36C24424B0004_1.docx

36C24424B0004

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.

36C24424B0004 X 05-02-2024 542-21-201 00244 Department of Veterans Affairs Network Contracting Office 4 Coatesville VA Medical Center 1400 Blackhorse Hill Road Coatesville

PA

19320 c/o Everett Shaver everett.shaver@va.gov

Everett Shaver 570-846-1646 Remove Underground Fuel Storage Tank E-85 | Project #542-21-201

This project is for the removal of the E-85 Fuel Underground Storage Tank (UST) between Buildings 12 and 13 accordance with the drawings and specifications. See Statement of Work for details.

The contractor shall provide all labor, materials, tools, equipment, permits, testing, and reports required to complete the work.

Prior to commencement of work, general contractor shall provide proof that an OSHA certified "competent person' (CP) will maintain a presence at the work site whenever the general or subcontractors are present.

In accordance with FAR 52.228-5 Insurance, Work on Government Installation, proof of liability insurance is required within ten (10) days after award of the contract for this project in the form of a certificate.

This solicitation include Brand Name or Equal Product Veeder-Root. Or Eqaul products must be submitted to the above Contracting Officer for evaluation five days prior to bid opening. See Provision 52.211-6 for salient characterisctis

This project is 100% set-aside for Service-Disabled Veteran-Owned Small Business Concerns. Bidders must be verified as an SDVOSB with the Small Business Administration (SBA) on https://veterans.certify.sba.gov/

The North American Industry Classification (NAICS) Code for this project is 236220. The small business size standard is $45 million.

The magnitude of construction is between $250,000.00 and $500,000.00

Award will be made to the responsive, responsible bidder, whose bid, in conformance with the solicitation, results in the lowest price.

See Provision 52.236-27 for Site Visit details.

X X 52.211-10 X

3:00 PM

EDT

06-04-2024 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

00244 Department of Veterans Affairs Network Contracting Office 4

Austin Payment Center Department of Veterans Affairs PO Box 149971 Austin

TX

78714-9971

(877) 353-9791

(512) 460-5429

Table of Contents

STATEMENT OF WORK FOR

REMOVE UNDERGROUND FUEL STORAGE TANK (E-85) PROJECT NO. 542-21-201

COATESVILLE VA MEDICAL CENTER

DESCRIPTION:

This project includes all necessary work associated for removal of the E-85 Fuel Underground Storage Tank (UST) between Buildings 12 and 13, the connected dispensing unit, as well as all associated appurtenances, and provide for environmental testing of soils to determine if contamination exists, remediate if contamination is determined and restore area to its current physical state. In addition, this project will replace the diesel fuel pump and dispenser located next to Building 12 and associated dispensing access/security system and provide data collection and transmission equipment for the unit. This project will also replace the gasoline dispenser located next to Building 43 and the associated dispensing access/security system and provide data collection and transmission equipment for the unit. The project work shall comply with the Department of Veterans Affairs (VA) requirements, attachments, and all applicable Federal, State, and local codes.

PLACE OF PERFORMANCE:

The Coatesville VA Medical Center (CVAMC) - 1400 Blackhorse Hill Rd, Buildings 12, 13, and 43, Coatesville, PA 19320.

BACKGROUND:

The purpose of this project is to remove the closed 2,500 gallon fiberglass UST and dispenser at Bldg 13, completing permanent closure of the E-85 fuel system per PA DEP requirements, as well as replace two regularly used, antiquated fuel dispensers serving the campus.

SCOPE:

The contractor shall provide all labor, supplies, transportation, and equipment necessary to remove the UST and E-85 system and replace the two other dispensing units and monitoring systems identified in the attached drawings and specifications while adhering to CVAMC safety and health requirements and PA DEP regulations during construction. Contractor must ensure complete working fuel and gasoline systems. Attachment A – Drawings, Attachment B – Master Construction Specifications, and Attachment C – Safety and Health During Construction, are attached for reference. Work will include, but is not limited to:

E-85 System:

The existing E-85 fuel Underground Storage Tank (UST) and dispenser between buildings 12 and 13 will be removed. The existing Veeder Root Automatic Tank Gauge (ATG) will be demolished and removed along with all wiring, conduit, sensors and probes. The existing Gasboy Fuel Monitoring Unit (FMU) and all associated wiring will be demolished. A shoring system and displacement of monitoring program will be used to monitor and protect the adjacent building during the excavation operations. Due to the proximity to buildings 12 and 13, a signed and sealed shoring plan and monitoring system will be submitted by the contractor for review by the engineer. During removal, environmental testing of soils will be conducted according to PA Department of Environmental Protection regulations to determine if contamination exists. Subsequent to the fuel tank removal, additional soil removal required for the purpose of remediating contaminated soils will be inclusive of up to five (5) cubic yards of soil, along with its proper remediation/disposal and the associated soil replacement, additional shoring and additional soil testing as required by the DEP for clearance samples. Additional soil removal/remediation beyond the five (5) cubic yards will be treated as additional cost to the contract requiring funding approval. All affected areas shall be restored to match surrounding conditions.

Diesel System:

The diesel fuel dispenser, associated under-dispenser containment (UDC) sump, aboveground piping and concrete fueling pad will be demolished while preserving the incoming underground piping and conduits. A new UDC sump will be installed with penetration fittings suitable for use with the existing piping and conduits. The UDC will be fitted with a fire extinguisher and impact shear valve. A new Gasboy Atlas 9153K high flow diesel dispenser and high hose retriever will be installed over the UDC and surrounded by an elevated replacement concrete fueling pad. The existing Veeder Root ATG will be demolished and removed along with all wiring, sensors and probes. The ATG console will be replaced with an updated Veeder Root TLS 450 console. All sensors, probes, and wiring will be replaced and installed with the new ATG system. The existing panel and circuit breakers will be reused. The existing Gasboy FMU and all associated wiring will be demolished and replaced with an updated Gasboy Islander Prime FMU. The Islander Prime will be hardwired via CAT 6E cable into a local on or off-network computer for management of system users.

Gasoline System:

The gasoline dispenser, located next to Building 43, will be disconnected downstream of the existing solenoid valve and demolished, leaving the associated mounting platform intact. The dispenser will be replaced in kind with a Gasboy Atlas 9823K tank mounted pump and dispenser. The existing Veeder Root ATG will be demolished and removed along with all wiring, sensors and probes. The ATG console will be replaced with an updated Veeder Root TLS 450 console. All sensors, probes, and wiring will be replaced and installed with the new ATG system. The existing panel and circuit breakers will be reused. The existing Gasboy FMU and all associated wiring will be demolished and replaced with an updated Gasboy Islander Prime FMU. The Islander Prime data will be transmitted to a local on or off-network computer by either:

· Secure wireless forecourt access point AND/OR

· Hard piped conduit from the gasoline system back to the established computer for management of system users.

Fuel Management System:

The fuel management system provided as a basis for design utilizes ‘Gasboy’ equipment, the same manufacturer to match the existing systems. Alternate manufacturers are available but all systems provide similar FOB/PID access managed on local computer systems to regulate security and faculty use. Manufacturers include:

· Gasboy Islander.

· Syntech Fuelmaster.

· FuelForce Phasing:

Gasoline and Diesel dispenser replacements will be completed concurrently with E-85 UST removal activities and will require up to a two weeks of construction activities for the gasoline site and three weeks for the diesel site. However, E-85 UST removal activities must not be delayed due to logistical constraints of the dispenser work. The schedule submission for COR approval must include expeditious removal of the UST.

PERFORMANCE REQUIREMENTS:

The contractor shall comply with all performance requirements listed herein, and all work shall be performed in accordance with the attached Drawings (Attachment A), the Construction Specifications (Attachment B), and the CVAMC Safety and Health During Construction (Attachment C) documents.

A. Construction: The contractor shall provide the following in accordance with attachments A, B, and C:

1) The removal of the 2500 gal UST (E-85 Fuel), connected dispenser, leak monitoring system, and all associated appurtenances as identified in the drawings and specifications.

2) The replacement of the gasoline and diesel dispensers, leak monitoring equipment and all associated appurtenances as identified in the drawings and specifications.

3) Utilize only manufacturer certified installers. Copies of certifications to be provided to the COR prior work commencing.

4) Valid manufactures’ warranties on all work performed. Copies of warranties to be provided to the COR prior to final closeout.

5) Initial MS Projects Schedule for approval and subsequent maintenance of such, outlining entire project duration and construction phasing as identified in the project drawings and specifications.

6) Schedule of Values for Invoicing with a full breakdown of costs in the proposal to include labor codes for prime contractor employees and subcontractors.

7) Pre-Field work activities of PADEP permitting and Site Inspection to verify site access, material staging areas, traffic control, verification of UST contents, and arrangement of Utility Location Services, etc.

8) De-energization of any cathodic protection, alarm systems or other electrical systems associated with the UST before removal activities begin including pumps and other ancillary equipment. The associated shutdown permits completed and sent for COR approval.

9) Excavation and backfill, inclusive of asphalt and concrete repairs, per Drawings and Specifications minimizing substrate settling and allowing for proper compaction.

10) UST cavity backfilled with engineered fill or any non-organic soils having a maximum dry density as determined by the Standard Proctor (ASTM D 698) of 90 pounds per cubic foot (pcf) or greater. Construction schedule may dictate utilization of imported granular fill. All fill within the building areas and pavement subgrades will be compacted to not less than 100 percent of the maximum dry density as determined by ASTM D 698 (Standard Proctor).

11) Roadway major shutdowns must be kept to a minimum period of time, potentially requiring off-hours or overtime work, VA Emergency Services must not be substantially impacted. Specifically, diesel dispenser replacement work must not impede VA Fire Company vehicular ingress/egress during emergency response activities.

12) Follow VA’s policy on construction and waste management. See ‘Contractor Required Reporting’ below.

13) Limit of one company marked vehicle parked at the project site. All other vehicles (company and employee POV’s) shall be parked in designated parking lots on the north side of Black Horse Hill Road.

14) All necessary work required to meet the requirements of the contract.

B. Construction Barrier: The contractor shall provide a safety barrier around the construction site/work area, comprised of fencing, plastic barrier, caution tape and signage. Warning signs and devices shall be placed at regular intervals along the work area perimeter, and establish restricted work zones, support areas and decontamination areas as needed. Area to be secure at all times, accessible by Contractor and COR and VAFD only. All work areas will be secured by minimum 7 foot high fence in all work, staging, and trash areas on the facility grounds. All dumpsters must be covered.

C. Materials: All materials or items to be supplied by the contractor that are not listed in an attachment must first be submitted to the Contracting Officer Representative (COR) and the Contracting Officer (CO) for approval prior to installation.

D. Testing and Acceptance: At the completion of all performance requirements, the contractor shall demonstrate for the COR that all newly installed items under this contract are in compliance and functioning properly prior to the Government’s final acceptance.

SPECIAL CONTRACTOR PROVISIONS:

A. Contractor Responsibilities:

1) The contractor is responsible for field verification of site conditions and drawings prior to performing any work under this contract.

2) The contractor shall be responsible for locating and marking all utilities in any area affected by the contract. Contractor shall be responsible for any damage to existing utilities caused by the performance of work in this contract at no additional cost to the government. VA and PA One Call do have limited utility information, a private utility location company will be utilized to confirm underground utility locations at no cost to the government. Results, maps, and resultant drawings will be supplied to the government.

3) The contractor is responsible for protecting building interior, adjacent structures, equipment, vehicles, pedestrians, and vegetation while performing under this contract.

4) The contractor is responsible for installation of shoring and monitoring systems for protection of adjacent structures as well as Engineered Design and Certification of such systems.

5) The contractor is responsible for keeping the UST and Aboveground Storage Tank (AST) and all intact lines watertight during demolition and installation per the specifications.

6) The contractor shall conduct remediation if groundwater has infiltrated the UST since it has been out of service, the contents will need to be removed and disposed of properly.

7) The contractor shall be responsible for spill containment/response if a release to the environment has been determined as part of removal activities.

8) The contractor shall be responsible for soil remediation/disposal if tests reveal a release to the environment has occurred prior to removal activities.

9) The contractor shall be responsible for dewatering if groundwater is encountered during excavation activities, the water will need to be recovered and transported via vacuum tanker truck to a licensed disposal facility.

10) The contractor shall immediately communicate with COR if contaminated soil is identified. The level of contamination (Extensive versus Localized) will need to be determined to dictate the appropriate response. Impacted soils would need to be properly stockpiled with appropriate erosion controls implemented and handling/disposal pending receipt of soil disposal characterization analytical results.

11) The contractor shall be responsible for the actions of all individuals provided to work under this contract. If in the event damages arise from work provided by contractor personnel, the contractor shall be responsible for all resources necessary to remedy the incident (including damages to landscaping) at no additional cost to the Government.

12) The contractor shall adhere to all Occupational Safety and Health Administration (OSHA) regulations, as well as the safety regulations of the CVAMC while performing under this contract; see Attachments B and C: Specifications & Safety and Health During Construction.

13) The contractor shall be responsible for ensuring that all individuals provided to work under this contract are properly licensed to operate a motor vehicle, if operating a motor vehicle on VA property is required.

14) Contractor will ensure that all employees pass through the COVID 19 screening directly upon entering the CVAMC campus and follow and COVID-19 procedures that may in place at the time the work is performed.

B. Security Requirements:

1) Prior to the commencement of any work under this contract, upon arrival to the CVAMC, contractor personnel shall first check-in with the VA Police (Building 1) to obtain a VA visitor badge.

2) The contractor employee shall be responsible for safeguarding the badge and immediately report if the badge has been lost, stolen, or destroyed to the VA Police.

3) Contractor personnel shall properly display their employee identification badge and VA visitor badge at all times while on VA property so that their name, photo, and the company they work for can easily be seen.

C. Required Contractor Notifications:

1) Contractor personnel shall inform the COR of the need to gain access to secured areas. If access is required to secured areas, prearranged scheduling will be coordinated between the contractor and the COR.

2) The contractor shall coordinate all equipment shutdowns (inclusive of de-energization), road lane, sidewalk, loading dock, and building access closures with the COR a minimum of four weeks prior to requested closure date.

3) If work is required beyond the terms of this contract, the contractor shall provide the Contracting Officer (CO) and the COR with a written cost estimate for any additional work or materials at no cost to the Government. The contractor shall not perform any work or make any purchases beyond the terms of this contract without approval from the CO.

D. Warranty: All services provided by the contractor, as well as parts replaced shall come with a one (1) year warranty (minimum). All labor, tools, supplies, transportation, and equipment associated with the replacement of warranty items shall be provided by the contractor at no additional cost to the Government.

E. Interference in Performance Requirements: The following provisions shall be adhered to by contractor personnel throughout the duration of this contract:

1) The contractor may be required to interrupt their work at any time so as not to interfere with the normal functioning of the facility; e.g. utility services, emergency responses, the passage of facility patients/personnel, etc.

2) In the event of an emergency, contractor services may be stopped and rescheduled at no additional cost to the Government.

F. Contractor Required Reporting:

1) Prior to the completion of all weekly work activities, the contractor shall supply the Contracting Officer and COR, with his/her company’s work-documentation (daily logs).

2) The contractor shall supply the COR with any product literature and maintenance requirements for all items installed under this contract.

3) The contractor will obtain the Storage Tanks Registration/Permitting Application Form (2630-FM-BECB0159) to amend the facility status, have the form validated by the PADEP certified UST remover and submit the form to the Division of Storage Tanks after the UST system closure is complete, submitting a copy to VA COR. See also section G. ‘Cleanup and Disposal’ item 2) d., below.

4) Contractor shall follow VA’s policy on construction and waste management, providing the COR receipts showing weights for all trash and recycling removed.

5) Copies of all final forms, warranty paperwork, and equipment manuals will be provided to the COR upon project completion.

G. Cleanup and Disposal:

1) Housekeeping:

a. The contractor shall maintain a clean work environment, ensuring the area is free from debris after the completion of any and all services provided under this contract.

b. Contractor is responsible for site cleanup and removal of all debris.

c. If the COR finds the area where services were provided to be unacceptable, the contractor at his/her own cost shall re-clean the area until acceptance is gained.

2) Disposal of Trash and Hazardous Waste:

a. The contractor shall be responsible for the removal of all trash and debris from VA property after the completion of any and all services provided under this contract.

b. The contractor shall comply with the Occupational Safety and Health Administration (OSHA), the United States Environmental Protection Agency (EPA), the Department of Transportation (DOT), State, and all other applicable regulations governing the proper handling, disposal, and removal of waste.

c. All UST removal activities shall comply with applicable federal, state and local ordinance, regulations and laws. The contractor shall secure the appropriate permits, including the Underground Storage Tank System Installation/Closure Notification Form at least 30 days before UST system permanent closure with a copy sent to the Pennsylvania Department of Labor and Industry and one copy to VA COR.

d. The UST removal will adhere to the following PADEP guidance:

· PADEP Technical Guidance Document 263-4500-601, Closure Requirements for Underground Storage Tank Systems.

· PADEP, Bureau of Environmental Cleanup and Brownfields, Division of Storage Tanks, Site Assessment Sampling Requirements at Regulated Storage Tank System Closure, 2630-BK-DEP4699 Rev 2/2022.

· PADEP Planning for Permanent Closure Checklist Underground Storage Tank System, Document 2630-FM-BEC0126, Rev. 12/2018.

· The contractor will obtain the Storage Tanks Registration/Permitting Application Form (2630-FM-BECB0159) to amend the facility status, have the form validated by the PADEP certified UST remover and submit the form to the Division of Storage Tanks after the UST system closure is complete, submitting a copy to VA COR.

· The contractor shall be or will retain the services of a PADEP Certified Underground Storage Tank System (UMR) inspector to be present and directly oversee the closure activities, including site assessment activities per the closure guidance listed above. The Pennsylvania Storage Tank and Spill Prevention Act (Act 32 of 1989) and DEP regulations have established a certification program for installers and inspectors of aboveground and underground storage tanks. The regulations require all companies that conduct storage tank handling or inspection activities to be certified by DEP. The regulations also make it unlawful to perform tank handling, testing, or inspection activities as an employee of a noncertified company.

PERFORMANCE SCHEDULE:

A. Performance Start:

The contractor shall begin performance within 10 days of receipt of the Notice to Proceed.

B. Period of Performance:

The contractor shall complete all performance requirements within 90 days of the Notice to Proceed.

C. Working Hours:

1) All work under this contract will be performed Monday through Friday (except Federal Holidays), 7:00 AM (EST) – 5:30 PM (EST).

2) Contractor may be required to work weekends due to weather or service interruptions.

A.3 PRICE/COST SCHEDULE

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

A. TRAINING:

Effective July 31, 2005, all employees of the general contractor and subcontractors shall have the 10-hour OSHA certified construction safety course. The General Contractor’s competent person 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.

It is the responsibility of the Contractor to provide TB training annually and a PPD test annually for any employees providing services at the VA Medical Center, Coatesville, PA. The government reserves the right to review the contractor’s records. Failure to present the proper training documentation upon the Contracting Officer’s request 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.

B. PRIVACY AND CONFIDENTIALITY:

Contractors to the Department of Veterans Affairs may be unintentionally exposed to sensitive information. Information maybe overheard, seen on documents or electronic devices, or observed that could potentially violate the privacy and confidentiality of our veterans, employees, volunteers, and their families. Regulations such as, but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Freedom of Information Act (FOIA) and Privacy Act of 1974 have been enacted to protect sensitive information from being improperly disclosed. Information should not be divulged or released to anyone unless specifically authorized in accordance with the contracted services. Failure to comply with applicable statutes and regulation can result in the termination of this contract and civil and criminal penalties, including fines and imprisonment. All suspected or actual breaches of the privacy and confidential should be reported immediately to the Contracting Officer, COR or the Facility Privacy Officer.

C. KEYS:

All keys provided the Contractor or any subcontractor for use during the project shall be returned to the COR at completion of the work or upon request. No keys shall be reproduced by the Contractor or any subcontractor. There shall be a charge for each key that is lost or not returned to the COR.

D. CONTRACTOR NORMAL WORK HOURS:

The contractor work hours are from 7:00AM 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. This contract may require work to be performed off-hours, and any increased costs related to this work will be the responsibility of the contractor.

E. SAFETY/ENVIRONMENTAL VIOLATIONS AND EXPERIENCE MODIFICATION RATE

All offerors shall submit 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 Environmental Protection Agency (EPA) violation(s) in the past three years. All offerors shall submit information regarding their current Experience Modification Rate (EMR) equal to or less than 1.0. 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. 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.

A determination of responsibility will 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 System for Award Management (SAM.gov), Veteran Small Business Certification (VetCert), DUN and Bradstreet, Federal Awardee Performance and Integrity Information System (FAPIIS) accessed through the Past Performance Information Retrieval System (PPIRS), Small Business Administration (SBA), Office of Inspector General-Health and Human Services (OIG-HHS), OSHA, Veterans’ Employment & Training Services (VETS 4214) reporting database, and EPA online inspection history databases will be used to make the Determination of Responsibility. Any information received by the Government that would cause for a negative Determination of Responsibility may make the 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.

As required by the statutory requirement pertaining to the Veterans Benefits Act of 2003 (15 U.S.C. 657f) and in accordance with FAR 6.206, this procurement will be set-aside for Service-Disabled Veteran Owned Small Business (SDVOSB) concerns. Only SDVOSB concerns who are verified in the Veteran Small Business Certification (VetCert) and registered in System for Award Management (SAM.gov) will be eligible to submit proposals.

F. CONTRACTING OFFICER’S REPRESENTATIVE (COR):

In accordance with VAAR 1.604 and 1.602-2 the COR assists in the technical monitoring or administration of a contract. Limited authority is given in writing by the Contracting Officer’s letter of designation describing the COR’s duties and responsibilities. The COR has no authority to make any commitments or changes that affect price, quality, quantity, delivery, or other terms and conditions of the contract (or provisions of the solicitation). The COR’s authority is limited to contract administration functions delegated in writing by the Contracting Officer. In this solicitation and in the specifications, COR may be used interchangeably with Contracting Officer’s Technical Representative (COTR), Resident Engineer, Project Engineer and Engineer/Engineering.

G. POINT OF CONTACT:

All questions are to be directed to the Contracting Officer at the CVAMC. Do not contact any A/E firm that may be identified herein. The A/E firm does not have the authority to share information with others or bind the government.

H. WAGE AND HOUR LAWS:

The Contractor shall be responsible for the correct title classification of workers and compliance with all applicable wage and hour laws.

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 Chester County, PA

(End of Provision)

2.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American—Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.5 52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20% percent of the bid price or $3,000,000.00, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of Provision)

2.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Everett Shaver Contracting Officer Hand-Carried Address:

Everett.Shaver@va.gov

Mailing Address:

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

2.7 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for— 9 May 2024 - 1:00 PM

(c) Participants will meet at— Bldg 70, 1400 Blackhorse Hill Road, Coatesville PA 19320 (End of Provision)

2.8 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any VAAR (48 CFR Chapter FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of Clause)

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):

https://www.acquisition.gov/browse/index/far…