36C24425B0002 South Lot Paving IFB 2-20-25.pdf

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.

36C24425B0002 X

02-20-2025

460-23-004

00244 Department of Veterans Affairs Network Contracting Office 4 Wilmington VAMC 1601 Kirkwood Highway Wilmington DE 19805

Hanna.Karmazyn@va.gov

Hanna Karmazyn 302-332-5107

The scope of work consists of providing all labor, materials, and equipment to perform the tasks outlined in the Statement of Work for Building 13 South Lot Paving at the Wilmington, DE VAMC.

The contractor shall abide by all federal state, and local code/regulations/standards.

Magnitude of Construction: Between $500,000.00-$1,000,000.00 Project: 460-23-004 Building 13 South Lot Paving NAICS: 236220 - Commercial and Institutional Building Construction Size Standards: $36.5 Million This procurement is a 100% Service Disabled Veteran Owned Small Business (SDVOSB) set-aside acquisition.

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

This solicitation will result in a firm-fixed price contract. Only one award will be made.

All documents for this solicitation will be available on the SAM website https://sam.gov/ Bidders must be registered and certified in VETCERT to be eligible for award, SEE https://veterans.certify.sba.gov/ Bidders must be registered in SAM to be eligible for award, SEE https://www.sam.gov/.

Bidders must be registered in the VETS-4212 Database, SEE https://www.dol.gov/vets/vets4212.htm

Interested parties are encouraged to attend the pre-bid Conference/Site Visit, which will be held IAW FAR 52.236-27 Site Visit (FEB 1995).

Questions are due in writing via e-mail to the CS at Hanna.Karmazyn@va.gov by 12:00PM EST on 03-04-2025. Late questions will NOT be accepted. Answers will be provided via am amendment posted publicly to htts://sam.gov/

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

Solicitation may be canceled and all offers rejected before award but after solicitation closing date when it is clearly in the best interest of the Government.

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.

Bid opening will be conducted virtually as listed on page 10 under “Public Bid Opening”.

NOTE: Failure to return a signed copy of 852.219-75 will result in proposal not being considered for award.

10 183

X X 52.211-10

X 10

1 11:00AM EST

03-20-2025

X mailto:Hanna.Karmazyn@va.gov

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

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)

A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION,

ALTERATION, OR REPAIR)– BACK

A.3 PRICE/COST SCHEDULE

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

2.2 52.216-1 TYPE OF CONTRACT (APR 1984)

2.3 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE

OF THE WORK (MAY 2014)

2.4 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE

EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

2.5 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION

MATERIALS (MAY 2014)

2.6 52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER TRADE

AGREEMENTS (NOV 2023)

2.7 52.228-1 BID GUARANTEE (SEP 1996)

2.8 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE)

(FEB 2021)

2.9 52.233-2 SERVICE OF PROTEST (SEP 2006)

2.10 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB

1995)

2.11 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

2.12 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

2.13 VAAR 852.223-70 INSTRUCTIONS TO OFFERORS—SUSTAINABLE

ACQUISITION PLAN (SEP 2019)

2.14 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND

VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)

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

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2024) .. 25

3.2 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—

REPRESENTATION AND DISCLOSURES (DEC 2023)

3.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

3.4 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—

CERTIFICATION (NOV 2021)

GENERAL CONDITIONS

4.1 52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—

PROHIBITION (DEC 2023)

4.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984)

4.3 52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022)

4.4 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(FEB 2024)

4.5 52.222-30 CONSTRUCTION WAGE RATE REQUIREMENTS—PRICE

ADJUSTMENT (NONE OR SEPARATELY SPECIFIED METHOD) (AUG 2018)

4.6 52.222-31 CONSTRUCTION WAGE RATE REQUIREMENTS—PRICE

ADJUSTMENT (PERCENTAGE METHOD) (AUG 2018)

4.7 52.222-32 CONSTRUCTION WAGE RATE REQUIREMENTS—PRICE

ADJUSTMENT (ACTUAL METHOD) (AUG 2018)

4.8 52.223-20 AEROSOLS (MAY 2024)

4.9 52.223-21 FOAMS (MAY 2024)

4.10 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (OCT 2022)

4.11 SUPPLEMENTAL INSURANCE REQUIREMENTS

4.12 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

4.13 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

4.14 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

4.15 VAAR 852.219-71 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE

8(A) PARTICIPANTS (NOV 2022)

4.16 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

4.17 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (NOV 2022)

4.18 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)

4.19 VAAR 852.232-70 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION

CONTRACTS (WITHOUT NAS– CPM) (NOV 2018)

4.20 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

4.21 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(APR 2019)

4.22 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019)

4.23 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019)

4.24 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT

ADMINISTRATION (OCT 2020)

4.25 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) .. 68

4.26 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT

(SEP 2019)

Wilmington, DE VA Medical Center Wilmington, DE

19805

CONSTRUCTION SCOPE OF

WORK

For

South Parking Lot Asphalt Paving Construction

Project No. 460-23-004

Note: Addendum C lighting pole calcs are provided as a Base of Design based on previously completed projects at the Wilmington VAMC.

-- Services --

PROVIDE:

Professional construction services to perform all work required to pave existing damaged stone lot, repair subbase, and pave asphalt with wearing coarse and binder coarse at the Wilmington VA Medical Center in accordance with project drawings, specifications, and/or the scope of work.

-- Project Scope --

GENERAL:

The Wilmington, Delaware VA Medical Center intends to issue a construction contract to provide safe parking at the South end of campus.

SPECIFICS:

1. The Contractor shall furnish all materials, equipment, supervision, and personnel necessary to accomplish the construction project plans to remove existing damaged asphalt, repair subbase, site leveling and grading, electrical site lighting, stormwater management, pave existing stone lot with an appropriate structural bearing for parking and driving, and compliant accessible parking, walkways with handrailing.

2. The new parking lot pavement section will require the removal of the existing temporary gravel lot as well as miscellaneous signs, riprap, silt fence, and concrete storm drain headwalls. Two existing storm drain pipes will also be abandoned/demolished as required for installation of the proposed storm drain system. Realignment of the entrance and re-grading to remove erosive slopes will require the removal of trees, as coordinated with the COR. The new parking lot will include vehicle striped parking spaces.

There is one entrance to the parking lot that is shifted slightly to the west from the existing gravel lot entrance to provide better turning and sight distances. Access for the pedestrians to and from the parking lot will be provided by concrete sidewalk and steps with handrails leading to existing sidewalk running around the adjacent building. There will be 2 sidewalk ramps connecting the parking area to the pedestrian sidewalk.

3. The new parking lot will be provided with lighting utilizing pole mounted fixtures to match existing adjacent parking areas. Controls for the new fixtures will be provided via a new contactor with photocell and manual override.

4. The Contractor is to plan all performance of work in coordination with the COR to minimize impact to hospital and campus operations. The hospital campus shall remain fully functional during construction. All work shall be completed in accordance with the latest ANSI, VA, UFAS, local, state and federal regulations.

5. The contractor shall furnish all materials, equipment, supervision, and personnel necessary to accomplish the project as indicated in the drawings, specifications, and/or statement of work. Work includes but is not limited to trades required to satisfy the roadway work project requirement: surveyor, demolition, heavy equipment operators, electrical, stormwater pipelayers, asphalt laborers. Derby Enterprises, LLC, as the project Architect/Engineer, have prepared drawings and specifications which are part of this scope of work and are to be used for the completion of this project.

6. All employees of the general contractor and subcontractors shall comply with the VA security management program and obtain permission of the VA police, be identified by project and employer, and restricted from unauthorized access.

7. Prior to commencing work, the general contractor shall provide proof that an OSHA certified “competent person” (CP) (29 CFR 1926.20(b)(2) will maintain a presence at the work site whenever the general or subcontractors are present.

8. The general contractor shall implement the requirements of the VA Infection Control Risk Assessment (ICRA) team, including the establishment and maintenance of a dust control program. Prior to the start of work, the general contractor must prepare a plan detailing project-specific dust protection measure, including periodic status reports, and submit to the COR and Facility ICRA team for review.

9. The general contractor shall establish and maintain a fire and/or life safety protection program in accordance with 29 CFR 1926. Prior to start of work, a protection plan detailing project-specific fire and/or life safety measures, including periodic status reports, and submit to COR for review for compliance with contract requirements in accordance with Section 01 33 23, SHOP DRAWINGS, PRODUCT DATA AND

SAMPLES.

10. Submission of a bid is a representation that the bidder has thoroughly investigated general and local site conditions and is satisfied as to the conditions to be encountered, while accomplishing work at the site.

11. Contractor to Hire 3rd party Certified Construction Reviewer (CCR) to comply with weekly construction review of the approved Sediment and Stormwater Management Plan until the project is complete and close by Delaware Department of Natural Resources and Environmental Control (DNREC).

12. Final stabilization criteria to be met per section 2 of 7 DE Admin Code 5101-Sediment and Stormwater Regulations (latest edition).

-- Location/Hours/Deliverables --

Performance Location:

Wilmington VAMC, Delaware located at 1601 Kirkwood Hwy, Wilmington, DE 19805.

Hours:

Work is to be performed on Monday to Friday at 7:00AM -3:00PM. Contractor access will be provided during this time, except special federal holidays. Weekend or night work may be required, as coordinated with the COR.

The contractor will not have any personnel on site any other day without the proper approval from the

COR.

Deliverables:

The Contractor must have deliverables sent to a project field office offsite and NOT to use the Warehouse building onsite as a means of materials handling/delivery.

- Environmental/Occupational Safety and Health (EOSH) -

EXPECTATION: All projects and project designs shall contain language that addresses all applicable EOSH requirements.

Regulatory Compliance – EOSH requirements for work performed at the above location can be found in:

o Volume 29 of the Code of Federal Regulations, Part 1910 – Occupational Safety for General Industry o Volume 29 of the Code of Federal Regulations, Part 1926 – Occupational Safety for The Construction Industry o Volume 40 of the Code of Federal Regulations – Protection of The Environment o Volume 49 of the Code of Federal Regulations, Part 397 – Transportation of Hazardous Materials o The EPA's Toxic Substance Control Act (TSCA) Compliance Program Policy Nos. 6 PCB 6 and 6

PCB 7

o Title 7 of the Delaware Code – Conservation o Title 16 of the Delaware Code – Health and Safety

A.3 PRICE/COST SCHEDULE

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Construction Services - South Parking Lot Asphalt Paving Construction

1.00 JB __________________ __________________

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, Wilmington, DE. 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):

http://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays

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 Contract Specialist at the Wilmington VAMC. 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.

I. PUBLIC BID OPENING:

E-mail bids and bid bonds to Contract Specialist, Hanna Karmazyn at Hanna.Karmazyn@va.gov Bids to be opened via MS Teams. Please save/ forward the invite link or dial in as desired.

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Join the meeting now

Meeting ID: 278 591 748 366

Passcode: JJ2tG6wm

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+1 205-235-3524,,335050886# United States, Dora

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Phone conference ID: 335 050 886#

For organizers: Meeting options | Reset dial-in PIN mailto:Hanna.Karmazyn@va.gov https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2QzNmM1NWMtMDQ3MS00MTNhLTliNDgtYTc3YzdlMGVhMjll%40thread.v2/0?context=%7b%22Tid%22%3a%22e95f1b23-abaf-45ee-821d-b7ab251ab3bf%22%2c%22Oid%22%3a%225a1f8d95-a89f-4d23-80e1-b83c40186720%22%7d tel:+12052353524,,335050886 https://dialin.teams.microsoft.com/14a86cbc-ba2a-4dde-a83a-5b9e20685e48?id=335050886 https://teams.microsoft.com/meetingOptions/?organizerId=5a1f8d95-a89f-4d23-80e1-b83c40186720&tenantId=e95f1b23-abaf-45ee-821d-b7ab251ab3bf&threadId=19_meeting_M2QzNmM1NWMtMDQ3MS00MTNhLTliNDgtYTc3YzdlMGVhMjll@thread.v2&messageId=0&language=en-US https://dialin.teams.microsoft.com/usp/pstnconferencing

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO

BIDDERS/OFFERORS

2.1 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

(a) All actual and potential offerors are encouraged to provide feedback on the preaward and debriefing processes, as applicable. Feedback may be provided to agencies up to 45 days after award. The feedback is anonymous, unless the participant self-identifies in the survey. Actual and potential offerors can participate in the survey by selecting the following link: https:// www.acquisition.gov/360.

(b) The Contracting Officer will not review the information provided until after contract award and will not consider it in the award decision. The survey is voluntary and does not convey any protections, rights, or grounds for protest. It creates a way for actual and potential offerors to provide the Government constructive feedback about the preaward and debriefing processes, as applicable, used for a specific acquisition.

(End of Clause)

2.2 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)

2.3 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)

2.4 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:

Goals for minority participation for each trade

Goals for female participation for each trade

17.3% 6.9% 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

2.5 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)

2.6 52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER

TRADE AGREEMENTS (NOV 2023)

(a) Definitions. As used in this clause—

Caribbean Basin country construction material means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is—

(i) A commercial product (as defined in paragraph (1) of the definition of ‘‘commercial product’’ at Federal Acquisition Regulation (FAR) 2.101;

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies.

However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at

FAR 25.105.

Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.

Designated country means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, North Macedonia, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom);

(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

Designated country construction material means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material.

Domestic construction material means—

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both—

(i) An unmanufactured construction material mined or produced in the United States; or

(ii) A construction material manufactured in the United States, if—

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of ‘‘cost of components’’.

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign construction material means a construction material other than a domestic construction material.

Foreign iron and steel means iron or steel products not produced in the United States.

Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Free Trade Agreement country construction material means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country;

or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed.

Least developed country construction material means a construction material that—

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

United States means the 50 States, the District of Columbia, and outlying areas.

WTO GPA country construction material means a construction material that—

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.

(b) Construction materials.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction material, excluding COTS fasteners. (See FAR 12.505(a)(2)). In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American restrictions are waived for designated country construction materials.

(2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.

(3) The requirement in paragraph (b)(2) of this clause does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows:

(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Government determines that—

(i) The cost of domestic construction material would be unreasonable.

(A) For domestic construction material that is not a critical item or does not contain critical components. (1) The cost of a particular domestic construction material subject to the restrictions of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

(2) For construction material that is not a COTS item and does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign construction material that is manufactured in the United States and exceeds 55 percent domestic content as a domestic offer and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(4)(i)(A)(1) of this clause.

(3) The procedures in paragraph (b)(4)(i)(A)(2) of this clause will no longer apply as of January 1, 2030.

(B) For domestic construction material that is a critical item or contains critical components.

(1) The cost of a particular domestic construction material that is a critical item or contains critical components, subject to the requirements of the Buy American statute, is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent plus the additional preference factor identified for the critical item or construction material containing critical components listed at FAR 25.105.

(2) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign construction material that is manufactured in the United States and exceeds 55 percent domestic content as a domestic offer, and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(4)(i)(B)(1) of this clause.

(3) The procedures in paragraph (b)(4)(i)(B)(2) of this clause will no longer apply as of January 1, 2030.

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including—

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will…