36C24725R0079_RFP.pdf

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 _____________ b.

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.

36C24725R0079

X

3/26/2025

521-25-2-5215-0011 521-23-121

36C247

Department of Veterans Affairs

VISN 7 Network Contracting Office

700 19th St. S., Room 2708

Birmingham, AL 35233

Email only. Send to contract specialist:

gregory.snyder@va.gov and CC: margaret.yeaton@va.gov

No physical documents will be accepted.

Gregory Snyder 762-333-4273

Project No./Title: 521-23-121, SPS Renovation Phase 2

Project Location: Birmingham, AL Veterans Affairs Medical Center (VAMC)-700 19th St. S.,RM 2708, Birmingham, AL 35233

This acquisition is 100% Set-aside for Service-Disabled Veteran Owned Small Businesses (SDVOSBs) only.

The SDVOSB must be 51% or more owned and controlled by one or more service-connected veterans.

The offeror is required to complete VAAR 852.219-75 - Limitation on Subcontracting (See Attachment 2).

MAGNITUDE OF CONSTRUCTION: Between $5,000,000.00 and $10,000,000.00

NAICS Code: 236220; Small Business Standard of $45 Million

To be eligible for award, the offeror shall be registered at the following websites: System for Award Management at sam.gov with completed electronic annual representations certifications, Small Business Administration at dsbs.sba.gov and comply with VETS 4212 Federal Contractor Veterans Employment Report (if applicable). Offerors MUST ensure registration in these websites are accurate, complete, and have not expired prior to proposal due date or thereafter.

Offerors who have not done business with VA must complete VA10091 to register in financial database (see Attachment 6).

Site Visit: An organized site visit is scheduled for 4/8/2025 at 10:00am CT at the 7th AVE Birmingham VAMC Entrance in the Fire Lane.

Information provided at the site visit shall not alter the terms and conditions of the solicitation and terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing. Offerors are required to submit all questions in writing to the Contracting Officer following the site visit.

Requests for Information (RFIs) - Due Date: 4/15/2025 at 1:00 pm ET via email to the contacts listed in block 8 above.

Late RFIs may not be accepted and offerors are responsible of ensuring questions are received on time.

Responses will be provided in question and answer form via a posted amendment at sam.gov.

Offer guarantees will be accepted via email only if received before the date/time specified in block 13a below to the

Email specified in block 8 above. Hand-delivered and/or mailed offer guarantees will not be accepted.

30 365 x x 52.211-10

X

1 electronic 1:00pm ET

(hour) local time ____04-____30-20____25 _________ (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.

An offer guarantee X is, is not required.

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

Complete Price Offer Schedule

36C247

Department of Veterans Affairs

VISN 7 Network Contracting Office

700 19th St. S., Room 2708

Birmingham, AL 35233

Austin Payment Center

Department of Veteran Affairs

PO Box 149971

Austin TX 78714-8971

(877) 353-9791 (512) 460-5545

Margaret Yeaton

VA-VHA-2020-7E2249EB

(To be completed by Government)

36C24725R0079

Table of Contents

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 PRICE OFFER SCHEDULE

2.2 STATEMENT OF WORK

2.3 PROPOSAL PREPARATION AND EVALUATION INFORMATION

2.4 GENERAL SOLICITATION INFORMATION

2.5 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

2.6 52.216-1 TYPE OF CONTRACT (APR 1984)

2.7 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK

(MAY 2014)

2.8 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

2.9 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS UNDER

TRADE AGREEMENTS (MAY 2014) ALTERNATE II (NOV 2023)

2.10 52.228-1 BID GUARANTEE (SEP 1996)

2.11 52.233-2 SERVICE OF PROTEST (SEP 2006)

2.12 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

2.13 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

2.14 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

2.15 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018) .. 25

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

2.17 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE

(JAN 2008)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2025)

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 52.203-14 DISPLAY OF HOTLINE POSTER(S) (NOV 2021)

4.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

ALTERNATE I (APR 1984)

4.3 52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022)

4.4 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JAN 2025)

4.5 52.223-2 REPORTING OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION

CONTRACTS (MAY 2024)

4.6 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)

ALTERNATE I (JUL 1995)

4.7 52.223-20 AEROSOLS (MAY 2024)

4.8 52.223-21 FOAMS (MAY 2024)

4.9 52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (NOV

2023) ALTERNATE I (NOV 2023)

4.10 SUPPLEMENTAL INSURANCE REQUIREMENTS

4.11 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

4.12 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

4.14 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

4.15 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

4.16 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (MAY

2020)

4.17 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED

VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

4.18 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF

COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)

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

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

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

SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)

4.22 VAAR 852.232-70 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT

NAS– CPM) (NOV 2018)

4.23 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

4.24 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019)

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

4.26 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019) ALTERNATE I

(APR 2019)

4.27 VAAR 852.239-76 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY

(FEB 2023)

4.28 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT ADMINISTRATION (OCT

2020)

4.29 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

4.30 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT (SEP 2019)

4.31 List of Attachments

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 PRICE OFFER SCHEDULE

Description U/I QTY UNIT PRICE TOTAL PRICE

1. ITEM 1, GENERAL CONSTRUCTION: Provide all labor, materials, equipment, and supervision to construct

Birmingham SPS Phase II as indicated on the contract drawings and specifications dated January 28th, 2025.

Contractor shall also provide all labor, materials, equipment, and supervision to renovate the 3 existing cart lifts serving the SPS area. This renovation shall include the complete demolition and replacement of notated cart lifts and all work associated with these tasks as specified by the attached Specifications “14 21

11 TRACTION CARTLIFT.” All work will be completed in accordance with all local, state, and federal codes and laws. The new equipment shall fit within the existing mechanical rooms, shafts This shall include the following cart lifts:

a. Lift T-1 Clean – Mechanical Room 9304D –

Automatic Traction

b. Lift T-2 Soiled– Mechanical Room 9304D –

Automatic Traction

c. Lift T-3 Clean – Mechanical Room 5D103A –

Automatic Traction

Completion Time: 365 days from Notice to Proceed

(NTP)

JB 1 $__________ $__________

A single award will be made on line items for which funds are available. The Period of Performance includes submittal phase and the completion of all punch list items.

ATTACH YOUR ITEMIZED COST BREAKDOWN: Offerors are to include a construction price/cost breakdown using Attachment 4.

2.2 STATEMENT OF WORK

A. BACKGROUND:

The project is located in the Main Hospital, on the campus of the Birmingham VA Medical Center

(BVAMC) located at 700 19th Street South, Birmingham, AL 35233. The hospital provides both inpatient and outpatient services to military veterans that live in north central Alabama and surrounding areas. The hospital currently provides 139 beds for inpatient care.

The purpose of this construction project is to renovate the Sterile Processing Service (SPS) space on the ground floor of the BVAMC. The first phase of demolition ended in April of 2023. This phase removed the majority of existing architectural, electrical, and mechanical items, but not all. The second phase will renovate the shell space and provide the VA with a fully functional Sterile Processing

Service.

B. STATEMENT OF BID ITEM(S):

Provide all labor, materials, equipment and supervision to construct Birmingham SPS Phase II as indicated on the contract drawings and specifications dated January 28th, 2025, and provide all labor, materials, equipment and supervision to renovate the 3 existing cart lifts serving the SPS area. This renovation shall include the complete demolition and replacement of notated cart lifts and all work associated with these tasks as specified by the attached Specifications “14 21 11 TRACTION

CARTLIFT.” All work will be completed in accordance with all local, state, and federal codes and laws.

The new equipment shall fit within the existing mechanical rooms, shafts This shall include the following cart lifts:

d. Lift T-1 Clean – Mechanical Room 9304D – Automatic Traction

e. Lift T-2 Soiled– Mechanical Room 9304D – Automatic Traction

f. Lift T-3 Clean – Mechanical Room 5D103A – Automatic Traction

C. GENERAL:

The contractor shall conduct the renovation of the SPS space to the latest federal, local codes and the design criteria via the VA TIL detailed in the scope of work.

The Veterans Affairs shall not exercise any supervision or control over the contractor’s employees performing the tasks herein. Such contract employees shall be accountable solely to the contractor who, in turn shall be responsible to the Veterans Affairs.

All work will be done according to VA specifications, design guides, infection control guidelines and all applicable codes. All Infection Control Risk Assessment (ICRA) protocols must be followed in patient care areas, and the operating rooms area has an even more stringent ICRA policy which must be adhered to. The work will be structured to require minimum interruption of space function during construction. All work shall meet the most current editions of NFPA 99 and 101 and comply with all applicable building codes.

When a construction site is turned over to the contractor, they shall accept entire responsibility including upkeep and maintenance therefore:

1. Contractor shall always maintain a minimum temperature of 72F, except as otherwise specified.

2. Contractor shall maintain in operating condition existing fire protection and alarm equipment.

In connection with fire alarm equipment contractor shall make arrangements for pre-inspection of site with Fire Department or Company (Department of Veterans Affairs or municipal) whichever will be required to respond to an alarm from contractor’s employee or watchman.

Site Visit: Point of Contact (POC) for the Site Visit is below. Time and Location are on page 1 of the SF

1442.

Zachary Flynn

205-933-81010, ext 335277

Zachary.flynn@va.gov

Period of Performance: The required period of performance is 365 calendar days from the Notice to

Proceed.

Location of Work: Birmingham VA, 700 19th Street South, Birmingham, AL 35233.

Work Hours: The contractor shall be available during normal business hours, between 8:00 am and 4:30 pm, Monday – Friday excluding Federal Holidays. However, outages and other disruptive activities shall be coordinated with the COR and may be required to be performed outside of normal business hours.

Federal Holidays: New Year’s Day, Martin Luther King’s Birthday, President’s Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, and Christmas Day and any other day specifically declared by the President of the United States to be a national holiday.

Type of Contract: This shall be a Firm Fixed Price Contract.

D. GENERAL REQUIREMENTS

1. The contractor shall provide the COR with a list of contractor employees expected to enter the facilities. While on VA premises, all contractor personnel shall comply with the rules, regulations, and procedures governing the conduct of personnel and operation of the facility.

2. An access badge is required at minimum for the contractor’s superintendent for use within the VA complex. The badging process/requirements will be explained by the COR. The designated contractor must safeguard the access badge and immediately report any lost, stolen, or destroyed badges to the COR. All contract personnel must properly display their badges, as they must be worn at or above the waist (facing forward). The badge(s) must be returned to the COR or designee when the work is complete.

3. It is the responsibility of the contractor’s personnel to park in the appropriate parking areas.

Parking information shall be coordinated with the COR.

mailto:Zachary.flynn@va.gov

4. BVAHCS does not validate or make reimbursement for parking violations of the contractor’s personnel under any circumstance.

E. GOVERNMENT RESPONSIBILITIES

The Government shall be responsible for making the building available to the contractor during normal business hours, between 8:00 am and 4:30 pm. All outage requests are to be coordinated and submitted to the COR a minimum of 21 days in advance for facility approval.

F. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS

The contractor shall be required to comply with all security policies/requirements. All guidelines must be met, and employees cleared prior to the contractor performing work under this contract. Employees that cannot meet the security and clearance requirements shall not be allowed to perform work under this contract.

G. INTERFERENCE TO NORMAL FUNCTION

Contractor may be required to interrupt their work at any time so as not to interfere with the normal functioning of the facility, including utility services, fire protection systems, and passage of facility patients, personnel, equipment and carts.

1. In the event of an emergency, contractor services may be stopped and rescheduled at no additional cost to the government.

2. Contractor personnel shall inform the COR or the designee of the need to gain access to secured areas. If this access is required, prearranged scheduling will be made with the COR or designee.

H. RECORDS MANAGEMENT

a. Contractor shall comply with all applicable records management laws and regulations, as well as

National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII

Subchapter B, and those policies associated with the safeguarding of records covered by the

Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

b. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44

U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

c. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

d. Birmingham VAHCS and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of Birmingham VAHCS or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the

Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to

Birmingham VAHCS. The agency must report promptly to NARA in accordance with 36 CFR 1230.

2.3 PROPOSAL PREPARATION AND EVALUATION INFORMATION

I. Proposal Submission

This is a competitive Request for Proposal (RFP) that represents the best value to the Government conducted under Federal Acquisition Regulation (FAR) Subpart 15.1 using the tradeoff process and evaluated in accordance with FAR Subpart 15.3, Source Selection. This section describes the method for evaluating and selecting offers for this procurement.

A. Proposal Submission:

1. Submit one (1) Electronic Proposal to the email addresses indicated on page 1, block 8 of the

Standard Form 1442. The Subject Line of the email should include “Company Name, RFP number, Project Title.”

2. The size of your file shall not exceed 10 MB. If you have multiple documents, please submit them as separate emails. Emails larger than this may be rejected by the network servers and will be considered non-responsive.

3. Interested firms are responsible for ensuring electronic submission delivery by the time and the date specified. It is highly recommended that interested firms confirm that the

Contracting Officer has received electronic submissions. Failure to provide a proposal in its entirety before the deadline will render the proposal non-compliant.

B. Proposal Preparation and Format Instructions:

Offerors must provide all requested information for each factor. Proposals must separately address each element of each factor as applicable to be considered responsive to this RFP. Factor headings should be highlighted in yellow or typed in bold text for identification. It is the contractor’s responsibility to ensure the submitted proposal is in the proper format and that the provided information is clearly understood and free of ambiguities.

Offerors proposals should consist of past performance and price proposals, as described below.

1. TAB A: General Information:

(1) Cover Page with Solicitation Number, Project Title

(2) Table of Contents

(3) Signed offer/Acknowledgement of Amendments (SF1442)

(6) Offer Guarantee Bond (DO NOT SEND HARD COPY) Electronic copy acceptable and should be emailed to Point of Contact(s) listed on page 1, block 8.

(7) Safety or Environmental Violations and Experience Modification (EMR) Rate

(5) SAM UEI Number

(4) Copy of current SBA DSBS SDVOSB certification.

https://veterans.certify.sba.gov/ dsbs.sba.gov dsbs.sba.gov

*Submit information regarding current experience modification rate form (See

Attachment 1). An EMR of greater than 1.0 may disqualify the bidder/offeror.

(8) 852.219-75 VA Notice of Limitations on Subcontracting—Certificate of Compliance for

Services and Construction (Jan 2023) (Deviation), (See Attachment 2).

(9) Provide evidence of VETS-4212 Reporting (if applicable).

2. TAB B: Past Performance

(1) Offeror must submit a minimum of one (1) but no more than three (3) references utilizing page one of Attachment 3 for projects similar in scope, size, and complexity within the past five (5) years from the date of the posting of this solicitation to SAM.gov. Completed PPQs must be received directly from the client/customer for which the construction project was performed. If a CPARS is available for any of the projects submitted, they should also be submitted.

a. Further note: If utilizing past performance of a subcontractor, subcontractors identified in the proposal must remain on the contract for its duration unless there is a compelling reason to replace them. The prime contractor will need to obtain approval from the contracting officer before making changes to key subcontractors.

(2) The Government reserves the right to contact references for verification or additional information. The Government’s inability to contact any of the offeror’s references or the references unwillingness to provide the information requested may affect the

Government’s evaluation of this factor.

(3) PPQs should be emailed to the construction contract administrator of the entity

(Government or civilian) for which the construction was completed and emailed to

Gregory Snyder, at email gregory.snyder@va.gov, and CC: margaret.yeaton@va.gov.

3. TAB C: Price Proposal

(1) Complete the price offer schedule in section 2.1.

(2) Price shall be addressed using the attached price breakdown worksheet, which is included in Attachment 4.

(3) Provide supporting documentation showing quotes/price breakdowns for both prime and subcontractors.

NOTE: Price breakdown shall be indicative of showing at least 15% percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other eligible service-disabled veteran-owned small business concerns in accordance with VAAR 852.219-73(d)(3).

II. EVALUATION CRITERIA/OVERVIEW

mailto:gregory.snyder@va.gov mailto:margaret.yeaton@va.gov

The evaluation is subjective based on the information provided in response to the information requested in the evaluation factors. The two (2) factors to be evaluated include past performance and price. Offerors proposal shall address the following:

A. FACTOR 1 - PAST PERFORMANCE:

Past Performance will be evaluated to assess recency and relevancy, resulting in a performance confidence assessment rating. For evaluation purposes, past performance will be significantly more important than price.

1. Past Performance: The basis of the evaluation will be the degree to which past performance evaluations and all other past performance information reviewed by the

Government reflect a trend of satisfactory performance considering 1) compliance with the contract requirements, 2) effectiveness of the Offeror's on-site management; 3) use of appropriate personnel for contract requirements); 4) timeliness in the submission of schedules, reports, and submittals; 5) adherence to the construction schedule; 6) coordination and control of subcontractors; 7) ability to effectively deal with the customer and other Government personnel; 8) cooperativeness in solving problems and negotiating changes; 9) response to warranty notifications, and other pertinent information obtained from past performance evaluations that have affected the overall performance of previous or ongoing projects.

2. The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources, including sources outside of the Government. Other sources may include but are not limited to past performance information retrieved through the (CPARS), for Contractors who are part of a partnership or joint venture identified in the offeror’s proposal, inquiries of owner representative(s), and any other known sources not provided by the offeror.

3. In evaluating past performance, the government reserves the right to give greater consideration to information on those contracts deemed most relevant to the effort described in this solicitation. Common aspects of relevancy include similarity of service/support, complexity, dollar value, contract type, and degree of subcontract/teaming.

4. Relevant performance is defined as work similar or greater in scope, magnitude, and complexity to the effort described in this solicitation’s scope of work, to include correction of failing sanitary sewer, water main, and fire protection deficiencies. This relevant work can be a portion of a larger requirement, which was issued by the VA, Federal, State, Local

Government agencies, and/or commercial facilities.

5. Recent is defined as performance within the last five (5) years, to include ongoing projects.

Table 1. Past Performance Relevancy Ratings

Rating Definition

Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat

Relevant

Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

6. Past performance evaluation will allow the government to assess the offeror’s ability to perform the effort described in this solicitation based on the offeror’s demonstrated present and past performance. The assessment process will result in an overall performance confidence assessment of Substantial Confidence, Satisfactory Confidence, Limited Confidence, No Confidence or Neutral/Unknown Confidence.

Table 2. Performance Confidence Assessments

Rating Description

Substantial

Confidence

Based on the offeror’s recent/relevant performance record, the

Government has a high expectation that the offeror will successfully perform the required effort.

Satisfactory

Confidence

Based on the offeror’s recent/relevant performance record, the

Government has a reasonable expectation that the offeror will successfully perform the required effort.

Limited Confidence Based on the offeror’s recent/relevant performance record, the

Government has a low expectation that the offeror will successfully perform the required effort.

No Confidence Based on the offeror’s recent/relevant performance record, the

Government has no expectation that the offeror will be able to successfully perform the required effort.

Neutral/Unknown

Confidence

No recent/relevant performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

7. Respondents with no previous past performance shall state this when addressing the selection criteria. Where there is no record of past performance, the proposal will be evaluated neither favorably nor unfavorably. Superior performance ratings on relevant projects may be considered more favorably in the evaluation.

B. FACTOR 2 - PRICE PROPOSAL:

The government may use various price analysis techniques and procedures to determine price reasonableness. Price will be evaluated for Price Reasonableness. The Government reserves the right to evaluate proposals and award a contract without discussions (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a performance and price standpoint. The Government will evaluate price based on the total price.

III. EVALUATION AND BASIS FOR AWARD:

A. FAR 15.101-1 shall apply to the government’s evaluation of proposals. The factors that shall be used to evaluate offers are Past Performance and Price. Past Performance is significantly more important than Price.

B. Discussions: The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Offerors should not automatically assume that they will have an opportunity to participate in discussions or be asked to submit a revised offer. Communications conducted to resolve minor or clerical errors would not constitute discussions. The Government reserves the right to conduct discussions if the Contracting Officer later determines them necessary.

C. The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, past performance, and price considered. The proposals must conform to the RFP's requirements and evaluated to represent the Best Value to the Government. The Best Value is the most advantageous offer, consistent with the Government's stated importance of evaluation criteria.

This may result in award being made to a high-rated, higher-priced offeror where the

Contracting Officer determines that it is worth the price premium to do so.

D. Offerors must provide all requested information for each factor. Proposals must separately address each of the factors as applicable to be considered responsive to this RFP. It is the contractor’s responsibility to ensure the submitted proposal is in the proper format the provided information is clearly understood and free of ambiguities (reference section B. above, Proposal Preparation and Format Instruction).

E. In order to determine which proposal represents the best overall value, the Government will conduct a tradeoff analysis, comparing the strengths and weaknesses of the competing proposals to determine which proposal represents the best value to the Government and thus shall receive contract award.

F. The Government reserves the right to accept other than the lowest priced offer. The right is also reserved to reject any and all offers. The basis of award will be a conforming offer, the price or cost of which may or may not be the lowest. If other than the lowest offer, it must be sufficiently more advantageous than the lowest offer to justify the payment of additional amounts.

G. Award will result in a firm-fixed-price contract. It is the Offeror’s responsibility to ensure the submitted price proposal includes all costs for total project requirements and completion in accordance with the specifications and drawings herein. The Offeror assumes all risk for omissions in prime and/or subcontractor proposals.

H. The Government evaluation team will consider all information provided in the proposal individually. Once these individual analyses are completed, the team will meet and determine a rating by consensus decision.

I. Exceptions to the contractual terms and conditions of the solicitation (e.g., standard company terms and conditions) may result in a determination to reject a proposal.

J. Failure to submit all the data in the format indicated in this section may be cause for determining a proposal incomplete and, therefore, not considered for evaluation and for subsequent award.

K. A Determination of Responsibility will be accomplished for the apparent awardee prior to processing the award. Information obtained from government and commercial systems, will be used to determine responsibility. Any information received by the Government that would be cause for an adverse Determination of Responsibility will make the offeror ineligible for award.

SDVOSB Verification: The Government will review SBA certification database

(veterans.certify.sba.gov) to confirm Service-Disabled Veteran-owned Small Business (SDVOSB) status certification for the submitted proposals. Evaluations will be performed on proposals submitted by verified SDVOSBs only. Subsequent confirmation of SDVOSB certification status will be performed for the apparent award. For a Joint Venture to be considered eligible as an

SDVOSB if the joint venture 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph 852.219-73(d) of the clause will be performed by the aggregate of the joint venture participants. Failure of a prospective SDVOSB to meet these certification requirements by the SBA shall result in elimination from consideration. Joint Venture -- Any offeror submitting a proposal as a joint venture must provide a certification from each SDVOSB joint partner, signed by an authorized official of each partner to the joint venture, stating that the parties to the joint venture:

1) have entered into a joint venture agreement that fully complies with paragraph (c) of 13 CFR

§ 128.402; and

2) will perform the contract in compliance with the joint venture agreement. Failure to submit the certification with the offeror’s proposal will render the offeror ineligible for award.

https://veterans.certify.sba.gov/

L. Limitations on Subcontracting Certificate. The prospective offeror must complete certification -

- 852.219-75 – VA Notice of Limitations on Subcontracting—Certificate of Compliance for

Services and Construction (Jan 2023) (DEVIATION). See Attachment 2 to this Solicitation.

M. To be eligible for an award, if applicable, offerors must have submitted the required Federal

Contractor Veterans’ Employment Report (VETS-4212 Report) with respect to the preceding fiscal year if the contractor was subject to the reporting requirements in accordance with

52.222-37.

N. Safety or Environmental Violations and Experience Modification Rate (EMR):

1. 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.

2. 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, the 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 EMR, and the anticipated date the EMR may be reduced to 1.0 or below.

3. Self-insured contractors or other contractors who 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.

4. If the NCCI cannot issue an EMR because the Bidder/Offeror lacks insurance history, the

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.

5. 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.

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

2.4 GENERAL SOLICITATION INFORMATION

I. GENERAL PROPOSAL INFORMATION

A. PROPOSAL MATERIALS

Proposal materials consisting of drawings, specifications, contract forms, and any issued

Amendments will be posted at www.sam.gov. This is the only official location where these documents can be obtained, and updates are posted. No ‘hard copy’ proposal materials are available.

B. WAGE DETERMINATION:

Wages for all contractors and subcontractors must comply with Construction Wage Rate

Requirements (Reference 52.222-6 for further information). The current determination is

General Decision AL20250087 on 3/14/2025, Attachment 5. Be advised the determination that is current at the time of the contract award is the determination that will apply to the contract.

Current determinations are always available at https://sam.gov.

II. DATABASE REGISTRATION INFORMATION

A. SYSTEM FOR AWARD MANAGEMENT REGISTRATION

The System for Award Management (SAM) is the Official U.S. Government system that consolidated the capabilities of the Central Contractor Registration (CCR including FedReg), Online Representations and Certifications Application (ORCA), and the Excluded Parties List

System (EPLS). Federal Acquisition Registrations require that federal contractors register in SAM at www.sam.gov and enter all mandatory information into the system.

B. THE EXCLUDED PARTIES LIST SYSTEM (EPLS)

To ensure that the individuals or businesses providing services under the contract have not engaged in fraud or abuse regarding Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the contractor is required to check the Excluded Parties

List System (EPLS) located at www.sam.gov for each person or business providing services under this contract. During the performance of this contract, the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities.

C. VETS-4212 REPORTING REQUIREMENT

Contractors are required to submit a required annual Form VETS-4212, Federal Contractor

Veterans' Employment Report in all cases where the contractor or subcontractor has received an award of $150,000 or more in any fiscal year. Contracting Officers are prohibited from awarding a contract to a contractor that has not submitted a required VETS-4212 Report with respect to the preceding fiscal year if the contractor was subject to the reporting requirement of 38 U.S.C.

http://www.sam.gov/ https://sam.gov/ http://www.sam.gov/ http://www.sam.gov/

4212(d). Submit this report as soon as possible, if not already submitted, to avoid delays in the contract award process. For more information on this requirement and/or for completing the web-based reporting form, visit https://www.dol.gov/agencies/vets/programs/vets4212. See

FAR provision 52.222-38 (JUN 2020), Compliance with Veterans' Employment Reporting

Requirements (FEB 2016) under the Representations, Certifications and Other Statements of

Offerors, and FAR clause 52.222-37, Employment Reports on Veterans (JUN 2020) under the

General Conditions.

III. BONDING INFORMATION

A. BID GUARANTEE

A bid guarantee is required in an amount not less than 20 percent of the proposal price but shall not exceed $3,000,000. Failure to furnish the required bid guarantee in the proper form and amount by the proposal submission date and time shall require rejection in all cases except those listed in Federal Acquisition Regulation (FAR) 28.101-4. Bid Bonds must be provided using

Standard Form 24 (see FAR 28.106-1), and the form must be a scanned copy of an original (no whiteouts, clear signatures, seals must be evident and visible) and contain the proper solicitation number, proposal due date, and be from a corporate surety listed in Department of

Treasury Circular 570. Individual sureties have to be acceptable to the Contracting Officer (see

FAR 28.203) and be accompanied by Standard Form 28 Affidavit of Individual Surety.

B. PERFORMANCE AND PAYMENT BONDS

In accordance with Contract Clause 52.228-15 and FAR 28.102, Contractors are reminded that any amount awarded between $35,000.00 to $150,000 shall require a Payment Bond (SF 25A) and awards exceeding $150,000.00 shall require both Payment (SF 25A) and Performance Bonds

(SF 25). Payment and Performance bonds are due no later than 10 days after notification of award as instructed by the contracting officer. The bonds shall contain no whiteouts or other corrections. Payment and Performance bonds are required in the penal sum of 100% of the contract's price.

IV. SECURITY/BADGING

A. Contractor employee (s) may be required to obtain security screenings and/or ID badges for employees through VA prior to the start of any work on site depending upon length of work time on site. The contractor must coordinate badge requests with the respective Contracting

Officer Representative (COR).

B. ROSTER: Within 15 days after issuance of the Notice to Proceed (NTP) or as agreed to with the

Contracting Officer, the Contractor should provide a roster of Contractor and Subcontractor employees to the COR to begin their background investigation.

http://www.dol.gov/agencies/vets/programs/vets4212

C. FORMS: Contractor personnel may need to complete numerous forms depending upon the length of facility access needed. Contact the Contracting Officer’s Representative (COR) for details, and copy the Contracting Officer (CO)

D. BADGING STEPS: See Statement of Work (SOW) and contact the COR for details, and copy the

CO on email communication with the COR.

C. COMPLIANCE: Failure to comply with the Contractor personnel security investigative requirements may result in loss of physical and/or logical access to the VA Facility and systems by Contractor and Subcontractor employees. Employees must follow all policies and procedures and use and protect their assigned identity credentials per VA policies and procedures, display their badges at all times, and return the identity credentials upon termination of their relationship with VA.

D. PIV Badges are required for work to be performed on Veterans Affairs facilities.

NOTE: VA SECURITY PROCEDURES ARE SUBJECT TO CHANGE WITHOUT NOTICE.

V. INVOICES:

A. All payments by the Government to the contractor will be made in accordance with: FAR

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR AWARD MANAGEMENT

(OCT 2018).

B. Invoices shall be submitted per FAR 52.232-5 Payments under Fixed-Price Construction

Contracts (May 2014) and 852.232-70 Payments Under Fixed-Price Construction Contracts

(Without NAS-CPM). (NOV 2018). For detailed instructions, refer to Attachment 6 Invoicing.

2.5 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

(a) All actual and potential offerors are encouraged to provide feedback on the preaward and debriefing processes, as applicable. Feedback may be provided to agencies up to 45 days after award.

The feedback is anonymous, unless the participant self-identifies in the survey. Actual and potential offerors can participate in the survey by selecting the following link: https:// www.acquisition.gov/360.

(b) The Contracting Officer will not review the information provided until after contract award and will not consider it in the award decision. The survey is voluntary and does not convey any protections, rights, or grounds for protest. It creates a way for actual and potential offerors to provide the

Government constructive feedback about the preaward and debriefing processes, as applicable, used for a specific acquisition.

(End of Clause)

2.6 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)

2.7 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY

2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate

Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of Provision)

2.8 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT

OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action

Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade Goals for female participation for each trade

TBD % TBD %

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41

CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative…