36C25020B0007-001.docx

36C25020B0007 / 515-18-106 Tuckpoints Various Bldgs. VAMC Battle Creek

1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

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

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

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

9. FOR INFORMATION

CALL:

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

SEALED BID (IFB)

NEGOTIATED (RFP)

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

YES

NO

a.

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

b.

An offer guarantee is, is not required.

c.

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

d.

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

36C25020B0007 X 01-08-2020 515-20-1-155-0007 515-18-106 Y Department of Veterans Affairs Network Contracting Office 10 24 Frank Lloyd Wright Dr.

Lobby M, Suite M2200 Ann Arbor MI 48105 Department of Veterans Affairs Network Contracting Office 10 24 Frank Lloyd Wright Dr.

Lobby M, Suite M2200 Ann Arbor MI 48105 Lucena-Pulst, Madeline 734-222-4347

This solicitation is 100% set aside for a Service Disabled Veteran Owned Small Business, See VAAR Clause 852.219.10.

NAICS 238140 and a $16.5 Million Small Business Size Standard applies to this procurement.

PROJECT DESCRIPTION:

Contractor shall completely prepare site for building operations, including demolition and removal of existing structures, and furnish labor and materials and perform work for additon and revonvations for Project 515-18-106 VA Battle Creek Tuckpoint Various Buildings as required by drawings and speicifications.

All work shall take place at the Battle Creek VA Medical Center located at 5500 Armstrong Road, Battle Creek, MI 49037

Refer to the Drawings and Specifications for a complete description of the Task Order requirements. Period of Performance is 270 Calendar Days after receipt of Notice to Proceed.

NOTES:

(1) There will only be one pre-bid site visit. On-site Contact Nathan McCallum can be reached at 269-966-5600 ext.

35468. Bidders are highly encouraged to attend the site visit to fully understand their responsibilities.

(2) See important Bidder Information starting on page 7 forfurther details pertaining to requests for information.

X 52.211-10 X

1:00PM

02-07-2020 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

COMPLETE BID SCHEDULE AND ATTACH TO THIS OFFER

DUNS Number: ________________________________ Federal Tax ID Number: ______________________ email address: ______________________________ 36C250 Department of Veterans Affair Network Contracting Office 10 24 Frank Lloyd Wright Drive Suite M2200 Ann Arbor MI 48105 Department of Veterans Affairs Financial Management System PO Box 149971 Austin TX 78714-9971 877-353-9791 512-460-5540 Kyle A. Lipper

NCO1015L2-5916

Table of Contents

Bid Schedule Project 515-18-106 Tuckpoint, Various Buildings

BID ITEM 1

Tuckpointing Description: Furnish all labor, material, supervision, equipment, etc. to perform tuckpointing per project specifications and drawings for buildings #4, 5, 6, 7, 14, 22, 26, 27, 28, 39, 83, 84, 134, 138, 200 and connecting corridors. The drawings identify the areas to be tuckpointed however the total quantity to be priced shall include an additional Seven Thousand Five-Hundred (7,500) Square Feet of wall area to have tuckpointing that will be identified after contract award and during the course of the project.

Quantity: All Areas to be Tuckpointed Buildings 4, 5, 6, 7, 14, 22, 26, 27, 28, 39, 83, 84, 134, 138, 200 and connecting corridors as indicated on the drawings plus an additional Seven Thousand Five-Hundred (7,500) Square Feet (Wall Area) Price: $_________________ Brick Replacement Description: Furnish all labor, material, supervision, equipment, etc. to replace damaged brick per project specifications and drawings for buildings #4, 5, 6, 7, 14, 22, 26, 27, 28, 39, 83, 84, 134, 138, 200 and connecting corridors. The drawings identify the areas that have damaged brick however the total quantity to be priced shall include an additional One Thousand Three-Hundred (1,300) Square Feet of wall area to have damaged brick replaced that will be identified after contract award and during the course of the project.

Quantity: All Areas to have Brick Replacement Buildings #4, 5, 6, 7, 14, 22, 26, 27, 28, 39, 83, 84, 134, 138, 200 and connecting corridors as indicated on the drawings plus and additional One Thousand Three-Hundred (1,300) Square Feet (Wall Area) Price: $_________________ Lintel Replacement* Description: Furnish all labor, material, supervision, equipment, etc. to replace damaged steel lintels per project specifications and drawings. The drawings identify 33 steel lintels that are damaged requiring replacement however the total quantity to be priced shall include an additional Twelve (12) steel lintels to be replaced that will be identified after contract award and during the course of the project.

Quantity: 45 Steel Lintels Price: $_________________ Sill Repair Description: Furnish all labor, material, supervision, equipment, etc. to repair or replace damaged concrete sills per project specifications and drawings for buildings #4, 5, 6, 7, 14, 22, 26, 27, 28, 39, 83, 84, 134, 138, 200 and connecting corridors. The drawings identify the areas that have damaged sills and specify repair or replacement.

Quantity: All Areas to have Sill Repair Buildings #4, 5, 6, 7, 14, 22, 26, 27, 28, 39, 83, 84, 134, 138, 200 and connecting corridors as indicated on the drawings.

Price: $_________________ Cap Stone Replacement Description: Furnish all labor, material, supervision, equipment, etc. to replace damaged cap stone per project specifications and drawings for buildings #4, 5, 6, 7, 14, 22, 26, 27, 28, 39, 83, 84, 134, 138, 200 and connecting corridors. The drawings identify the areas that have damaged cap stones.

Quantity: All Areas to have Cap Stone Replacement Buildings #4, 5, 6, 7, 14, 22, 26, 27, 28, 39, 83, 84, 134, 138, 200 and connecting corridors as indicated on the drawings.

Price: $_________________ Caulking Replacement Description: Furnish all labor, material, supervision, equipment, etc. to replace caulking per project specifications and drawings for buildings #4, 5, 6, 7, 14, 22, 26, 27, 28, 39, 83, 84, 134, 138, 200 and connecting corridors. The drawings identify the areas that will receive caulking.

Quantity: All Areas to have Caulking Replacement Buildings #4, 5, 6, 7, 14, 22, 26, 27, 28, 39, 83, 84, 134, 138, 200 and connecting corridors as indicated on the drawings.

Price: $__________________ Performance Period for Bid Item 1 is 270 Calendar Days after issuance of the Notice to proceed.

Total Bid Price for Bid Item 1: $_____________

BID ITEM 2 - DEDUCTIVE NO. 1

Description: Furnish all labor, material, supervision, equipment, etc. to complete all work described in BID ITEM 1 except delete the requirement to remove and replace caulk and backer rod at full perimeter of all existing openings for the covered walk structures (connecting corridors) as shown on drawings 200.AS100 through 200.AS119.

Performance Period for Bid Item 2 is 240 Calendar Days after issuance of the Notice to Proceed.

Total Price for Bid Item 2 – DEDUCTIVE NO. 1: ($_________________)

BID ITEM 3 – DEDUCTIVE NO. 2 – Minus Caulking Replacement and Building 14 Description: Furnish all labor, material, supervision, equipment, etc. to complete all work described in BID ITEM 1 except delete the requirement to remove and replace caulk and backer rod at full perimeter of all existing openings for the covered walk structures (connecting corridors) as shown on drawings 200.AS100 through 200.AS119 AND also delete all work for Building No. 14 in its entirety from BID ITEM 1.

Performance Period for Bid Item 3 is 225 Calendar Days after issuance of the Notice to Proceed.

Total Price for Bid Item 3 – DEDUCTIVE NO. 2: ($_______________)

BID ITEM 4 – DEDUCTIVE NO. 3

Description: Furnish all labor, material, supervision, equipment, etc. to complete all work described in BID ITEM 1 except delete the requirement to remove and replace caulk and backer rod at full perimeter of all existing openings for the covered walk structures (connecting corridors) as shown on drawings 200.AS100 through 200.AS119, delete all work for Building No. 14 in its entirety, AND also delete all work for Building No. 7 in its entirety.

Performance Period for Bid Item 4 is 210 Calendar Days after issuance of the Notice to Proceed.

Total Price for Bid Item 4 – DEDUCTIVE NO. 3: ($_______________)

NOTE: IT IS TO BE ASSUMED 80% OF THE BID REQUIRES SCAFFOLDING, LIFT, OR OTHER MEANS OF ELEVATED ACCESS.

* LINTEL REPLACEMENT PROPOSED PRICE SHALL INCLUDE ALL NECESSARY SHORING, BRICK REMOVAL & REPLACEMENT, AND WEEP INSERTS PER DRAWING DETAIL.REPLACEMENT, LINTEL REMOVAL & REPLACEMENT AND WEEP INSERTS PER DETAIL.

PRICING BID ITEM 1: Offerors shall propose a breakdown price on all task in Bid Item 1. Failure to offer a price on all items shall be cause for the offer to be deemed non-compliant and shall not receive any consideration. Award will be made to that compliant and responsible offeror offering the lowest price on the item being awarded (also see paragraph below). Only one contract will be awarded as a result of this solicitation.

PRICING DEDUCTIVE BID ITEMS: A single award will be made to the offeror offering the lowest total price for Bid 1, but in the event the lowest offer exceeds the funds available, a single award will be made to the offeror offering the lowest price for Deductive Item 1, Deductive Item 2, or Deductive Item 3 in that order of precedence based on available funding.

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IMPORTANT BIDDER INFORMATION

BIDDING MATERIALS: Bidding materials consisting of drawings, specifications, contract forms and any issued Amendments will be posted at https://beta.sam.gov/ . Enter 36C25020B0007 into the search box to access the bid materials. This is the only official location where these documents can be obtained and where updates are posted. No ‘hard copy’ bidding materials are available.

BID SUBMISSION: The following documents are to be included in the bid submission: (1) An original, fully completed and signed SF 1442 Offer page (‘wet ink signature’), (2) Acknowledgment of any amendments issued either via completing block 19 of the SF1442 or completing blocks 15a, b, and c of the Amendment and attaching to the SF 1442 Offer page; (3) An original fully completed block 17 of the SF1442 Offer page; (4) An original completed and signed SF 24 Bid Bond; (5) Completed Representations and Certifications section (FAR 52.204-8, 52.209-7, and 52.209-13); (6) Fully completed Contractor EMR Certification page.

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

Emailed or faxed bids, or modifications to bids, are not authorized and any emailed of faxed bid or modification to a bid received will be deemed technically unacceptable, the bid rejected as non-conforming to the terms of the solicitation, and the bidder shall not be considered for award.

PROJECT INFORMATION

PROJECT TITLE AND NUMBER: Tuckpoints Various Buildings 515-18-106 PROJECT LOCATION: Battle Creek Medical Center, 5500 Armstrong Road, Battle Creek, MI 49037 MAGNITUDE OF CONSTRUCTION: Between $500,000 and $1,000,000. (FAR 36.204) TYPE CONSTRUCTION: Masonry Contractors NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM CODE: (NAICS): 238140 Masonry Contractors SMALL BUSINESS SIZE STANDARD: $16.5 Million PERIOD OF PERFORMANCE: 270 calendar days from receipt of Notice to Proceed.

SCOPE OF WORK:

This project is located at the Battle Creek Medical Center, 5500 Armstrong Road, Battle Creek, MI 49037. Contractor shall furnish all necessary labor, tools, miscellaneous materials, equipment, and supervision as specified in drawings and specifications to replace the mortar to repair the deteriorated and cracked exterior brink on various Medical Center Buildings. Work will include the following:

• Repair and replacement of mortar

• Repair of damaged brick

• Repair building construction joints

• Repair window ledges

• Replacement of lintels

• Seal and caulk around windows, doors, and any other exterior element

The project will take 270 calendar days to complete after receipt of the Notice to Proceed (NTP). Contractors will thoroughly review the bid drawings and specifications to be closely familiar with all that is required in this project which includes the limits of construction, working hours, and permitting requirements.

Normal working hours shall be between 8:00 a.m. – 4:30 p.m. Local Time; Authorization to work other than normal working hours shall be requested no later than 3 business days in advance for evaluation and approval by the Contracting Officer. No work shall be performed on Federal Holidays without the expressed written permission of the Contracting Officer.

Page 1 of Page 1 of WAGE DETERMINATION: Department of Labor General Decision Number MI20190079 Dated 11/08/2019 Mod No. 8, Construction Type: Building, Location Calhoun County is applicable to any resultant contract. If necessary, subsequent revisions will be posted to the solicitation via amendment prior to bid opening. Revision may also be applicable prior to any contract award. Wage decisions are available at http://www.wdol.gov/Index.aspx.

REQUESTS FOR INFORMATION (RFI): To obtain clarifications and/or additional information concerning the contract requirements, specifications and/or drawings, submit a written RFI utilizing the RFI Form attached to this Solicitation, send via email to madeline.lucena-pulst@va.gov. The subject line of the email must read ‘RFP # – 36C25020B0007 Project 515-18-106. RFIs must be specific identifying section, paragraph and page no. of the specifications or cite the drawing number and must be in question format. All RFIs submitted shall include the solicitation number and title, contractor name, city, state, telephone, email address, date submitted, and the RFI question(s). RFI responses will be posted to https://beta.sam.gov/ as necessary in amendment format. Deadline for submission of RFIs for this solicitation is close of business Wednesday, January 22nd, 2019. No questions will be answered after this date unless determined to be in the best interest of the Government as deemed by the Contracting Officer. Telephone requests for information will not be accepted or returned.

TYPE OF SET-ASIDE

THIS SOLICITATION IS A 100% SET-ASIDE FOR SERVICE-DISABLED VETERAN OWNED SMALL BUSINESSES (SDVOSB)

SEE THE SOLICITATION FOR ELIGIBILITY REQUIREMENTS.

DATABASE REGISTRATION INFORMATION

SYSTEM FOR AWARD MANAGEMENT REGISTRATION: The System for Award Management (SAM) is the Official U.S. Government system that consolidated the capabilities of the Central Contractor Registration (CCR including FedReg), Online Representations and Certifications Application (ORCA), and the Excluded Parties List System (EPLS). Federal Acquisition Registrations require that federal contractors register in SAM at www.sam.gov and enter all mandatory information into the system. All offerors shall have an active registration in the System for Award Management at the time of bid opening and any low bidder that is not active in SAM at the time of bid opening shall be rendered non‐responsive, the bid rejected, and shall not be considered for award.

THE EXCLUDED PARTIES LIST SYSTEM (EPLS): To ensure that the individuals or businesses providing services under the contract have not engaged in fraud or abuse regarding Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the contractor is required to check the Excluded Parties List System (EPLS) located at www.sam.gov for each person or business providing services under this contract. During the performance of this contract the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities.

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 $100,000 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, check the following website: http://www.dol.gov/vets/programs/fcp/main.htm. 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 have to be 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 are 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 $30,000.00 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. Current cost for a SAC is $30.00 per employee and the current 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 use or texting while driving is also prohibited. All VA Medical Centers and associated properties are Federal Property.

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

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

OTHER IMPORTANT BIDDER INFORMATION

ADDITIONAL 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 and certification form) pertaining to their past Safety and Environmental record. The information must contain a certification that the bidder/offeror has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or any EPA violation(s) in the past three years. If such certification cannot be made, a Bidder/Offeror shall explain why and submit as much information as possible regarding the circumstances of its past safety and environmental record, including the number of EPA violations and/or the number of serious, repeat, and/or willful OSHA violations, along with a detailed description of those violations.

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

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

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

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

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. The provided schedule is for reference only, all submittals required by the contract documents are required.

PROGRESS SCHEDULE: For the schedule contractual requirement reference Specification Section 01.32 16.15.

REVIEW REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE ASSESSMENT SYSTEM (CPARS)

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

1. Each contractor whose contract award is estimated to exceed $700,000 is required to register with CPARS database at the following web address: www.cpars.csd.disa.mil. Help in registering can be obtained by contacting Customer Support Desk at DSN: 684-1690 or COMM: 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.

1. 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.

1. 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.”

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision— "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

"Federal contracts and grants with total value greater than $10,000,000" means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of Provision)

2.2 52.209-13 VIOLATION OF ARMS CONTROLS TREATIES OR AGREEMENTS—CERTIFICATION (JUN 2018)

(a) This provision does not apply to acquisitions below the simplified acquisition threshold or to acquisitions of commercial items as defined at FAR 2.101.

(b) Certification. [Offeror shall check either (1) or (2).]

(1) The Offeror certifies that—

(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President’s or Secretary of State’s determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available via the internet at https://www.state.gov/t/avc/rls/rpt/;and

(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President’s or Secretary of State’s determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available via the internet at https://www.state.gov/t/avc/rls/rpt/; or

(2) The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of this provision.

(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision). For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.

(1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there. Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.

(2) If there may have been such activity, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of noncompliance is equivalent to a determination of violation. However, the following statements in the annual report are not equivalent to a determination of violation:

(i) An inability to certify compliance.

(ii) An inability to conclude compliance.

(iii) A statement about compliance concerns.

(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.

(4) The Offeror may submit any questions with regard to this report by email to NDAA1290Cert@state.gov. To the extent feasible, the Department of State will respond to such email inquiries within 3 business days.

(d) Do not submit an offer unless—

(1) A certification is provided in paragraph (b)(1) of this provision and submitted with the offer; or

(2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer information that the President of the United States has—

(i) Waived application under U.S.C. 2593e(d) or (e); or

(ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22 U.S.C.2593e(b).

(e) Remedies. The certification in paragraph (b)(1) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.

(End of Provision)

2.3 52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of Provision)

2.4 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)

2.5 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:

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

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the—

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Calhoun County, Battle Creek, Michigan

(End of Provision)

2.6 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American—Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request.