36C24224Q0219.docx

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Z1DA--528A7-23-181 Air Monitoring-Asbestos
Solicitation number
36C24224Q0219
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This is a solicitation for asbestos air monitoring services for a project at the Syracuse VA Medical Center. The solicitation requires a third party contractor to provide air monitoring and quality assurance during asbestos abatement of laboratory areas involving removal of floor tile mastic, countertops, exhaust hood insulation, and thermal piping insulation. The contractor must have New York State asbestos project monitor and air monitor certifications. Services include reviewing abatement plans, conducting background, pre-abatement, abatement, and post-abatement air sampling using PCM or TEM methods, reporting results within 24 hours, and providing final documentation within seven days of completion. The period of performance is 30 days of onsite monitoring coordinated with the abatement schedule. Pricing shall be submitted for plan review, air monitoring technician for 30 days, air sampling, and documentation. The response date is January 18, 2024.

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SUBJECT*

528A7-23-181 Air Monitoring-Asbestos

GENERAL INFORMATION

CONTRACTING OFFICE’S ZIP CODE*
10548-1454
SOLICITATION NUMBER*
36C24224Q0219
RESPONSE DATE/TIME/ZONE
01-18-2024 11:00 EASTERN TIME, NEW YORK, USA
ARCHIVE
60 DAYS AFTER THE RESPONSE DATE
RECOVERY ACT FUNDS
N
SET-ASIDE
SDVOSBC
PRODUCT SERVICE CODE*
Z1DA
NAICS CODE*
238990
CONTRACTING OFFICE ADDRESS
Department of Veterans Affairs

Network Contracting Office 2 Franklin D. Roosevelt VA Medical Center 2094 Albany Post Road Montrose NY 10548-1454

POINT OF CONTACT*

Contract Specialist Lester S Griffith Lester.Griffith@va.gov

PLACE OF PERFORMANCE

ADDRESS
Department of Veterans Affairs

Syracuse VAMC

800 Irving Ave

Syracuse New York

POSTAL CODE
13210
COUNTRY
USA

ADDITIONAL INFORMATION

AGENCY’S URL
https://vaww.visn2.va.gov/syracuse/index.asp
URL DESCRIPTION
Department of Veterans Affairs
AGENCY CONTACT’S EMAIL ADDRESS
Contracting Officer
EMAIL DESCRIPTION
LESTER.GRIFFITH@VA.GOV

DESCRIPTION

The Syracuse VA Medical Center has an upcoming renovation, project #528A7-23-181 Abate 3rd Floor C Wing, that requires disturbance and abatement of asbestos containing materials (ACM) and therefore requires that a 3rd party asbestos air monitoring contractor provide all labor, tools, materials, transportation, and supervision to perform quality assurance and air monitoring during the ACM removal. The abatement being completed under project #528A7-23-181 Abate 3rd Floor C Wing involves the laboratory area in C301, C301A Mechanical Room, C303, A145, A146 and A147.

(a) Bidding materials consisting of Invitation for Bids, drawings, specifications, and contract forms will be available on http://www.sam.gov in electronic format only. All interested parties (subs & primes) should register at http://www.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.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)

BID SUBMISSION

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

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

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

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

(d) Buy American Certificate.

(e) Limitations in Subcontractors Compliance Certificate

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

1) All Bidders/Offerors shall submit the following information pertaining to their past Safety and Environmental record. The information shall contain, at a minimum, a certification that the bidder/offeror has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or any EPA violation(s) in the past three years.

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

3) Self-insured contractors or other contractors that cannot provide their EMR rating on insurance letterhead may obtain a rating from the National Council on Compensation Insurance, Inc. (NCCI) by completing/submitting form ERM-6 and providing the rating on letterhead from NCCI. Note: Self-insured contractors or other contractors that cannot provide EMR rating on insurance letterhead from the states or territories of CA, DE, MI, NJ, ND, OH, PA, WA, WY, and PR will obtain their EMR rating from their state run worker’s compensation insurance rating bureau.

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

DELIVERY OF BIDS

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

Les Griffith at lester.griffith@va.gov

The solicitation number and project title must be provided in the subject line of the email

INSTRUCTIONS TO BIDDERS

A public bid opening will be held on Thursday, January 18, 2024 @ 11:30 PM (EST), via Microsoft Teams conference call. To access the virtual bid open, the call-in number (audio only) is 347-566-4838. The phone conference ID is 479 362 931#. Please dial in approximately five to ten minutes prior to the official bid open time.

Bids received after this time will be rejected.

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

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

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

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

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

GENERAL INTENTION

Contractor shall provide the labor and materials to include, but not limited to the provided drawings and specifications for the 528A7-23-181 Air Monitoring-Asbestos project located at the Syracuse VA Medical Center. The period of performance is 30 calendar days from receipt of Notice to proceed.

SITE VISIT

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

There will only be one (1) organized site visit. It will be held on Monday, January 08, 2024 @ 11:00 AM (EST). Participants will meet at the Syracuse VAMC lobby and will sign in at the front desk to receive a visitor’s badge. Please bring a government issued photo ID.

Masks are optional for all personnel. Masks must be FDA approved.

Entry into the Medical Center shall be through the main entrance on Irving Ave. Parking will be on-street as available only. Parking in the Garage or other designated spaces is not allowed. Street parking is metered by the City of Syracuse. Allow ample time to find parking.

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 lester.griffith@va.gov.

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

The deadline for submission of RFIs for this solicitation is January 12, 2023 at 2:00 PM (EST). No questions will be answered after this date/time unless determined to be in the best interest of the Government as determined by the Contracting Officer. Telephone RFIs will not be accepted or returned.

BASIS FOR AWARD

Contract award will be made using FAR Part 14 Sealed bidding procedures, selecting the responsive, responsible bidder whose bid is conforming to the invitation for bids, will be most advantageous to the Government, considering only price and the price-related factors included in the invitation. The selected bid must be determined to be a fair and reasonable price.

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.

CONSTRUCTION MANAGEMENT PLATFORM REQUIREMNT

A. Construction contractors and A/E design firms, selected by award to perform work at VISN 2 VA facilities, are required to utilize VISN 2 Autodesk Build Construction management platform, also called Autodesk Construction Cloud (ACC). Access to the platform and training portal will be provided by VISN 2 through project Contracting Officer Representative (COR) at no cost for the duration of the project. Autodesk Build is the management and collaborative environment that VISN 2 uses for all its Non-Recurring Maintenance (NRM), Minor Program projects, Feasibility Studies, Commissioning and Retro-Commissioning contracts. There is no user, license, or subscription fee to the contractor for using this cloud-based platform.

B. Contractor shall accomplish and complete the following tasks upon award of contract:

1. Request access to ACC platform and ProductivityNOW eLearning Site to project VA COR NLT 14 days from contract award.

2. Only staff that shall utilize the platform to be granted access. Examples: Project manager, sub-contractors POC, Site manager, Safety officer, etc.

3. The access request shall be in writing and include a list of staff. The list shall include the following information:

•Full Name
•Company Name
•Email Address
•Role/Position on the project (i.e., Project manager, site super)

4. Upon granting access, staff shall complete required ACC training through ProductivityNOW platform within 12 Calendar days.

5. Upon successful completion of training, contractor shall submit certificates of completion to COR NLT 2 business days.

C. Access to ProductivityNOW eLearning will expire after 12 Calendar days after online access is granted. Contractor shall complete ACC training within that period.

D. Additional Staff and Subcontractors can be added at any time with a request submission to the project COR as described above.

E. The contractor shall only use the ACC platform for contract required submissions, official project correspondence to be acknowledged, reviewed, and actioned by the responsible party. No additional time shall be added to the contract, nor an increase in contract amount be provided for the contractor’s failure to utilize the ACC platform as the project’s official communication and collaboration system. Any correspondence out of platform shall not be the governing authority contradicting direction and will be at the contractor’s expense. Official project correspondence and collaboration includes but not limited to: RFIs, submittals, schedules, shutdown requests, actionable tasks, reports, testing, safety inspections, photos, and site surveys.

F. Contractor must inform the COR of any staff changes NLT 2 business days from the change. Staff changes pertains to staff who was granted access to the ACC platform. Contractor shall request termination of access, replacement of personnel and/or any other action that might impact the contractor ability to maintain required utilization of the platform.

G. Contractor submission requirements cannot be accepted for work to begin without meeting all ACC Platform requirements outlined herein, including completing required ACC platform training.

A.1 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008) The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the Web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer.

[Contracting officer shall list all FAR and 48 CFR Chapter 8 (VAAR) provisions and clauses incorporated by reference that must be completed by the offeror or prospective contractor and submitted with the quotation or offer.] (End of Provision)

FAR Number
Title
Date
52.222-1
NOTICE TO THE GOVERNMENT OF LABOR DISPUTES
FEB 1997

A.2 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS—OVERTIME COMPENSATION (MAY 2018)

(a) Overtime requirements. No Contractor or subcontractor employing laborers or mechanics (see Federal Acquisition Regulation 22.300) shall require or permit them to work over 40 hours in any workweek unless they are paid at least 1 and 1/2 times the basic rate of pay for each hour worked over 40 hours.

(b) Violation; liability for unpaid wages; liquidated damages. The responsible Contractor and subcontractor are liable for unpaid wages if they violate the terms in paragraph (a) of this clause. In addition, the Contractor and subcontractor are liable for liquidated damages payable to the Government. The Contracting Officer will assess liquidated damages at the rate specified at 29 CFR 5.5(b)(2) per affected employee for each calendar day on which the employer required or permitted the employee to work in excess of the standard workweek of 40 hours without paying overtime wages required by the Contract Work Hours and Safety Standards statute (found at 40 U.S.C. chapter 37). In accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 Note), the Department of Labor adjusts this civil monetary penalty for inflation no later than January 15 each year.

(c) Withholding for unpaid wages and liquidated damages. The Contracting Officer will withhold from payments due under the contract sufficient funds required to satisfy any Contractor or subcontractor liabilities for unpaid wages and liquidated damages. If amounts withheld under the contract are insufficient to satisfy Contractor or subcontractor liabilities, the Contracting Officer will withhold payments from other Federal or Federally assisted contracts held by the same Contractor that are subject to the Contract Work Hours and Safety Standards statute.

(d) Payrolls and basic records.

(1) The Contractor and its subcontractors shall maintain payrolls and basic payroll records for all laborers and mechanics working on the contract during the contract and shall make them available to the Government until 3 years after contract completion. The records shall contain the name and address of each employee, social security number, labor classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. The records need not duplicate those required for construction work by Department of Labor regulations at 29 CFR 5.5(a)(3) implementing the Construction Wage Rate Requirements statute.

(2) The Contractor and its subcontractors shall allow authorized representatives of the Contracting Officer or the Department of Labor to inspect, copy, or transcribe records maintained under paragraph (d)(1) of this clause. The Contractor or subcontractor also shall allow authorized representatives of the Contracting Officer or Department of Labor to interview employees in the workplace during working hours.

(e) Subcontracts. The Contractor shall insert the provisions set forth in paragraphs (a) through (d) of this clause in subcontracts that may require or involve the employment of laborers and mechanics and require subcontractors to include these provisions in any such lower tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower-tier subcontractor with the provisions set forth in paragraphs (a) through (d) of this clause.

(End of Clause)

A.3 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2020)

(a) Definition. Small business concern, as used in this clause—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(2) Affiliates, as used in paragraph (a)(1) of this clause, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) Applicability. This clause applies only to—

(1) Contracts that have been totally set aside for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(End of Clause)

FAR Number
Title
Date
52.204-9
PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL
JAN 2011
52.219-9
SMALL BUSINESS SUBCONTRACTING PLAN ALTERNATE I (NOV 2016)
SEP 2023

A.4 52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are—

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405–5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are—

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405–5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause— [X] By the end of the base term of the contract and then by the end of each subsequent option period; or [] By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

(End of Clause)

FAR Number
Title
Date
52.219-16
LIQUIDATED DAMAGES—SUBCONTRACTING PLAN
SEP 2021

A.5 52.223-20 AEROSOLS (JUN 2016)

(a) Definitions. As used in this clause— Global warming potential means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide's global warming potential is defined as 1.0.

High global warming potential hydrofluorocarbons means any hydrofluorocarbons in a particular end use for which EPA's Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables of alternatives available at (http://www.epa.gov/snap/).

Hydrofluorocarbons means compounds that contain only hydrogen, fluorine, and carbon.

(b) Unless otherwise specified in the contract, the Contractor shall reduce its use, release, or emissions of high global warming potential hydrofluorocarbons, when feasible, from aerosol propellants or solvents under this contract. When determining feasibility of using a particular alternative, the Contractor shall consider environmental, technical, and economic factors such as—

(1) In-use emission rates, energy efficiency;

(2) Safety, such as flammability or toxicity;

(3) Ability to meet technical performance requirements; and

(4) Commercial availability at a reasonable cost.

(c) The Contractor shall refer to EPA's SNAP program to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables available at http://www.epa.gov/snap/.

(End of Clause)

FAR Number
Title
Date
52.236-1
PERFORMANCE OF WORK BY THE CONTRACTOR
APR 1984
52.242-5
PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS
JAN 2017

VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(l)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) [] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) [] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) [X] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(3) If VA determines that an SDVOSB/ VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating 18 U.S.C. 1001.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee: ___________ Printed Title of Signee: _____________ Signature: ____________ Date: ______________ Company Name and Address: _______________ (End of Clause) Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

*= Required Field
Combined Synopsis/Solicitation Notice

Combined Synopsis/Solicitation Notice

FAR Number
Title
Date
852.204-70
PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL
MAY 2020

Statement of Work Project Name: Asbestos Air Monitoring for 3rd Floor C Wing Project No. 528A7-23-181 Project Address: Syracuse VA Medical Center, 800 Irving Ave Syracuse, NY 13210 Building 1

PART 1: GENERAL

The Syracuse VA Medical Center has an upcoming renovation, project #528A7-23-181 Abate 3rd Floor C Wing, that requires disturbance and abatement of asbestos containing materials (ACM) and therefore requires that a 3rd party asbestos air monitoring contractor provide all labor, tools, materials, transportation, and supervision to perform quality assurance and air monitoring during the ACM removal. The abatement being completed under project #528A7-23-181 Abate 3rd Floor C Wing involves the laboratory area in C301, C301A Mechanical Room, C303, A145, A146 and A147 and will include: 1) Abatement of all known and unforeseen asbestos containing materials, including any remaining asbestos insulation in the horizontal pipe in the ceiling and vertical pipe in the wall chases, as well as removal and disposal of any PCBs and other hazardous materials. Remove suspected asbestos floor tile mastic (approximately 790 gsf), asbestos countertops (approximately 175 sf), exhaust hood and thermal piping insulation (approximately 210 LF). Do not remove any fire protecting system components or piping.

GENERAL REQUIREMENTS

A. The 3rd party asbestos air monitoring contractor shall be independent of, and not affiliated with, the asbestos abatement contractor.

B. Place of Performance: Syracuse VA Medical Center 800 Irving Ave.

Syracuse, NY 13210 C. Period of Performance: Onsite air monitoring services for 30 days.

D. Onsite parking is not available. In the event that the Contractor parks on VA property without prior authorization, the Contractor will be held responsible for all damages incurred.

E. The awardee will be provided the Asbestos Abatement Work Plan (AAWP). This contract will be to ensure the Asbestos Abatement Contractor is completing the work properly and in accordance with the associated AAWP.

F. The AAWP and this contract shall be in full accordance with all applicable federal, state and local laws, rules and regulations including the following regulations, guidance, and documents as follows:

0. Occupational Safety and Health Administration (OSHA) Title 29 Code of Federal regulations (CFR) Part 1910.1001 - Asbestos, General Industry Standard.

1. OSHA Title 29 CFR Part 1926.1101 – Asbestos, Construction Standard.

2. United States Environmental Protection Agency (US EPA) Title 40 CFR Part 763 - Worker Protection Rule, Asbestos-In-Schools Rule, Asbestos Hazard Emergency Response Act (AHERA), AHERA - Model Accreditation Plan, and Asbestos Ban and Phase Down Rule.

3. US EPA Title 40 CFR Part 61 - National Emission Standards for Hazardous Air Pollutants (NESHAP).

4. OSHA Title 29 CFR Part 1910.134 - Respiratory Protection Standard.

5. Other sections of OSHA Title 29 CFR 1910 (Occupational Safety and Health) and OSHA Title 29 CFR 1926 (Safety and Health Regulations for Construction) that are applicable to this project.

6. New York State Department of Labor Title 12 New York Code Rules, and Regulations (NYCRR) Industrial Code Rule 56 - Asbestos.

1.03 LICENSING, NOTIFICATION AND DOCUMENTATION

A. Within 10 days of award the Contractor shall submit to the Contracting Officer’s Representative (COR) a valid New York State Asbestos Training Certificate as an Asbestos Project Monitor and Inspector issued by the New York State (NYS) Commissioner of Labor per Title 12 New York Code, Rules and Regulations (NYCRR) Part 56. Contractor employees shall carry the certificate at all times while working on each and every project.

B. Within 10 days of award the Contractor shall submit to the Contracting Officer’s Representative (COR) to perform and/or collect air samples in this asbestos air monitoring project a valid New York State Asbestos Training Certificate as an Asbestos Project Air Monitor issued by the New York State (NYS) Commissioner of Labor per Title 12 New York Code, Rules and Regulations (NYCRR) Part 56 of the individuals that will be performing the air sampling. Contractor employees shall carry the certificate at all times while working on each and every project.

C. The air monitor shall submit air-monitoring samples for analysis to an accredited laboratory that is independent of and not affiliated with the asbestos air monitoring contractor and is independent of and not affiliated with the asbestos abatement contractor. The laboratory must be approved by the New York State Department of Health Environmental Laboratory Approval Program (NYSDOH ELAP) for the selected asbestos analysis methodology.

1.04 SUBMITTALS

A. One electronic submittal, containing the following, shall be emailed to the Contracting Officer for review/approval. The Project COR will provide a review/response of the submittal within fourteen (14) days from the date it was received. Submit the following;

1. Contractor’s asbestos training certificates for individuals performing the tasks.

2. Laboratories’ accreditation certificate for air sampling asbestos analysis.

3. Projects satisfactorily completed determination.

4. Monitoring project final report.

PART 2: SCOPE OF WORK

2.01 GENERAL

A. The contractor shall review the asbestos abatement contractor’s Asbestos Abatement Work Plan (AAWP), to include all its attachments, and obtain and/or verify all measurements and project data/information required to perform this contract. In addition, the contractor is required to review all Project Monitoring contract documents and provide written notice to the Contracting Officer of any discrepancies that are found. It is anticipated that the asbestos abatement removal will take 10 working days to complete and will be one single phase. Abatement is intended to take place during normal business hours 0700-1530 and shall be an 8-hour shift. The air monitor contract will be coordinated with the approved schedule of project #528A7-23-181 Abate 3rd Floor C Wing.

2.02 AIR SAMPLING REQUIREMENTS

A. Background air sampling (prior to start of project), pre-abatement air sampling (area preparation), abatement air sampling (work in progress), and post-abatement (clearance) air sampling. The general air sampling shall be performed IAW Title 12 NYCRR Part 56. Sample analysis shall be performed using Phase Contrast Microscopy (PCM) using NIOSH 7400 methodology. If Transmission Electron Microscopy (TEM) is required, i.e., where the use of PCM has resulted in fiber counts that exceed the air clearance levels acceptable under Title 12 NYCRR Part 56, TEM may be utilized to obtain a more accurate asbestos fiber count. Where such election is made, both the PCM and TEM results must be made available to the COR. The analysis shall be performed in accordance with the procedures described in 40 CFR Part 763, Appendix A to Subpart E. Collect the general air samples, have them analyzed by the accredited laboratory and shall verbally report the results directly to the COR as soon as the results are available, typically less than 24 hours after the sample was submitted to the laboratory. Final written reports are due to the COR within 72 hours of sample collection, with copies provided to the abatement contractor. Ensure proper chain of custody records for all sampling performed.

B. In the event that air monitoring results show an airborne fiber concentration which exceeds 0.01 fibers/cubic centimeter (f/cc) or the background level, whichever is greater, the COR shall be notified and the COR shall make all necessary notifications so corrective action may begin. The notification to the COR shall occur at the same time the sampling results are provided (i.e.: within 24 hours of sample collection).

2.03 REQUIREMENTS AND AUTHORITY

A. This contract shall monitor the asbestos abatement contractor to assure any asbestos abatement work is performed in accordance with the asbestos abatement work plan and all applicable federal, state and local laws, rules, regulations and guidance including OSHA, EPA, NYS and Syracuse VA Medical Center requirements. Immediately notify the COR if the abatement plan is not being adhered to or if discrepancies are discovered.

B. Daily reports shall be prepared, maintained and submitted on a daily log of all on-site asbestos abatement activities to include, but is not limited to, number of workers, description and quantity of work performed, hours worked, weather conditions, visitors to the site, unusual events, inspections performed, air samples taken, air sample analysis results received, photograph documentation and any other appropriate and pertinent information. Provide the original version of these logs to the Syracuse VAMC COR with the project’s final report.

C. The asbestos abatement project shall be deemed satisfactorily completed when the requirements of the project’s asbestos abatement work plan have been met and, when clearance air sampling is completed and post-abatement air sampling results are below 0.01 fibers of asbestos per cubic centimeter, or the background level, whichever is greater. A post abatement inspection will be required with the Air Monitor, COR, Abatement Contractor and the General Contractor (Serviam Construction). This inspection request should be generated by the Abatement Contractor through the General Contractor (Serviam Construction).

D. A final written report shall be provided to the COR and shall include summary of the work performed by the abatement contractor, post demobilization visual inspection results including damage punch-list, and the original version of the daily logs. The final report shall be submitted within seven (7) calendar days after the asbestos abatement contractor has demobilized. All records shall be maintained as required by state and federal regulations. This contract shall be completed within seven (7) calendar days after the determination has been made that the asbestos abatement project no longer requires asbestos abatement work and the asbestos abatement contractor has demobilized all asbestos abatement equipment and personnel.

2.04 PRICING

A. Pricing shall be submitted as follows:

1. CLIN 001 – Provide review of Asbestos Abatement Contractor’s Asbestos Abatement Work Plan (AAWP) submittals with required ACM survey and drawing HA-101 provided under project #528A7-23-181 Abate 3rd Floor C Wing.

2. CLIN 002 – Provide a certified Air Monitoring Technician for 30 days.

3. CLIN 003 – Provide all necessary air monitoring sampling per 12 NYCRR 56 for a Large Asbestos Project with Small Asbestos tent enclosures at pipe chases.

4. CLIN 004 – Provide all required project documentation noted within this document and as required by 12 NYCRR 56, including final report and daily logs.

See attached document: (P07) Wage Determination.

See attached document: 100_ Drawings 528A7-23-181 Abate 3rd Floor C-Wing_V2.

See attached document: 852.219-77 VA Notice of Limitations on Subcontracting.

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