36C24224B0001_1.docx

36C24224B0001

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.

36C24224B0001 X 10-19-2023

TBD

528-24-1-5192-0003 528A5-21-508 Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga

NY

14227

ALGARIN, IDALIA

716-862-7461 X 22395 The intent of this project is to replace eight single above ground fuel tanks with eight modified double-walled tanks at the Canandaigua VAMC & Bath VAMC.

This procurement will be 100% set-aside for a Service-Disabled, Veteran Owned Small Business IAW 38 U.S.C 8127. Bidders should be registered in the System for Award Management (SAM) at the time of bid and shall be registered at the time of award (www.sam.gov). The successful bidder's Supplier Analysis Report will be reviewed by the Contracting Officer.

A score of 7 and above may require additional financial data to be submitted. Bidders must submit their Experience Modification Report (EMR) with their bid. The North American Industry Classification System (NAICS) code for this procurement is 236220 Commercial and Institutional Building Construction with a size standard of $45.0M.

A pre-bid site visit will be held on Thursday, October 26, 2023 at 10 AM and 1 PM ET. Interested parties shall meet at Bath, NY VAMC, Building 29A Room 211 at 10am ET and following that at the Canandaigua, VAMC at 1 PM ET Bldg 118 Room 5C.

The COR will meet you there and escort you to the jobsite. All inquires at the site visit must be submitted to the Contracting Officer to be considered for an official response. All RFIs must be submitted by noon on Monday,November 6, 2023. EMAIL TO: Idalia.algarin@va.gov

Bid opening will be held via Microsoft TEAMS on Tuesday, November 21, 2023 at 11 AM ET. BE SURE TO EMAIL YOUR BID AND REQUIRED DOCUMENTS TO: IDALIA.ALGARIN@VA.GOV. THIS MUST ARRIVE BY 11 AM ON TUESDAY, November 21,2023. ORIGINALS OF BID BOND NEED TO BE MAILED TO: IDALIA ALGARIN, CONTRACTING OFFICER, 2875 UNION ROAD, SUITE 3500, CHEEKTOWAGA, NY 14227.

To be included in the bid opening, please email Ms. Algarin and include the name and email address of those what which to attend, so that they can be included in the Microsoft TEAMS invite.

See drawings, specifications and the Statement of Work included or attached to this solicitation for a complete description of the work required. Award will be made to the responsive, responsible bidder submitting the lowest price.

The project number is 528A5-21-508. The magnitude Of the project is between $500,000 - $1,000,000.

Design firm cannot receive the construction contract award.

Bidders are reminded to return sign copy of VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING - CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021) (DEVIATION) contained in the solicitation.

CONSTRUCTION WORK SHOULD BE PLANNED FOR SPRING OF 2024 WHEN THE WEATHER IS PERMISSIVE OF PERFORMING THE WORK , MAKE SURE THAT YOU FACTOR THIS ON YOUR BID PRICE AND THE SUBMITTAL PROCESSING AND MATERIAL IN PREPARATION OF THE WORK PERFORMANCE

CAN BE DONE DURING WINTER.

X X 52.211-10 X

EMAILED

11AM

EST

11-21-2023 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

528-3630162-5192-854200-3223 23NRNR001

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/

Idalia Algarin, CO

Table of Contents

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

(a) Solicitation materials consisting of drawings, specifications and other information may be obtained from the Contract Opportunities (formerly FedBizOpps) website:

https://sam.gov/ An Offerors mailing list WILL NOT BE prepared by the Contracting Officer.

SOLICITATION AMENDMENTS: Amendments to the solicitation will be posted at https://sam.gov/ Paper copies of the amendments will NOT be individually mailed. 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) A bid guarantee is required in an amount not less than 20 percent of the proposal price but shall not exceed $3,000,000, whichever is less. Irrevocable Letter of Credit (ILC) may be submitted in lieu of a bid bond. Failure to furnish the required bid guarantee in the proper form and amount, by the proposal due date, will require rejection of the proposal in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then.

(c) The awardee for this procurement will be required to furnish two bonds, a Payment Bond, SF 25A, and a Performance Bond, SF 25. See FAR Clause 52.228-15 Performance and Payment Bonds—Construction.

Magnitude of Construction: $500,000 - $1,000,000.

(d) CONTRACTOR RESPONSIBILITY:

Safety or Environmental Violations and Experience Modification Rate “All 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 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.

All Offerors shall submit information regarding their current Experience Modification Rate (EMR). This information shall be obtained from the offeror’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 must 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 shall obtain their EMR rating from their state-run worker’s compensation insurance rating bureau.

(e) TRAINING:

All employees of the Prime Contractor and Subcontractors shall have the 10-hour OSHA certified construction safety course. The Prime Contractor’s competent site superintendent and any ‘foreman’ of the subcontractor(s) shall have completed the 30-hour OSHA certified construction safety course. Documentation of training shall be submitted to the Contracting Officer for review and approval prior to any work being performed. Failure to present the proper training documentation will result in the individual being removed from the job; the individual may only return after the proper documentation has been provided. There shall be no exceptions to this requirement.

(f) KEYS: All keys provided to the Contractor or any subcontractor for use during the project shall be returned to the Contracting Officer's Representative (COR) at completion of the work or upon request. No keys shall be reproduced by the Contractor or any subcontractor. There will be a $10 charge for each key that is lost or not returned to the COR.

(h) System for Award Management (SAM):

Federal Acquisition Regulations require that federal contractors register in the System for Award Management (SAM) database, https://sam.gov/ and enter all mandatory information into the system. Contractors must be registered in SAM at the time of award and should be registered at the time of the proposal submission.

(j) Contractor Normal Work Hours:

The contractor work hours are from 8:00AM to 4:30PM, Monday through Friday, excluding federal holidays. Federal holidays that fall on a non-workday; Saturday or Sunday, the holiday usually is observed on Monday if the holiday is on Sunday or on Friday if the holiday is on Saturday. The contractor may request authorization from the Contracting Officer to work an alternative schedule or on holidays. However, the Contracting Officer reserves the right to deny or authorize the contractor’s request at his or her discretion considering the best interests of the Government. All federal holidays are observed as non-workdays. Federal holidays can be found on the following web site: http://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays. These days will be identified during the pre-construction meeting.

(k) Bidders are reminded to sign and return VAAR 852.219-77 VA Notice of Limitations on Subcontracting – Certificate of Compliance for Services and Construction (SEPT 2021) (DEVIATION)

(l) Design Firm cannot receive the construction contract award.

VHA COVID-19 Masking Guidance We anticipate releasing an updated VHA COVID-19 Operational Plan that will create new baseline standards that reflect the current COVID-19 reality while simultaneously providing tools and flexibilities for our facilities to respond appropriately to potential future COVID-19 outbreaks.

This masking guidance is in line with the latest CDC guidance and based on the hard lessons we have learned over the last three years, while reflecting input from all levels of the organization.

Effective immediately, masking continues to be required for staff, Veterans, and visitors while in the high-risk areas listed below, including waiting areas:

· Transplant units

· Dialysis

· Chemotherapy units

· ED & urgent care

· Open Bay Medical ICUs

· SCI and CLC (staff and visitors only) Staff may remove masks in these high-risk areas only under the following circumstances:

· they are not in a patient room;

· they are not within six feet of a Veteran in a congregate area (e.g., shared meals in CLC); or

· they are not within six feet of a patient in an open treatment area/room.

Masking also continues to be required:

· for those with a suspected or confirmed COVID-19 infection or other viral respiratory infection;

· for VA staff during clinical encounters when requested by a Veteran, caregiver or family member; or

· where local leadership warrants continued masking is required.

Masking is no longer universally required in the following locations:

· Acute inpatient medical/surgical units

· Acute inpatient mental health units

· Intensive care units with closed rooms

· Clinical areas where aerosol generating procedures are performed

· Laboratories collecting or handling specimens from known or suspected COVID-19 patients (e.g., areas where staff are manipulating cultures from known or suspected COVID-19 patients)

· Congregate settings and bedded residential settings (e.g., blind rehab, residential mental health, homeless shelters)

· Outpatient areas where a significant proportion of patients have high-risk for complication In addition, VHA is updating its COVID-19 Testing Guidebook and will no longer require routine testing for ambulatory procedures or for Veterans leaving and returning to a closed congregate setting. Surveillance testing for CLC and SCI-D Staff is no longer required in all circumstances. Additional guidance will be included in VHA’s updated COVID-19 Testing Guidebook.

Page 1 of

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

(a) Solicitation materials consisting of drawings, specifications and other information may be obtained from the Contract Opportunities (formerly FedBizOpps) website:

https://sam.gov/ An Offerors mailing list WILL NOT BE prepared by the Contracting Officer.

SOLICITATION AMENDMENTS: Amendments to the solicitation will be posted at https://sam.gov/ Paper copies of the amendments will NOT be individually mailed. 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) A bid guarantee is required in an amount not less than 20 percent of the proposal price but shall not exceed $3,000,000, whichever is less. Irrevocable Letter of Credit (ILC) may be submitted in lieu of a bid bond. Failure to furnish the required bid guarantee in the proper form and amount, by the proposal due date, will require rejection of the proposal in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then.

(c) The awardee for this procurement will be required to furnish two bonds, a Payment Bond, SF 25A, and a Performance Bond, SF 25. See FAR Clause 52.228-15 Performance and Payment Bonds—Construction.

Magnitude of Construction: $500,000 - $1,000,000.

(d) CONTRACTOR RESPONSIBILITY:

Safety or Environmental Violations and Experience Modification Rate “All 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 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.

All Offerors shall submit information regarding their current Experience Modification Rate (EMR). This information shall be obtained from the offeror’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 must 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 shall obtain their EMR rating from their state-run worker’s compensation insurance rating bureau.

(e) TRAINING:

All employees of the Prime Contractor and Subcontractors shall have the 10-hour OSHA certified construction safety course. The Prime Contractor’s competent site superintendent and any ‘foreman’ of the subcontractor(s) shall have completed the 30-hour OSHA certified construction safety course. Documentation of training shall be submitted to the Contracting Officer for review and approval prior to any work being performed. Failure to present the proper training documentation will result in the individual being removed from the job; the individual may only return after the proper documentation has been provided. There shall be no exceptions to this requirement.

(f) KEYS: All keys provided to the Contractor or any subcontractor for use during the project shall be returned to the Contracting Officer's Representative (COR) at completion of the work or upon request. No keys shall be reproduced by the Contractor or any subcontractor. There will be a $10 charge for each key that is lost or not returned to the COR.

(h) System for Award Management (SAM):

Federal Acquisition Regulations require that federal contractors register in the System for Award Management (SAM) database, https://sam.gov/ and enter all mandatory information into the system. Contractors must be registered in SAM at the time of award and should be registered at the time of the proposal submission.

(j) Contractor Normal Work Hours:

The contractor work hours are from 8:00AM to 4:30PM, Monday through Friday, excluding federal holidays. Federal holidays that fall on a non-workday; Saturday or Sunday, the holiday usually is observed on Monday if the holiday is on Sunday or on Friday if the holiday is on Saturday. The contractor may request authorization from the Contracting Officer to work an alternative schedule or on holidays. However, the Contracting Officer reserves the right to deny or authorize the contractor’s request at his or her discretion considering the best interests of the Government. All federal holidays are observed as non-workdays. Federal holidays can be found on the following web site: http://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays. These days will be identified during the pre-construction meeting.

(k) Bidders are reminded to sign and return VAAR 852.219-77 VA Notice of Limitations on Subcontracting – Certificate of Compliance for Services and Construction (SEPT 2021) (DEVIATION)

(l) Design Firm cannot receive the construction contract award.

VHA COVID-19 Masking Guidance We anticipate releasing an updated VHA COVID-19 Operational Plan that will create new baseline standards that reflect the current COVID-19 reality while simultaneously providing tools and flexibilities for our facilities to respond appropriately to potential future COVID-19 outbreaks.

This masking guidance is in line with the latest CDC guidance and based on the hard lessons we have learned over the last three years, while reflecting input from all levels of the organization.

Effective immediately, masking continues to be required for staff, Veterans, and visitors while in the high-risk areas listed below, including waiting areas:

· Transplant units

· Dialysis

· Chemotherapy units

· ED & urgent care

· Open Bay Medical ICUs

· SCI and CLC (staff and visitors only) Staff may remove masks in these high-risk areas only under the following circumstances:

· they are not in a patient room;

· they are not within six feet of a Veteran in a congregate area (e.g., shared meals in CLC); or

· they are not within six feet of a patient in an open treatment area/room.

Masking also continues to be required:

· for those with a suspected or confirmed COVID-19 infection or other viral respiratory infection;

· for VA staff during clinical encounters when requested by a Veteran, caregiver or family member; or

· where local leadership warrants continued masking is required.

Masking is no longer universally required in the following locations:

· Acute inpatient medical/surgical units

· Acute inpatient mental health units

· Intensive care units with closed rooms

· Clinical areas where aerosol generating procedures are performed

· Laboratories collecting or handling specimens from known or suspected COVID-19 patients (e.g., areas where staff are manipulating cultures from known or suspected COVID-19 patients)

· Congregate settings and bedded residential settings (e.g., blind rehab, residential mental health, homeless shelters)

· Outpatient areas where a significant proportion of patients have high-risk for complication In addition, VHA is updating its COVID-19 Testing Guidebook and will no longer require routine testing for ambulatory procedures or for Veterans leaving and returning to a closed congregate setting. Surveillance testing for CLC and SCI-D Staff is no longer required in all circumstances. Additional guidance will be included in VHA’s updated COVID-19 Testing Guidebook.

SCOPE OF WORK

Project No. 528A5-21-508 Replace Above Ground Fuel Storage Tanks Canandaigua VA Medical Center, 400 Fort Hill Avenue Canandaigua, NY 14424 And Bath VA Medical Center, 76 Veteran’s Avenue Bath, NY 14810

The general scope of this project is to replace Eight single above ground fuel tanks with Eight Modified Double-walled tanks at the Canandaigua VAMC & Bath VAMC. The fuel tanks provide emergency backup fuel source to the boilers and generators. They range in size from 550 gallons to 2000 gallons. The contractor is responsible on removing the existing Aboveground Storage Tanks which included under the scope of this project, keep the existing concrete slab to be repaired as going to be specified by the COR, the new AST has to be UL listed double wall steel tanks and the contractor must follow all the related VA design guides along with meeting all the national and the local codes including but not limited to UL and NFPA, demolishing work will include but not limited to demolishing the existing ASTs, piping, fittings and (3) fuel pumps and the Wood Framed Canopy I Canandaigua VAMC and any other required items to be replaced, please refer to the specifications for more details. The new work shall include but not limited to supplying and installing the new double wall ASTs with any required associate piping, fittings, and (3) new fuel pumps and any required concrete work as specified in the design documents. The Contractor is responsible for completion of all paperwork to transfer registration of the old tanks to the new and the removal and disposal of the old tanks and any paperwork associated with the disposal of these tanks.

Containers

Aboveground Storge Tank (AST) Canandaigua VAMC

Aboveground Storge Tank (AST) Bath VAMC

EXISTING CONDITIONS

The Canandaigua & Bath VAMC’s are part of the Finger Lakes VA Network located at 400 Fort Hill Avenue, Canandaigua, NY 14424 & 76 Veterans Avenue, Bath NY 14810. The layouts are campus with more than 30 buildings located on over 20 acres on each site. Normal working hours are Monday – Friday 8:00am – 4:30pm. The current ultra-low sulfur diesel fuel tanks are past the estimated replacement date and need immediate replacement. The current fuel tanks are above ground single wall steel tanks and the fuel supply and return lines are underground and above ground.

GENERAL

A. The contractor shall be responsible for all labor, supervision, and materials required to perform the work as indicated in the scope of work, specifications, and drawings.

B. All of the work is to be performed during normal business hours, however if any work is determined to be needed off hours the contractor must inform the COR.

C. The contractor is responsible for all site verification and field measurements; the contractor is responsible to verify the disconnection and connection point as shown in the project document and coordinate with the COR all the project requirements, the Government will not be held responsible for bidding errors made or the failure to adequately inspect the job site for existing conditions, dimensions and grades or existing utilities. The contractor is responsible for verifying all utilities through any resource necessary. All bidders are strongly encouraged to inspect the job site prior to submitting bids. The government has provided a rough estimate of square footage.

D. Any existing feature disturbed (removed, damaged, etc.) by the contractor during the performance of this contract shall be restored to similar or better condition by the contractor at the contractors’ expense. This includes walls, doorways, doors, trim work, and other miscellaneous items located in the building, sidewalks, grassed areas, and parking lots.

E. During the entire duration of work performed, the contractor shall at all times, maintain at least one lane for emergency traffic. This includes any placement of project equipment and anywhere work is being performed.

F. The VAMC Project COR shall govern all work done during project duration. Disputes shall be promptly referred to the Contracting Officer, (CO). The contractor will immediately correct any work in which the Project COR deems unacceptable or not in accordance with plans and/or specifications.

G. The contractor will not be allowed to stage material outside of the designated renovation area. All material will be stored in an approved location by the COR. All storage areas and refuse (roll offs) shall be fenced in with a minimum of 6’ high, chain link fence.

H. The contractor will at all times comply with the attached ICRA standards.

I. The contractor shall always provide a secure construction site. In any area that is closed due to construction, including any time the corridor is partially closed, a passage door with a handle that locks and is cored to a best system X-6 must be installed and secured. These areas shall also include contractor storage areas with man door access. Construction supply trailers will be padlocked and always secured. Padlocks and hasps will not be allowed as a means of security. Also, the access door shall be always locked, even during construction.

J. The contractor is responsible to complete Tank Replacement per individual tank with maximum 8 hours shutdown per each tank and Tanks must be on-site before work is to commence. The contractor is responsible to provide Vacuum/ pumping truck to be used to empty the existing tank and supply fuel for the shutdown hours and refiled the new tanks with fuel removed from existing tank(s)

2.2 Demolition

A. Contractor is responsible for all costs associated with the demolition of this project, including removal of excess masonry material, metals, and other miscellaneous items that may be encountered.

2.3 Concrete/Masonry

2.4 Metals

A.

During concrete work, dust shall be always contained, both interior and exterior. The contractor, as stated earlier, shall comply with all requirements in the ICRA standard. This includes as a minimum: barriers, ventilation, negative pressurization, and dust mats at entrances.

B. The slab of Tanks 12A and 14A in Bath must be demolished and reconstructed, the contractor is responsible on felid verification, measurement, and all related work to construct the new slab that will meet the load requirement and all the design codes.

C. The new slab is to be 6” thick, refer to drawings for actual dimensions of trench style slab. The size of the slab will be determined based upon the tank size approved by the COR. The slab may be approximately 10’ wide by 16’ long.

D. The existing concrete slab associated with the other ASTs in Canandaigua and Bath VA to be field verified, evaluated and repaired/ patched and prepared for the new replacement tanks.

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A. Open flame cutting of any material will not be allowed. Cutting of metal will be by sheer only.

B. All metal fabrication and anchoring will be submitted to the COR for approval.

C. The contractor shall plan for any rigging and craning equipment needed, prepare a detailed plan with days and costs associate and coordinate with the COR upon when the crane will be onsite.

3.0 Period of Performance

A. The period of performance for this contract shall be 180 days from NTP.

B. The contractor shall at all times be in coordination with other projects on going in the area and it shall not affect the contract duration of this project.

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

(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 TBD, 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 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021)

(a) Offerors shall obtain from each person acting as an individual surety on a bid guarantee—

(1) A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203–1; and

(2) Standard Form 28, Affidavit of Individual Surety.

(b) The Offeror shall include with its offer the information required at paragraph (a) of this provision within the timeframe specified in the provision at FAR 52.228–1, Bid Guarantee, or as otherwise established by the Contracting Officer.

(c) The Contracting Officer may release the security interest on the individual surety’s assets in support of a bid guarantee based upon evidence that the offer supported by the individual surety will not result in contract award.

(End of Provision)

2.7 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:

IDALIA ALGARIN

idalia.algarin@va.gov Hand-Carried Address:

Mailing Address:

email: idalia.algarin@va.gov

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

2.8 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, October 26, 10am @ Bath, NY and 1pm Canandaigua, NY

(c) Participants will meet at— Bath VAMC BLDG 29A Room 211/Canandaigua BLDG 118 ROOM 5C (End of Provision)

2.9 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)

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

(End of Clause)

2.11 VAAR 852.233-71 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:

2.12 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)

2.13 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY NOTICE (FEB 2023)

(a) Any offeror responding to this solicitation must comply with established VA Information and Communication Technology (ICT) (formerly Electronic and Information (EIT)) accessibility standards. Information about Section 508 is available at http://www.section508.va.gov/.

(b) The Section 508 accessibility standards applicable to this solicitation are stated in the clause at 852.239–75, Information and Communication Technology Accessibility.