36C24222B0057_1.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.

36C24222B0057 X 528-22-4-4192-0049 528-22-129 Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga

NY

14227 Tanya Baldwin Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road, Suite 3500 Cheektowaga

NY

14227

BALDWIN, TANYA

N/A Contractor shall provide all labor, equipment, materials, and supervision necessary to perform all work required for “Subbasement Excavation for Steam Repairs”, in accordance with (IAW) all drawings, specifications, and the scope of work. This project is located at the Buffalo New York Veterans Hospital at 3495 Bailey Avenue Buffalo, NY 14215.

Project magnitude: between $1,000,000 and $5,000,000. The NAICS code is 238190. Small Business size standard is $16.5.

As set forth in 38 U.S.C 8127 the requirement is a 100% set aside to Service-Disabled Veteran Owned Small Business.

See VAAR 852.219-10, Notice of Total Service-Disabled Veteran Owned Small Business Set-Aside of this VERIFIED by the Department of Veterans Affairs Center for Verification and Evaluation (CVE) at time 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 the bidder's proposal being deemed non-responsive. All offerors are urged to contact the CVE and submit the required documents to obtain CVE verification of their SDVOSB status if they have not already done so.

In accordance with FAR 52.204-7, System for Award Management (SAM), prospective contractors shall be registered in the SAM database prior to award of a contract or agreement.

See full solicitation text for information related to pre-bid site visit, requests for information, bidding materials, public bid opening.

Note: In accordance with FAR 36.209 and VAAR 836.209, an A/E firm cannot be awarded any construction contract for which it provided design services unless approved by the head of the agency.

The site visit is schedule on August 11, 2022, at 1: 00 P.M Eastern Time at the Buffalo VAMC.

X X 52.211-10 X 13:00

EDT

09-08-2022 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

528-3620162-4192-854200 Non-Recurring Ma-3220 Buildings and Facilities--23NRNR000 Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga

NY

14227 Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/

Tanya Baldwin Contracting Officer

Table of Contents

Construction Scope of Work Sub-Basement Excavation Project 528-22-129

General Information

1.1 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 528-22-129.

1.2 Background

The Western-most basement area developed stained ceiling tiles and condensation concerns. These conditions were traced back to leaks in the steam lines located in the sub-basement (SB). The extent of the repairs needed are difficult to locate and are in a restrictive work area due the earth/dirt level of this area.

The West SB will need to be excavated to allow access. This will provide proper space for repairs to the steam lines by VA plumbing shop. Previous excavation efforts in other areas have been done, so an existing access pit is in the adjacent A-wing of the SB.

1.3 Purpose

The purpose of this effort is to fully excavate and rough finish an area of the sub-basement of the Buffalo VAMC in accordance with the construction documents developed by the Engineering Department.

The Buffalo VAMC requires a Contractor to perform construction work necessary to accomplish this goal.

1.4 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 Section 3: Requirements. A brief overview of the construction work is included below:

Civil excavation of approximately 1,650 cubic yards of earth; tiering the West sides up to foundation walls. No fuel burning equipment in unventilated dig area.

Possible glove-bag asbestos removals of surface or buried asbestos insulation Removal of 5’H x 7’L x 8”W concrete retaining wall Installation of a 28’L x 5’H retaining wall with footer Replace existing access hatch with 29” door Install sump-pump and drainage lines Spreading of approximately 50 cubic yards of clean #1 gravel sub-base Electrical installation of emergency power line for sump pump and replace all lighting

1.4.1 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.

1.4.2 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.

1.4.3 Hazardous Materials

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

1.4.4 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.

1.5 Approach

1.5.1 General

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

General (Section 3.1) Construction (Section 3.2) 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.

1.5.2 Phasing

This project is not phased.

1.6 Site Information

1.6.1 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.

1.6.2 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).

1.6.3 Photography

PG-18-1: MASTER CONSTRUCTION SPECIFICATIONS, Section 01 00 00 (General Requirements - 528-22-129), 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 sections 3 of this SOW, whether or not they are listed here.

1.7 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

1.8 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 528-22-129” 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 KO, 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 528-22-129) lists all drawings for this construction effort.

SPECIFICATIONS (AS MODIFIED FOR VA PROJECT 528-22-129)

PG-18-1: MASTER CONSTRUCTION SPECIFICATIONS, SECTION 00 01 10 TABLE OF CONTENTS (AS MODIFIED FOR VA PROJECT 528-22-129) lists all relevant and modified construction specifications for this construction effort.

1.9 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.

1.10 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.

1.11 Records Management

Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

The Government Agency owns the rights to all data/records produced as part of this contract.

The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format (paper, electronic, etc.) or mode of transmission (email, fax, etc.) or state of completion (draft, final, etc.).

No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

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

1.12 General

This section contains general information that is applicable for the duration of the contract (i.e. applies to all parts of this effort).

1.12.1 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 (since last progress meeting) Progress Anticipated (2 week look ahead) Updated Schedule (completion, shutdowns, change orders, material delays, etc.)

Problems Encountered and Anticipated Safety Concerns / 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. See 3.1.2.4 for submission details.

1.12.2 Meetings

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

1.12.2.1 Meeting Scheduling

All meetings identified within this SOW are to be coordinated and scheduled with the COR. See Section 1.6.2 and Section 5.1 for more details.

1.12.2.2 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.

1.12.2.3 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…).

1.12.2.4 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.

1.13 Construction

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

1.13.1 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 Sections under 3.1.2 of this SOW.

See section 5.2 for the timing of this meeting.

In conjunction with the Kick-off Meeting, the Contractor shall survey the work area(s) to assess current site conditions and request additional existing as-built documents. This should include the utilities back to source, equipment path to and waste path out from the work area(s).

Site surveys shall be conducted in accordance with Section 1.6.2.

1.13.2 Submittals

In accordance with the terms of PG-18-1 MASTER CONSTRUCTION SPECIFICATIONS; SECTION 01 33 23 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES (528-22-129), 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.

1.13.3 Preconstruction Conference

Once the submittals have been approved, the Contractor shall attend a Preconstruction 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.

Accident Prevention Plan (APP) specific to this effort and location.

OSHA training records and date(s) for VA site safety attendance.

A list of any remaining submittals to be provided with planned dates.

Revised or new Activity Hazard Analysis (AHA) based on approved submittals.

Refined Schedule of Values (SOV) showing detailed breakdown of work to be invoiced.

Any additional clarifying details about the work to be performed that have been updated based 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 Section 3.1.2 of this SOW and the terms of PG-18-1 MASTER CONSTRUCTION SPECIFICATIONS; SECTION 01 35 26 SAFETY REQUIREMENTS (528-22-129); Article 1.6 Preconstruction Conference.

See section 5.2 for the timing of this meeting.

1.13.4 General Construction

The Contractors scope of work for General Construction shall include, but is not limited to, the procedures outlined in PG-18-1: MASTER CONSTRUCTION SPECIFICATIONS (528-22-129).

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

1.13.5 Status Meetings

The Contractor shall attend periodic status meetings with the VA to discuss construction progress, submittals, and RFIs during the course of the project. The construction phase is anticipated to be no longer than 3 months. This time estimate excludes the time required to perform the preparatory administrative work (e.g. plans, schedules, submittals, etc...)

Status meetings will commence after the Preconstruction Conference is held (section 3.2.3). 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 the resurvey of the site will be conducted (see PG-18-1: MASTER CONSTRUCTION SPECIFICATIONS, Section 01 00 00 (General Requirements - 528-22-129), Article 1.8, Paragraph C).

The Contractor and/or Sub Contractor shall provide meeting minutes in accordance with the terms of Section 3.1.2.

1.14 Invoices

The Contractor should invoice according to the detailed Scope of Values. For this project, invoices must be submitted with:

· An updated schedule

· An updated submittal log

· For dirt excavated and disposal invoicing (waste manifests)

Verification Final functional verification of the completed work shall be conducted jointly before final acceptance of the constructed product. The groups that will participate in the verification process include:

· Prime Contractor

· Subcontractor (as applicable)

· VA Engineering All functional tests will be based upon manufacturer data and will be checked against VA regulatory requirements as applicable.

All equipment installed will be subject to these tests. For any equipment that does not pass the functional verification test, the Contractor shall troubleshoot the issue and determine if 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 fabricator to repair and/or replace the faulty equipment and any subsequently damaged equipment at no additional cost to the Government.

Delivery

1.15 Technical POC

The Contractor shall coordinate all visits and meetings with and provide the required quantity of submittals to Thomas Heldwein

VA Western New York Healthcare System

Buffalo VA Medical Center

3495 Bailey Avenue

Buffalo, NY 14215

1.16 Schedule and Submittals

The Period of Performance for the total effort will not exceed 120 calendar days. The Kickoff Meeting will be held by the CO and start the Period of Performance, where a Notice to Proceed will be provided. The Preconstruction Conference will be held after initial submittal completion and COR reviews as detailed in Sections 3.2.2 and 3.2.3. No work is authorized prior to resolution of action items identified in the Preconstruction Conference.

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 (528-22-129). This schedule must include all administrative work (preparatory as well as any permitting or shutdown 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 from section 2.2.

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

VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (Amended October 25, 2021)

1. Contractor employees who work in or travel to VHA locations must comply with the following:

a. Documentation requirements:

1) If fully vaccinated, shall show proof of vaccination.

i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

2) If unvaccinated and granted a medical or religious exception, shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test.

3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

1. For indefinite delivery contracts: Contractor agrees to comply with FAR 52.232-99 and VHA Supplemental Contract Requirements for any task or delivery orders issued prior to this modification when performance has already commenced.

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 http://www.Beta.Sam.gov in electronic format only. All interested parties (subs & primes) should register at http://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 http://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 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

A single award will be made on the Base Bid.

BASE BID: All work required in the construction documents (including but not limited to drawings, specifications, addenda, and contract documents).

Fill in price SF 1442 BOX 17, BASE BID (use ink) The construction magnitude is between $1,000,000 and $5,000,000

BID SUBMISSION

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

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

1. 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.

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

1. 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.

1. 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.

1. 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.

1. 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

Due to COVID-19 concerns and direction from the NYS Governor for social distancing, there will not be a face-to-face public bid opening. In accordance with FAR 14.202-8, send all submission documents via email to Tanya.Baldwin@va.gov no later than (NLT) 1:00 PM (Eastern Time), Thursday, September 8, 2022.

All Contractors providing an electronic bid submission must still meet all requirements listed under “Bid Submission” in the solicitation. The bid opening and public reading of the bids will be via OfficeTeams/Conference call. Bidders may call 1 347-566-4838 at 1:15PM Eastern Time and enter phone conference ID 359 420 434# to join.

**The bid submission emails will be kept in an electronic folder unread until 1:15 PM when they will be opened and read to the public**

**NOTE: PLEASE ALLOW AT LEAST 30 MINUTES FOR BIDS TO ARRIVE IN EMAIL**

After all bids have been read, the apparent low bidder shall submit the signed original copy of the bid and all required documents, including bonds via mail to: Tanya Baldwin at Tanya.Baldwin@va.gov.

Files should be in Adobe* PDF (Portable Document Format) Files: Size: Maximum size of the e-mail message shall not exceed five (5) megabytes. If the size limits are exceeded, the VA may not receive the file and/or you may not be considered. Only one email is permitted. This email should contain at least three separate attachments:

· One (1) signed SF1442 with amendments acknowledged.

· Include response to FAR 52.204-8(2) (i) or (ii) Annual Representations and Certifications

· Response to FAR 52.209-13(b)(1) or (2) Violation of Arms Controls Treaties or Agreements

· Response to VAAR Part 852.219-77 and 852.219-78 (Required for award)

· One (1) complete signed SF 24 Bid Bond and Power of Attorney.

· One (1) safety or environmental violations and experience modification rate.

Bids received after this time may 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.

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 for the “Subbasement Excavation for Steam Repairs” at 3495 Bailey Avenue in Buffalo N.Y. 14215, for Project 528-22-129.

SITE VISIT

Bidders are urged and expected 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, August 11, 2022 @ 1:00 PM (Eastern Time). Participants will meet at the Buffalo VAMC, Building 6, (in the basement) room # 54-1. You get there through the C Wing Attendance is not mandatory; however, all bidders are strongly encouraged to attend.

REQUESTS FOR INFORMATION (RFI):

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

RFIs will be responded to as necessary in amendment format which will be posted on https://beta.sam.gov/.

The deadline for submission of RFIs for this solicitation is Thursday, August 18, 2022, at 3:30 PM (Eastern Time). 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.

A.3 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) A.4 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) A.5 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…