36C24220B0024-002.docx

36C24220B0024

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.

36C24220B0024 X 03-04-2020 630-20-2-8938-0011 630A4-17-406 Y 36C242 Department of Veterans Affairs Network Contracting Office 2 Franklin Delano Roosevelt Campus 2094 Albany Post Rd.

Montrose

NY

10548 James J. Peters VA Medical Center 130 W. Kingsbridge Road Sharon Pierce 9B-67 Bronx

NY

10468 Julie Provenzano Julie.Provenzano@va.gov Project #630A4-17-406 is to Replace Roof and abate all Asbestos Containing Material; Building 1 at the Department of VA New York Harbor Healthcare System Brooklyn Campus, 800 Poly Place, Brooklyn , NY 11209. The complete description of the requirement can be found in the attached specifications, drawings, and statement of work.

The NAICS code for this procurement is 238160 (Roofing Contractors), with a business size standard of $16.5 Million.

Project magnitude of construction is between $1,000,000 and $2,000,000.

In accordance with P.L 109-461, this requirement is 100% set aside for Service Disabled Veteran Owned Small Business.

All SDVOSB's must be both VISIBLE and VERIFIED by the Department of Veterans Affairs Center for Verification and Enterprises (CVE) at the of submission of bid and at time of award. Failure to be both VERIFIED by CVE and VISIBLE in VetBiz prior to contract award will result in bidder's proposal being deemed non-responsive. All SDVOSB's are urged to contact the CVE and submit the aforementioned required documents to obtain CVE verification of their SDVOSB status.

All prospective bidders must be registered in SAM (www.SAM.gov) under NAICS code 238160.

Offerors must submit their annual Vets-100 Report.

Offerors shall submit Experience Modificatin Rate (EMR) with bid. This EMR shall be equal to or less than 1.0 or the bidder will be ineligible for contract award.

The Period of Performance is 150 calendar days from the date of the notice to proceed refer to Bid Sheet for details.

A 20% Bid Bond must be submitted with the bid.

A prebid site vist is scheduled for March 12, 2020 at 10:00AM EST. Prospective bidders will meet at the VA Brooklyn Campus, Building 4, Engineering Conference Room G-16, 800 Poly Place, Brooklyn, NY 11209.

NOTE: NO OTHER SITE VISIT WILL BE SCHEDULED, INTERESTED BIDDERS ARE ENCOURAGED TO ATTEND.

To preserve the integrity of the procurement process, all questions and requests for information must be submitted in writing to Julie Provenzano, Contract Specialist via email only to Julie.Provenzano@va.gov no later than 03/20/2020 at 1:00 pm EST.

ALL MAILED BIDS MUST BE RECEIVED BY 10:00AM EST on APRIL 8, 2020 AND MAILED TO THE ADDRESS IN BLOCK 8 OF THIS FORM.

The PUBLIC BID OPENING will be held on 4/8/2020 at 10:00 AM EST in the Contracting Conference Rm 9B-19 at the James J. Peters VA Medical Center, 130 West Kingsbridge Rd., Bronx, NY 10468 IAW FAR Part 36.209 Construction contracts with architect-engineer firms. No contract for the construction of a project shall be awarded to the firm that designed the project or its subsidiaries or affiliates.

NOTE: CONTRACTORS MUST ACKNOWLEDGE ALL SOLICITATION AMENDMENTS.

X 52.211-10 X

10:00 AM EST

04-08-2020 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

ITEM 1- BASE BID___________________________________

630-36X0162-8938-854200 Non-Recurring Ma-3220 Buildings and Facilities - 23NR8BC31 Department of Veterans Affairs Department of Veterans Affairs Network Contracting Office 2 (10N2NCO) 2094 Albany Post Rd.

Montrose

NY

10548 Tungsten Network http://www.tungsten-network.com/us/en /veterans-affairs

EMILY I. LINDSEY

VA-VHA-SAOE-2018-182AFAA2

Table of Contents

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

(a) Bidding materials consisting of Invitation for Bids, drawings, specifications and contract forms will be available at Contract Opportunities https://beta.sam.gov in electronic format only. All interested parties (subs & primes) should create an account at https://beta.sam.gov to save searches, add your entity to an opportunity's Interested Vendors List, and receive automatic updates when opportunities change. A Bidder’s mailing list WILL NOT BE prepared by the Contract Specialist. SOLICITATION AMENDMENTS: Amendments to the solicitation will be posted at https://beta.sam.gov through Contract Opportunities. Paper copies of the amendments will NOT be individually mailed. Offerors are reminded that they are responsible for obtaining and acknowledging all amendments to this solicitation prior to the time for receipt of offers.

(b) If bid exceeds $150,000 a bid bond must be submitted. A bid guarantee is required in an amount not less than 20 percent of the bid price but shall not exceed $3,000,000. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for 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) If the contract will exceed $150,000 (see FAR 28.102-1 for lesser amount), the bidder to whom award is made will be required to furnish two bonds, a Payment Bond, SF 25A, and a Performance Bond, SF 25, each in the penal sum as noted in the General Conditions of the Specification. Copies of SFs 25 and 25A may be obtained upon application to the issuing office.

(d) If the bid/offer is between $30,000 - $150,000 The bidder/offeror to whom award is made will be required to furnish a Payment Bond, Standard Form 25A or alternative payment protection which conforms to the requirements set forth in FAR Clause 52.228-13, Alternative Payment Protections, as noted in the General Conditions of this Specification. Copies of the Standard Form of Payment Bond may be obtained upon application to the Issuing Office.

PROJECT BID ITEMS

See Statement of Bid Item in the project specifications for full descriptions. A single award will be made consisting of the following:

BASE BID Item 1, REPLACE ROOF: Work includes general construction, alterations, renovations, and necessary removal of existing materials and construction and certain other items to complete the roof replacement as called for on the construction documents.

Fill in ALL ITEMS (Lump Sum) price SF 1442 BOX 17, Please use ink.

In accordance with VAAR 836.204, the construction magnitude is between $1,000,000 and $2,000,000.

BID SUBMISSION

The following documents are to be included in the bid submission:

(a) One (1) signed SF 1442 page 2, Offer page, with blocks 14-20c completed.

(b) Acknowledgment of all amendments must be accomplished either via entering data in block nineteen (19) of the SF1442 or completing blocks fifteen (15) a, b, and c of the amendment and attaching it to the SF 1442 Offer page.

(c) One (1) original completed/signed SF24 Bid Bond and Power of Attorney as required.

(d) Safety or Environmental Violations and Experience Modification Rate:

1) All Bidders/Offerors 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.

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

3) Self-insured contractors or other contractors that cannot provide their EMR rating on insurance letterhead may 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 will obtain their EMR rating from their state run worker’s compensation insurance rating bureau.

(e) Bidders are responsible for ensuring and verifying their bid and all required bid documents are received at the address designated in block eight (8) of the SF 1442 solicitation and by the date and time specified in block thirteen (13)a of the SF 1442 solicitation (subject to amendment).

DELIVERY OF BIDS

Bids in response to this solicitation are to be delivered to:

Mailing Address:

Sharon Pierce, BID: 36C24220B0024 – Building 1 Roof, Brooklyn James J. Peters VA Medical Center -Room 9B-67 130W. Kingsbridge Road Bronx, NY 10468-3904

The solicitation number and project title must be written on outside of the Delivery Package.

INSTRUCTIONS TO BIDDERS

A public bid opening will be held on Wednesday, April 8, 2020 @ 10:00 AM (EST), at the James J. Peters VA Medical Center, 130 W. Kingsbridge Road, Bronx, NY 10468. Room 9B-19.

Bids received after this time will be rejected.

Any exception to the terms and conditions of this Invitation for Bid (IFB) will result in a nonresponsive bid.

Failure to provide a definitive price will result in a nonresponsive bid.

Receipt of bids must be in accordance with terms and conditions of this IFB.

Bidders must acknowledge (in writing only) amendments to this solicitation, otherwise a bid may be determined nonresponsive.

The winning bidder must be determined as "responsible" by the Contracting Officer in accordance with FAR Part 9, Contractor Qualifications.

BID SHEET

PROJECT NUMBER 630A4-17-406

PROJECT TITLE:

REPLACE BUILDING 1 ROOF

NEW YORK HARBOR HEALTHCARE SYSTEM (BROOKLYN CAMPUS)

800 POLY PLACE

BROOKLYN, NY 11209

STATEMENT OF BID ITEM

Objective:

The objective of this project is to Replace Roof with new Kemper liquid applied roofing system (or approved equal) and abate all asbestos containing material Building 1 at the New York Harbor Healthcare System Brooklyn Campus, 800 Poly Place, Brooklyn, NY 11209.

Scope of Work:

The contractor for this project shall:

1. Provide all necessary labor, equipment and materials as according to drawings and specifications to replace the following roof of Building 1.

The entire roofing system of building, illustrated and detailed in contract drawings, shall be treated as ACM and properly abated in accordance with all applicable regulations. Remove all roofing down to the roof deck and replace with new liquid applied roofing system. Install new guardrails and ladders where indicated, in contract drawings.

The firm must be a Roofing Contractor approved under NAICS: 238160, size standard: $16.5 million. The offeror shall obtain any and all necessary licenses or permits required to perform this work in the State of New York to include abate the ACM in accordance with New York City Department of Environmental Protection (NYCDEP) Title 15, Chapter 1 and New York State Department of Labor (NYSDOL) Industrial Code Rule 56 (12 NYCRR Part 56)., the VAMC specification and applicable federal regulations.

All work shall be done in accordance with contract drawings and specifications.

BASE BID: Include Items 1 listed above

150 CALENDAR DAYS COMPLETION TIME

THIS IS A SDVOSB SET-ASIDE.

AWARD IS SUBJECT TO THE AVAILABLILITY OF FUNDS.

THERE SHALL BE ONE (1) SITE VISIT/WALKTHROUGH FOR INTERESTED BIDDERS FOR THIS PROJECT ON 3/12/2020 AT 10:00 A.M. (EST) AT:

VAMC Brooklyn, 800 Poly Place, Brooklyn, NY 11209.

PLEASE MEET AT ENGINEERING CONFERENCE ROOM G-16, BUILDING 4.

IN ORDER TO PRESERVE THE INTERGRITY OF THE BIDDING PROCESS, ALL QUESTIONS SHALL BE SUBMITTED IN WRITING TO THE CONTRACT SPECIALIST, JULIE.PROVENZANO@VA.GOV NO LATER THAN 1:00PM EST ON 3/20/2020. ANY QUESTIONS RECEIVED AFTER THIS CUT-OFF DATE WILL NOT BE ANSWERED.

Project Title: Replace Roof Building 1 Project Number: 630A4-17-406 Objective:

The objective of this project is to Replace Roof with new Kemper liquid applied roofing system (or approved equal) located at the New York Harbor Healthcare System Brooklyn Campus, 800 Poly Place, Brooklyn, NY 11209.

Scope of Work:

The contractor for this project shall:

1. A. Provide all necessary labor, equipment and materials as according to drawings and specifications to replace Building 1 roof.

The entire roofing system of building, illustrated and detailed in contract drawings, shall be treated as ACM and properly abated in accordance with all applicable regulations. Remove all roofing down to the roof deck and replace with new liquid applied roofing system.

7. Scrape, prime and paint all existing metal stairs, ladders and railing on the roof perimeter.

8. After installation of the new roofing, the re-installed lightning protection system shall be re-recertified by a lightning protection contractor.

9. Hold Bi-Weekly construction meeting and prepare meeting minutes.

10. Construction to be performed during normal hours (8 AM – 4:30 PM) Monday to Friday.

11. All demolished materials shall be removed off the site during off hours (5:00 PM – 11:30 PM) Monday to Friday or on Weekends.

12. All new roofs must have a 20 years warranty.

13. Contractor shall be required to provide the following documentation for all of his/her personnel working on VA property:

A. VA issued identification badges B. Security and Privacy Training certifications

14. Install temporary roofing after hot material removal.

15. Remove all coping stone/tile caps (if applicable) and replace with new if damaged beyond repair. Repair if necessary. Reinstall coping caps securely on top of brick parapet wall as per drawing detail.

16. Remove all coping stone/tile caps (if applicable) and replace with new if damaged beyond repair. Repair if necessary. Reinstall coping caps securely on top of brick parapet wall as per drawing detail.

17. Repair and/or fill and seal damage in parapet wall with mortar. Replace damaged bricks if necessary.

18. Repair/replace all flashing under current coping stones (if applicable) to be installed under newly installed coping caps.

19. Unclog and snake all roof drains to the basement.

20. Re-insulate the drain sleeves up to the elbow, after abatement is complete.

21. Temporarily de-energize, remove all necessary roof equipment and/or electrical/mechanical systems (not limited to units shown on drawings) and replace/reinstall upon installation of new roofing system. Dimensions and condition of railings for small mechanical and other penthouses are to be field verified by contractor. Shop drawings (stamped by PE) are to be submitted for approval.

22. Demolish and remove from the field the entire existing roofing system to the concrete/metal deck.

23. Inspect the concrete/metal deck and patch/repair as necessary and properly prepare for membrane installation.

24. Install new cast iron drains and lower as required to create a proper pitch.

25. Install rigid and tapered insulation to create a proper pitch to the roof drains.

26. Adhere ½” cement cover board using InstaStick Foam Adhesive (or approved equal).

27. Strip all joints using resin saturated 4” fleece.

28. Prime with Kempertec EP Primer (or approved equal primer that will properly bond to chosen liquid roofing system’s material, throughout 20 year warranty of roof) and spread kiln dried silica sand into the wet aggregate.

29. Apply Kemperol 2K-PUR/165 (or approved equal that is easy to clean, highly durable, waterproof/airtight & leak free throughout 20 year warranty of roof) on flashings, penetrations, drains and the field.

30. Remove any and all existing traffic pads and replace with rugged non-slip painted walkway, as indicated on contract drawings.

31. Remove, clean, prep, and install new caulk for all coping caps on roof perimeter.

32. Coat all flashing seams with flashing bond and mesh.

33. Install construction fence around the building roof’s perimeter, to ensure safety of materials and personnel on roof.

34. Asbestos-containing roof flashing and caulking materials must be abated to facilitate the replacement of the roof. All roofing materials shall be treated as asbestos-containing materials (ACM), including but not limited to: roof field; roof perimeter and curb flashing; caulking on metal vent caps; coping stone caulking; louvre caulking; HVAC unit mastic/flashing; roof hatch flashing; roof drain flashing; mastic at base of fencing; pitch pocket mastic; and all vermiculite containing material.

35. The Contractor is to abate the ACM in accordance with New York City Department of Environmental Protection (NYCDEP) Title 15, Chapter 1 and New York State Department of Labor (NYSDOL) Industrial Code Rule 56 (12 NYCRR Part 56)., the VAMC specification and applicable federal regulations.

36. The entire roof shall be considered the asbestos abatement work area. Only NYCDEP and NYSDOL certified asbestos workers and authorized visitors shall be permitted in the roof work area during abatement. A minimum distance of twenty-five feet (25’) shall be maintained between the asbestos work area and adjacent non- asbestos work areas.

37. Roof work areas shall not require clearance air samples. The roof will be considered abated when there is no visible debris or dust remaining and the VA’s project monitor has performed a successful visual inspection.

38. The Contractor shall assume full responsibility and liability for compliance with all applicable Federal, State and Local regulations related to any and all aspects of the asbestos abatement project. The Contractor is responsible for providing and maintaining training, accreditations, medical exams, medical records, personal protective equipment (PPE) including respiratory protection including respirator fit testing, as required by applicable Federal, State and Local regulations. The Contractor shall hold the VA and VPIH/CIH consultants harmless for any Contractor’s failure to comply with any applicable work, packaging, transporting, disposal, safety, health, or environmental requirement on the part of himself, his employees, or his subcontractors. The Contractor will incur all costs of the CPIH/CIH, including all sampling/analytical costs to assure compliance with OSHA/EPA/State requirements related to failure to comply with the regulations applicable to the work.

39. The location of the remote decontamination units and waste dumpster shall be mutually agreed upon during the preconstruction meeting by the VAMC and asbestos abatement contractor.

40. The asbestos abatement work shall be carefully coordinated with the roofing replacement so that the building is not left exposed to water damage. At no time shall more roofing material be removed than what can be replaced in one (1) day.

41. The contractor shall be responsible for any and all damages resulting from asbestos abatement activities.

42. The contractor shall comply with all regulations concerning OSHA fall protection.

43. HVAC intakes and exhausts, vents and drains that cannot be shutoff or sealed with two (2) layers of 6-mil plastic sheeting must be extended using an airtight rigid sheathing to a minimum height of ten feet (10’) above the work area during roof abatement.

44. All work area decontamination units (personal and waste) shall be fully framed and sheathed because they will be located in areas of public access.

45. All utilities, mechanical systems and piping shall be locked out and tagged before the contractor is to begin abatement activities.

46. Proper construction and safety signage shall be utilized throughout the construction site, where applicable, during work.

47. All associated debris and waste must be properly disposed of immediately. Storage of construction debris and waste, on the facility, is prohibited unless otherwise authorized by the VA.

48. Contractor shall provide “As-Built” drawings, as per contract specification.

49. All construction must comply with the latest NFPA 101 Life Safety, NFPA 99 Health Care Facilities.

50. All work must fully comply with contract drawings and specifications.

Completion Time: 150 Calendar Days

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

GENERAL INTENTION

Contractor will provide services to include all tools, labor, materials, equipment, services, and supervision necessary to Replace Roof at VA New York Healthcare System, Brooklyn VAMC campus under Project 630A4-17-406.

SITE VISIT

Bidders are encouraged to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of performing these services. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

There will only be one (1) organized site visit. It will be held on Thursday, March 12, 2020, at 10:00 AM EST. Participants will meet at the VA Brooklyn Campus, 800 Poly Place, Brooklyn, NY 11209 Building 4, Engineering Conference Room G-16.

Attendance is not mandatory; however, all bidders are strongly encouraged to attend.

Personal Protective Equipment (PPE): Personal Protective Equipment (PPE) is recommended for this site visit. Site visit attendees are strongly encouraged to wear the following Personal Protective Equipment (PPE) while the site visit is in progress and/or while in site visit areas: Safety Steel Toe Shoes. Site visit attendees should also wear additional Personal Protective Equipment (PPE) if they feel the need to do so. However, Personal Protective Equipment (PPE) shall not be provided by the Government to site visit attendees. The government will not be liable for injuries that occur to site visit attendees which occur as a result of a site visit attendee NOT wearing the recommended Personal Protective Equipment (PPE) (i.e. Safety Steel Toe Shoes) if such an injury/occurrence would have/could have been prevented if the recommended Personal Protective Equipment (PPE) (Safety Steel Toe Shoes) had been worn.

REQUESTS FOR INFORMATION (RFI):

To obtain clarifications and/or additional information concerning the contract requirements or specifications, submit a written RFI via email to Julie.Provenzano@va.gov.

RFIs will be responded to as necessary in amendment format which will be posted on www.fbo.gov.

The deadline for submission of RFIs for this solicitation is Friday, March 20, 2020 at 1:00 PM (EST). No questions will be answered after this date/time unless determined to be in the best interest of the Government as determined by the Contracting Officer. Telephone RFIs will not be accepted or returned.

BASIS FOR AWARD

Contract award will be made to the responsive, responsible bidder submitting the lowest price in accordance with FAR Part 14 – Sealed Bidding.

RESPONSIBILITY REQUIREMENTS

A Determination of Responsibility shall 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 or submit this information may result in a determination of “Non-Responsibility” 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.

This requirement is applicable to all subcontracting tiers, and prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors.

ADDITIONAL VETBIZ INFORMATION

(a) Eligibility of SDVOSBs continues to be governed by the Small Business Administration regulations, 13 CFR subparts 125.8 through 125.13, as well as the FAR, except where expressly directed otherwise by the VAAR, and 38 CFR verification regulations for SDVOSBs.

(b) At the time of submission of bid, the Bidder must represent to the contracting officer that it is a—

(1) SDVOSB concern

(2) Small business concern under the North American Industry Classification System (NAICS) code assigned to the acquisition; and

(3) Verified for eligibility in the VIP database.

(c) A joint venture may be considered an SDVOSB concern if-

(1) At least one member of the joint venture is an SDVOSB concern, and makes the representations in paragraph (b) of this section;

(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 size standard explanation of affiliates in FAR 19.101; and

(4) The joint venture meets the requirements of 13 CFR 121.103(h) and 13 CFR 125.15(b)

(d) Any SDVOSB concern (nonmanufacturer) must meet the requirements in FAR 19.102(f) to receive a benefit under this program.

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

Bronx, NY

(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 52.233-2 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:

Emily I. Lindsey

Hand-Carried Address:

VAMC Canandaigua NCO2, Bldg. 34, Room 149 400 Fort Hill Ave.

Canandaigua NY 14424 Mailing Address:

Emily I. Lindsey Department of Veterans Affairs NCO2, Bldg. 34, Room 149 400 Fort Hill Ave.

Canandaigua NY 14424

(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— Thursday, March 12 2020 at 10:00 AM EST

(c) Participants will meet at— Brooklyn VAMC, Building 4, Engineering Conference Room G-16 (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 52.211-6 BRAND NAME OR EQUAL (AUG 1999)

(a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation.

(b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must—

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by—

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation.

(End of Provision)

2.10 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) Prime contractors are encouraged to assist service-disabled veteran-owned and veteran-owned small business potential subcontractors in obtaining bonding, when required. Mentor firms are encouraged to assist protégé firms under VA's Mentor-Protégé Program in obtaining acceptable bid, payment, and performance bonds, when required, as a prime contractor under a solicitation or contract and in obtaining any required bonds under subcontracts.

(End of Clause)

2.11 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)

2.12 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 (DEC 2019)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238160.

(2) The small business size standard is $16.5 Million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a…