INSTRUCTIONS CONDITIONS AND OTHER STATEMENTS TO BIDDERS OFFERORS.pdf

36C24524B0021

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO

BIDDERS/OFFERORS

Instructions, Conditions and Other Statements to Bidders:

(a) Pricing shall be submitted utilizing the Bid Schedule, Continuation of Block 17 of SF-1442.

Bidders are urged to type or print pricing legibly.

(b) Offers are to be valid for 120 calendar days for acceptance. Any offers less than 120 calendar days will not be considered and will be rejected as non-responsive.

(c) A formal site visit is scheduled for this solicitation on October 16, 2024, at 10:00 a.m. EST.

Engineering Building 7, 513 Rosebud Plaza, Clarksburg, WV at the Clarksburg VA Medical Center.

(d) Technical Questions: Questions of a technical nature must be provided in writing and shall be submitted by prospective bidders to attention: Adam Bradford. Questions shall be submitted only via e-mail to: Adam.Bradford1@va.gov. The subject line must read: 36C24524B0021 Technical Questions. Oral questions of a technical nature are not acceptable due to the possibility of misunderstanding or misinterpretation. All questions must be received no later than 2:00 p.m. EST, November 04, 2024. No telephone request will be honored. Any questions received after this time will NOT be considered and a response will NOT be given. All technical questions and Government responses will be posted on SAM in an amendment to the solicitation.

(e) Bidders whose bid contains a Teaming Agreement must provide the following information at time of bid:

• Legal name of company that will be teaming with the bidding firm

• Legal address of the company that will be teaming with the bidding firm

• SAM UEI number of the company that will be teaming with the bidding firm

• Copy of the System Award Management (SAM) document of the company that will be teaming with the bidding firm.

• Bidding firm must submit a narrative identifying exactly how the Teaming Agreement will be written defining each party’s role in the preparation process and clearly defines separate roles for the proposed prime contractor and for the proposed subcontractor and how the proposed bidder intends to totally control contract performance. The teaming subcontractor must not have a role in contract management, particularly, a role where the teaming subcontractor employees are the key personnel. The narrative needs to contain the listing of team members, responsibilities of the team members, duration, and responsibilities of the team lead contractor.

All bonds must be in the bidder’s name. Failure to provide complete narrative describe above at time of bid will be considered non-responsive and their bid will be rejected.

Prior to award, should the lowest bidder indicate their bid contains a Teaming Agreement, the bidder has ten (10) calendar days to provide a duly executed Teaming Agreement acceptable to the Contracting Officer once the bidder is notified in writing. Failure to provide a duly executed Teaming Agreement within the required ten (10) calendar day timeframe will result in non-responsive bid and rejection of that bid.

(e) Safety or Environmental Violations and Experience Modification Rate

“All Bidders/Offeror’s 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/Offeror’s 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 may result in a determination of “Non-Responsibility” for the bidder/offeror. Failure to submit this information may result in a determination of “Non-Responsive” for the bidder/offeror.

NOTE: Any information received by the Government that would cause for a negative Determination of Responsibility may make the bidder/offeror ineligible for award.

All bidders shall meet reporting requirements to be in compliance with VETS 4212 as outlined within the solicitation and as prescribed in FAR 52.222-37.

Failure to furnish the required information will be considered as Non-Responsive and will be cause for rejection.

(g) All respondents must be registered in the System Award Management System (SAM) data base at time of bid submittal. Offerors must be verified in the Department of Veterans Affairs (VA),Center for Veterans Enterprise(CVE) at https://veterans.certify.sba.gov at time of bid offering in accordance with Veterans Affairs Acquisition Regulation (VAAR) Subpart 819.7003(b) . Any offeror not CVE or SAM verified at time of bid submittal will be disqualified and bid will be rejected.

(h) Limitations on Subcontracting - Monitoring and Compliance This solicitation includes (VAAR) 852.219-10, VA Notice of 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 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) 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.

(i) Infection Control Requirements.

Prior to issuance of the notice to proceed an approved Infection Control Risk Assessment (ICRA) plan must be submitted and approved. The plan will be strictly enforced to also include the completion of infection control training.

(j) A public bid opening will take place at 2:00 p.m. EST on November 14, 2024 at the Clarksburg VA Medical Center, Engineering Building 7 513 Rosebud Plaza, Clarksburg, WV 25801.

(k) VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors

1. Covid-19 Screening:

Contractors will be treated in the same manner with respect to screening as VA employees and visitors to VA facilities. Screening procedures may vary from location to location. If a contractor refuses screening, they can be denied access to the facility. 38 C.F.R. § 1.218(a)(1) vests the Secretary or his designee with authority to close facilities or portions of facilities that are under the charge and control of VA to the public. This includes the authority to prohibit contractors from entering VA facilities, if they refuse to undergo screening measures. Additionally, FAR 52.212-4(q) requires contractors to comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under contracts for commercial services and supplies. Also see these FAQs under the “Stop Work” topic for guidance regarding non-performance.

2. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

BIDDERS ARE REQUIRED TO COMPLETE AND SUBMIT THE FOLLOWING STATEMENT

(l) Contractor Certification: The Contractor certifies that the Contractor shall comply with any and all legal provisions contained in the Immigration and Nationality Act of 1952, As Amended;

its related laws and regulations that are enforced by Homeland Security, Immigration and Customs Enforcement and the U.S Department of Labor as these may relate to non-immigrant foreign nationals working under contract or subcontract for the Contractor while providing services to Department of Veterans Affairs patient referrals;

While performing services for the Department of Veterans Affairs, the Contractor shall not knowingly employ, contract or subcontract with an illegal alien; foreign national non-immigrant who is in violation their status, as a result of their failure to maintain or comply with the terms and conditions of their admission into the United States. Additionally, the Contractor is required to comply with all “E-Verify” requirements consistent with “Executive Order 12989” and any related pertinent Amendments, as well as applicable Federal Acquisition Regulations.

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 discretion, require that the foreign national who failed to maintain their legal status in the United States or otherwise failed to comply with the requirements of the laws administered by Homeland Security, Immigration and Customs Enforcement and the U.S Department of Labor, shall be prohibited from working at the Contractor’s place of business that services Department of Veterans Affairs patient referrals; or other place where the Contractor provides services to veterans who have been referred by the Department of Veterans Affairs; and shall form the basis for termination of this contract for breach.

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

Signature: ____________________________________________

Date: ____________________________________________

Typed Name and Title: ___________________________________

Company Name: ______________________________________

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.