36C24923R0032.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)

SOLICITATIONSOLICITATION

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

9. FOR INFORMATION

CALL:

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

SEALED BID (IFB)

NEGOTIATED (RFP)

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

YES NO

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

b. An offer guarantee is, is not required.

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

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

1 68

36C24923R0032 X

1/18/2023

603-23-2-2318-0001 603-22-101

90C

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

Jeffery A. Ridenour 615-225-5628

Furnish all labor, materials, supervision, equipment, and all other necessary items to complete Replace ORs 1-3 Supply Heads as required per drawings and specifications at the Robley Rex VAMC, Louisville, KY. 40206.

NAICS Code: 236220 Size Standard: $39.5M Set-Aside: 100% Service-Disabled Veteran Owned Small Business (SDVOSB) (see VAAR Clause 852.219-10) Magnitude of Construction: $500,000.00 to $1,000,000.00

See FAR 52.236-27 for the date and time of the organized site visit. There will only be one (1) site visit on this project. Please make sure you bring any necessary items to properly inspect the site. A face mask must be worn at all times.

To obtain clarifications and/or additional information concerning the contract requirement, specifications and/or drawings, submit a written request for information (RFI) via email to jeffery.ridenour@va.gov. RFIs must be specific in identifying section, paragraph, and page number and must be in question format. All RFIs submitted shall include the project number and title, contractor name, city, state, phone number, date submitted and RFI questions. Questions received after 1:00 PM CT February 9, 2023, will not be answered unless determined to be in the best interest of the government. Telephone requests will NOT be accepted. All questions at the site visit MUST BE in writing and submitted as an RFI.

This acquisition is 100% set-aside for SDVOSB concerns. To be eligible for award, the contractor must be listed and viewable in the Registry at https://www.vetbiz.va.gov/vip/ at the time of offers due and award. Offerors in reverification statuses are not eligible. In accordance with FAR 52.204-7, all prospective offerors must have an active SAM registration at time of offer and award.

Submit one (1) electronic copy of proposal along with an electronic copy of bid bond to jeffery.ridenour@va.gov, on or before the due date/time stated in Block 13.

See: Important Bidders Information starting on Page 6.

10 270

X X 52.211-10

X 10

15:00 CST

02-23-2023

X

14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO 10 U.S.C. 2304(c)( ) 41 U.S.C. 3304(a) ( )

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY

PHONE: FAX:

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

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

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

TO SIGN

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

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

(Include ZIP Code) (Include area code)

(Include only if different than Item 14.)

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

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

(Type or print)

(4 copies unless otherwise specified)

(Type or print) (Type or print)

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

(Contractor is not required to sign this document.)

(Must be fully completed by offeror)

(To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

Jeffery A. Ridenour

VA-VHA-RPOC-2022-143389

36C24923R0032

Table of Contents

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

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

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

ALTERATION, OR REPAIR)– BACK

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

A.4 DELIVERY SCHEDULE

A.5 SCOPE OF WORK

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

1.1 52.216-1 TYPE OF CONTRACT (APR 1984)

1.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE

OF THE WORK (MAY 2014)

1.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE

EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

1.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION

MATERIALS (MAY 2014)

1.5 52.228-1 BID GUARANTEE (SEP 1996)

1.6 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE)

(FEB 2021)

1.7 52.233-2 SERVICE OF PROTEST (SEP 2006)

1.8 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

1.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

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

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

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

REPRESENTATIONS AND CERTIFICATIONS

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

(JUL 2020) (DEVIATION)

3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

3.3 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—

CERTIFICATION (NOV 2021)

GENERAL CONDITIONS

4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

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

AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER

COVERED ENTITIES (NOV 2021)

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

(APR 1984)

4.4 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(OCT 2022)

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

4.6 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL

LABOR RELATIONS ACT (DEC 2010)

4.7 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER

SERVICE AND CONSTRUCTION CONTRACTS (SEP 2013)

4.8 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR

FEDERAL CONTRACTORS (OCT 2021) (DEVIATION)

4.9 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (OCT 2022)

4.10 SUPPLEMENTAL INSURANCE REQUIREMENTS

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

4.12 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN

2020)

4.13 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

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

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

4.15 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

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

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021)

(DEVIATION)

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

2018)

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

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

4.20 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT

ADMINISTRATION (OCT 2020)

4.21 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ..55

4.22 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT

(SEP 2019)

4.23 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN

2008)

4.24 IT CONTRACT SECURITY

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

0001 1.00 JB ________________

Contractor shall completely prepare site at the Robley Rex VAMC in Louisville, Kentucky for building renovations including demolition and removal of existing structures.

Contractor shall furnish all labor and materials and perform work for installation of power, lights, and surgical booms in ORs 1, 2, and 3 per furnished drawings and specifications.

PRINCIPAL NAICS CODE: 236220 - Commercial and Institutional Building Construction PRODUCT/SERVICE CODE: Z2DA - Repair or Alteration of Hospitals and Infirmaries

GRAND TOTAL ________________

A.4 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

0001 1.00 270 Calendar days after NTP

A.5 SCOPE OF WORK

1. Project Title: Replace ORs 1-3 Supply Heads

2. Project Location: Robley Rex VAMC, Louisville, Kentucky, Building 1, 4th floor

3. Project Number: 603-22-101

4. Scope of Work: Contractor shall completely prepare site at the Robley Rex VAMC in Louisville, Kentucky for building renovations including demolition and removal of existing structures. Contractor shall furnish all labor and materials and perform work for installation of power, lights, and surgical booms in ORs 1, 2, and 3 per furnished drawings and specifications at the Robley Rex VAMC, Louisville, Kentucky.

5. Period of Performance: 270 calendar days.

JUSTIFICATION:

This project is required to replace obsolete OR ceiling mounted supply booms. The existing booms have inadequate outlets for medical gases, power and data are internally inaccessible by maintenance due the boom construction and are not maneuverable. The new IPP in each room will provide additional power meeting increased power demands.

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE

AND BONDS

IMPORTANT OFFEROR INFORMATION

SOLICITATION MATERIALS: All solicitation materials consisting of drawings, specifications, contract forms, Amendments, and other documents will be posted to the Contract Opportunities Government website located at https://sam.gov/. Enter “36C24923R0032 into the search box to access the solicitation materials. This is the only official location where these documents can be obtained and where updates are posted. No ‘hard copy’ solicitation materials are available.

SOLICITATION SUBMISSION: The following documents must be included in the solicitation submission in the formats as stated:

- One (1) electronic copy of an original, fully completed and signed and dated SF 1442 Offer page (‘wet ink signature’), 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; prices on all line items listed on the Price/Cost Schedule; completed Representations and Certifications section (FAR 52.204-8, 52.209-5 (Deviation), and 52.209-7); and fully completed Contractor Experience Modification Rate (EMR) Certification documents.

- One (1) electronic copy of an original completed and signed SF 24 Bid Bond or other allowable Bid Security. Any missing elements of the bid bond submission could render the offeror ineligible and their offer will not be considered.

Offerors are responsible for insuring and verifying their offer and all required solicitation documents are received at the office and point of contact 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).

The Offeror’s technical proposal shall be no more than 50 pages total, which is not inclusive of the solicitation and any amendments issued thereof. The Offeror’s price proposal shall be no more than 25 pages inclusive of bid bonds required.

The due date for proposals is February 23, 2023, at 3:00PM CT

PROJECT INFORMATION

PROJECT TITLE AND NUMBER: 603-22-101 Replace ORs 1-3 Supply Heads PROJECT LOCATION: Robley Rex VAMC, Louisville, KY.

MAGNITUDE OF CONSTRUCTION: $500,000.00 to $1,000,000.00

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).

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, Juneteenth, 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.

DATABASE REGISTRATION INFORMATION

SYSTEM FOR AWARD MANAGEMENT (SAM) REGISTRATION: The System for Award Management (SAM) website located at https://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 offer 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 proposal non-responsive to the solicitation requirements and proceed to award to the next 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://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 100 percent of the bid price but shall not exceed $1,000,000. 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).

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). 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 $750,000 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 $750,000 is required to register with CPARS database at the following web address: www.cpars.csd.disa.mil. 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 coordinate with the Contracting Officer’s Representative assigned to the contract.

EVALUATION PROCESS

This section describes the evaluation process, proposal preparation, the significant factors and sub-factors and criteria to be used in the evaluation process. This section is titled “Instructions, Conditions, and Other Statements to Bidder/Offeror” in the solicitation document. The subject procurement action shall be a Past Performance Trade-Off (PPTO) source selection process per Federal Acquisition Regulation (FAR) Part 15.101-1. Award will be made to the offeror whose proposal conforms to the solicitation and is determined to be “Best Value” for all tradeoffs among cost or price and non-cost factors and allows the Government to accept other than the lowest priced proposal. All proposals will first be reviewed for responsiveness. All fully responsive proposals are then evaluated for technical acceptability and concurrently for price reasonableness. From there, only those proposals that are found technically acceptable and at a reasonable price will be further evaluated for their Past Performance Confidence rating. To be considered for award, an offeror must have an “acceptable” rating in every non-price factor/sub-factor.

The Government intends to award a single contract to a qualified Service-Disabled Veteran Owned Small Business (SDVOSB) determined responsible in accordance with the Federal Acquisition Regulation (FAR), whose proposal conforms to all the requirements in this solicitation and is further determined to meet or exceed the standards of acceptability at the best value. The Government intends to evaluate proposals and award a contract without discussions with Offerors. Therefore, the Offeror’s initial proposal should contain the Offeror’s best terms from both a technically acceptable proposal, with the most advantageous price with respect to past performance.

EVALUATION FACTORS

Factors 1 and 2 are technical factors and will be evaluated on an Acceptable / Non-Acceptable scale as stated below. Factor 3 is a Past Performance factor and will be evaluated using the adjectival scale as stated below. All sub-factors for factor 3 are of equal importance. Factor 4 is Price and will be evaluated as stated below. Factors 2 and 3 are the only factors that are to be evaluated more important than factor 4 (Price).

FACTOR 1 – HOSPITAL/HEALTHCARE CONSTRUCTION MANAGEMENT

The offeror shall provide a narrative that describes the Offeror’s overall organization, organizational chart, as well as number of personnel and the duties of proposed technical staff to determine if offeror can manage multi-discipline projects without significant difficulty. The proposal narrative must adequately address functions, responsibilities, and authorities for performing such duties as overall project management, site superintendence, quality control, safety, administration, and in-house trade capabilities.

Sub-Factor 1a – Relevant Experience: The Prime Contractor shall provide demonstrated satisfactory experience in performing new construction, renovation, revitalization, upgrade, and/or new addition of a hospital/healthcare facility, or medical clinic for a hospital for two (2) completed projects within the past five (5) years with a contract value equal to or greater than $500,000.00. The following information shall be provided: project title, location, start and completion dates, contract price, written narrative of work that includes new construction, renovation, revitalization, upgrade, and/or new addition of a hospital/healthcare facility, or medical clinic as part of the scope of work and a reference for verification.

Standard for Acceptability: The Prime Contractor shall provide project title, location, start and completion dates, contract price, written narrative of the scope of work that clearly demonstrates that new construction, renovation, revitalization, upgrade, and/or new addition of a hospital/healthcare facility, or medical clinic were a part of the work performed and a reference for verification. Prime Contractor must show experience in performing new construction, renovation, revitalization, upgrade, and/or new addition of a hospital/healthcare facility, or medical clinic for two (2) completed projects within the past five (5) years with a contract value equal to or greater than $500,000.00.

Sub-Factor 1b - Key Personnel: Provide the names of the Prime Contractor’s project manager and on-site superintendent, including name with title, years with prime contractor, and satisfactory work experience as it relates to new construction, renovation, revitalization, upgrade, and/or new addition of a hospital/healthcare facility, or medical clinic. Both Project Manager and Site Superintendent must demonstrate (by way of professional resume) experience in managing and providing oversight for at least two (2) new construction, renovation, revitalization, upgrade, and/or new addition of a hospital/healthcare facility, medical clinic with project magnitudes equal to or greater than $500,000.00 per project over the past five (5) years.

Standard for Acceptability: Both Project Manager and Site Superintendent must demonstrate (by way of professional resume) experience in which they managed and provided oversight for a minimum of two (2) new construction, renovation, revitalization, upgrade, and/or new addition of a hospital/healthcare facility, medical clinic which had a project magnitude equal to or greater than $500,000.00 per project during the past five (5) years.

FACTOR 2 - TECHNICAL MANAGEMENT APPROACH: The offeror shall provide a narrative that outlines the proposed technical approach for this project, including assumptions and rationale for choosing the preferred approach.

Sub-Factor 2a-Project & Construction Quality Control: Include a discussion of how the duration of project time was achieved; provide a Gantt chart of contract times broken into schedule of values by trade discipline and by General Wage Decision (formerly Davis-Bacon Act). Offeror must include identification of proposed personnel for project management, site superintendence, and quality control, including role in commissioning, safety during construction, and in-house trade capabilities.

Standard for Acceptability: Gantt chart achieving successful project completion in 180 calendar days after issuance of the notice to proceed, with all requirements met for contract. Technical narrative demonstrates sound logic with minimal disruption to medical center operations.

Sub-Factor 2b-Change Order Management: Based on your experience in hospital construction of a project of this magnitude and scope, involving multiple trades and the coordination thereof, the commissioning of various systems involved in the new construction of a facility and your experience with a project of this magnitude, discuss what factors you would consider in mitigating potential changes. Discuss your handling of changes, where a sub-contractor failed to thoroughly review the project specifications, or a section was inadvertently overlooked.

Standard for Acceptability: When the offeror proposes a realistic or reasonable view of mitigating potential changes or handling of changes where specifications were not thoroughly reviewed.

FACTOR 3 - PAST PERFORMANCE: Offeror shall list minimum of three (3) prior clients for completed projects of new construction, renovation, revitalization, upgrade, and/or new addition of a hospital/healthcare facility, medical clinic where the project dollar magnitude equal to or greater than $500,000.00 within the last five (5) years on the VA Past Performance questionnaire and ask the client to forward directly to the CO via email at jeffery.ridenour@va.gov no later than February 14, 2023.

Past Performance Criteria: There are five sub factors to be rated: Management Effectiveness, Quality of Service and Workmanship, Timeliness/Adherence to Schedules, Training/Technical Support, and Customer Satisfaction. The items under each sub factor describe areas that may be evaluated. All sub factors are equally important.

Sub-Factor 3a-Management Effectiveness

(i) Offeror provided experienced personnel with technical and administrative abilities to meet contract requirements.

(ii) Offeror provided appropriate system documentation

(iii) Offeror’s overall management effectiveness

Sub-Factor 3b-Quality of Service and Workmanship

(i) Offeror provided professional services

(ii) Offeror maintained the quality products/service

(iii) Offeror achieved throughput specifications

(iv) Offeror achieved accuracy specifications

(v) Offeror achieved integration specifications (if applicable)

(vi) Offeror’s overall quality of products/service

Sub-Factor 3c-Timeliness/Adherence to Schedules

(i) Offeror delivered items timely as identified in your contract

(ii) Offeror was proactive in keeping you informed of schedule conflicts if they were going to occur

(iii) Offeror responded to emergency requirements in a timely manner

(iv) Overall offeror timeliness

Sub-Factor 3d-Training/Technical Support

(i) Offeror provided useful quality training

(ii) Offeror provided prompt technical support after delivery

(iii) Offeror’s overall quality of training/technical support

Sub-Factor 3e-Customer Satisfaction

(i) Offeror maintained a professional working relationship

(ii) Offeror was reasonable and cooperative in resolving customer complaints

(iii) Offeror was flexible in responding to urgent requirements

(iv) Overall customer satisfaction

Past Performance will be evaluated in a two-step process: 1) Determine the relevancy of recent efforts accomplished by the offeror to the requirements of the solicitation, and 2) Offeror performance on the past contracts that meet the relevancy requirements. The government will evaluate the quality and extent of offeror’s performance deemed relevant to the requirements of this solicitation. Offerors without a record of relevant past performance or for whom information on past performance is not available will not be evaluated favorably or unfavorably on past performance and, as a result, will receive an “Neutral" rating for the Past Performance factor.

The adjectival rating criteria used to evaluate Past Performance – Relevancy are defined in the following table:

Rating Description Very Relevant Past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant Past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant Past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

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

The adjectival rating criteria used to evaluate Past Performance – Confidence are defined in the following table:

Assessment 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 little expectation that the offeror will be able to successfully perform the required effort.

No Confidence Based on the offeror’s recent/relevant performance record, the Government has no expectations that the offeror will be able to successfully perform the required effort.

Unknown Confidence (Neutral)

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.

NOTE: The past performance evaluation results is a comparative assessment of the Offeror’s probability of meeting the past performance solicitation requirements. This assessment is based on the Offeror’s record of relevant and recent past performance information that pertain to the products and/or services outlined in the solicitation requirements. The Government may also obtain past performance information through the Past Performance Information Retrieval System (PPIRS) and/or other sources known to the Government.

FACTOR 4 - PRICE: The offeror must provide a detailed price breakdown on the “S02-Solicitation Attachment-Price Schedule” worksheet provided with the solicitation. The proposed price breakdown will be analyzed if only one (1) proposal is received or if a competitive range cannot be established.

Thus, proposals will be evaluated by examining the different divisions of work to be performed, to ensure that it reflects a clear understanding of the requirement; and is consistent with the Offeror’s Technical Proposal. A detailed price breakdown will be analyzed, and the stated prices will be compared to prices at which the same or similar items have previously been awarded for similar construction projects accounting for price escalation due to current economic conditions. If a detailed price breakdown is not included in the Offeror’s price proposal, the contractor may be excluded from further consideration for contract award.

END OF EVALUATION FACTORS

1.1 52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of Provision)

1.2…