36C24523B0009_2.docx

36C24523B0009

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)

1. 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.

36C24523B0009 X 10-25-2023 512-22-201 Department of Veterans Affairs VA Maryland Health Care System Contracting Officer (90C) P.O. Box 1000, Bldg. 101, Room 26 Perry Point MD 21902 Department of Veterans Affairs VA Maryland Health Care System C/O Shawn Shafer 510 Butler Ave, Building 306A-11 Martinsburg, WV 25405 WV 25405 Brandon Parker 410-642-2411 x24006 Contractor to supply all labor, supervision, travel, equipment, tools, materials, inspection/testing services, and legal disposal of waste materials to replace boilers in building #4 at Loch Raven VAMC, 3901 Loch Raven Blvd, Baltimore, MD 21218. If there is a conflict between the drawings and specifications, contractor shall submit RFI, and the VA will make final determination of requirement.

Period of Performance: 180 calendar days from Notice to Proceed.

A site visit will occur 10/31/2023 at 11:

00AM at the Loch Raven VAMC. The site visit will begin at Building #4, Facilities and Engineering Office.

Questions relating to this solicitation must be submitted in writing via email to brandon.parker2@va.gov no later than 3:00PM on 11/07/2023. All inquiries for this solicitation must be sent electronically attached RFI document, "RFI Submission".

All bids must be received electronically by the CO at brandon.parker2@va.gov by 2:00PM EST on 12/05/2023. Ensure a copy of the bid guarantee is included with your electronic bid and the hard copies of bid guarantees must be received at the following address by bid due date and time of 2:00PM on 12/05/2023:

Martinsburg VA Medical Center C/O Shawn Shafer 510 Butler Ave, Building 306A-11 Martinsburg, WV 25405

Bid opening will occur at 2:00PM on 12/05/2023 on Microsoft Team s with Meeting ID: 299 004 946 613, Passcode: x6u2Vb at https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting.

This is a 100% Service-Disabled Veteran Owned Business Set-Aside.

Contractor must be verified in VetCert to be eligible for award. Primary NAICS Code: 236220, Size Standard: $45M, Magnitude of Construction: $250,000 to $500,000.

X X 52.211-10 X 14:00

EST

12-05-2023 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMEN

DMENTS

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 pr int) (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

Department of Veterans Affairs VA Maryland Health Care System Contracting Officer (90C) P.O. Box 1000, Bldg. 101, Room 26 Perry Point MD 21902

PAYMENT WILL BE MADE BY

FSC e-Invoice Payment Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp Invoice Setup Information 1-877-489-6135

Table of Contents

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

1.1 SCOPE OF WORK

SCOPE OF WORK – 512-22-201

1. PROJECT DATA:

CONSTRUCTION

DURATION: 180 days from Receipt of Notice to Proceed

2. GENERAL SCOPE:

MECHANICAL

· The contractor shall provide all supervision, labor, materials, and equipment to perform replacement of existing boilers at Building 4 of the Loch Raven VAMC in Baltimore, MD.

· Building 4 is a non-mission critical building that houses engineering, facilities, police, and law offices. The building is scheduled for demolition in approximately 3 years.

· The existing system consists of two (2) Lochinvar, 990 MBH copper-fin, heating water boilers. The two boilers are old and in need of replacement.

· Existing combustion air and flue piping is connected to the boilers and extends through the adjacent exterior wall. The 10” combustion air piping terminates directly outside the wall with wall cap, and the 10” flue piping runs vertically and discharges above the roof.

· Existing heating water supply and return piping serves the make-up air unit, baseboard heaters, and unit heaters located throughout the building.

· The existing system consists of an existing expansion tank, air separator, and two heating water pumps (57 GPM each), and unit heater located in the mechanical room.

· Existing condensate piping from the boilers discharges into a floor drain located adjacent to the boilers.

· Existing boilers are constant volume and modulate to maintain 180 degrees F supply water temperature.

OBJECTIVES

· The existing boilers and all associated accessories will be removed. The proposed system includes adding two (2), 1,000 MBH high efficiency, condensing water boilers. New heating water supply and return piping will be added to accommodate the revised layout and will connect to the existing mains.

· The existing air separator, expansion tank, and heating water pumps will remain.

· New 50 GPM boiler circulating pumps will be supplied with each boiler.

· The selected condensing water boilers are unable to meet all requirements in the Safety Device Testing manual, however, OCAMES granted approval since this is a temporary installation and the building is to be demolished.

· New 6” combustion air and flue piping will be added for each boiler. The flue

· A new 670 CFM exhaust fan will be added to provide 6 air changes per hour of

· The existing air separator, expansion tank, and heating water pumps will remain in the new system.

· Dual fuel is not required for this application. The option was requested by the

· Packaged boiler controls shall be integrated into existing building automation system for monitoring and alarm.

· The boilers shall switch manually for lead/lag based on run time, per VHA directive 1810.

· On a call for heating, the lead boiler control valve shall modulate open,

PLUMBING

· Condensate and gas piping will be revised to accommodate the new boiler layout.

· Revisions to both the gas piping and condensate shall be shown or referenced on the mechanical plans.

· Gas piping from existing 3” low pressure line, condensate from new boilers will be through acid neutralization and extend to floor drain.

· Make-up water enters the system through the existing air separator. This will be existing to remain.

· The existing water heater will remain in place.

ELECTRICAL

Existing Conditions & Demolition

· The electrical equipment serving existing boilers and related mechanical equipment, in Building 4, will be removed. All power and control wiring serving legacy equipment shall be removed back to the power source. Building 4 existing loads are fed from Panel L, located on the wall outside of the Mechanical Room. This panel will serve new loads as capacity and space is made available after demolition.

Proposed Systems

· The electrical distribution in Building 4 will be upgraded to serve two (2) new boilers and relocated controls along with a temporary generator. In the event of a loss of power, a temporary generator will be provided to serve Panelboard L. Upgrades will include a new 200A manual transfer switch and 200A generator connection box.

Applicable Codes and Guides:

· NFPA 70 National Electrical Code (NEC)

· NFPA 99 Healthcare facilities

· NFPA 101 Life Safety Code

· VA Electrical Design Manual (EDM)

· National Electrical Manufacturers Associations (NEMA)

· Institute of Electrical and Electronics Engineers (IEEE) Wiring Systems:

· Minimum conduit size will be ¾”.

· Exposed interior conduits will be electrical metallic tubing (EMT).

· Exposed exterior conduits will be rigid metallic conduit (RMC).

· Concealed conduits in offices, support areas and toilet rooms will be EMT.

· Motors and other vibrating equipment will be connected with flexible metal conduit (FMC), or in damp or wet locations liquid tight flexible metallic conduit (LFMC); length not to exceed 3 feet.

Types of Conductors:

· Conductors shall be rated 600 volts. Minimum size shall be No. 12 AWG for power and No. 14 AWG minimum for control circuits.

· Conductors for interior use will be type THHN/THWN, thermoplastic insulated.

· Grounding conductors, not in raceways, will be solid bare copper, soft drawn.

Design Standards:

· Phase conductors to be sized for instantaneous voltage drop per NEC 517.73

· Voltage drop for branch circuits will not exceed three percent.

· Voltage drop for motor circuits will not exceed five percent.

· Total voltage drop for both feeder and branch circuits will not exceed five percent.

Power Design Standards:

· Disconnects will be provided for all mechanical system and HVAC equipment as required by the National Electrical Code.

· The ground conductor for the power feeder shall be the same size as the phase conductor wires. The separate ground wire connections from building steel to the ground busbar shall be sized per NFPA70 - Article 250, as a minimum standard. All circuits will include a green insulated ground conductor.

3. GENERAL CONDITIONS AND DEFINITIONS:

· VAMHCS: Veterans Affairs Maryland Health Care System.

· VA: Veterans Affairs.

· ICCP: Infection Control Construction Permit.

· ILSM: Interim Life Safety Measures: Any series of Operational Actions taken to temporarily reduce Hazards posed by Life Safety deficiencies which have been created by demolition, renovation, or construction works, and which are to remain in place and in effect for duration of Contract work.

· NFPA – NFC: National Fire Protection Association – National Fire Codes.

· NEC: National Electrical Code, NFPA – NFC Standard 70.

· PROVIDE: Whenever used throughout Scope of Work, term “Provide” is to be understood to mean - Purchase newly manufactured; Furnish delivered to VAMC work site in protective containers; Secure from tampering or theft; and Install in accordance with Contract Scope of Work, Drawings, Specifications, and Manufacturer’s Instructions all required items of administrative submittals, labor, demolition, construction, equipment items, and installation works for entirety of Contract.

4. SUBMITTAL REQUIREMENTS:

· Provide submittals as indicated in the “Schedule of Contractor’s Submittals” listed at the end of this section.

· Furnish to the Contracting Officer, for approval, four (4) prints of all shop drawings, product data, and catalogue cuts, of all equipment and materials furnished under this contract, before purchase, manufacturer or construction. No work can proceed without approved submittals. The Contracting Officer will examine these submittals and one copy returned to the Contractor for correction, if necessary. COTR may require additional submittals for different items not mentioned in this scope of work.

· Itemized below is a list of materials requiring drawings, certifications, manufacturer’s literature, data brochures, Material Safety Data Sheets, technical data, and samples. These materials as noted shall be submitted to the Contracting Officer by the Contractor for approval using the appropriate form approved by the Contracting Officer.

· All submittals, except warranties and operating instructions, as noted below, shall be submitted not later than 7 days after receipt of the Notice to Proceed or as specified by the Contracting Officer.

· The Contracting Officer shall return the submittals approved or disapproved within 5 days after receipt, by VA Form 08-6225. If submittals cannot be made within 7 days after Notice to proceed or as specified by the Contracting Officer, the Contracting Officer shall be advised of the difficulty and an extension of time requested.

· Warranties and operating instructions are required at the completion of the Contract work. Three copies of all warranties and operating manuals shall be provided unless otherwise specified.

Schedule of Contractor’s Submittals:

List of subcontractors, Project Superintendent, & Relevant Work Site Employees Company name, address, phone Employee name, Company, trade address, phone and min 5 years’ experience required.

Construction Schedule with phasing plan Progress Schedule Updated upon submittal of invoice every month. Two week look ahead schedule shall be submitted every two weeks.

Submittals: Pipes, connections, anchorage, insulation, fire proofing, gypsum, ceiling systems, valves, water heater, mixing valves, expansion tanks, as-builts, water line field condition layout

Electronic submission.

5. SAFETY PRECAUTIONS

· The Contractor shall comply with all applicable Federal, State and local legal requirements regarding workers health and safety. The requirements include but are not limited to, those found in Federal and State Occupational Safety and Health Act (OSHA) statutes and regulations, such as applicable provisions of Title 29, Code of Federal Regulations (CFR) Parts 1910 and 1926. Contractor is solely responsible for determining the legal requirements that apply to activities and shall ensure safe and healthful working conditions for its employees.

· Contractor shall assume the responsibility to guard against causing of fires and/or explosions and to protect Government Property, reference NFPA 241 and 29 CFR 1926.

· The Contractor shall perform the work in a manner consistent with the area security and fire safety regulations especially with regard to exits and exit way access. Utility shutdowns shall not compromise security, communication or fire safety for occupants.

· No flammable liquids shall be stored or used in the medical center.

· The necessary number and appropriate types of portable fire extinguishers are required per National Fire Protection Association (NFPA) 10 and NFPA 241.

· The Contractor shall receive from the COTR a permit for all cutting, welding, and soldering. All permits shall be prominently displayed during all construction.

· All necessary precautions shall be taken by the contractor to prevent accidental activation of any existing smoke detectors or sprinkler heads.

6. HAZARDOUS MATERIAL REPORTING:

· The Contractor shall maintain hazardous material inventories and material safety data sheets (MSDS) for all hazardous materials (as defined in CFR 1910.120, 40 CFR’s 355, 370, & 372) to be stored and used on this Medical Center. Hazardous materials must be inventoried when received and at the completion of the project. The amounts used shall be maintained for the project duration, and for the calendar year (ending 31 December).

· Hazardous Materials Inventories, Material Safety Data Sheets and material quantities used shall be submitted to the Contracting Officer for approval.

· In the event of a spill, Contractor shall immediately notify the Contracting Officer’s Technical Representative (extension 5062) as well as the Contracting Officer. The Contractor shall be solely responsible for the expense of any cleanup of such spill, and the cleanup shall be in accordance with the applicable provisions of 40 CFR Part 761.

7. ENVIRONMENTAL PROTECTION:

· In order to provide for abatement and control of all environmentally hazardous materials arising from demolition and/or construction activities, the Contractor shall comply with all applicable environmentally hazardous material control and abatement and all applicable provisions of the Corps of Engineers’ Manual EM 385-1-1, “General Safety Requirements” as well as the specific requirements stated elsewhere in the Contract Documents.

8. INTERIM LIFE SAFETY MEASURES (ILSM)/INFECTION CONTROL RISK ASSESMENT(ICRA)

· In work that is within Patient Care area and areas impacted by life safety plan will require the contractor to provide detail definition of the work activity within the area to acquire permit for ICRA and ILSM from VA Medical Center. No work will be permitted without such measures.

9. INFECTION CONTROL RISK ASSESMENT(ICRA)

· In work that is within Patient Care area and areas impacted infectious and air borne particles the contractor to provide detail definition of the work activity/layout and procedures/equipment and machinery being used within the area to acquire permit for ICRA from VA Medical Center. No work will be permitted without such measures. Contractor will be required to provide means of controlling dust/other infectious control measure as required by the VA epidemiologist/nurse manager.

10. APPLICABLE DRAWINGS/SPECIFICATION

· Design Specifications 100% Construction Documents – May 26, 2023

LOCH RAVEN REPLACE BUILDING 4 BOILERS – DESIGN VAMHCS MEDICAL CENTER, BALTIMORE, MD 21201 100% CONSTRUCTION DOCUMENTS - MAY 26, 2023

END OF SCOPE OF WORK

1.2 INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE, AND BONDS

CONSTRUCTION COMPLETION TIME (after Notice to Proceed): 180 calendar days.

MAGNITUDE: Between $250,000.00 and $500,000.00.

SIZE DETERMINATION: For this procurement for construction, a concern is considered small if its average annual receipts for its preceding 3 fiscal years did not exceed $45 million. The NAICS code is 236220.

PARTIAL PAYMENTS will be made monthly as the work progresses, in accordance with the Schedule of Values and actual work completed.

MINIMUM RATES OF WAGES, required by the Davis Bacon Act (40 U.S.C. 276a), as amended, to be paid the various classes of laborers and mechanics employed on this work are set forth in the specifications.

After bids are publicly opened, an award will be made with reasonable promptness to that responsible bidder, whose bid Conforming to the invitation for bids, will be most advantageous to the Government, considering only bid price and the price related factors included in the invitation. Award shall not be made until all required approvals have been obtained and the award otherwise conforms to FAR 14.103-2.

1. Bidding materials may be obtained at https://sam.gov/content/opportunities. Contractors are responsible for downloading required documents.

2. Subcontractors, material firms, and others interested in preparing sub-bids may view the interested parties list at https://sam.gov/content/opportunities to obtain a list of organizations, such as Builders Exchanges, Chambers of Commerce, Contractors and others, who have received bidding materials.

3. A bid guarantee is 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. Hard copies of the bid guarantee must be received at the following address by bid opening:

Martinsburg VA Medical Center c/o Shawn Shafer 510 Butler Ave, Building 306A-11 Martinsburg, WV 25405

4. If the contract will exceed $100,000.00 (see Far 28.102-1 for lesser amount), the bidder to whom award is made will be required to furnish two bonds, a Payment Bond, SF 25A, and a Performance Bond, SF 25, each in the penal sum as noted in the General Conditions of the Specification. Copies of the SF 25 and 25A may be obtained upon application to the issuing office.

5. 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 must be registered in the SAM to be eligible to participate 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).

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 more than $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. All bidders MUST complete their report prior to award.

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. All bidders MUST be registered in SAM prior to award.

6. SAFETY OR ENVIRONMENTAL VIOLATIONS AND EXPERIENCE MODIFICATION RATE: All Bidders/Offerors shall submit information pertaining to their past Safety and Environmental record. The information must contain 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. If such certification cannot be made, a Bidder/Offeror shall explain why and submit as much information as possible regarding the circumstances of its past safety and environmental record, including the number of EPA violations and/or the number of serious, repeat, and/or willful OSHA violations, along with a detailed description of those violations.

All Bidders/Offerors shall submit information regarding their current Experience Modification Rate (EMR). This information shall be obtained from the Bidder’s/Offeror’s insurance carrier and be furnished on the insurance carrier’s letterhead. If a Bidder/Offeror’s EMR is above 1.0, Bidder/Offeror must submit a written explanation of the EMR from its insurance carrier furnished on the insurance carrier’s letterhead, describing the reasons for the elevated EMR and the anticipated date the EMR may be reduced to 1.0 or below.

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.

If the NCCI cannot issue an EMR because the Bidder/Offeror lacks insurance history, Bidder/Offeror shall submit a letter indicating so from its insurance carrier furnished on the insurance carrier’s letterhead and include a letter from the NCCI indicating that is has assigned Bidder/Offeror a Unity Rating of 1.0.

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 an initial Determination of Responsibility.

This requirement is applicable to all subcontracting tiers, and prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors.

7. REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE SYSTEM (CPARS): As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (VA) evaluations contractor past performance on all contracts that exceed $100,000.00 and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that the contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement VA uses an online database, the Contractor performance System (CPS) which is maintained by the National Institutes of Health (NIH). The CPS database information is shared with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies.

Each contractor whose contract award is estimated to exceed $100,000.00 is required to register with the database at the following web address: http://www.cpars.csd.disa.mil/cparsmain.htm. Help in registering can be obtained by contacting CPS Support E-mail or by calling. Registration should occur no later than thirty days after contract award and must be kept current should there be any change to the contractor’s registered representative.

For contracts with a period of one year or less, the contracting officer will perform a single evaluation when the contract is complete. For contracts exceeding one year, the contracting officer will evaluate the contractor’s performance annually. Interim reports will be filed each year until the last year of the contract, when the final report will be completed. The report shall be assigned in CPS to the contractor’s designated representative for comment. The contractor representative will have thirty days to submit any comments and reassign the report to the VA contracting officer.

Failure to have a current registration with the, or to reassign the report to the VA contracting officer within those 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.

CONTRACTOR CERTIFICATION: IMMIGRATION AND NATIONALITY ACT OF 1952, AS AMENDED

The Contractor certifies that the Contractor will comply with all applicable legal provisions contained in the Immigration and Nationality Act of 1952, 8 U.S.C. §1101 et seq. as amended; and related laws and regulations and applicable Executive Orders that relate to non-U.S. citizens (“non-Citizen”) working under contract or subcontract for the Contractor while providing services to Department of Veterans Affairs.

While performing services for the Department of Veterans Affairs, the Contractor shall not knowingly employ, contract, or subcontract with any non-Citizen who is not eligible to work in the U.S. Additionally, the Contractor is required to comply with all “E-Verify” requirements consistent with Executive Order 12989 and any related amendments, as well as relevant Federal Acquisition Regulations. Contractor is also required to comply with any credentialing or background investigations that VA requires for the occupation.

If the Contractor fails to comply with any requirements outlined in the preceding paragraphs or its Agency regulations, the Department of Veterans Affairs may, at its sole discretion, require that the Non-Citizens who failed to meet the work authorization requirements or otherwise failed to maintain their legal status in the United States be immediately prohibited from working at the Contractor’s place of business that services Department of Veterans Affairs patient referrals or any other place where the Contractor provides services to veterans who have been referred by the Department of Veterans Affairs; and may provide grounds for termination of this contract for breach. Contractor agrees to hold VA harmless for any adverse actions resulting from the Contractor’s removal of a Non-Citizen from VA services.

The Contractor agrees to obtain a similar certification from its subcontractors.

This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under 18 U.S.C. 1001.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 INSTRUCTIONS, CONDITIONS, AND OTHER STATEMENTS TO BIDDERS/OFFERORS

PRE-CONSTRUCTION CONFERENCE: Upon receipt of Award Notice and prior to attending the pre-construction conference, the successful bidder shall have completed the required contractor documentation. Contractor staff working on site will be required to always wear the badges 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 Technical 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 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 and COR a copy of all invoices before they are submitted. All invoices must be approved before submitting.

SAM and VETS4212 REGISTRATION: Contractor MUST be registered in the System for Award Management (SAM) and the VETS4212 database before contract award. SAM can be accessed at http://www.sam.gov, and VETS4212 can be accessed at https://www.dol.gov/vets/vets4212.htm.

804.1102 Vendor Information Pages (VIP) Database: All VOSBs and SDVOSBs must be listed as verified in the VetCert database, available at Veteran Small Business Certification (sba.gov).

Limitations on Subcontracting – Monitoring and Compliance This solicitation includes VAAR clause 852.219-73 VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside. 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 while 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) will 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.

WORK HOURS: Normal work hours are defined as Monday-Friday, 8:00am-4:30pm local time, excluding weekends and National holidays and any other day specifically declared by the President of the United States to be a National Holiday.

NOTE: FEDERAL HOLIDAYS: The eleven holidays observed by the Federal Government are: New Year’s Day, Martin Luther King’s Birthday, Washington’s Birthday, Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Columbus Day, Thanksgiving Day, Veterans Day, and Christmas Day.

The Contractor shall be liable for, and shall indemnify and hold harmless the Government against, all actions or claims for loss of or damage to property or the injury or death of person(s), resulting from the fault, negligence, or wrongful act or omission of the Contractor, its agents, or employees.

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. Using 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.

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 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 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 the Background Request 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 if 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 has been submitted, Contractor must update and submit another Background Investigation Request Worksheet to the VSC Personnel Security Office so that a background investigation can be initiated on each contract personnel added. When completing the Background Request for the additional contractor employee, indicate next to the purchase order number field that this is an ADDITION.

The additional contractor 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 contractor employee listed on the form must take the VHA Special Agreement Checks (SAC) Memorandum and two forms of ID to their nearest VA facility to have their fingerprints submitted and the bottom portion of this form 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 contractor employee.

1. Each individual working on the contract or the contractor POC shall complete the VHA Service Center PIV Sponsorship Worksheet 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 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 contractor 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 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 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 Contractor Employees to follow for obtaining non-PIV badges:

2. Contractor 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). Contractor employees shall call ahead to make an appointment with the VA facility PIV office.

2. Contractor employees shall make sure they have two (2) forms of identification with them.

2. Contractor 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 always visible while working at any VA facility).

In the event of a lost badge, contractor 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 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).

VA CARD TYPES AND REQUIREMENTS

The PIV Card is issued to VA Applicants who require unsupervised, full-time, logical and/or physical access for a continuous period more than six months or 180 aggregated days in a one-year period. In accordance with OMB Directive M-05-24, the physical access requirement includes VA or other federally owned or leased space, whether for single or multi-tenant occupancy, and its grounds and approaches, all, or any portion of which is under the…