that are in accordance the Federal Acquisition Regulation. All documents and materials provided to the contractor by the Government, are Government property and shall be returned to the Government. CONTRACT SECURITY This contract does not involve VA sensitive information and contractor personnel do not require access to VA systems. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of VA. TYPE OF CONTRACT CONTEMPLATED The Department of Veterans Affairs is contemplating awarding a firm fixed price contract. ESTIMATED START AND COMPLETION DATES The Department of Veterans Affairs requires services begin as soon as possible. Number of calendar days to complete analysis and report to VA is no more than 30 days, with retention for support services beyond 30 days. LIMITATIONS VA Notice of Total Veteran Owned Small Business Definition For the U.S. Department of Veterans Affairs, Veteran Owned Small Business Concern (1) 1) Means a small business concern (i) Not less than 51 percent of which is owned by one or more veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; (ii) The management and daily business operations of which are controlled by one or more veterans; (iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document; and (iv) The business has been verified for ownership and control and is so listed in the Vendor Information Pages database, (http://www.VetBiz.gov). (2) Veteran is defined in 38 U.S.C. 101(2). (b) General. (1) Offers are solicited only from veteran-owned small business concerns. All service-disabled veteran-owned small businesses are also determined to be veteran owned small businesses if they meet the criteria identified in paragraph (a)(1) of this section. Offers received from concerns that are not veteran-owned small business concerns shall not be considered. (2) Any award resulting from this solicitation shall be made to a veteran-owned small business concern. (c) Agreement. A veteran-owned small business concern agrees that in the performance of the contract, in the case of a contract for (1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other eligible veteran-owned small business concerns; (2) Supplies (other than acquisition from a non-manufacturer of the supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other eligible veteran-owned small business concerns; (3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern s employees or the employees of other eligible veteran-owned small business concerns; or (4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern s employees or the employees of other eligible veteran-owned small business concerns. (d) A joint venture may be considered a veteran-owned small business concern if: (1) At least one member of the joint venture is a veteran-owned small business concern, and makes the following representations: That it is a veteran-owned small business concern, and that it is a small business concern under the NAICS code assigned to the procurement; (2) Each other concern is small under the size standard corresponding to the NAICS code assigned to the procurement; (3) The joint venture meets the requirements of paragraph 7 of the explanation of Affiliates in 19.101 of the Federal Acquisition Regulation; and (4) The joint venture meets the requirements of 13 CFR 125.15(b), except that the principal company may be a veteran-owned small business concern or a service-disabled veteran-owned small business concern. (e) Any veteran-owned small business concern (non-manufacturer) must meet the requirements in 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program. SUBMISSION REQUIREMENTS Qualified Service Disable Veteran Owned Small Business AND Qualified Veteran Owned Small Business are required to submit in any written form capability, experience, and expertise, displaying delay analysis and delay claim analysis services. Submission of interest shall include the required items A and B listed below, in sufficient detail for the VA to determine organization possesses the necessary expertise and experience to compete for this acquisition. Written information shall be submitted to joseph.ercole@va.gov no later than February 20, 2017 11:59 PM ET. Response must be sent to the attention of VA Contracting Officer, Joseph Ercole, VA Medical Center Northport, via email to: joseph.ercole@va.gov Submission response must include Items A and B as follows: A. Any written format of capability, experience, and expertise, with proof of previous work, displaying delay analysis and delay claim analysis services. Submission of interest shall include sufficient detail for the VA to determine organization possesses the necessary expertise and experience to compete for this acquisition. B. Insert detailing the following information: 1. Dun & Bradstreet Number; 2. Tax ID Number; 3. The e-mail address and phone number of the Primary Point of Contact and; 4. A copy of the office CVE verification as a Veteran Owned Small Business or Service Disabled Veteran Owned Small Business; VetBiz proof of seal. The Contracting Officer is not responsible for not receiving submissions due to the offeror misaddressing or mistyping email address or illegibility of the information or failure to deliver by deadline. All responders will receive an acknowledgment response from Joseph Ercole, Contracting Officer, of receipt only, however being a Sources Sought Announcement, no evaluation letters will be issued to responders/offerors. NOTE: Any questions or request for assistance with submission or other procedural matters shall be submitted via email only to joseph.ercole@va.gov Telephone inquiries will not be honored to maintain integrity of the process and provide fair and equal treatment of prospective responders. THIS ANNOUNCEMENT IS NOT A REQUEST FOR PROPOSAL. THE GOVERNMENT WILL NOT PAY NOR REIMBURSE ANY COSTS ASSOCIATED WITH RESPONDING TO THIS REQUEST. THE GOVERNMENT IS UNDER NO OBLIGATION TO AWARD A CONTRACT AS A RESULT OF THIS ANNOUNCEMENT. -END-
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/VA/BroVANAP/VAMD/VA24217N0334/listing.html)
 

Document(s)

Attachment
 

File Name: VA242-17-N-0334 VA242-17-N-0334_1.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=3283814&FileName=VA242-17-N-0334-002.docx)

Link: https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=3283814&FileName=VA242-17-N-0334-002.docx

 

Note: If links are broken, refer to Point of Contact above or contact the FBO Help Desk at 877-472-3779.
 

Place of Performance

Address: U.S. Department of Veterans Affairs;VA Medical Center Northport NY;79 Middleville Rd.;Northport, NY

Zip Code: 11768
 

Record

SN04404847-W 20170218/170216234235-81c3a6c45b591ee574d9314d2455aea1 (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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