STATEMENT OF WORK Department of Veterans Affairs Minneapolis VA Medical Center 1 Veterans Drive Minneapolis MN 55417 EXPERT DELAY CLAIMS/REA ANALYSIS SERVICES/ PLUBMING EXPERT GENERAL This announcement is an Intent to Sole Source in accordance with FAR 6.302-3Â gives authority to execute agencies to use other than competitive procedures for sole source awards to acquire the services of an expert or neutral person for any current or anticipated litigation or dispute. It is for information and planning purposes only and shall not be construed as a solicitation or as an obligation on the part of the Department of Veterans Affairs (VA). The Veterans Health Administration (VHA) Program Contracting Activity (PCAC) intends to negotiate on a sole-source basis with Berkeley Research Group, LLC., a large business, to provide expert consulting services for a contract at the Minneapolis VA Medical Center (VAMC). The base 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 for schedule and delay claims analysis for litigation and mediation for at the Minneapolis VA Medical Center (MVAMC) located at 1 Veterans Drive, Minneapolis, MN 55417. Any, and all work to be performed shall be on behalf of Minneapolis VAMC through its 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 contract. This is a project to provide professional REA/claims analysis and other services in support of current litigation and mediation related to a project at MVAMC. REA/claims analysis services are to provide all reports, clarifications, estimates, rebuttals, meeting attendance, investigations, clerical tracking, and overall engineering verbal and written expertise regarding the subject project allocations, and in accordance with this SOW. All comments, considerations, and REA/claims analysis services provided shall conform to the VA specifications and Contract terms and conditions. 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. 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. 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. 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 s allocations, and in accordance with this SOW. INVESTIGATION & ANALYSIS Specifically, the Government requires the Contractor s expertise in determining the following: (1) Is the Contactor s assertion as listed legitimate and supported by the evidence presented? (2) What is the potential liability attributable to the Government, and to the Contractor if any? 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 this matter. The contracted firm shall perform all background drawing, material, code, and reference review required to provide all services as outlined. 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. If required, the contracted firm shall perform all necessary on-site visits to perform investigative services as outlined. The Contractor shall provide a final report of its findings to the VA within 45 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 30 days after VA provides the Contractor with a notice to proceed. MEETINGS & HEARINGS The contracted firm shall gather and provide all documentation needed to attend meetings and respond to issues. 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. All responses and clarifications shall be provided within five (5) working days. The COR or VA Counsel may approve longer response times upon request. If required, the contracted firm shall attend the mediation which could be held at Minneapolis VA Medical Center located at 1 Veterans Drive, Minneapolis, MN 55417 or by using Zoom videoconference. All expenses for trips shall be in accordance with federal travel regulations and approved in advance by the contracting officer. The contracted firm shall attend all planning strategy meetings with VA. All expenses for trips shall be in accordance with federal travel regulations and approved in advance by the contracting officer. The contracted firm shall engage in discussions with Appellant s experts to attempt to reach common ground on the factual issues involved. DOCUMENTS/DELIVERABLES All communications, including documents must be addressed to: David Fagan Trial Attorney Office of General Counsel Department of Veterans Affairs 100 SW Main Street, Floor 2 Portland, OR 97202
[email protected] In addition to OGC above, a courtesy copy of all documents and emails shall be sent to the following: Rosella Torcaso Contracting Officer 6150 Oak Tree Blvd., Suite 300 Independence, OH 44131
[email protected] Alternatively, communications and delivery of documents via e-mail is acceptable. Contracting Officer e-mail address is
[email protected] All communications must be marked as confidential and privileged. Emails shall have this notation in the subject line. The Contractor shall provide a report of its findings to the VA as detailed above in 2.5. All expended hours must be accounted for and presented via email to the COR and to VA Counsel upon completion. Daily supporting logs must be provided weekly to capture any site visit information and support expended hours. Background or supporting documents must be numbered sequentially if provided in a report or referenced in a written response. All questions, inquiries, and responses relevant to the consulting services must be numbered sequentially and tracked electronically. 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. 1. Meetings and/or 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 Minneapolis, MN if required or Washington D.C. if required IAW the SOW and proposal as approved by the Contracting Officer 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. 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 are Government property and shall be returned to the Government upon completion of the civil matter. Deliverables: The following are formal deliverables required by contract: 1. Draft expert analysis 2. Final expert analysis 3. Rebuttal expert analysis Informal deliverables may include expert opinion on specific issues through conference calls and emails. REQUIRMENTS/ Performance Standards Site Specific Requirements for Expert Witnesses a) Contractor shall provide an expert who possesses at least ten (10) years experience testifying before Federal or State Courts or Boards, having been qualified and accepted as a testifying trial expert. Specifically, with a minimum of at least one trial on a Federal construction contract. Such experience shall also include participation in as a trial expert in depositions and providing and reviewing expert trial depositions. The Daubert standard is the set of criteria used to determine the admissibility of expert witness testimony in federal court. Under the Daubert standard, the trial judge serves as the gatekeeper who determines whether an expert's evidence is deemed reputable and relevant. GENERAL REQUIREMENTS a) Contractor s staff should have no less than ten (10) years experience providing technical expertise on interior hospital renovations, or federal building renovations. b) Contractor s staff shall have no less than five (5) years experience analyzing and reviewing Federal claims containing Eichleay calculations. CPM schedule analysis and methodology in Federal construction contracts. c) Specifically, the Government requires the Contractor s expertise in determining the following: a. Whether the Contactor s appeal and complaint legitimate and supported by the evidence presented by the appellant? b. What is the potential liability attributable to the Government, Contractor, and Surety, if any? c. The value of any Government overpayment, if applicable. d) The Contractor shall perform all necessary investigative work to facilitate a clarification, response, or dissertation needed by VA during the on-going defense of these matters. e) The Contractor shall review all project documents, specifications, drawings, emails, as well as the Government s Rule 4 File, Appellant s Supplemental Rule 4 file and any additional documents that become a part of the record of these proceedings. Contractor shall also perform all background drawing, material, code, and reference review required to provide all services as outlined. The Contractor shall be expected to participate in mediation and to provide technical review, analysis, and expertise that shall be used to support the Government s position and to participate in good faith negotiations related to the projects with Appellant s trial experts to reach a clear understanding of or consensus on the issues. f) The Contractor shall perform all necessary on-site visits to perform investigative services as requested during the performance period. g) Contractor shall meet with the AE design team of record for each defaulted contract and conduct land surveys. h) Preliminary findings are due 25 days after conducted. A final report shall be provided to VA Counsel no less than 30 days after the report is ordered. Government shall provide all necessary copying and printing of all reports and documentation provided by Contractor. i) An option to provide analysis and review services for a termination for convenience and review of proposed settlement of same for each defaulted contract, if determined to during the period of performance. Termination is exercisable at any time during the base period and once exercised it has a period of performance of 12 months. j) Meetings and Hearings a. Contractor shall attend a kickoff meeting within two weeks of contract award at Minneapolis VA Medical Center. b. The Contractor shall attend the mediation. c. The Contractor shall attend all planning strategy meetings with VA. d. The Contractor 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. e. The Contractor shall gather and provide all documentation needed to attend meetings and respond to issues. f. The Contractor shall engage in discussions, alongside VA Counsel, Contracting, and Engineering staff, with Appellant s experts to attempt to reach common ground on the factual issues involved in the claims. g. The Contractor 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. h. All responses and clarifications shall be provided within five (5) business days. The COR or VA Counsel may approve longer response times upon request. KEY PERSONNEL The contractor shall assign to this project a Claims Consultant/Expert, possessing the following experience: Experience in construction with a minimum of a Bachelor s Degree in Engineering, Architecture, or related field. Licensure as Professional Engineer or Architect, preferably in the State of Minnesota, but not required. Must possess a minimum of 5 years of experience in providing, interpreting, and analyzing claims related to the subject litigation. Must possess a minimum of 5 years of experience in litigation support and in serving as an expert in litigation involving related claims. Must possess specific experience in VA contract disputes. The contractor agrees to provide a list of key personnel proposed. Accordingly, the Contractor agrees to assign to this project those key persons whose resumes were submitted with the proposal. No substitutions shall be made without prior notification to and concurrence of the Contracting Officer. Any/all proposed substitutes shall meet or exceed the qualifications of the person(s) to be replaced. The Contracting Officer shall be notified in writing of any proposed substitutions. Such notifications shall include: (1) an explanation of the circumstances necessitating the substitution; (2) a complete resume of the proposed substitute; and (3) any other information requested by the contracting officer to determine whether the proposed substitute is acceptable. The Government is not prescribing the number of personnel, number of hours or staffing member for accomplishing the tasks as outlined herein. The Government is however prescribing ONE (I) Key Personnel Position as identified above. The Reports: In accordance with FAR 37.114(c) all documents or reports produced by the Contractor shall be suitably marked to clearly show they are Contractor products, or that the Contractor participated in creating the document or report. Reports shall be formatted in a manner that is usual and customary for the industry and type of data being presented. Contractor Employees: Contractor employees shall not be considered Government employees for any purposes. The Contractor shall be responsible for the ethical conduct of its employees. These standards are enforceable under Title 38, U.S.C. section 218. PROJECT BACKGROUND & DESCRIPTION Our intention is to procure expert services for a construction project at the Minneapolis VAMC. The original contract was awarded in 2020. Over the last four years, multiple modifications were executed. Issues with plumbing and the water tie-in at the facility occurred. The project needs expert consulting in this area before it can be closed out. The contract will be complete once this REA claim is processed. PROCUREMENT INFORMATION This proposed project will be a sole source to Berkeley Research Group, LLC. The North American Industry Classification System (NAICS) code 541990 (size standard $19.5 million) applies to this procurement. The duration of this project is currently estimated to not exceed 360 days from date of award. It is once again the intent of the government to award this project as a sole source. However, if a firm feels like they can meet the requirements of this project, the government will review the information provided (as specified in the Capabilities Statement below), in order to make the final determination. CAPABILITY STATEMENT Respondents shall provide a general capabilities statement in the following information: Section 1: Provide company name, UEI number, company address, Point-of-Contact name, phone number and email. Section 2: Provide company business size based on NAICS code 541330. Also, provide business type (i.e., Large Business, Small Business, Service-Disabled Veteran Owned Small Business, Small Disadvantaged Business, Women-Owned Small Business, Hub Zone Small Business, etc.). Section 3: Provide a Statement of Interest in the project. Section 4: Provide examples of similar work your company has performed where you have taken over the responsibilities, and liabilities associated with all aspects in providing technical expertise on interior hospital renovations, or federal building renovations. Additionally, the contractor shall have no less than five (5) years experience analyzing and reviewing Federal claims containing Eichleay calculations. CPM schedule analysis and methodology in Federal construction contracts. Provide no more than three examples of this within the past seven years. Include the project name, project owner and contact information as this person may be contacted for further information, project scope, project size (Example: square footage), building use (Example: Medical Facility, Office Building, etc.), project dollar value, start and completion dates. Any responsible source who believes it can meet this requirement may submit a capability statement to
[email protected] no later than August 31, 2024, at 1:00 PM (ET). It is requested that interested contractors submit a response (electronic submission) of no more than 4 single sided pages that addresses the above information. This response must be submitted as a single application-generated (not scanned) PDF document that is less than or equal to 4MB in size. Please note that hard copies will not be accepted. A determination not to compete the requirement based upon the responses to this notice is solely within the discretion of the Government. Disclaimer and Important Notes: No proprietary, classified, confidential, or sensitive information should be included in responses to this notice. This notice does not obligate the Government to award a contract. The Government will not pay for information provided in response to this notice. The Government reserves the right to use information provided by respondents for market research purposes. The Government is under no obligation to acknowledge receipt of the information received or provide feedback to respondents with respect to any information submitted. End of Document