SOW 122624.pdf

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

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 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).

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 $150,000, this report MUST be completed and accepted prior to any Federal contract award. Contractor MUST be registered in

VETS4212 database prior to contract 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. Contractor MUST be registered in SAM before contract award.

Pricing shall be submitted utilizing the Bid Schedule, Continuation of Block 17 of SF-1442. Bidders are urged to type or print pricing legibly.

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.

This contract is being solicited as an Invitation for Bids (IFB). Award will be made as a Firm Fixed Price contract to the lowest responsive and responsible bidder.

A formal site visit is scheduled for this solicitation on December 11, 2024 at 10 AM Local Time.

Technical Questions: Questions of a technical nature must be provided in writing and shall be submitted by prospective bidders to attention: Rebecca Besten. Questions shall be submitted only via e-mail to: jerry.jones@va.gov. The subject line must read: 36C24525B0001 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 3:00 p.m. Local Time December, 19, 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.gov in an amendment to the solicitation.

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

http://www.sam.gov/ mailto:jerry.jones@va.gov

• 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

• Duns & Bradstreet 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.

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 as well as failure to submit the information above may result in a determination of “Non-Responsiveness” 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 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 http://www.vetbiz.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.

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.

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.

A public bid opening will take place at 3:00 p.m. on January 8, 2025 at the Contracting Offices located at 510 Butler Ave, Bldg 306A, Martinsburg WV.

SIZE DETERMINATION: For the purpose of this procurement for construction, a concern is 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.

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.

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 http://www.vetbiz.gov/ 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 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.

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;

(2) Small business concern under the North American Industry Classification System (NAICS) code assigned to the acquisition; and

(3) 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;

(2) Each other concern is small under the size standard corresponding to the NAICS code assigned to the procurement;

(3) The joint venture meets the requirements of paragraph 7 of the size standard explanation of affiliates in FAR 19.101; and mailto:va.registration@ob10.com http://www.fsc.va.gov/fsc/einvoice.asp

(4) 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.

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) 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, Independence Day, Labor Day, Columbus Day, Thanksgiving Day, Veterans Day, and Christmas Day.

CONTRACTOR CERTIFICATION: IMMIGRATION AND NATIONALITY ACT OF 1952, AS

AMENDED

Contractor to provide a signed copy of the following certification upon bid submission.

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.

DESCRIPTION OF WORK: Contractor shall completely prepare site for building operations, including demolition and removal of existing structures, and furnish labor and materials and perform work for the

Renovation of Business Center as required by drawings and specifications.

BID ITEM NO.1, BASE BID: Furnish all labor, tools, materials, equipment and supervision to renovate

Building 500 Patient Business Center. Work includes general construction, alterations, necessary to complete the full scope of work as defined in the contract documents.

Renovation of approximately 2,000 sf on the First Floor, section A at the Martinsburg VAMC main hospital into a Business Center. This Project will be an interior renovation, and includes, but is not limited to the following items:

a. Interior demolition and repair

b. Infection control (ICRA) Measures

c. New Interior walls, finishes, ceilings, etc.

d. New Equipment and Casework

e. New LED lighting and controls

f. New Plumbing including kitchenette, HVAC piping, etc.

g. Relocation and repair of existing Fire Protection system.

h. Other Items as shown in the Contract Documents.

CONSTRUCTION COMPLETION TIME: 180 of which 60 Calendar days will be on site. All submittals must be approved, and materials obtained before mobilization on site.

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.

COST RANGE: $500,000.00 to $1,000,000.00.

SIZE DETERMINATION: For the purpose of this procurement for construction, a concern is 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.

DOCUMENTS REQUIRED WITH BID PACKAGE:

Completed 1442 – pages 1 & 2

Offer Guarantee/Bid Bond

Representations and Certifications

Price Proposal with Complete Breakdown

Contractor Certification

VAAR Clause 852.219-75 signed