36C24925R0003.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.

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36C24925R0003 X

02-14-2025

596-25-2-5879-0003 596-21-104 AJP

Department of Veterans Affairs Network Contracting Office 9 (90C)

NCO 9

1639 Medical Center Parkway, Suite 204 Murfreesboro TN 37129

Robert Glenn Jr robert.glenn2@va.gov

Robert Glenn Jr 615-225-3413

Furnish all labor, materials, equipment, supervision and all other necessary items to Replace Deteriorated Underground Utilities as required per drawings and specifications at Lexington VA Health Care System, Franklin R. Sousley Campus

NAICS Code: 236220 Size Standard: $45M Set-Aside: 100% Service-Disabled Veteran Owned Small Business (SDVOSB) (see VAAR Clause 852.219-10) Magnitude of Construction: $5,000,000.00 to $10,000,000.00

See FAR 52.236-27 - See page number 19 for the date and time of the organized site visit. There will only be one (1) site visit for this requirement. Please make sure you bring any necessary items to properly inspect the site.

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 Robert.glenn2@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 2:00 PM ET March 5, 2025, will not be answered unless determined to be in the best interest of the government. Telephone requests will NOT be accepted. Technical questions will not be answered at the site visit as questions MUST BE in writing and submitted as an RFI.

Offerors are to submit one (1) electronic copy of entire proposal along with, in the order as solicited, an electronic copy of bid bond to Robert.glenn2@va.gov, on or before the due date/time statedin Block 13.

In accordance with P.L 109-461, this acquisition is 100% set-aside for Service-Disabled Veteran Owned Small Business (SDVOSB) concerns. In order to be eligible to receive an award under this solicitation, the SDVOSB contractor must be registered in the U.S. Small Business Administration (SBA) Veteran Small Business Certification (VetCert) site at the time of submission of proposal and award. All Offerors including Joint Venture's (JVs) submitting an offer must submit VetCert and/or SBA certification with their offer and those that fail to do so shall be rendered technically unacceptable and shall not be eligible for award.

All offerors are urged to contact the SBA VetCert (https://veterans.certify.sba.gov) and submit the required documents to obtain verification of their SDVOSB status if they have not already done so.

Project will be procured under FAR 15.101-2 Lowest price Technically Acceptable. Evaluation factors are listed in the solicitation.

10 910

X X 52.211-10

X 10

2PM EDT

03-17-2025

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

596-3650162-5879-854200-3220 23NR2JA22

90C

Network Contracting Office 9 Department of Veterans Affairs Network Contracting Office (90C) 1639 Medical Center Parkway Suite 204 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

Matthew R. Whisman Contracting Officer

36C24925R0003

Table of Contents

STATEMENT OF OFFER ITEM(S)

IMPORTANT OFFEROR INFORMATION

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE

OF THE WORK (MAY 2014)

2.2 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE

EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

2.3 52.228-1 BID GUARANTEE (SEP 1996)

2.4 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE)

(FEB 2021)

2.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

2.6 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

2.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

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

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

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

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2024)...20

3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

3.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—

REPRESENTATION AND DISCLOSURES (DEC 2023)

3.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

3.5 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—

CERTIFICATION (NOV 2021)

GENERAL CONDITIONS

4.1 52.203-14 DISPLAY OF HOTLINE POSTER(S) (NOV 2021)

4.2 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

4.3 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE,

AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB COVERED

ENTITIES (DEC 2023)

4.4 52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—

PROHIBITION (DEC 2023)

4.5 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (OCT 2018)

4.6 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984) ALTERNATE I (APR 1984)

4.7 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)

4.8 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL

LABOR RELATIONS ACT (DEC 2010)

4.9 SUPPLEMENTAL INSURANCE REQUIREMENTS

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

4.11 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN

2020)

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

4.13 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

4.14 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (NOV 2022)

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

2018)

4.16 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(APR 2019)

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

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

4.19 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT

ADMINISTRATION (OCT 2020)

4.20 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ..54

4.21 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT

(SEP 2019)

4.22 MANDATORY WRITTEN DISCLOSURES

4.23 List of Attachments

STATEMENT OF OFFER ITEM(S)

A. BASE OFFER ITEM I, GENERAL CONSTRUCTION: Work includes general construction, alterations, walks, electrical, mechanical, plumbing, site utility, and necessary removal of existing structures and construction and certain other items.

Reference contract drawings and specifications. Pricing shall be provided separately for all items listed below. Award may be made on as few as 1 item or as many as all the items based on their individual pricing.

a. ITEM IA: Work to complete: Sanitary Improvements – 180 calendar days.

b. ITEM IB: Work to complete: Waterline Improvements – 280 calendar days.

c. ITEM IC: Work to complete: Storm Sewer Improvements – 80 calendar days.

B. ADD ALTERNATE 1: Labor, equipment, and materials necessary to complete: Channel

Improvements Add Alternate as shown in design – 120 calendar days.

C. ADD ALTERNATE 2 Labor, equipment, and materials necessary to complete replacement of Backflow Preventer Add Alternate as shown in design – 60 calendar days.

D. ADD ALTERNATE 3: Labor, equipment, and materials necessary to complete Water

Demolition Add Alternate as shown in design – 60 calendar days.

E. ADD ALTERNATE 4: Labor, equipment, and materials necessary to complete the Full

Depth Pavement Replacement Add Alternate as shown in design – 20 calendar days.

F. ADD ALTERNATE 5: Labor, equipment, and materials necessary to complete the

Sanitary Improvement Plan – Add Alternate as shown in design – 60 calendar days.

*NOTE, a 60-calendar day period for submittals will be added to the overall Period of

Performance.

STATEMENT OF OFFEROR ITEMS

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 36C24925R0003 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.

All Offerors are to sign the Certification in 852.219-75. Failure to do so will render offerors technically unacceptable outright and will not be eligible for award.

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 due date for proposals is March 17, 2025, at 2:00PM ET

PROJECT INFORMATION

PROJECT TITLE AND NUMBER: 596-21-104 - Replace Deteriorated Underground Utilities PROJECT LOCATION: Lexington VA Healthcare System, Lexington, KY.

MAGNITUDE OF CONSTRUCTION: $5,000,000.00 to $10,000,000.00

NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM CODE: (NAICS): 236220 –

SMALL BUSINESS SIZE STANDARD: $45 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 and Veteran Small Business Certification (VetCert) at https://veterans.certify.sba.gov/. All Offerors and Joint Venture’s (JVs) submitting an offer must submit VetCert and/or SBA certification of some type with their offer and those that fail to do so shall be rendered technically unacceptable and shall not be eligible for award. 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 or Veteran Small Business Certification (VetCert);

otherwise, the Contracting Officer shall deem the offeror’s proposal non-responsive to the solicitation requirements and proceed to award to the next lowest offer. Changes to any resultant contract may only be made by a modification which is formally executed by the contractor and the Contracting Officer.

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 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).

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 Attachment 7 - 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 FACTORS

This section describes the evaluation process, proposal preparation, the factors and sub-factors and criteria to be used in the evaluation process. This procurement action is a Lowest Price Technically Acceptable source selection process in accordance with FAR 15.101-2. Proposals will be evaluated for acceptability, but not ranked using the non-price factors/sub-factors. In order to be considered for award, the low offeror must have an “acceptable” rating in every non-price factor/sub-factor under consideration.

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 lowest offered price. The Government intends to award a contract without discussions with Offerors. Therefore, the Offeror’s proposal should contain the Offeror’s best terms from both a technical and cost standpoint.

The evaluation in response to this Request for Proposal (RFP) solicitation will be conducted utilizing the Lowest Price Technically Acceptable (LPTA) selection process. Utilization of this source selection process may result in not all offers being evaluated. The Contracting Officer upon receipt of offers, will determine eligibility and compliance to the solicitation requirements.

The SBA’s VetCert site will be checked to ensure that any offeror submitting a proposal to perform the work is both listed and verified. Thereafter, the Contracting Officer will review all proposals to identify the lowest price proposal. Once identified, the Contracting Officer will submit for review to the Technical Evaluation Board (TEB) the technical proposal of the lowest priced offeror for review. Initially, the TEB will not receive any pricing information, only the technical portion of the offeror’s proposal. The offeror’s proposal will be rated against each evaluation factor as set forth in this solicitation.

If the selected offeror’s proposal is determined to be acceptable based on the standards of acceptability, and that offeror’s price is the lowest of all offers submitted, then no further evaluation of offers shall occur, and the Contracting Officer will document these findings and proceed with the responsibility determination of the offeror. Pricing information will only be provided to the TEB upon notification to the Contracting Officer that the technical proposal as submitted meets or exceeds the acceptability standard necessary to fulfill the objective of the requirement.

Should the initial offeror’s proposal be determined to be unacceptable according to the standards of acceptability, then the TEB will be required to provide to the Contracting Officer a summary evaluation sheet that documents how the offeror’s proposal fails to meet the standards of acceptability, and request to the Contracting Officer that another selection be made for consideration of award. This process shall continue until such time that an award is made.

Offerors shall respond in writing to the evaluation factors listed below, in the same order as they appear in this solicitation document. The information contained in the technical proposal should be complete, concise, and address each factor. If information is applicable to more than one evaluation factor, it must be repeated for each factor, unless stated otherwise.

Complete proposals (A. Technical & B. Price) are to be submitted via email to the Contract Specialist, Robert Glenn Jr, to the address. Hard copy proposals don’t have to be submitted for this solicitation.

EMAIL: robert.glenn2@va.gov

FAR 52.209-7 Information regarding responsibility Matters (b) shall be marked. If not marked, the proposal is technically unacceptable and cannot be considered for award.

Technical and Price sections of an Offeror’s proposal will be evaluated independently. All pages containing text shall be consecutively numbered, type-written on 8-1/2x11 inch paper with margins of at least once inch and created using a Times New Roman 12-point font. The submitted proposals should contain two (2) sections, each section being one (1) attachment: a.)

Technical Proposal b.) Price Proposal. 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 the bid bonds required. The Offeror is hereby advised that “Attachment 3 Pricing Schedule” worksheet shall be considered as 20 pages, regardless of the overall total. Proposals are to be emailed only. Any proposals that are mailed, faxed, or any other means of submission besides email will be considered UNACCEPTABLE. Each section must therefore be labeled with the following:

1. Construction Company Name

2. Physical Address of the Company

3. Telephone Number

4. Email address

5. VA Project Number (Project 596-21-104)

6. VA Project Name (Replace Deteriorated Underground Utilities)

7. Solicitation number (36C24925R0003)

The Technical Evaluation Board (TEB) shall evaluate the offeror’s proposal against all non-price factors/sub-factors using “ACCEPTABLE” or “UNACCEPTABLE” ratings based upon the standard of acceptability that follows each factor/sub-factor below. In order to obtain an “ACCEPTABLE” rating, an offeror must meet the standard of acceptability that is listed for each factor/sub-factor.

The evaluation process and criteria stated in this section will be strictly adhered to. Evaluators will make no assumptions regarding an offeror’s proposal. Therefore, an Offeror must demonstrate understanding by the thoroughness, soundness, comprehensiveness and price reasonableness of technical approach. There will be no public opening of offers.

The following evaluation factors and sub-factors will apply to this procurement:

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: Relevant Experience: The prime contractor shall provide demonstrated experience in underground site utility work for three (3) completed projects within the past five (5) years with a contract value equal to or greater than $5,000,000.00. The subject project must have consisted of multiple trades to demonstrate the management and coordination of trades by the Prime Contractor.

Standard for Acceptability: The Prime contractor shall provide project title, location, start and completion dates, contract price, along with a written narrative of the scope of work that clearly demonstrates underground site utility work. Prime contractor must show experience in performing this type of requirement for three (3) completed projects within the past five (5) years with a contract value equal to or greater than $5,000,000.00.

Sub-Factor 1b - Key Personnel: Provide the names of the prime contractors’ project manager and on-site superintendent, including name with title, years with prime contractor, and total work experience as it relates to underground site utility work. Both project manager and site superintendent must demonstrate (by way of professional resume) experience in managing and providing oversight in underground site utility work with a project magnitude equal to or greater than $5,000,000.00 or more over the past five (5) years.

Standard for Acceptability: Project Manager and the on-site Superintendent must have a minimum of five (5) or more years of experience managing underground site utility work.

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. Narrative to detail proposed personnel for project management, site superintendence, quality control, safety during construction, and in-house trade capabilities.

Standard for Acceptability: Narrative demonstrating technical approach to project including personnel details for site superintendent, quality control, safety, and in-house capabilities.

FACTOR 3 - Past Performance: Offeror shall list three (3) prior clients for completed projects of underground site utility work projects with a dollar magnitude equal to or greater than $5,000,000.00 within the last five (5) years on Attachment 6 - VA Past Performance Questionnaire and ask the client to forward directly to the Contract Specialist via email at Robert.glenn2@va.gov no later than March 17, 2025, at 2:00 PM EST.

Standard for Acceptability: This factor is met when up to a minimum of three (3) Attachment 6

- Past Performance Questionnaires with a rating of satisfactory or above that the offeror has worked with in the past five (5) years are received and are determined to be relevant to the subject procurement. The past performance information to be evaluated includes, timeliness of delivery/performance, including adherence to contract schedules and timely submission or performance of submittals; the offeror’s ability to comply with the terms and conditions of the contract; the overall quality of the work performed on the contract; the offeror’s managerial performance; and whether the reference would enter into a contract with the offeror again.

NOTE: The past performance evaluation results is an assessment of the Offeror’s probability of meeting the minimum 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) other sources known to the Government.

RELEVANT: The Government will perform an independent determination of data relevancy, provided or obtained. The main assessment of relevancy shall focus on capability and magnitude. Capability assesses whether the work being performed in the reference is like the work in the requirement. Magnitude defines whether the amount of work in the reference is like the amount of work that is to be performed in the requirement.

RECENT: Recent past performance shall be defined as successful performance under contracts similar in scope to the subject requirement completed within the last five (5) years through proposal due date

Price: The offeror shall provide pricing for the stated offer item. The Government will evaluate offers for award purposes.

The price proposal must include the Pricing Schedule worksheet, the signed SF 1442, with acknowledgment of any amendments, plus the Offeror’s Bid Guarantee documents.

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE

AND BONDS

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO

BIDDERS/OFFERORS

2.1 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—

SECONDARY SITE OF THE WORK (MAY 2014)

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

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

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

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

(End of Provision)

2.2 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO

ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION

(FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

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

Goals for minority participation for each trade

Goals for female participation for each trade

10.8 % 6.9 % These goals are applicable to all the Contractor's construction work performed in the covered…