36C24622B0034.pdf

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Z1DA--Asphalt Patching Federal contract opportunity
Solicitation number
36C24622B0034
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 6

About this file

This solicitation is for asphalt patching services at the Salem Veterans Affairs Medical Center in Salem, Virginia. The contractor will provide all labor, materials, equipment, and supervision to complete total reconstruction of approximately 30,974 square feet of roadway and mill and fill of approximately 52,730 square feet of roadway. The work includes removal and replacement of existing pavement materials to a minimum depth. The project is set aside for Service-Disabled Veteran-Owned Small Businesses. The contractor must perform a minimum of 25% of the construction work with its own labor force. Sealed bids are due by August 17, 2022 and will be opened on August 18, 2022. The project is estimated to be completed within 200 calendar days of the notice to proceed.

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Other files for this federal contract opportunity

Other files attached to Z1DA--Asphalt Patching, newest first.
File Type Posted
36C24622B0034 0006.pdf PDF
S07 Bid Abstract_Asphalt paving 9-1-2022.pdf PDF
BID OPENING ASPHALT PROJECT - Attendance report 9-1-22 (1).pdf PDF
S05 revised answer.pdf PDF
36C24622B0034 0005.pdf PDF
36C24622B0034 0005_1.docx DOCX document
36C24622B0034 0004.pdf PDF
36C24622B0034 0004_1.docx DOCX document
SO5SiteVisitQuestionsAshpalt.pdf PDF
S06 36C24622B0034 0003.pdf PDF
36C24622B0034 0003_1.docx DOCX document
S04SiteVisitLogAsphalt.pdf PDF
36C24622B0034 0002.pdf PDF
36C24622B0034 0002_1.docx DOCX document
36C24622B0034 0001.pdf PDF
36C24622B0034 0001_1.docx DOCX document
Asphalt Patching - Site Drawing.pdf PDF
36C24622B0034_2.docx DOCX document
Asphalt Patching - Specs.pdf PDF
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1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION 3. DATE ISSUED PAGE OF PAGES

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014) STANDARD FORM 1442

Prescribed by GSA-FAR (48 CFR) 52.236-1(d)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION SOLICITATION

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SEALED BID (IFB)

NEGOTIATED (RFP)

11. The Contractor shall begin performance within ____________ calendar days and complete it within ____________ calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See _____________________________).

YES NO

a. Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

b. An offer guarantee is, is not required.

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

1 68

36C24622B0034 X

07-18-2022

TBD

N/A

Department of Veterans Affairs Network Contracting Office 6 1970 Roanoke Blvd.

Salem VA 24153

1970 Roanoke Blvd.

Salem VA 24153

Shannonmarie Brown shannonmarie.brown@va.gov

Project Title: Asphalt Patching NAICS CODE: 237310 - Highway, Street, and Bridge Construction | Size Standard: $39.5 Million IAW FAR 36.204(e), Magnitude of construction is between $500,000 and $1,000,000.

IAW 38.US.C.8127(d), This is a TOTAL SERVICE DISABLED VETERAN OWNED SMALL BUSINESS (SDVOSB) SET-ASIDE The SDVOSB is required to perform a minimum of 25% of the construction work on the project with its own labor force.

This does not include paperwork, submittals, and project management.

This contract will be awarded IAW FAR 14- Sealed Bidding.

IAW established public law, all bids are required to be registered and current in System for Award Management(SAM) at the time of award. The official website of the U.S. Government at www.sam.gov.

Pre-Bid Conference / Site Visit will be conducted Tuesday, July 26 at 9:00 AM EST Location: Pavilion located on the back side of Building 74 at the Salem Veterans Affairs Medical Center (VAMC)

Questions are due no later than Tuesday, August 2, 2022 at 2:30 PM EST all questions will be emailed to Shannonmarie.brown@va.gov. No telephone calls will be accepted.

Sealed bids are due no later than Wednesday, August 17, 2022 at 2:30 PM EST; bid opening will be Thursday, August 18, 2022 at 10:00 AM EST. Bid opening will be conducted in a virtual environment via Microsoft Teams, instructions to observe bid opening can be found in solicitation.

Project Description: Contractor shall provide all labor, materials, tools, equipment, and supervision to perform all all operations necessary to complete project Asphalt Patching. All work shall be in strict accordance with the SOW Specifications, and Drawings to include final clean up and completion of any punch list items.

See the BASE BID ITEM LIST, the specifications, and drawings for additional descriptions.

Prime SDVOSB shall comply with subcontracting limitations as defined in 13 CFR 125.6 IAW FAR 52.228-1 Bid Bond is required

15 200

X X 52.211-10

X 15

1 PDF 2:30PM EDT

08-17-2022

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 10 U.S.C. 2304(c)( ) 41 U.S.C. 3304(a) ( )

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY

PHONE: FAX:

28. NEGOTIATED AGREEMENT 29. AWARD Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31a. NAME OF CONTRACTING OFFICER

TO SIGN

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. AWARD DATE

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

(Include ZIP Code) (Include area code)

(Include only if different than Item 14.)

(Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

(Type or print)

(4 copies unless otherwise specified)

(Type or print) (Type or print)

(Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

(Must be fully completed by offeror)

(To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

Base Bid Item, 1 $__________

1970 Roanoke Blvd.

Salem VA 24153

Financial Services Center

PO BOX 149971

Austin TX 78714-9971 512-460-5049 512-460-5221

Table of Contents

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

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

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

ALTERATION, OR REPAIR)– BACK

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

1.1 52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

1.4 52.214-31 FACSIMILE BIDS (DEC 1989)

1.5 52.216-1 TYPE OF CONTRACT (APR 1984)

1.6 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2020)

1.7 52.219-14 LIMITATIONS ON SUBCONTRACTING (SEP 2021)

1.8 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE

OF THE WORK (MAY 2014)

1.9 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE

EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

1.10 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION

MATERIALS (MAY 2014)

1.11 52.233-2 SERVICE OF PROTEST (SEP 2006)

1.12 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB

1995)

1.13 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

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

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2022)

(JUL 2020) (DEVIATION)

3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

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

CERTIFICATION (NOV 2021)

GENERAL CONDITIONS

4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

4.2 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE,

AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER

COVERED ENTITIES (NOV 2021)

4.3 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984)

4.4 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(SEP 2021)

4.5 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)

4.6 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN

2020)

4.7 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY

2014)

4.8 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (NOV 2021)

4.9 SUPPLEMENTAL INSURANCE REQUIREMENTS

4.10 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

4.11 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

4.12 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)

4.13 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

4.14 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021)

(DEVIATION)

4.15 VAAR 852.223-71 SAFETY AND HEALTH (SEP 2019)

4.16 VAAR 852.232-70 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION

CONTRACTS (WITHOUT NAS–CPM) (NOV 2018) (ALTERNATE I)

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

2018)

4.18 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(APR 2019)

4.19 VAAR 852.236-72 PERFORMANCE OF WORK BY THE CONTRACTOR (APR

2019)

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

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

4.22 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT

ADMINISTRATION (OCT 2020)

4.23 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020).. 66

4.24 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT

(SEP 2019)

4.25 VAAR 852.246-75 WARRANTY OF CONSTRUCTION—GUARANTEE PERIOD

SERVICES (OCT 2018)

4.26 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN

2008)

BID ITEM LIST

SCOPE OF WORK

ASPHALT PATCHING

SALEM VETERANS AFFAIRS MEDICAL CENTER (VAMC)

SALEM, VIRGINIA 24153

Project Description:

The Salem Veterans Affairs Medical Center (VAMC) has multiple asphalt roads that are in-need of repair.

This project will consist of Main Scope A (Total Reconstructed Areas) and a Main Scope B (Mill and Fill).

Primary Bid Items:

Contractor shall perform a Total Reconstruction on each section of roadway identified on the campus map included in this solicitation, approximately 30,974 SF (3,442 SY). Prior to commencement of work the Contractor shall assess the roadway section for condition and layer depths as well as any other relevant factors and then provide a plan to remove the existing roadway to a minimum depth of 10 inches, or deeper if necessary for proper drainage, and then install new sub-base, base, and surface layer materials including the depth of each layer, the materials used for each, and any other material not in the layers listed. Plan MUST be approved by COR.

Note: Additional requirements can be found on the Statement of Work included in the solicitation.

Contractor shall Mill-and-Fill each section of roadway identified on the campus map included in this solicitation, approximately 52,730 SF (5,859 SY). Prior to commencement of work the Contractor shall assess the roadway section for condition and any other relevant factors and then provide a plan to mill damaged roadway surface patches to a minimum 2” depth including the materials used. Included in this plan the Contractor shall provide a section specific Traffic and Road Closure Plan. The COR shall then review and approve or reject the plan no later than 7 days before section construction start.

Note: Additional requirements can be found on the Statement of Work included in the solicitation.

Project Specifications and Other Requirements:

Contractor shall perform all work in accordance with the attached specifications, the VDOT Road and Bridge Specifications listed below, any applicable changes to the VDOT specifications from the 2022 Supplement to the VDOT 2020 Road and Bridge Specifications, as well as any other applicable Federal State and Local requirements.

Applicable VDOT Specification Divisions and Sections:

1. Div I, Sections 101, 105.16-18, 106, 107

2. Div II in its entirety

3. Div III in its entirety

4. Div IV in its entirety

5. Div V, Sections 501, 502, 508, 511, 515

The contractor shall also ensure the following requirements are adhered to during the course of the project:

1. VA Supplied Construction Specifications

2. Life Safety Codes

3. VADEQ SWPPP Guideline

4. Project Schedule:

This project has been estimated to be completed in 200 days after notice to proceed.

BID ITEM I (BASE BID): The Contractor shall furnish all labor, materials, tools, equipment, transportation and qualified supervision necessary to patch asphalt as described in the contract SOW, drawings, and specifications for Project Asphalt Patching at the Salem VA Medical Center (VAMC), Salem VA. This project is one base bid divided into two scopes:

• (A) Total Reconstruction- Approximately 30,974 SF (3,442 SY) of road needs to be fully reconstructed.

• (B) Mill-and-fill- Approximately 52,730 SF (5,859 SY) of road needs to be milled-and-filled.

Work includes but is not limited to removal and replacement of existing pavement structure as defined in SOW. If selected, the construction time allocated for completion of the work associated with Bid Item I (Base Bid), as described above, is 200 calendar days from notice to proceed (NTP) by the VA. Award is subject to the availability of funds.

NOTICE: Work activities associated with installation cannot be conducted during normal business hours. This project will be scheduled on nights and weekends to minimize the impact to the hospital. Nights are Monday – Friday after 4:30 p.m.

BID ITEM I (Base Bid) $____________________________

Submitted for:

Company Name __________________________________________

Submitted by:

Authorized Signature ___________________________________Date: ________________

Printed Name: _________________________________________

(This individual must be a legally authorized signatory of the company)

NOTE: Offerors must submit an itemized breakdown of costs for all BID ITEMS, in sufficient detail to permit a complete analysis of labor burden, materials, equipment, transportation, supervision, disposal costs, overhead and profit and shall cover all work involved in the solicitation.

Note: Offerors MUST affix a bid to ALL bid items to be considered responsive to the invitation for bid (IFB) requirements

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 JB __________________ __________________

BID ITEM I:

The Contractor shall furnish all labor, materials, tools, equipment, transportation and qualified supervision necessary to repair asphalt as described in the contract SOW, drawings, and specifications for the project Asphalt Patching at the Salem VA Medical Center (VAMC), Salem VA.

Work includes but is not limited to removal and replacement of existing pavement structure as defined in SOW. If selected, the construction time allocated for completion of the work associated with Bid Item I (Base Bid), as described above, is 200 calendar days from notice to proceed (NTP) by the VA. Award is subject to the availability of funds.

Grand Total _______

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE

AND BONDS

(a) If the bid/offer exceeds $150,000, an offer guarantee is required in an amount not less than twenty (20) percent of the bid/offer price or $3M, whichever is less.

(b) Offerors are reminded that an acceptable Offer Guarantee MUST be received with the bid/offer before the proposal opening. Failure to furnish the required offer guarantee in the proper form and amount, by the time set for opening of bids/offers, will require rejection of the bid/offer in all cases except those listed in Federal Acquisition Regulation

(FAR) 28.101-4, and may be cause for rejection even then. For guidance, Bidders/Offerors are referred to FAR provision 52.228-1, BID GUARANTEE (SEP 1996) in the solicitation, FAR Part 28.101 Bid Guarantees, and FAR Part 28.2 Sureties and

Other Security for Bonds. Corporate sureties offered for bonds must appear on the list contained in the Department of Treasury Circular 570, “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring

Companies, ” See http://www.fms.treas.gov/c570/c570.html

(c) If the contract will exceed $30,000 but will not exceed $150,000, the bidder/offeror to whom award is made will be required to furnish a Payment Bond, Standard Form 25A, or alternative payment protection.

(d) If the contract will exceed $150,000, the bidder/offeror to whom award is made shall be required to furnish a Payment Bond, Standard Form 25A, and a Performance Bond, Standard Form 25. Copies of the Standard Forms 25A and 25 may be obtained upon application to the Issuing Office.

http://www.fms.treas.gov/c570/c570.html

1.1 52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certif ied check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3 Million, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of Provision)

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

When net changes in original contract price affect the premium of a Corporate Surety Bond by $5 or more, the Government, in determining the basis for f inal settlement, will provide for bond premium adjustment computed at the rate shown in the bond.

(End of Clause)

1.3 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED

AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC

2009) Prime contractors are encouraged to assist service-disabled veteran-owned and veteran-owned small business potential subcontractors in obtaining bonding, when required. Mentor firms are encouraged to assist protégé firms under VA's Mentor-Protégé Program in obtaining acceptable bid, payment, and performance bonds, when required, as a prime contractor under a solicitation or contract and in obtaining any required bonds under subcontracts.

(End of Clause)

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO

BIDDERS/OFFERORS

INSTRUCTIONS TO OFFERORS FOR BID PREPARATION

THIS SECTION IS FOR SOLICITATION PURPOSES ONLY. THIS SECTION WILL BE

PHYSICALLY REMOVED FROM ANY RESULTANT AWARD BUT WILL BE DEEMED

INCORPORATED BY REFERENCE.

GENERAL INFORMATION

Bidders shall submit one (1) original electronic/digital copy of Standard Form 1442 preferred pdf to be email to Shannonmarie.brown@va.gov and Patrick.Stultz@va.gov

Bids shall be submitted in a sealed envelope and delivered to the address below by or on the set forth due date:

Salem VA Medical Center Attn: Patrick Stultz, Contacting Officer

1970 Roanoke Boulevard Building 74, Room 212G

Salem, VA 24153

FEDERAL HOLIDAYS: The following Federal Legal Holidays are observed by Salem VA Medical Center:

• New Year’s Day – 1 January

• Martin Luther King’s Birthday – Third Monday in January

• Presidents Day – Third Monday in February

• Memorial Day – Last Monday in May

• Juneteenth/Freedom Day – 19 June

• Independence Day – 4 July

• Labor Day – First Monday in September

• Columbus Day – Second Monday in October

• Veterans Day – 11 November

• Thanksgiving Day – Fourth Thursday in November

• Christmas Day – 25 December

• Any other Federal Holiday granted by the President of the United States

SUBMISSION OF BIDS:

The bidder shall submit the following in response to this Invitation for Bids:

• A completed and signed Standard Form 1442. Contractor must acknowledge all amendments in force at the time of bid opening.

• A completed copy of the Representations and Certifications (See FAR 52.204-8 Annual Representations and Certifications (MAR 2012)).

• Documentation of their safety record.

• All forms and/or certifications as directed in the solicitation, including the specifications.

• A copy of VetBiz registration

• A copy of System Award Management (SAM) registration to include vendors Unique Entity

Identifier (UEI) mailto:Shannonmarie.brown@va.gov mailto:Patrick.Stultz@va.gov

• One (1) electronic/digital (pdf) copy of the Standard Form 1442 signed; shall be email to Shannonmarie.brown@va.gov and Patrick.Stultz@va.gov

• One (1) sealed envelope copy of the Standard Form 1442 signed; will be due by Wednesday, August 17, 2022 @ 2:30PM EST

A. SAFETY AND ENVIRONMENTAL RECORD: In order to be eligible for consideration and award, the contractor shall have no more than three serious, or one repeat, or one willful OSHA or EPA violation(s) in the past 3 years and have an Experience Modification Rate (EMR) of equal to or less than 1.0.

All Bidders/Offerors shall submit the following information pertaining to their past Safety and Environmental record with their bid.

1. A self-certification on company letterhead that the bidder 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. Bidders shall submit copies of their OSHA logs (OSHA Form 300A) for the past three years with their bid. If the firm has been in business for less than three years, they shall submit copies of their OSHA logs for the period of time they have been in business.

2. 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.

B. DESCRIPTION OF WORK: See SCOPE OF WORK / BID ITEM LIST.

C. DISCLOSURE OF THE MAGNITUDE OF CONSTRUCTION FAR 36.204 (e): $500,000 - $1,000,000.

D. NAICS: The NAICS Code for this procurement is 237310 – Highway, Street, and Bridge Construction; Size Standard: $39.5 Million.

E. COMPLETION TIME: SEE BID ITEM LIST

F. SDVOSB SET-ASIDE: Effective June 20, 2007, Public Law 109-461, the Veterans Benefits, Health Care, and Information Technology Act of 2006 allow procurements to be set-aside for SDVOSBs and VOSBs. This procurement is 100% set-aside for Service-Disabled, Veteran-Owned Small Business (SDVOSB). Bids are solicited only from SDVOSB concerns and bids received from concerns that are not SDVOSB concerns shall be rejected. In order to be considered, the firm must be shown in the Center for Business Enterprise (VetBiz) website as verified at the time of submission of their bid. No award can be made unless the vendor is registered.

G. Plans/Drawings/Specifications: Drawings and specifications are attached in electronic format to this solicitation. Offerors are responsible for downloading and printing their own bid sets. The VA will not provide hard copies of the drawings and specifications to any offeror. Contractors are responsible for ensuring that any construction document package used for proposals or construction is complete and up to date.

H. RESIDENT PROJECT ENGINEER: All reference to "Resident Project Engineer" in the solicitation will be changed to "Contracting Officer’s Representative" or “COR.”

I. GENDER: Wherever masculine gender is used in the solicitation and contract documents; it shall be considered to include both masculine and feminine.

mailto:Taneil.crump@va.gov mailto:Patrick.Stultz@va.gov

J. DEPARTMENT OF VETERANS AFFAIRS: All reference to "Veteran's Administration" or "VA" in the solicitation will be changed to Department of Veterans Affairs".

K. METRIC PRODUCTS: Products manufactured to metric dimensions will be considered on an equal basis with those manufactured using inch-pound units, providing they fall within the tolerances specified using conversion tables and contained in the latest revision of Federal Standard No. 376, and all other requirements of this document are met. If a product is manufactured to metric dimensions and those dimensions exceed the tolerances specified in inch-pound units, a request should be made to the Contracting Officer, in writing, to determine if the product is acceptable. The Contracting Officer, in concert with the Contracting Officer’s Representative (COR), will accept or reject the product.

L. CONTRACTOR RESPONSIBILITY: Contractor shall be required to complete all contract work and schedule a final inspection within the specified contract performance period. Should the Contractor fail to complete the contract work (including scheduling of the final inspection), and it is determined by the Government to be a Contractor-caused delay, the Contractor shall be in default status. If the Government determines it to be in the best interest of the Government to allow the Contractor to continue to perform contract work, the Contractor shall provide equitable consideration to the Government for additional time granted for completion of contract work. Such agreement shall not be deemed a waiver of the Government’s right to terminate this contract in the event the Contractor fails to complete the contract work (including scheduling of the final inspection) on or before the completion date.

M. TRAINING: Effective July 1, 2005, all employees of the general contractor and subcontractors shall have the 10-hour OSHA certified construction safety course and/or other relevant competency training, as determined by the COR with input from the ICRA (Infection Control Risk Assessment) team. The General Contractor’s competent person shall have completed the 30-hour OSHA certified construction safety course. Documentation of training shall be submitted to the Contracting Officer for review and approval prior to any work being performed. No ID badge will be issued to an employee who does not provide this documentation. There shall be no exceptions to this requirement.

N. TB TESTING: It is the responsibility of the contractor to provide TB training annually and a PPD test annually for any employee(s) providing services at Salem VAMC. The Government reserves the right to review the contractor’s records.

O. PRE-BID CONFERENCE / SITE VISIT: A pre-bid conference / site visit has been scheduled for Tuesday, July 26, 2022, at 9:00 AM EST, at the Salem VA Medical Center behind Building 74, on the pavilion, Salem VAMC, Salem, VA. This pre-bid conference will be the only opportunity for potential offerors to visit the site.

NOTE: CUT-OFF DATE FOR QUESTIONS IS TUESDAY, AUGUST 2, 2022, BY 2:30 PM

EST REGARDING THIS SOLICITATION AND MUST BE SUBMITTED VIA E-MAIL

(Shannonmarie.brown@va.gov); NO TELEPHONE QUESTIONS WILL BE ACCEPTED.

BID DUE DATE IS: WEDNESDAY, AUGUST 17, 2022 @ 2:30PM EST.

BID OPENING IS: THURSDAY, AUGUST 18, 2022 @ 10:00AM EST.

(Note: Bid opening will be virtual via Microsoft Teams dial-in number for bid opening event 1-872-701-0185; Phone Conference ID: 721583954#; Website link: Join conversation (microsoft.com) )

P. KEYS: All keys provided the Contractor for use during the project shall be returned to the Contracting Officer's Representative (COR) at completion of the work or upon request. No keys shall be reproduced by the Contractor. There shall be a charge of $25.00 for each key that is lost or not https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTgyNWFhN2ItMGI0OS00MjczLWFiZWQtMTBhZWNiNGEzNzI2%40thread.v2/0?context=%7b%22Tid%22%3a%22e95f1b23-abaf-45ee-821d-b7ab251ab3bf%22%2c%22Oid%22%3a%22ed30bc2b-223a-4f36-bdf5-590f84210808%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTgyNWFhN2ItMGI0OS00MjczLWFiZWQtMTBhZWNiNGEzNzI2%40thread.v2/0?context=%7b%22Tid%22%3a%22e95f1b23-abaf-45ee-821d-b7ab251ab3bf%22%2c%22Oid%22%3a%22ed30bc2b-223a-4f36-bdf5-590f84210808%22%7d returned to the COR. Payment shall be made to the Salem VA Medical Center, Salem, VA upon receipt of a Bill of Collection.

Q. PREPARATION OF BIDS/OFFERS/PROPOSALS: Neither the VAMC nor the VISN 6 NCO will pay for any costs incurred in preparation and submission of bids or proposals.

R. PRIVACY AND CONFIDENTIALITY: Contractors to the Department of Veteran Affairs may be unintentionally exposed to sensitive information. Information may be overheard, seen on documents or electronic devices, or observed that could potentially violate the privacy and confidentiality of our veterans, employees, volunteers, and their families. Regulations such as, but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Freedom of Information Act (FOIA) and Privacy Act of 1974 have been enacted to protect sensitive information from being improperly disclosed. Information should not be divulged or released to anyone unless specifically authorized by this contract or its’ attached documents in accordance with the contracted services. Failure to comply with applicable statutes and regulation can result in the termination of this contract and civil and criminal penalties, including fines and imprisonment. All suspected or actual breeches of privacy and confidentiality should be reported immediately to the Contracting Officer, Contracting Officer’s Representative (COR) or the Facility Privacy Officer. The C&A requirements do not apply, and a Security Accreditation Package is not required. If the contractor opts to use a computer or computer system for processing contract documents, the requirements of FIPS 140-2 for encryption of contract documents must be met.

S. VETS 100: 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 100 reporting information can be done electronically at: VETS 4212.

Award cannot be made unless the awardee has filed their VETS 100 report; therefore, all bidders/offerors are encouraged to file every year.

T. 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. Bidders are encouraged to ensure that they are registered in SAM prior to submitting their bid.

U. LIMITATION ON SUBCONTRACTION (Reference Contract Clause FAR 52.219-14 (c) (4):

Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

http://www.dol.gov/vets/vets4212.htm http://www.sam.gov/

"General Decision Number: VA20220188 02/25/2022

Superseded General Decision Number: VA20210188

State: Virginia

Construction Type: Highway

Counties: Roanoke, Roanoke* and Salem* Counties in Virginia.

*including the independent cities of Roanoke and Salem

HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects & railroad construction;

bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction;

and other major bridges).

Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60).

|If the contract is entered |. Executive Order 14026 | |into on or after January 30, | generally applies to the | |2022, or the contract is | contract. | |renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at | |after January 30, 2022: | least $15.00 per hour (or | | | the applicable wage rate | | | listed on this wage | | | determination, if it is | | | higher) for all hours | | | spent performing on the | | | contract in 2022. | |If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | |January 29, 2022, and the | contract. | |contract is not renewed or |. The contractor must pay all| |extended on or after January | covered workers at least | |30, 2022: | $11.25 per hour (or the | | | applicable wage rate listed| | | on this wage determination,| | | if it is higher) for all | | | hours spent performing on | | | that contract in 2022. |

The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request.

Additional information on contractor requirements and worker protections under the Executive Orders is available at https://www.dol.gov/agencies/whd/government-contracts.

Modification Number Publication Date 0 01/07/2022 1 02/25/2022

ELEC0080-011 06/01/2019

Rates Fringes

ELECTRICIAN, Includes Traffic Signalization....................$ 28.35 15.95%+7.00

* SUVA2016-073 07/02/2018

Rates Fringes

CARPENTER, Includes Form Work....$ 17.65 0.00

CEMENT MASON/CONCRETE FINISHER...$ 19.94 0.00

IRONWORKER, REINFORCING..........$ 22.71 0.00

IRONWORKER, STRUCTURAL...........$ 27.38 0.00

LABORER: Asphalt, Includes Raker, Shoveler, Spreader and Distributor......................$ 15.40 0.00

LABORER: Common or General......$ 14.34 ** 0.00

LABORER: Grade Checker..........$ 15.07 0.00

LABORER: Pipelayer..............$ 13.14 ** 0.00

LABORER: Power Tool Operator....$ 15.69 0.00

OPERATOR:

Backhoe/Excavator/Trackhoe.......$ 17.29 0.34

OPERATOR: Bobcat/Skid Steer/Skid Loader................$ 19.16 4.45

OPERATOR: Broom/Sweeper.........$ 14.32 ** 0.25

OPERATOR: Crane.................$ 25.82 0.00

OPERATOR: Drill.................$ 24.66 0.00

OPERATOR: Gradall...............$ 18.65 0.00

OPERATOR: Grader/Blade..........$ 26.13 0.00

OPERATOR: Hydroseeder...........$ 16.64 0.00

OPERATOR: Loader................$ 15.86 0.00

OPERATOR: Mechanic..............$ 20.00 0.00

OPERATOR: Milling Machine.......$ 23.12 3.60

OPERATOR: PAVEMENT PLANER.......$ 17.01 0.00

OPERATOR: Paver (Asphalt, Aggregate, and Concrete).........$ 16.85 0.00

OPERATOR: Piledriver............$ 21.83 4.08

OPERATOR: Roller (Finishing)....$ 14.31 ** 0.00

OPERATOR: Roller................$ 14.81 ** 0.00

OPERATOR: Screed................$ 22.13 4.89

OPERATOR: Asphalt Spreader and Distributor..................$ 16.44 0.00

OPERATOR: Bulldozer, Including Utility................$ 17.81 0.00

TRAFFIC CONTROL: Flagger.......$ 11.84 ** 0.00

TRUCK DRIVER : HEAVY 7CY &

UNDER............................$ 15.36 0.00

TRUCK DRIVER: 1/Single Axle Truck............................$ 15.95 0.00

TRUCK DRIVER: Fuel and Lubricant Service................$ 18.25 0.00

TRUCK DRIVER: HEAVY OVER 7

CY...............................$ 16.60 0.00

TRUCK DRIVER: MULTI AXLE........$ 17.53 0.00

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($15.00) or 13658 ($11.25). Please see the Note at the top of the wage determination for more information.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION"

1.4 52.214-31 FACSIMILE BIDS (DEC 1989)

(a) Definition. "Facsimile bid," as used in this solicitation, means a bid, modification of a bid, or withdrawal of a bid that is transmitted to and received by the Government via electronic equipment that communicates and reproduces both printed and handwritten material.

(b) Bidders may submit facsimile bids as responses to this solicitation. These responses must arrive at the place and by the time, specified in the solicitation.

(c) Facsimile bids that fail to furnish required representations or information or that reject any of the terms, conditions, and provisions of the solicitation may be excluded from consideration.

(d) Facsimile bids must contain the required signatures.

(e) The Government reserves the right to make award solely on the facsimile bid. However, if requested to do so by the Contracting Officer, the apparently successful bidder agrees to promptly submit the complete original signed bid.

(f) Facsimile receiving data and compatibility characteristics are as follows:

(1) Telephone number of receiving facsimile equipment:

(2) Compatibility characteristics of receiving facsimile equipment (e.g., make and model number, receiving speed, communications protocol):

(g) If the bidder chooses to transmit a facsimile bid, the Government will not be responsible for any failure attributable to the transmission or receipt of the facsimile bid including, but not limited to, the following:

(1) Receipt of garbled or incomplete bid.

(2) Availability or condition of the receiving facsimile equipment.

(3) Incompatibility between the sending and receiving equipment.

(4) Delay in transmission or receipt of bid.

(5) Failure of the bidder to properly identify the bid.

(6) Illegibility of bid.

(7) Security of bid data.

(End of Provision)

1.5 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

(End of Provision)

1.6 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2020)

(a) Definition. Small business concern, as used in this clause—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualif ied as a small business under the size standards in this solicitation.

(2) Affiliates, as used in paragraph (a)(1) of this clause, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) Applicability. This clause applies only to—

(1) Contracts that have been totally set aside for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(End of Clause)

1.7 52.219-14 LIMITATIONS ON SUBCONTRACTING (SEP 2021)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualif ied the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplif ied acquisition threshold and that are—

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405–5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are—

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405–5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for…

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