36C24920B0003_1.docx

1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5.

REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE

DOCUMENTS (Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

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

12b. CALENDAR DAYS

13. ADDITIONAL

SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

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

9. FOR INFORMATION

CALL:

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

SEALED BID (IFB)

NEGOTIATED (RFP)

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

YES

NO

a.

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

b.

An offer guarantee is, is not required.

c.

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

d.

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

36C24920B0003 X 01-14-2021 614-21-1-5580-0006 614-19-102 Department of Veterans Affairs Network Contracting Office 9 (90C)

NCO 9

1639 Medical Center Parkway, Suite 400 Murfreesboro TN 37129 Department of Veterans Affairs Network Contracting Office 9 (90C)

NCO 9

1639 Medical Center Parkway, Suite 400 Murfreesboro TN 37129 Scheronica Cochran

(615) 225-6537 Furnish all labor, materials, supervision, equipment, and all other necessary items to completely prepare site for building operations as required per drawings and specifications at Memphis VA Medical Center, Memphis, TN for project 614-19-102 - Renovate Bldg. 7 Spinal Cord Injury Rehab Area.

See: Important Bidders Information on Page 7.

NAICS Code: 236220 Size Standard: $39.5M Set-Aside: 100% Service-Disabled Veteran Owned Small Business (SDVOSB) (see VAAR Clause 852.219-10).

Site Visit: An organized site visit is scheduled for this procurement (see: FAR 52.236-37 Site Visit (Construction) for Date, Time, and/or any Special Instructions).

Sealed Bids shall be addressed as follows: Bids can be hand-carried to the Contracting Officer the day of Bid Opening or submitted by overnight, commercial carrier (e.g. UPS, FedEx), delivered to:

Department of Veterans Affairs Network Contracting Offi ce (NCO) 9 Attn: Scheronica Cochran 1639 Medical Center Parkway Murfreesboro, TN 37129

The official bid opening will be on Friday, February 12, 2021 at 2pm CST. The Bid opening will occur via Microsoft Teams and interested Bidders will have the opportunity to view the Bid Opening virtually at the following location:

Department of Veteran Affairs Memphis VA Medical Center 1030 Jefferson Ave.

Bldg. 1 Conference Room AEG22 Memphis, TN 38104

Note: See VAAR 852.219-74 Limitation on Subcontracting - Monitoring and Compliance (Jul 2018) located in the General Conditions of the solicitation.

X X 52.211-10 X

11:00 AM

CST

02-12-2021 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 bon ds.

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 p arties to this contract ractual document is necessary.

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

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

TO SIGN

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

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

(Include ZIP Code) (Include area code) (Include only if different than Item 14.)

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

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each) (Type or print) (4 copies unless otherwise specified) (Type or print) (Type or pr int) (Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

(Must be fully completed by offeror) (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

BIDDER: USE BID SCHEDULE/ITEMS ON PAGE 5

90C Network Contracting Office 9 Department of Veterans Affairs Network Contracting Office (90C) 1639 Medical Center Parkway Suite 400 Murfreesboro TN 37129 90C FSC e-Invoicing Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 Invoice must be submitted electronically

Setup 1-877-489-6135 X Teresa A. Rogofsky

Table of Contents

36C24920B0003

BID SCHEDULE

36C24920B0003 Project 614-19-102 Renovate Bldg. 7 SCI Rehab Area Memphis VA Medical Center

ALL ITEMS MUST BE PRICED IN ORDER TO BE RESPONSIVE TO THE SOLICITATION

Per Veterans Affairs Acquisition Regulation (VAAR) Provision 852.236-92 – NOTICE TO BIDDERS – ADDITIVE OR DEDUCTIVE BID LINE ITEMS (APR 2019) The low bid shall be the Bidder that—

(i) Is otherwise eligible for award; and

(ii) Offers the lowest aggregate amount for the first or base line item, plus or minus (in the order stated in the list of priorities in the bid schedule) those additive or deductive line items that provide the most features within the funds determined available.

The included Deductive Bid Items are listed in descending order of priority in the event funds are not available to award Bid Item I, Base Bid, Entire Project. Deductive No. 1 is the highest priority, Deductive No. 2 lowest priority.

BID ITEMS

Bid Item No. 1, Base Bid, Entire Project: Work includes general construction, alterations, necessary removal of existing structures and construction and certain other items as required per drawings, specifications, and contract documents on project 614-19-102 – Renovate Bldg. 7 SCI Rehab Area. All work will be completed at the Memphis VA Medical Center, 1030 Jefferson Ave, Memphis, TN 38104.

Performance Period for Bid Item I, Base Bid, Entire Project is One Hundred Eighty (180) Calendar Days after receipt of Notice to Proceed.

Total Bid Item No. I Base Bid, Entire Project: $________________________ (Lump Sum)

Bid Item No. 2, Deductive No. 1: Same as BID ITEM 1, except as follows:

1. Delete the work identified on drawing A-101, KEYNOTES – NEW No. 7 for 3 level adjustable metal shelving system.

1. Delete the work identified on drawing P-001 Plumbing Fixture Schedule TAG CB-1 and shown on drawing P-101 KEYNOTES No. 2.

1. Delete the work identified on drawing A-101, KEYNOTES – NEW No. 10 for 2 tier metal lockers.

1. Delete the work identified on drawing A-402, Elevations E6 and E8 for Breakroom 2C114. This includes the wall and base cabinets, countertops, and gypsum wallboard soffit. Extend adjacent finishes to infill spaces the deletion.

1. Delete the work identified on drawing A-402, Elevations F1 and F4 for Breakroom 2C114 work counter surfaces.

1. On drawing P-101, replace fixture type SK-2 in Breakroom 2C114 with fixture type SK-1.

Performance Period for Bid Item No. 2, Deductive No. 1 is One Hundred Eighty (180) Calendar Days after receipt of Notice to Proceed.

Deductive Amount No. 1: Subtract -$________________________

Bid Item No. 3, Deductive No. 2: Same as BID ITEM 2, except on drawing A-631, Finish Schedule, replace all locations identified as receiving Flooring RF-1 with Flooring LVT-1.

Performance Period for Bid Item No. 3, Deductive No. 2 is One Hundred Eighty (180) Calendar Days after receipt of Notice to Proceed.

Deductive Amount No. 2: Subtract -$________________________

Bid Item No. 4, Deductive No. 3: Same as BID ITEM 3, except on drawing A-601, Details B6 and B9, change from New Aluminum Storefront Assembly to New Hollow Metal Storefront Assembly for locations identified on drawing A-402, Elevation B1, KEYNOTES No. 17.

Performance Period for Bid Item No. 4, Deductive No. 3 is One Hundred Eighty (180) Calendar Days after receipt of Notice to Proceed.

Deductive Amount No. 3: Subtract -$________________________

DUNS NUMBER: ______________________ FEDERAL TAX ID NUMBER: ____________________

POC NAME: ___________________EMAIL: __________________TELEPHONE: ________________

IMPORTANT BIDDER INFORMATION

BIDDING MATERIALS: All bidding materials consisting of drawings, specifications, contract forms Amendments, and other documents will be posted to the Contract Opportunities (FBO) Government website located at https://beta.sam.gov/. This is the only official location where these documents can be obtained and where updates are posted. No ‘hard copy’ bidding materials are available.

BID SUBMISSION: The following documents are to be included in the bid submission: (1) an original, fully completed and signed and dated SF 1442 Offer page (‘wet ink signature’), (2) acknowledgment of all amendments issued by either completing block 19 of the SF1442 or completing blocks 15a, b, and c of the Amendment(s) and providing them with the SF 1442 Offer page; (3) original completed Bid Schedule if one is provided, otherwise the lump sum bid amount is entered in block 17 of the SF1442 Offer page; (4) an original completed and signed SF 24 Bid Bond or other allowable Bid Security; (5) completed Representations and Certifications section (FAR 52.204-8, 52.209-5 (Deviation), and 52.209-7); and (6) fully completed Contractor Experience Modification Rate (EMR) Certification documents.

Bidders are responsible for insuring and verifying their offer and all required bid documents are received at the office designated in block 8 of the SF 1442 and by the date and time specified in block 13A of the SF 1442 (subject to amendment).

PROJECT INFORMATION

PROJECT TITLE AND NUMBER: 614-19-102 – Renovate Bldg. 7 SCI Rehab Area PROJECT LOCATION: Memphis VAMC NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM CODE: (NAICS): 236220 – Commercial and Institutional Building Construction SMALL BUSINESS SIZE STANDARD: $39.5 Million TYPE OF SET-ASIDE: This solicitation is a 100% set-aside for SERVICE-DISABLED VETERAN OWNED SMALL BUSINESS (SDVOSB).

SCOPE OF WORK DESCRIPTION:

The Contractor shall completely prepare site for building operations, including demolition and removal of existing, and furnish labor and materials and perform work to Renovate Building 7 Spinal Cord Injury Rehab as required per drawings and specifications at the Memphis VA Medical Center, 1030 Jefferson Ave., Memphis, TN 38104.

The existing Spinal Cord Injury (SCI) Rehabilitation Clinic is in Building 7 on the 2nd Floor. The clinic treats both inpatient and outpatient cases. The current layout is outdated and does not meet current VA standards or functional requirements. The space is being renovated to address current requirement gaps.

All work including materials will be warranted for a period of one year unless otherwise indicated on specifications.

Normal working hours are Monday thru Friday from 7:30 AM to 4:00 PM.

Federal Holidays. Federal law (5 U.S.C. 6103) establishes the following public holidays for Federal employees: New Year’s Day, Birthday of Martin Luther King, Jr., Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day. Please note that most Federal employees work on a Monday through Friday schedule. For these employees, when a holiday falls on a non-workday -- Saturday or Sunday -- the holiday usually is observed on Monday (if the holiday falls on Sunday) or Friday (if the holiday falls on Saturday).

All contractors are required to complete the VA Privacy Training for Personnel without Access to VA Computer Systems or Direct Access or Use to VA Sensitive Information. A copy of the signed training must be submitted to the COR and uploaded into VA Talent Management System (TMS).

Contractor employees shall not be considered government employees for any purpose under this contract.

Changes to any resultant contract may only be made by a written modification which is formally executed by the contractor and the Contracting Officer.

WAGE DETERMINATION: Department of Labor General Decision Number TN20210102 dated 12-30-2020 is included as an attachment to solicitation and is applicable to any resultant contract. If necessary, subsequent revisions will be posted to the solicitation via amendment prior to bid opening. Revision may also be applicable prior to any contract award. Wage decisions are available at Wage Determinations Online (WDOL) at https://beta.sam.gov.

REQUESTS FOR INFORMATION (RFI): To obtain clarifications and/or additional information concerning the solicitation requirements, specifications and/or drawings, or any other issue pertaining to the advertisement for bids, submit a written RFI utilizing the RFI Form attached to this solicitation and send via email to the attention of the Contracting Officer, Scheronica Cochran at Scheronica.Cochran@va.gov. The subject line of the email must read RFI # – 36C24920B0003 – Project #614-19-102 – Renovate Bldg. 7 SCI Rehab Area. RFIs related to the project technical documents must be specific identifying section, paragraph and page number of the specifications. For questions related to drawings, please cite the drawing number. All questions submitted must be asked in question format. RFIs related to the solicitation or other related documents shall refer to the specific provision, clause, etc. All RFIs submitted shall include the solicitation number and title, contractor name, city, state, telephone, email address, date submitted, and the RFI question(s). RFI responses will be posted to the original solicitation located at https://beta.sam.gov in amendment format. Deadline for submission of RFIs for this solicitation is close of business 1-28-2021 at 11:00am Central Time. No questions will be answered after this date unless determined to be in the best interest of the Government as deemed by the Contracting Officer. Telephone requests for information will not be accepted or returned.

DATABASE REGISTRATION INFORMATION

SYSTEM FOR AWARD MANAGEMENT (SAM) REGISTRATION: The System for Award Management (SAM) website located at https://beta.sam.gov 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 Regulations require that federal contractors wishing to do business with the Government and bid on work shall have an active registration in SAM. If the Offeror does not have an active registration in the SAM database at the time of bid submission and are the apparently successful low offeror, the Contracting Officer shall prescribe a time within which the offeror shall have an active registration in SAM; otherwise the Contracting Officer shall deem the offeror’s bid non-responsive to the solicitation requirements and proceed to award to the next lowest offer.

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 https://beta.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.

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. 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 the following website https://www.dol.gov/agencies/vets/programs/vets4212. See FAR provision 52.222-38, 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 (FEB 2016) under the General Conditions.

BONDING INFORMATION

BID GUARANTEE: A bid guarantee is required in an amount not less than 20 percent of the bid price but shall not exceed $3,000,000. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for opening of bids, shall require rejection of the bid 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 provided in original (no white outs, faxed or copied signatures, seals) with ‘wet ink’ signatures and contain the proper solicitation number, bid opening date, and be from a corporate surety listed in Department of Treasury Circular 570. Individual sureties shall be determined acceptable to the Contracting Officer (see FAR 28.203) and be accompanied by Standard Form 28 Affidavit of Individual Surety. Other forms of bid security may be acceptable as denoted in FAR Part 28.203-2.

PERFORMANCE AND PAYMENT BONDS: In accordance with Contract Clause 52.228-15, and FAR 28.102, Contractors are reminded that any amount awarded over $35,000.00 shall require a Payment Bond (SF 25A), and awards exceeding $150,000.00 shall require both Payment and Performance Bonds (SF 25). Payment and Performance bonds are due no later than 10 days after notification of award. Bonds must be provided with original ‘wet ink’ signatures - no white-outs or other corrections are allowable. Copies and facsimiles of bonds shall not be accepted.

SECURITY

BACKGROUND INVESTIGATIONS: All contractor employees are subject to the same level of investigation as VA employees who have access to VA Sensitive Information. The level of background investigation is commensurate with the level of access needed to perform the statement of work. This requirement is also applicable to all subcontractor personnel requiring the same level of access.

Levels and associated types of Background Investigations:

· If the project requires that workers have only limited physical access to the VA facility for a period of one year or less, a local flash badge with fingerprint check is issued.

· If the project requires that workers require un-supervised, logical and/or physical access for 180 consecutive or aggregate days in a 365-day period, over a 3 year period, a background investigation may be required (Special Agency Check (SAC)) which must be completed prior to being allowed access.

· If the project requires that workers have access to a VA Network (such as the Building Management System) or un-supervised, full-time, logical, and/or restricted physical access for more than 6 months or more than 180 aggregate days in a one-year period, a background investigation is required (Special Agency Check and National Agency Check with Written Inquiries (NACI)) and access is not allowed until a favorable SAC completion.

All costs for SAC and NACI checks are borne by the contractor. The VA may at its discretion make deductions against the contract in order to recoup the investigation costs. The estimated cost for a SAC is $30.00 per employee and the estimated cost for a NACI check is $408.00 per employee (subject to change at any time).

MEDICAL CENTER ACCESS: Anyone participating in the site visit, or for any other reason that involves visiting the medical center related to this solicitation, must have a valid ID on their person and their vehicle must be properly registered and insured. Visitors are prohibited from possessing weapons while on a federal installation (See 18 USC 930 – Possession of Firearms and Dangerous Weapons in Federal Facilities). Handheld cellphone usage or texting while driving is also prohibited. All VA Medical Centers and associated properties are Federal Property.

PRIVACY TRAINING: All workers regardless of project length must take VA Privacy Training which will be coordinated after project award with the Contracting Officer’s Representative.

E-VERIFY SYSTEM: Companies awarded a contract with the federal government shall enroll in E-Verify within 30 days of the contract award date. They shall also begin using the E-Verify system to confirm that all of their new hires and their employees directly working on federal contracts are authorized to legally work in the United States. E-Verify is an Internet-based system that allows an employer, using information reported on an employee's Form I-9, to determine the eligibility of that employee to work in the United States. There is no charge to employers to use E-Verify. (FAR 52.222-54).

OTHER IMPORTANT BIDDER INFORMATION

PRIME CONTRACTOR INFORMATION- SAFETY OR ENVIRONMENTAL VIOLATIONS AND EXPERIENCE MODIFICATION RATING INFORMATION All Bidders/Offerors shall submit information pertaining to their past Safety and Environmental record (using the attached EMR information/data form) pertaining to their past Safety and Environmental record. The information must contain a certification that the bidder/offeror has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or any EPA violation(s) in the past three years. If such certification cannot be made, a Bidder/Offeror shall explain why and submit as much information as possible regarding the circumstances of its past safety and environmental record, including the number of EPA violations and/or the number of serious, repeat, and/or willful OSHA violations, along with a detailed description of those violations.

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

Self-insured contractors or other contractors that cannot provide their EMR rating on insurance letterhead must obtain a rating from the National Council on Compensation Insurance, Inc. (NCCI) by completing/submitting form ERM-6 and providing the rating on letterhead from NCCI. Note: Self-insured contractors or other contractors that cannot provide EMR rating on insurance letterhead from the states or territories of CA, DE, MI, NJ, ND, OH, PA, WA, WY, and Puerto Rico shall obtain their EMR rating from their state-run worker’s compensation insurance rating bureau.

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

The above information, along with other information obtained from Government systems, such as the OSHA and EPA online inspection history databases, will be used to make an initial Determination of Responsibility.

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

CONFORMANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS: The Contractor shall perform work under this contract consistent with the relevant policy and objectives identified in the agency, organizational, or facility Green Environmental Management System (GEMS) applicable for the contract. The Contractor shall perform work in a manner that conforms to all appropriate Environmental Management Programs and Operational Controls identified by the agency, organizational, or facility GEMS, and provide monitoring and measurement information as necessary for the organization to address environmental performance relative to the environmental, energy, and transportation management goals. In the event an environmental nonconformance or noncompliance associated with the contracted services is identified, the contractor shall take corrective and/or preventative actions. In the case of a noncompliance, the Contractor shall respond and take corrective action immediately. In the case of a nonconformance, the Contractor shall respond and take corrective action based on the time schedule established by the facility GEMS Coordinator. In addition, the Contractor shall ensure that their employees are aware of the roles and responsibilities identified by the environmental management system and how these requirements affect their work performed under this contract.

All on-site contractor personnel shall complete yearly EPA sponsored environmental training specified for the type of work conducted on-site. Upon inclusion in the contract, the Contracting Officer's Representative will verify that all contractor personnel have acquired EMS Awareness Training at their appropriate site or location.

REFERENCES TO VA ENGINEER, RESIDENT ENGINEER, SENIOR RESIDENT ENGINEER, OR PROJECT MANAGER: Any reference contained within contract specifications and/or drawings to the “VA Engineer”, “Resident Engineer”, “Senior Resident Engineer”, “Project Manager”, or their abbreviations are to be replaced with “Contracting Officer’s Representative (COR)”.

PAYMENT FOR MATERIALS STORED OFF-SITE: Payment in advance of installation for materials stored off-site is not authorized under this contract unless otherwise approved by the Contracting Officer.

SCHEDULE OF MATERIAL SUBMITTALS: The submittals contemplated by FAR 52.236-5, Material and Workmanship, are listed on the Schedule of Material Submittals in the Specifications, if provided. The schedule is for reference only – the selected contractor is responsible to provide all submittals required by the contract.

REVIEW REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE ASSESSMENT SYSTEM (CPARS) As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (VA) evaluates contractor past performance on all contracts that exceed $700,000 and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that the contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement VA uses an online database, CPARS, which is maintained by the Naval Seal Logistics Center in Portsmouth, Virginia. CPARS has connectivity with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies. PPIRS is the system used to collect and retrieve performance assessment reports used in source selection determinations and completed CPARS report cards transferred to PPIRS. CPARS also includes access to the federal awardee performance and integrity information system (FAPIIS). FAPIIS is a web-enabled application accessed via CPARS for contractor responsibility determination information.

Each contractor whose contract award is estimated to exceed $700,000 is required to register with CPARS database at the following web address: www.cpars.gov. Help in registering can be obtained by contacting Customer Support Desk at 207-438-1690. Registration should occur no later than thirty days after contract award and must be kept current should there be any change to the contractor's registered representative.

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

Failure to have a current registration in the CPARS database, or to re-assign the report to the VA contracting officer within those thirty days, will result in the Government's evaluation being placed on file in the database with a statement that the “contractor failed to respond.”

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION RECORDS POLICIES

1. 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.

2. 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.

3. 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.

4. The Government 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 the Government 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 (HCA). 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, the contractor must report it to Government Contracting Officer. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Government Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to the Government’s control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer who awarded the contract. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by all Government guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with the project location VA Medical Center’s written policy.

8. The Contractor shall not create or maintain any records containing any non-public Government information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The Government owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government and shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training, Talent Management System (TMS) Item #3873736, Records Management for Records Officers and Liaisons. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training. All training shall be coordinated with the Contracting Officer’s Representative assigned to the contract.

END OF IMPORTANT BIDDER INFORMATION SECTION

STATEMENT OF WORK

A. GENERAL INFORMATION

1. Title of Project: Renovate Building 7 Spinal Cord Injury Rehab

2. Scope of Work: Contractor shall completely prepare site for building operations, including demolition and removal of existing, and furnish labor and materials and perform work to Renovate Building 7 Spinal Cord Injury Rehab as required by drawings and specifications.

3. Background: The existing Spinal Cord Injury (SCI) Rehabilitation Clinic is in Building 7 on the 2nd Floor. The clinic treats both inpatient and outpatient cases. The current layout is outdated and does not meet current VA standards or functional requirements. The space is being renovated to address current requirement gaps.

4. Performance Period: The contractor shall complete the work required under this SOW in a total of 180 calendar days or less from date of award/Notice to Proceed, unless otherwise directed by the Contracting Officer (CO).

a. Deduct Items and Performance Period

1) If Deduct No. 1 is exercised, the period of performance remains 180 calendar days.

2) If Deduct No. 2 is exercised, the period of performance remains 180 calendar days.

3) If Deduct No. 3 is exercised, the period of performance remains 180 calendar days.

b. Work hours

1) Normal Medical Center hours are 7:30 a.m. to 4:00 p.m.

2) Work at other than normal hours are required for activities that impact the normal operations of Medical Center, i.e. work in clinical areas, utility shutdown, work that generates excessive noise and vibration.

B. CONTRACT AWARD MEETING

The contractor shall not commence performance on the tasks in this SOW until the CO has conducted a kickoff meeting or has advised the contractor that a kick off meeting is waived.

C. GENERAL REQUIREMENTS

A. BID ITEM 1, Base Bid: Work includes general construction, alterations, necessary removal of existing structures and construction and certain other items as described in contract documents.

B. BID ITEM 2: Same as Bid Item 1, except the work identified as DEDUCTIVE ALTERNATIVE #1: Deduct 3-level shelving in 2C110. Water/ice machine plumbing, 2-tier lockers, PL-2 work counter surface, SS-1 counter top, and PL-1 casework in room 2C114 are deducted from the scope of the project.

C. BID ITEM 3: Same as Bid Item 2, except the work identified as Deduct No. 2: Deduct all material and labor cost for installation of RF-1 flooring in all clinic areas, and add labor and material costs to install LVT flooring in all clinic areas.

D. BID ITEM 4: Same as Bid Item 3, except the work identified as Deduct No. 3: Deduct costs for material and labor to provide new aluminum storefront assembly and add costs for materials and labor to provide new hollow metal storefront assembly. Deduct material and labor costs for installation of water coolers.

D. SPECIFIC MANDATORY TASKS AND ASSOCIATED DELIVERABLES

Description of Tasks and Associated Deliverables: The contractor shall provide the specific deliverables described below within the performance period stated in Section A.4 of this SOW.

Task One: Submittals

Deliverable One: Provide submittals in PDF for VA review within 14 days of Notice to Proceed.

Task Two: Work performance.

Deliverable Two: Provide completed work that is fully inspected and remediated within 180 days of Notice to Proceed.

E. SCHEDULE FOR DELIVERABLES

1. The contractor shall complete the Delivery Date column in Attachment A for each deliverable specified.

2. Unless otherwise specified, the number of draft copies and the number of final copies shall be the same.

3. If for any reason any deliverable cannot be delivered within the scheduled time frame, the contractor is required to explain why in writing to the CO, including a firm commitment of when the work shall be completed. This notice to the CO shall cite the reasons for the delay, and the impact on the overall project. The CO will then review the facts and issue a response, in accordance with applicable regulations. If deliverable cannot be delivered within the scheduled time frame, compensation may be taken from the contractor.

G. CHANGES TO STATEMENT OF WORK

Any changes to this SOW shall be authorized and approved only through written modifications to the contract by the CO. A copy of each modification will be kept in a project folder along with all other products of the project. Costs incurred by the contractor through the actions of parties other than the CO shall be borne by the contractor.

H. REPORTING REQUIREMENTS

1. Daily Logs submitted electronically by the following work day.

2. Certified Payrolls submitted electronically bi-weekly.

3. Safety reporting in accordance with applicable sections of the specifications.

4. Test reports in accordance with applicable sections of the specifications.

5. Construction waste tracking in accordance with the applicable sections of the specifications, but no less than monthly once construction work has begun.

I. TRAVEL

Travel is not applicable for this statement of work

J. GOVERNMENT RESPONSIBILITIES

The Government will NOT provide any other service outside applicable drawings, specifications, and Statement of work.

K. CONTRACTOR EXPERIENCE REQUIREMENTS

· The contractor must inform the VHA COR when personnel are removed from the contract for any reason.

· If a key person becomes unavailable to complete the contract, proposed substitutions of key personnel shall be made to the COR and CO.

L. SECURITY AND CONFIDENTIALITY

The Authorization requirements do not apply, so a Security Accreditation Package is not required.

It is agreed that:

1. The preliminary and final deliverables, and all associated working papers, application source code, and other material deemed relevant by VA which have been generated by the contractor in the performance of this contract, are the exclusive property of the U.S. Government and shall be submitted to the CO at the conclusion of the contract.

2. The Authorization requirements do not apply, and that a Security Accreditation Package is not required.

3. The CO will be the sole authorized official to release, verbally or in writing, any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this contract. No information shall be released by the contractor. Any request for information relating to this contract, presented to the contractor, shall be submitted to the CO for response.

4. Press releases, marketing material, or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO.

5. Employees shall not be on site without appropriate badge. Employees are responsible for reporting to VA Police with acceptable photo ID to obtain a badge. VA approved badge shall be worn with the identification facing forward and visible above the waist. The employees may also be subject to inspection of their personal effects when entering or leaving the facility.

6. No photography or video recording of VA premises is allowed without prior authorization.

7. VA issued keys are to remain on VA property. Keys that are checked out from the Engineering Office shall be returned each day.

8. Privacy – VA Mandatory Training

· VA Privacy Training for employees with access to VA computer systems or VA sensitive information.

· VA Talent Management System (TMS) training course VA10176 provides the mandatory Privacy Training requirements for any contractor with access to VA computer systems or VA sensitive information.

· VA Privacy Training for employees without access to VA computer systems or VA sensitive information.

· VA Talent Management System (TMS) training course VA20939 provides the mandatory Privacy Training requirements for any contractor without access to VA computer systems or VA sensitive information.

· Each employee self-enrolls for a profile on the VA TMS by visiting https://www.tms.va.gov/SecureAuth35. Once there, employees should follow the steps below to create a profile, launch the mandatory training, and complete the content prior to starting work at VA.

· Provide the COR with each employee’s printed certificate of completion from the TMS. This certificate displays the employee’s TMS User ID.

· Training must be completed annually throughout the performance of this contract.

9. VA Information Custodial Language

· Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

· VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct onsite inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

· Prior to…