36C24220B0053_4.docx

1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE

DOCUMENTS (

Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

Prescribed by GSA-FAR (48 CFR) 52.236-1(d)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SEALED BID (IFB)

NEGOTIATED (RFP)

11. The Contractor shall begin performance within ____________ calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See _____________________________).

YES

NO

a.

Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

b.

An offer guarantee is, is not required.

c.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d.

Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

36C24220B0053 X 08-14-2020

TBD

528-20-2-9450-0009 528-16-112 Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga NY 14227 Same as item 7.

ESMAY, DAVID

716-862-7461 X22456 The intent of this project is to replace the roofs at the Buffalo, NY VA Medical Center. The successful bidder will be required to furnish all labor and materials to perform the work according to the specifications, drawings and Statement of Work, attached to this solicitation. All work will be performed at the Buffalo, NY VA Medical Center, 3495 Bailey Avenue, Buffalo, NY 14215.

This procurement will be 100% set-aside for small business in accordance with FAR 19.502-2. Bidders must be registered in the System for Award Management (www.beta.sam.gov) at the time of the bid and at the time of award. The successful bidders Dun & Bradstreet Supplier Analysis Report will be reviewed by the Contracting Officer prior to award. Bidders must submit their Experience Modification Report (EMR) with their bid. The North American Industry Classification System (NAICS) for this project is 238160, Roofing Contractors with a size standard of $16.5M.

A pre-bid site visit will be held on Tuesday, August 25, 2020. Bidders are to make arrangements with the COR to arrange an appointment time . Group visit will not be allowed due to ongoing concerns with COVID-19. THERE WILL BE NO EXCEPTIONS TO THIS REQUIREMENT. Contact Christopher.Herby@va.gov to schedule. All RFIs during the site visit must be submitted in writing to the Contracting Officer to be considered for an official response from the VA. All RFI's must be submitted by Tuesday, September 1, 2020 @ noon EST. Email RFIs to: davidm.esmay@va.gov.

Bid opening will be held Monday, September 14, 2020 @11am EST. Due to ongoing concerns regarding COVID-19, bids will be accepted by email only. A copy of the bid bond should be included with the bid. The original should be mailed to the the Contracting Officer: Department of Veterans Affairs, Network Contracting Office (NCO) 2, 2875 Union Road, Suite 3500, Cheektowaga, NY 14227. Attn: David Esmay, Contracting Officer. Do not deliver in person.

See drawings, specifications and Statement of Work included or attached in this solicitation for a complete description of work required. Award will be made to the responsive, responsible bidder submitting the lowest price in response to this solicitation. The magnitude of this project is estimated to be between $1.0M and $5.0M.

The project number is 528-16-112.

X X 52.211-10 X zero

12:00PM

09-14-2020 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

528-36X0162-9450-8542-3220 X 36C242 Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga NY 14227 Tungsten Network http://www.tungsten-network.com/us/en /veterans-affairs

X

Table of Contents

SCOPE OF WORK

VAMC ROOF REPLACEMENT

PROJECT 528-16-112

General Information Location Work performed under this scope will be for and conducted within VA Western New York Healthcare System (VAWNYHS) at the Buffalo VA Medical Center (VAMC) located at 3495 Bailey Avenue Buffalo, NY 14215 under VA Project Number 528-16-112.

Purpose The purpose of this effort is to fully replace the existing roofs, approximately 90,100 square feet, at the Buffalo VAMC in accordance with the construction documents developed by Encorus Group. The Buffalo VAMC requires a Contractor to perform construction work necessary to accomplish this goal.

Scope The scope of construction work is fully described in the construction documents (drawings and specifications). Additional administrative and management related requirements are described in this SOW: Requirements. A brief overview of the construction work is included below:

Site work to prepare area for:

· Roofing Supplies

· Disposal of existing roof debris

· Mobile Cranes Relocation and shoring of existing rooftop equipment to enable demolition and construction.

Coordination with telecom providers for movement of equipment.

Demolition of abandon antennas from the 14th floor, all associated wiring and appurtenance to the source. (e.g. junction boxes, transmitters, and clips..etc.)

· There are 4 antennas and approximately 2,000 feet of wiring.

Demolition of old equipment that is no longer used.

Full demolition and abatement of existing roofs.

Installation of new roofing, including all associated sub systems (plumbing, insulation, electrical, etc.).

Patching of miscellaneous deck holes.

Tuck Pointing Hazardous materials removed (asbestos and lead paint).

Site restoration as required for the various work areas.

Ancillary work such as submittals, some exterior demolition and construction, masonry and tuckpointing and interior ladder work may be accomplished before winter 2020. Full mobilization will not occur until weather permits in the spring of 2021, anticipated to be on or about March 15, 2021.

Site Conditions, As-Built and Record Documents Although the VA makes every effort to keep drawings current to existing conditions, changes and updates are sometimes not recorded. It is therefore the Contractor’s responsibility to perform field investigation and verify of the accuracy of the drawings with the actual conditions.

The Contractor shall check existing conditions at the project site prior to bidding.

Quality Assurance/Quality Control Plan The Contractor is responsible for reviewing the work done by any subcontractors that the Contractor has hired to assist with the completion of this SOW. The Contractor must provide the Government with a Quality Assurance/Quality Control (QA/QC) Plan that documents the methods, processes, procedures that are going to be implemented by the Contractor to validate the work their subcontractors perform.

Hazardous Materials Hazardous material removal is required for this project. See abatement drawings and specification for more details.

Personal Protective Equipment (PPE) The Contractor is responsible for obtaining/providing, inspecting, and maintaining any required Personal Protective Equipment (PPE) and access equipment (lifts, scaffolding, etc...) necessary to perform services identified in this SOW.

Approach This Scope of Work has been broken down into general requirements that are applicable to the entire contract and the specific construction effort:

General Construction

General The bidding Contractor(s) will have to conduct a brief pre award site survey of the campus. This will be arranged through the contracting officer and conducted as a group or individually as per the contracting officer.

Phasing This is a phased project. See phasing drawings and PG-18-1: MASTER CONSTRUCTION SPECIFICATIONS, SECTION 01 00 00 GENERAL REQUIREMENTS - 528-16-112, Article 1.6G for phasing requirements.

Site Information Safety:

All Contractor personnel working onsite at the Medical Center will be required to attend a 1-hour Buffalo VAMC site specific safety training class. This class will be held on site and will be taught by a member of the Buffalo VAMC safety office. Attendance to this class and proof of the 10-hour OSHA requirement will allow Contractor personnel to obtain a photo ID badge from the Buffalo VAMC Police. All Contractor personnel shall wear this badge above the waist at all time while on the Buffalo VAMC campus. Participation in this class is mandatory and must be done prior to the commencement of work on-site. The training and the badge will be valid for 3 years from the date of issue.

If this training has been completed previously (as evidenced by a valid Buffalo VAMC Contractor Photo ID) then no repeat training will be required until the printed expiration date. Personnel must attend the safety training class to renew an existing badge.

Access Although the VAWNYHS campuses are public facilities, access to facility maintenance areas, electrical areas, mechanical areas, roof access, and certain other portions of the medical facility are restricted from the general public. Accessing these areas may require advance notice, pre-approval, and scheduling to gain entry.

All visits and access requests to the VAWNYHS under this scope of work shall be coordinated through the Contracting Officer Representative (COR).

Photography PG-18-1: MASTER CONSTRUCTION SPECIFICATIONS, SECTION 01 00 00 GENERAL REQUIREMENTS - 528-16-112, Article 1.31 requires the contractor to obtain the services of a professional photographer to document the entire construction process.

As a reminder, it is VHA policy to respect the privacy of all persons (e.g., Veterans, patients, residents, members of the VHA workforce, and visitors) consistent with the needs of operating a national health care system. Privacy protections on VHA premises vary according to the needs and purposes of different types of areas, the persons included, and the purpose of the production and use of photographs, digital images, and video or audio recordings (excerpt from VHA Directive 1078).

The Contractor shall ensure that any photographs taken do NOT include any VHA patients, members of the VHA workforce, or visitors to the VAMC facility.

Applicable Documents The following documents are applicable to this Scope of Work (SOW) to the extent specified herein. While every effort has been made to ensure the completeness of this list, document users are cautioned that they must meet all specified requirements of documents cited in this SOW, whether or not they are listed here.

Government Documents The following directives, guides, handbooks, and drawings form a part of this document to the extent specified herein. Unless otherwise specified, the latest revisions available shall be used.

Copies of construction related Department of Veterans Affairs directives, guides, and handbooks are available from the Office of Construction and Facilities Management website:

http://www.cfm.va.gov/til/index.asp

DEPARTMENT OF VETERANS AFFAIRS

DIRECTIVES

Veterans Health Administration Western New York Documents The following drawings and documents form a part of this document to the extent specified herein.

Documents identified as “AS MODIFIED FOR VA PROJECT 528-16-112” are base VA documents that have been tailored to the needs of this specific effort. While the base VA documents are available on the Office of Construction and Facilities Management website listed above, the Contractor shall use the modified version listed below, NOT the base document. Copies of these documents are available from the CO, COR, or Technical POC.

VA WESTERN NEW YORK HEALTHCARE SYSTEM, BUFFALO VA MEDICAL CENTER

DRAWINGS

PG-18-1: MASTER CONSTRUCTION SPECIFICATIONS, SECTION 00 01 15 LIST OF DRAWING SHEETS (AS MODIFIED FOR VA PROJECT 528-16-112) lists all drawings for this construction effort.

SPECIFICATIONS (AS MODIFIED FOR VA PROJECT 528-16-112)

PG-18-1: MASTER CONSTRUCTION SPECIFICATIONS, SECTION 00 01 10 TABLE OF CONTENTS (AS MODIFIED FOR VA PROJECT 528-16-112) lists all relevant and modified construction specifications for this construction effort.

Non-Government Publications All work shall be accomplished in strict accordance with the latest codes and standards. The Contractor shall follow any/all applicable standards and codes, including, but not limited to applicable NFPA standards, NEC, JCAHO, OSHA, ANSI, ASHRAE, and any other codes.

Order of Precedence In the event of a conflict between the text of this document and the references cited herein, the text of this document takes precedence. Nothing in this document, however, supersedes applicable laws and regulations unless a specific exemption has been obtained.

Requirements The Contractor shall provide personnel, material, services, and facilities to perform, accomplish, and deliver the required services detailed in this scope of work.

General This section contains general information that is applicable for the duration of the contract.

Status Updates The Contractor shall prepare and submit periodic status reports throughout the duration of the contract. The reporting period will begin at Notice to Proceed. The contents of status reports shall include but is not limited to the following information/topics:

Summary and Current Status of Project Progress Accomplished (for the previous month) Progress Anticipated (for the next three months) Updated Schedule Problems Encountered and Anticipated Technical, Schedule, and Cost Risk Assessment Risk Mitigation Strategy

Status reports may be organized in Contractor specified format. Status reports will be supplied as a digital product to the Government in a Microsoft Word compatible format (*.DOC, *.DOCX) or Portable Document Format (*.PDF). Status reports shall be submitted via email to the CO and COR by the 5th business day of every month.

Meetings Several different meetings are identified under in this Statement of Work. Information contained within this section is relevant to all meetings identified in this contract. Any meeting specific details can be located in its respective paragraph of this SOW.

Meeting Scheduling All meetings identified within this SOW are to be coordinated and scheduled with the COR.

Meeting Agenda The Contractor shall provide a meeting agenda 5 business days prior to the scheduled date of the meeting.

Meeting agendas may be organized in Contractor specified format. Meeting agendas will be supplied as a digital product to the Government in a Microsoft Word compatible format (*.DOC, *.DOCX) or Portable Document Format (*.PDF). Meeting agendas shall be submitted via email to the COR.

Meeting Presentation Materials Any required presentation materials (e.g. handouts, slide presentation, design information, drawings, schedules, cut sheets, etc…) shall be provided to the Government at the same time as the meeting agenda.

Meeting presentation materials may be organized in Contractor specified format. Meeting presentation materials will be supplied as a digital product to the Government in a Microsoft Office compatible format (*.DOC, *.DOCX, *.PPT, *.PPTX), Portable Document Format (*.PDF), or AutoCAD (*.DWG, *.DXF) as applicable to the specific document and meeting.

While email is acceptable method to receive this information, note that the VA has a size restriction for attachments on email. No email can be sent or received by the VA that is larger than 5MB. If meeting presentation materials are larger than this size, the Contractor must determine an alternate method to submit the required materials by the due date (e.g. FTP website, optical digital media, etc…).

Meeting Minutes The Contractor shall provide meeting minutes to document the discussion had during the meeting. The contents of meeting minutes shall include but is not limited to the following information/topics:

Meeting attendees Narrative to describe contents of meeting (will likely mirror the meeting agenda) List of action items (for both the Government and the Contractor) Presentation materials used during the meeting should be included as enclosures Meeting minutes may be organized in Contractor specified format. Meeting minutes will be supplied as a digital product to the Government in a Microsoft Word compatible format (*.DOC, *.DOCX) or Portable Document Format (*.PDF).

The Contractor shall provide draft meeting minutes within 5 business days of the meeting. The Government will review and provide comments back to the Contractor within 3 business days of receipt of the draft meeting minutes. The Contractor shall finalize the meeting minutes and submit the final meeting minutes to the Government within 3 business days of receipt of Government comments.

Construction The Contractors scope of work for shall include, but is not limited to the following:

Kick-off Meeting and Site Survey The Contractor shall conduct a kick-off meeting at the VAMC. During the kick-off meeting the Contractor shall address their plan to meet the design intent, review the schedule, and review their plan to address any risks associated with the effort.

This meeting shall comply with the terms of this SOW.

In conjunction with the Kick-off Meeting, the Contractor shall survey the existing roof areas to assess current site conditions and assemble existing as-built documents.

Site surveys shall be conducted in accordance with this SOW.

Submittals In accordance with the terms of PG-18-1 MASTER CONSTRUCTION SPECIFICATIONS; SECTION 01 33 23 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES (528-16-112), the contractor shall provide submittals and shop drawings for review prior to starting work.

A submittal log has been generated for this effort and represents a list of the minimum required submittals based upon the current construction documents. Although every attempt has been made to ensure that this list is complete, additional submittals not listed may be required.

Preconstruction Conference Once the submittals have been approved, the Contractor shall attend a Error! No text of specified style in document.pre-construction conference. This meeting will be a follow-up to the Kick-off Meeting and Site Survey. In preparation for this meeting the Contractor shall submit:

An updated work plan that adds additional details based upon approved submittal information.

Revised or new Activity Hazard Analysis (AHA) based on approved submittals Any additional clarifying details about the work to be performed that have been updated bases upon the approved submittals.

Any action items resulting from this meeting shall be addressed prior to ordering any materials or beginning the actual construction work.

This meeting shall comply with the terms of this SOW and the terms of PG-18-1 MASTER CONSTRUCTION SPECIFICATIONS; SECTION 01 35 26 SAFETY REQUIREMENTS (528-16-112); Article 1.6 Preconstruction Conference.

General Construction Work includes, but not limited to, all labor, material, equipment and supervision to perform the required demolition, modification, construction, and/or installation of the roofs and their subsystems as described in the drawings, specifications, and this SOW.

Status Meetings The Contractor shall attend periodic status meetings with the VA to discuss construction progress, submittals, and RFIs during the project. The Period of Performance is anticipated to be no longer than 24 months.

Status meetings will commence after the pre-construction conference is held. Status meetings shall be held every two weeks for the remainder of the effort. At a minimum, status meeting attendees shall be the VAMC COR and one person from the prime Contractor. Additional personnel may be invited to the meeting as required.

As part of the last status meeting, a resurvey of the site will be conducted (see PG-18-1: MASTER CONSTRUCTION SPECIFICATIONS, Section 01 00 00 (General Requirements - 528-16-112), Article 1.15, Paragraph C).

The Contractor and/or Sub Contractor shall provide meeting minutes in accordance with the terms of this SOW.

Verification Verification of the installed roof and associated appurtenances shall be jointly conducted before acceptance of the final constructed product. The groups that will participate in the verification process include:

· Prime Contractor

· Subcontractor

· VA Engineering

· Manufacturer’s Representative of the roofing system

This installation inspection will be based upon manufacturer installation instructions and will be checked against VA specifications and drawings as applicable. The installation shall meet or exceed manufacturers requirements for Certificate of Warranty.

For any roofing that does not pass the verification test, the Contractor shall troubleshoot the issue and determine the root cause of the problem.

If the root cause is the result of the construction work, the Contractor shall repair and/or replace the faulty construction work and any subsequently damaged equipment at no additional cost to the Government.

If the root cause is the result of faulty equipment (manufacturer defect), the Contractor shall coordinate with the manufacturer to repair and/or replace the faulty product and any subsequently damaged equipment at no additional cost to the Government.

Delivery Technical POC The Contractor shall coordinate all visits and meetings with and provide the required quantity of submittals to:

Christopher Herby

VA Western New York Healthcare System

Buffalo VA Medical Center

3495 Bailey Avenue

Buffalo, NY 14215

Schedule and Submittals The Period of Performance for the total effort will not exceed 24 months.

Independent of the not to exceed period of performance, the Contractor shall comply with the individual relative and absolute timelines identified in this SOW.

The Contractor is responsible for submitting a detailed schedule in accordance with PG-18-1 MASTER CONSTRUCTION SPECIFICATIONS; SECTION 01 32 16.15, PROJECT SCHEDULES (528-16-112). This schedule must include all administrative work (preparatory as well as any permitting or shut down requests) and must also show associated predecessor and successor logic associated with all tasks performed under this contract.

Government Furnished Information, Materials, & Equipment The government shall supply the following information:

All Buffalo VAMC drawings and modified program guides and specifications.

Government Furnished Materials (GFM) and Government Furnished Equipment (GFE) are not required and will not be provided for this effort.

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

(a) Bidding materials consisting of Invitation for Bids, drawings, specifications and contract forms will be available on https://www.beta.sam.gov in electronic format only. All interested parties should register at https://www.beta.sam.gov as an “Interested Vendor” so that others will know of your interest in participating in this procurement. A Bidder’s mailing list WILL NOT BE prepared by the Contract Specialist. SOLICITATION AMENDMENTS: Amendments to the solicitation will be posted at https://www.beta.sam.gov. Paper copies of the amendments will NOT be individually mailed. By registering to “Receive Notification”, you will be notified by e-mail of any new amendments that have been issued and posted. No other notification of amendments will be provided. Offerors are reminded that they are responsible for obtaining and acknowledging all amendments to this solicitation prior to or at the time for receipt of bids.

(b) If bid exceeds $250,000 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 $15,000,000.00. 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 $250,000 (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 - $50,000 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.

DESCRIPTION OF WORK:

Contractor shall provide construction services to fully replace the existing roofs, approximately 90,100 square feet, at the Buffalo, NY VAMC in accordance with the construction drawings, specifications, SOW and contract provisions and clauses.

Magnitude of the Project: $1,000,000 to $5,000,000.

Safety or Environmental Violations and Experience Modification Rate:

All Bidders 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 has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or any EPA violation(s) in the past three years.

All Bidders 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 insurance company and be furnished on the insurance carrier’s letterhead.

Self-insured contractors or other contractors that cannot provide their EMR rating on insurance letterhead 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.

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, EPA online inspection history and Dun & Bradstreet databases will be used to make the Determination of Responsibility. Failure to affirm being within the guidelines above or submit this information shall result in a determination of “Non-Responsibility” for the bidder. NOTE: Any information received by the Government that would cause a negative Determination of Responsibility shall make the bidder 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.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

(End of Provision)

2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of Provision)

2.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the—

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Buffalo, New York

(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 $5.0M, 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:

David Esmay Contracting Officer Hand-Carried Address:

Accepeted by mail only.

Mailing Address:

Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Rd. Suite 3500 Cheektowaga NY 14227

(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— Tuesday, August 25, 2020, 2020 by appointment only

(c) Participants will meet at— Room 54C Buffalo, NY VA Medical Center (End of Provision)

2.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Provision)

2.9 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)

(a) Any protest filed by an interested party shall—

(1) Include the name, address, fax number, email and telephone number of the protester;

(2) Identify the solicitation and/or contract number;

(3) Include an original signed by the protester or the protester’s representative and at least one copy;

(4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents;

(5) Specifically request a ruling of the individual upon whom the protest is served;

(6) State the form of relief requested; and

(7) Provide all information establishing the timeliness of the protest.

(b) Failure to comply with the above may result in dismissal of the protest without further consideration.

(c) Bidders/offerors and Contracting Officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.

(End of Provision)

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

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

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

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

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

REPRESENTATIONS AND CERTIFICATIONS

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

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 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 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 threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services—Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction…