36C24519B0013-001.docx
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- 540-19-3-5082-0026 Renovate 6th Floor for Sleep Lab and Administrative Space (VA-19-00060294)
- Solicitation number
- 36C24519B0013
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36C24519B0013
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 t ime. 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 accepta nce after the date offers are due will not be considered and will be rejected.
36C24519B0013 X 08-09-2019 540-19-110 Department of Veterans Affairs
VAMC (613)
VISN 5 Contract Satellite Office 510 Butler Avenue, Building 306A Martinsburg WV 25405 Same as Block #7
Kathryn Leatherman 304-263-0811 ext. 2083 Bid Item No. 1: Base Bid: Renovate 6th Floor for Sleep Lab and Administrative Space: Project #540-19-110: Contractor shall provide all labor, tools, equipment, materials and supervision to renovate approximately 6,700 SF on the 6th floor of the Louis A. Johnson VA Medical Center to construct a 2-bed Sleep Lab, provide two resident physician sleeping rooms, replace damaged floor tiles, and patch/paint former inpatient bedrooms. Rooms 632, 634, 638, and 639 shall be converted to a Staff Breakroom/Tech Station, 2 Sleep Study Rooms, and Clean/Soiled Utility Rooms, respectively. Existing vin yl composition (VCT) tiles shall be replaced in corridor, Corridor C5-2 (approximately 550SF).
All walls in rooms 601, 602, 603, 606, 608, 609, 610, 611, 614, 615, 619, 620, 622, 624, 626, 627, 630, 631, 635/637, 642, 643, 644, and 645 shall be pa tched/painted to prepare for use as offices. All work shall be completed in accordance with the drawings and specifications provided herein at the VAMC Clarksburg, WV located at 1 Medical Center Drive, Clarksburg, WV 26301.
Questions relating to this solicitation document must be submitted in writing via email to kathryn.leatherman@va.gov no later than 1:00 PM local time, 08/28/19. An organized site visit is scheduled for 08/21/19 @ 10:00 AM local time.
Notice: Clause 52.222-37 Employment Reports on Disabled Veterans and Veterans is incorporated by reference in this solicitation. Public Law (P.L. 105-339), Section 1354 provides that no agency may enter into a contract with a contractor who has not filed a VETS-4212 report for the preceeding fiscal year under Title 38 Section 4 212(d).
Offerors are strongly encouraged to complete this to possibly avoid delays @ https://www.dol.gov/vets/vets4212.
Primary NAICS Code: 236220 Size Standard: $36.5 MILLION Cost Range: $25,000.00 and $100,000.00
This is a 100% Service Disabled Veteran Owned Business Set-Aside. Contractor must be verified in VetBiz to be eligible for award. DELIVER OFFER S TO: Department of Veterans Affairs, 510 Butler Avenue, Building 306A, Contracting Office Attn: Kathryn Leatherman (36C613/90C), Martinsburg, WV 25405.
Contractor shall be responsible for correct wage titles and compliance with all applicable wage and hour laws.
52.232-18 AVAILABILITY OF FUNDS (APR 1984) - F
UNDS ARE NOT PRESENTLY AVAILABLE FOR THIS CONTRACT. THE GOVERNMENTS
OBLIGATION UNDER THIS CONTRACT IS CONTINGENT UPON THE AVAILABILITY OF APPROPRIATED FUNDS FROM WHICH PAYMENT FOR CONTRACT
PURPOSES CAN BE MADE. NO LEGAL LIABILITY ON THE PART OF THE
GOVERNMENT FOR ANY PAYMENT MAY ARISE UNTIL FUNDS ARE MADE
AVAILABLE TO THE CONTRACTING OFFICER FOR THIS CONTRACT AND UNTIL THE CONTRACTOR RECEIVES NOTICE OF SUCH AVAILABILITY
TO BE CONFIRMED IN WRITING BY THE CONTRACTING OFFICER.
52.211-10 X
03:00PM
09-17-2019 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
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 documen t.)
(Must be fully completed by offeror) (To be completed by Government)
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
Bid Item No. 1: $____________________________ Department of Veterans Affairs
VAMC (613)
VISN 5 Contract Satellite Office 510 Butler Avenue, Building 308B Martinsburg WV 25405
PAYMENT WILL BE MADE BY
FSC e-Invoice Payment Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp http://www.fsc.va.gov/einvoice.asp Kathryn C. Leatherman Contracting Officer
Table of Contents
| PART I - THE SCHEDULE | 1 |
| SECTION A - SOLICITATION/CONTRACT FORM | 1 |
| A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair) | 1 |
| A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION, ALTERATION, OR REPAIR)– BACK | 2 |
| INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS | 5 |
| INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS | 6 |
| CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS) | 9 |
| 2.1 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) | 14 |
| 2.2 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999) | 14 |
| 2.3 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014) | 15 |
| 2.4 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995) | 16 |
| 2.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 16 |
| REPRESENTATIONS AND CERTIFICATIONS | 18 |
| 3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018) | 18 |
| GENERAL CONDITIONS | 22 |
| 4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) | 22 |
| 4.2 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018) | 22 |
| 4.3 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ALTERNATE I (APR 1984) | 23 |
| 4.4 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) | 23 |
| 4.5 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEP 2013) | 25 |
| 4.6 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014) | 26 |
| 4.7 52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000) | 29 |
| 4.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 29 |
| 4.9 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014) | 30 |
| 4.10 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION) | 32 |
| 4.11 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018) | 33 |
| 4.12 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 33 |
| 4.13 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019) | 34 |
| 4.14 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019) | 35 |
| 4.15 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019) | 36 |
| 4.16 VAAR 852.236-88 CONTRACT CHANGES--SUPPLEMENT (JUL 2002) | 36 |
| 4.17 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT ADMINISTRATION (APR 2019) | 38 |
| WAGE DETERMINATION | 40 |
INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS
(a) Bidding materials may be obtained at https://www.fbo.gov/.
(b) Subcontractors, material firms and others interested in preparing subbids may view the interested parties list at https://www.fbo.gov/ to obtain a list of organizations, such as Builders Exchanges, Chambers of Commerce, Contractors and others, who have received bidding materials.
(c) A bid guarantee is not required in an amount not less than 20 percent of the bid price but shall not exceed $3,000,000.00. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for opening of bids, will require rejection of the bid in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then.
(d) If the contract will exceed $100,000.00 the bidder to whom award is made will be required to furnish two bonds, a Payment Bond, SF 25A, and a Performance Bond, SF 25, each in the penal sum as noted in the General Conditions of the Specification. Copies of SFs 25 and 25A may be obtained upon application to the issuing office.
Cost Range: $25,000.00 to $100,000.00
DESCRIPTION OF WORK: (Continued from Block 10 of SF1442):
BASE BID: ITEM NO. 1: General Construction: Work includes renovate approximately 6,700 SF on the 6th floor of the Louis A. Johnson VA Medical Center to construct a 2-bed Sleep Lab, provide two resident physician sleeping rooms, replace damaged floor tiles, and patch/paint former inpatient bedrooms.
Rooms 632, 633, 634, 638, and 639 shall be converted to a Staff Breakroom/Tech Station, 2 Sleep Study Rooms, and Clean/Soiled Utility Rooms, respectively.
Existing vinyl composition (VCT) tiles shall be replaced in corridor, Corridor C5-2 (approximately 550SF)
All walls in rooms 601, 602, 603, 606, 608, 609, 610, 611, 614, 615, 619, 620, 622, 624, 626, 627, 630, 631, 635/637, 642, 643, 644, and 645 shall be patched/painted to prepare for use as offices
Total Calendar Days for Item No. 1 (Base Bid): 120
DOCUMENTS REQUIRED WITH BID PACKAGE:
Completed 1442 – pages 1 & 2 Representations and Certifications
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS
PRE-CONSTRUCTION CONFERENCE – PRE-CONSTRUCTION CONFERENCE: Upon receipt of Notice of Award and prior to attending the pre-construction conference, the successful bidder shall have completed steps #1 and #2 of the enclosed Security Requirements document. This process includes completion and submission of Security Requirements Form #1 (Background Investigation Request Worksheet) to the VHA Service Center Personnel Security Office. Each contract employee is required to undergo a Special Agreement Check (SAC) background investigation which equates to being fingerprinted. Contract employees shall complete Security Requirements Form #2 (VHA Special Agreement Checks Memorandum) and follow instructions outlined in step #2 of the attached Security Requirements document to complete fingerprinting process.
Upon successful completion of fingerprinting, all contract employees will be required to obtain a non-Personal Identity Verification (non-PIV) badge (see step #3 of attached Security Requirements document. Contractor staff working on site will be required to wear the badges at all times while on site. Contractor will be required to immediately notify the Contracting Officer of any changes in staff performing work on site. Upon completion of the contract all identification badges must be returned to the Contracting Officer before final payment can be made.
METRIC PRODUCTS: If a product is manufactured to metric dimensions and those dimensions exceed the tolerances specified in the inch-pound units, a request should be made to the Contracting Officer to determine if the product is acceptable. The Contracting Officer, in concert with the Contracting Officer Representative (COR), will accept or reject the product.
INVOICING: In order to comply with the Improper Payments Elimination Recovery Act of 2010 (IPERA), VA is finalizing actions to mandate electronic invoice submission to the VA Financial Services Center (VAFSC) (reference VAAR clause 852.232-72 in the General Conditions Section of the solicitation). The VAFSC has expanded its electronic invoicing services through OB10 provided solutions. OB10 electronic invoicing services, including mapping/transaction fees, are free to VAFSC vendors. If you are not currently a member of the OB10 network, subscribing is simple. There is no expensive hardware or software to install.
OB10 will handle all of the necessary technical and commercial steps needed to establish your account. If you prefer, feel free to contact OB10 at va.registration@ob10.com or 1-877-752-0900 then select option 2. To contact the Department of Veteran Affairs Financial Service Center (VAFSC) about this request visit http://www.fsc.va.gov/fsc/einvoice.asp or call the FSC e-Invoice Contact Information at (866) 372-1141.
Contractor must provide the Contracting Officer a copy of all invoices at the time they are submitted to Austin, TX.
System for Award Management (SAMS), VETBIZ AND VETS 4212 REGISTRATION:
VERIFICATION OF STATUS OF APPARENTLY SUCCESSFUL OFFEROR: In accordance with VAAR 804.1102 VENDOR INFORMATION PAGES (VIP) DATABASE, prior to January 1, 2012, all VOSBs and SDVOSBs must be listed in the VIP database, available at http://www.VetBiz.gov, and also must be registered in the System for Award Management (SAM) (see 48 CFR subpart 4.11) to submit offers and receive contract awards under VA’s Veteran-owned Small Business prime contracting and subcontracting opportunities program set forth in Part 819. After December 31, 2011, all VOSBs, including SDVOSBs, must be listed as verified in the VIP database, and also must be registered in the SAM to be eligible to participate in order to receive new contract awards under this program. SDVOSB Firms that submit bids/offers on SDVOSB/VOSB set-asides that are not listed on VIP will be deemed nonresponsive (IFB) or technically unacceptable (RFP/RFQ).
Class Deviation to VAAR 819.70 Service Disabled Veteran Owned Small Business Acquisition Program - 819.7003 Eligibility.
(a) Eligibility of SDVOSBs and VOSBs continues to be governed by the Small Business Administration regulations, 13 CFR subparts 125.8 through 125.13, as well as the FAR, except where expressly directed otherwise by the VAAR, and 38 CFR verification regulations for SDVOSBs and VOSBs.
(b) At the time of submission of offer, the offeror must represent to the contracting officer that it is a
1. SDVOSB concern or VOSB concern;
1. Small business concern under the North American Industry Classification System (NAICS) code assigned to the acquisition; and
1. Verified for eligibility in the VIP database.
(c) A joint venture may be considered an SDVOSB or VOSB concern if
1. At least one member of the joint venture is an SDVOSB or VOSB concern, and makes the representations in paragraph (b) of this section;
1. Each other concern is small under the size standard corresponding to the NAICS code assigned to the procurement;
1. The joint venture meets the requirements of paragraph 7 of the size standard explanation of affiliates in FAR 19.101; and
1. The joint venture meets the requirements of 13 CFR 125.15(b), modified to include veteran-owned small businesses where this CFR section refers to SDVOSB concerns.
(d) Any SDVOSB or VOSB concern (nonmanufacturer) must meet the requirements in FAR 19.102(f) to receive a benefit under this program.
(e) Exceptions: At the time of submission of an offer, previously verified VOSB firms identified by the Center for Veterans Enterprise (CVE) as currently undergoing the VOSB status verification renewal process are eligible for an expedited status review. However, an award shall not be made to the offeror-firm until verification is complete.
VETS 4212: Title 38, USC Section 4212(d) and Public Law 105-339, requires that federal contractors report, at least annually, the number and category of veterans who are within their workforce. Submission of the VETS 4212 reporting information can be done electronically at: <https://www.dol.gov/vets/vets4212.>. For procurement awards in excess of $30,000, this report must be completed and accepted prior to any Federal contract award. Therefore, all potential contractors are encouraged to file every year.
SYSTEM FOR AWARD MANAGEMENT (SAM): Federal Acquisition Regulations require that federal contractors register in the System for Award Management (SAM) database at http://www.sam.gov and enter all mandatory information into the system. Award cannot be made until the contractor has registered. Offerors are encouraged to ensure that they are registered in SAM prior to submitting their proposal.
SAFETY OR ENVIRONMENTAL VIOLATIONS AND EXPERIENCE MODIFICATION RATE:
All Bidders/Offerors shall submit the following information pertaining to their past Safety and Environmental record. The information shall contain, at a minimum, a certification that the bidder/offeror has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or any EPA violation(s) in the past three years.
All Bidders/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 bidder’s/offeror’s insurance company and be furnished on the insurance carrier’s letterhead.
Self insured contractors or other contractors that cannot provide their EMR rating on insurance letterhead must obtain a rating from the National Council on Compensation Insurance, Inc. (NCCI) by completing/submitting form ERM-6 and providing the rating on letterhead from NCCI. Note: Self insured contractors or other contractors that cannot provide EMR rating on insurance letterhead from the states or territories of CA, DE, MI, NJ, ND, OH, PA, WA, WY, and PR shall obtain their EMR rating from their state run worker’s compensation insurance rating bureau.
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 OSHA and EPA online inspection history databases will be used to make the Determination of Responsibility. Failure to affirm being within the guidelines above or submit this information will result in a determination of “Non-Responsibility” for the bidder/offeror. NOTE: Any information received by the Government that would cause for a negative Determination of Responsibility will make the bidder/offeror ineligible for award.
This requirement is applicable to all subcontracting tiers, and prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors.
Limitations on Subcontracting – Monitoring and Compliance
This solicitation includes VAAR clause 852.219-10 VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside and FAR clause 52.219-14 Limitations of Subcontracting. Accordingly, any contract resulting from this solicitation will include this clause.
The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor’s compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor’s offices where the contractor’s business records or other proprietary data are retained and to review such business records regarding the contractor’s compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor’s business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor (s) wil perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor’s compliance with the limitations on subcontracting or percentage of work performance requirement.
GENDER: Wherever the masculine gender is used in the solicitation and contract documents, it shall be considered to include both masculine and feminine.
CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)
This contract will require reporting in Contractor Performance Assessment Reporting System (CPARS); therefore, the contractor shall provide a POC to the contracting officer at time of award who will be responsible for managing reports/CPARs on this contract and will be assigned the role as “contractor representative” within CPARS.
This system is used Federal-agency wide as a solution for the collection of Contractor Past Performance Information (PPI). This is being implemented throughout Veterans Health Administration (VHA) in an attempt to be in compliance with the requirements of FAR part 42 for documenting contractor performance assessments and evaluations.
Past performance information is relevant information for future source selection purposes regarding a contractor’s actions under previously awarded contracts. It includes, for example, the contractor’s record of conforming to contract requirements and to standards of good workmanship; the contractor’s record of forecasting and controlling costs; the contractor’s adherence to contract schedules, including the administrative aspects of performance; the contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; the contractor’s record of integrity and business ethics, and generally, the contractor’s business-like concern for the interest of the customer. Each contractor is required to register in the Contractor Performance Assessment Reporting System (CPARS) @ https://www.cpars.gov. The Contracting Officer/Contracting Officer Representative will evaluate the contractor's performance annually. The report shall be assigned in CPARS to the contractor's designated representative (contractor representative) for comment. The contractor representative will have thirty (30) days to submit any comments and then re-assign the report to the VA Contracting Officer acting as the Assessing Official within CPARS. Failure to register and respond within the thirty days will result in the Government's evaluation being placed on file in the database with a statement that the contractor failed to respond.
SECURITY REQUIREMENTS
Special Agreement Checks (SAC) and issuance of Non-Personnel Identification Verification (Non- PIV) security badges for Contractor and Subcontractor Employees performing work under the contract.
All contractor employees who have access to VA sensitive information are subject to the same level of investigation as VA employees. Through the use of Appendix A of VA Handbook 6500.6, it has been determined that performance of this Construction requirement does not require any access to the VA Information Technology network; therefore; the inclusion of VAAR Security Clause 852.273-75 is not required.
The level of background investigation commensurate with the level of access needed to perform the statement of work for this Construction requirement is a Special Agreement Check (SAC) investigation, which equates to fingerprinting. This level of investigation requires all contractor and subcontractor employees performing work under this requirement to be fingerprinted and to be issued an appropriate security badge.
The Contractor is responsible for bearing the expense of all employee background investigations initiated, regardless of the final adjudication determination. The VA facility will pay for investigations conducted by the Office of Personnel Management (OPM); however, the General/Prime Contractor is responsible for reimbursing the VA. The following are estimated costs for each of the potential risk level background investigations.
| SAC (Fingerprints) | $ 24.95 | |
| NACI (Low Risk) | $ 231.00 | |
| MBI (Medium Risk) | $ 825.00 | |
| BI (High Risk) | $ 3,465.00 |
Where this guidance refers to “contractor employees” it is inclusive of all “subcontractor employees” performing under this contract as well.
CONTRACTOR: Upon receipt of Notice of Award, Contractor shall comply with the following processes in order to be in compliance with contract security requirements.
SPECIAL AGREEMENT CHECKS (SAC) AND NON-PERSONAL IDENTITY VERIFICATION – PIV (Security Badge) INSTRUCTIONS
1. Contractor POC will complete the Background Request Worksheet (Form #1) in its entirety, listing all employees that will be performing work under the construction requirement portion of this Construction project. Once completed, this form shall be submitted to the VHA Service Center (VSC) Personnel Security Office via password protected or encrypted email to VSCSecurity@va.gov or faxed to (216)447-8020.
NOTE: Due to the personal information contained in the Background Investigation Request Worksheet, the worksheet must be sent in a secure manner. Please DO NOT email a document containing social security numbers unless the email is encrypted.
Process that occurs after VSC receives Form #1 for processing: Within five business days of receiving the Background Investigation Request Worksheet, the VSC Personnel Security Office will enter a background investigation request into the VA Security Investigation Center (SIC) Contractor Request Database (CRD) for each contractor employee. When the request is entered, an automated “initial” e-mail is sent to the contractor point of contact listed on the Background Investigation Request Worksheet. The automated e-mail identifies the background investigation level requested (SAC) and provides a website link with further instructions.
If a contractor employee has a background investigation from another federal agency, it may be reciprocated as long as the background investigation meets the appropriate level designated in the current statement of work and has occurred within the last five years with a favorable adjudication and no break in service. Please be aware that any public trust case that is older than two years and does not have a favorable adjudication cannot be reciprocated unless it was a no issue case.
VSC Personnel Security Office staff will coordinate with the VA Security and Investigations Center (SIC) staff to verify reciprocity. If the contractor employee receives the automated email from the VA SIC CRD and believes he/she may be eligible for reciprocity, please contact the VA SIC using the contact information in the e-mail received. Reciprocity is NOT automatic. If a background investigation can be reciprocated, the VA SIC will send an email notification to the contractor.
Note: If contract personnel need to be added to perform work under this contract after the original Background Investigation Request Worksheet (Form #1) has been submitted, Contractor must update and submit another Background Investigation Request Worksheet (Form #1) to the VSC Personnel Security Office so that a background investigation can be initiated on each contract personnel added. When completing Form #1 for the additional contract employee, indicate next to the purchase order number field on Form #1 that this is an ADDITION.
The additional contract employee cannot start work until all security requirements outlined in this guidance are completed.
1. All contractor employees are required to be fingerprinted as part of the Special Agreement Check (SAC) requirement. Within five business days of Contractor receiving Notice of Award, each contract employee listed on Form #1 must take the VHA Special Agreement Checks (SAC) Memorandum (Form #2) and two forms of ID to their nearest VA facility to have their fingerprints submitted and the bottom portion of Form #2 completed by a fingerprinting official. Appointments for fingerprints should be made through the Contracting Officer Technical Representative or the local VA facility. Completed SAC forms shall be faxed or mailed directly to the VSC Personnel Security Office the same day the contractor employee is fingerprinted. Forms can be faxed or mailed directly to:
Personnel Security Office VHA Service Center (VSC) 6100 Oak Tree Blvd #500 Independence, Ohio 44131 Fax: (216) 447-8025 VSCSecurity@va.gov
Contractor shall inform the Contracting Officer Technical Representative (COR)/Contracting Officer when fingerprinting has been completed for each contract employee.
1. Each individual working on the contract or the contractor POC shall complete the VHA Service Center PIV Sponsorship Worksheet (Form #3) for each employee, in its entirety, and return to VSC Security Office as soon as possible, either via fax, encrypted email or password protected documents. Upon receipt of this form and final results of fingerprinting confirmation, the VHA Security Service Center will send an email notification to the Contractors point of contact and the Contracting Officer authoring contract employees to proceed with obtaining their required non-PIV security badge.
NOTE: No Notice to Proceed will be issued until the fingerprinting requirement (SAC) has been met and the VHA Service Center PIV Sponsorship Worksheet (Form #3) has been forwarded and processed through the VSC Personnel Security Office.
Security badges can and should be obtained at any VA Facility. Contact your Contracting Officer for a listing of all of the VA facility locations for fingerprinting and issuance of security badges. The same badge will be valid at all VA facilities throughout the contract period.
IMPORTANT points for Contract Employees to follow for obtaining non-PIV badges:
2. Contract employees shall work with the COR or PIV Office at the VA facility to verify the physical location of the PIV Point of Contact (POC). Contract employees shall call ahead to make an appointment with the VA facility PIV office.
2. Contract employees shall make sure they have two (2) forms of identification with them.
2. Contract employees shall inform the COR when badges have been received.
Your security badge must be displayed in accordance with the local VA directives (must be visible at all times while working at any VA facility).
In the event of a lost badge, contract employees must immediately contact their supervisor who in turn shall contact the COR. They must also contact the VHA Service Center (VSC), Personnel Security Service, and the local PIV office to report the loss.
1. These security badges are the Property of the United States Government; Contractor is REQUIRED to turn in all security badges at the last campus where work has been performed. After completion of the project, Contractor shall complete the Contractor Turn-In Inventory Report (Form #4) to verify that all badges have been collected and turned in to be destroyed. Any failure to collect, record and return security badges at the end of the contract performance period could result in a Poor Contractor Performance Rating in the Contractor Performance Assessment Rating System (CPARS).
See Attachment for Security Forms
2.1 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)
2.2 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 |
| 25.2 % |
| 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 Harrison County, WV.
(End of Provision)
2.3 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)
2.4 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— Wednesday, August 21, 2019 at 10:00am
(c) Participants will meet at— 1 Medical Center Drive, Clarksburg, WV 26301
(End of Provision)
2.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/
(End of Provision)
| FAR Number |
| Title |
| Date |
| 52.204-7 |
| SYSTEM FOR AWARD MANAGEMENT |
| OCT 2018 |
| 52.204-16 |
| COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING |
| JUL 2016 |
| 52.204-22 |
| ALTERNATIVE LINE ITEM PROPOSAL |
| JAN 2017 |
| 52.214-3 |
| AMENDMENTS TO INVITATIONS FOR BIDS |
| DEC 2016 |
| 52.214-4 |
| FALSE STATEMENTS IN BIDS |
| APR 1984 |
| 52.214-5 |
| SUBMISSION OF BIDS |
| DEC 2016 |
| 52.214-6 |
| EXPLANATION TO PROSPECTIVE BIDDERS |
| APR 1984 |
| 52.214-7 |
| LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS |
| NOV 1999 |
| 52.214-18 |
| PREPARATION OF BIDS—CONSTRUCTION |
| APR 1984 |
| 52.214-19 |
| CONTRACT AWARD—SEALED BIDDING—CONSTRUCTION |
| AUG 1996 |
| 52.214-34 |
| SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE |
| APR 1991 |
| 52.214-35 |
| SUBMISSION OF OFFERS IN U.S. CURRENCY |
| APR 1991 |
REPRESENTATIONS AND CERTIFICATIONS
3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.
(2) The small business size standard is $36.5 Million.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204–7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
[ ] (i) Paragraph (d) applies.
[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.
(vii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(ix) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.
(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)
(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xx) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.
(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.
(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations.
(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. This provision applies to all solicitations.
(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and
(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[X](i) 52.204-17, Ownership or Control of Offeror.
[X](ii) 52.
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