36C25021B0038.docx
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- Solicitation number
- 36C25021B0038
About this file
This is a solicitation for construction services to reconfigure the second floor waiting and check-in areas at a Department of Veterans Affairs medical center located in Cincinnati, Ohio. The contractor will be required to complete general construction, alterations, plumbing, mechanical and electrical work, and utility system work. The project includes constructing a new radiology check-in area, renovating an existing radiology waiting area, constructing a new office, reading room and greeter station, and renovating an unfinished room into a shared breakroom. The work must be performed while keeping parts of the building occupied, with immediate work areas vacated. The solicitation is set aside for Service-Disabled Veteran-Owned Small Businesses. Bids are due on July 20, 2021. The contract will be awarded by the Department of Veterans Affairs.
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36C25021B0038
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.
of 36C25021B0038 X 06-0 -2021
TNB
539-21-1-6905-0010 539-21-210 Department of Veterans Affairs Network Contracting Office 10 (NCO 10) 2780 Airport Dr., Suite 340 Columbus OH 43219-1834 Department of Veterans Affairs Attn: Yvonne Demorest, CO Network Contracting Office 10 (NCO 10) 2780 Airport Dr., Suite 340 Columbus OH 43219-1834 Yvonne Demorest 614-257-5975 Invitation for Bid: (Const) Reconfigure 2nd Floor Waiting and Check-In - Cincinnati VAMC Project 539-21-210
Contractor shall provide all labor, material, equipment, and supervision necessary to complete this construction project per the Statement of Work and attached specifications and drawings. Award is subject to availability of funds. Offers shall have a 180-calendar day acceptance period.
Period of Performance: 300 calendar days from receipt of Notice to Proceed.
Pre-Bid/Site Visit will be conducted: Wednesday, June 16, 2021 @ 1:00 PM Meeting Place: Cincinnati VAMC, 3200 Vine St., Engineering Conference Room, Cincinnati, OH 45220
This project is 100% site-aside for Service-Disabled Veteran Owned Small Business (SDVOSB). All offerors must be registered, verified and visible in VETBIZ.gov and SAM (System for Award Management) at time of solicitation and award.
Award shall not be made to any unverified SDVOSB contractor.
Cost Estimate/Magnitude: $5,000,000 - $10,000,000. Per FAR Part 28.101-1 a Bid Bond is required.
NAICS Code: 236220 (Commercial & Institutional Building Construction). Business Size $39.5M
This solicitation is an Invitation for Bid (IFB) and will utilize sealed bidding IAW FAR Part 14. Offers/Bids shall be delivered by US Mail or by Commercial Delivery to the Contracting Officer, Yvonne Demorest at the address noted in Block 8 above. ELECTRONIC BIDS SHALL NOT BE ACCEPTED.
Bid Due Date: Tuesday, July 20, 2021 @
:00 PM.
Public Bid Opening Location:
National Contracting Office 10, Conference Room, 2780 Airport Dr., Suite 340, Columbus, OH
Failure to submit all requirements as stated in this solicitation may result in offer/bid being deem unresponsive.
x x 52.211-10 X Only 1 original
2:00 PM
EDT
07-20-2021 X
14. NAME AND ADDRESS OF OFFEROR
15. TELEPHONE NUMBER
16. REMITTANCE ADDRESS
CODE
FACILITY CODE
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.
AMOUNTS
18. The offeror agrees to furnish any required performance and payment 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 AND ATTACH THE BID SCHEDULE OF THIS SOLICITATION
BIDDER EMAIL ADDRESS: ____________________
BIDDER FEDERAL TAX ID NUMBER: ____________________
BIDDER'S DUNS NUMBER: ____________________
539-3610162-6905-854200-3223 23NRNR000
Department of Veterans Affairs Network Contracting Office 10 (NCO 10) 2780 Airport Dr., Suite 340 Columbus OH 43219-1834 36C250 Department of Veterans Affairs Financial Services Center Invoices to be Submitted Electronically www.ob10.com/us/en/veterans-affairs// e-Invoice Setup Info Phone 877-489-6135 877-353-9791 512-460-5429 Yvonne Demorest
V714LS-4519
Table of Contents
| PART I - THE SCHEDULE | 1 |
| SECTION A - SOLICITATION/CONTRACT FORM | 1 |
| A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair) | 1 |
| A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION, ALTERATION, OR REPAIR)– BACK | 2 |
| STATEMENT OF BID ITEM(S) | 5 |
| STATEMENT OF WORK | 6 |
| INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS | 8 |
| INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS | 15 |
| 2.1 52.216-1 TYPE OF CONTRACT (APR 1984) | 15 |
| 2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) | 15 |
| 2.3 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014) | 15 |
| 2.4 52.228-1 BID GUARANTEE (SEP 1996) | 16 |
| 2.5 52.233-2 SERVICE OF PROTEST (SEP 2006) | 17 |
| 2.6 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995) | 17 |
| 2.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 18 |
| 2.8 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018) | 18 |
| 2.9 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018) | 19 |
| REPRESENTATIONS AND CERTIFICATIONS | 20 |
| 3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020) (JUL 2020) (DEVIATION) | 20 |
| 3.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 23 |
| 3.3 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—CERTIFICATION (FEB 2021) | 24 |
| GENERAL CONDITIONS | 27 |
| 4.1 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016) | 27 |
| 4.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) | 28 |
| 4.3 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2020) ALTERNATE I (MAR 2020) | 28 |
| 4.4 52.219-14 LIMITATIONS ON SUBCONTRACTING (MAR 2020) | 29 |
| 4.5 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (NOV 2020) | 30 |
| 4.6 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED ITEMS (MAY 2008) ALTERNATE I (MAY 2008) | 33 |
| 4.7 52.223-20 AEROSOLS (JUN 2016) | 34 |
| 4.8 52.223-21 FOAMS (JUN 2016) | 34 |
| 4.9 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (FEB 2021) | 35 |
| 4.10 SUPPLEMENTAL INSURANCE REQUIREMENTS | 39 |
| 4.11 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 39 |
| 4.12 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018) | 42 |
| 4.13 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION) | 42 |
| 4.14 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018) | 44 |
| 4.15 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008) | 45 |
| 4.16 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) | 45 |
| 4.17 VAAR 852.232-70 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS– CPM) (NOV 2018) | 45 |
| 4.18 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 48 |
| 4.19 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019) | 49 |
| 4.20 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019) | 50 |
| 4.21 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019) | 50 |
| 4.22 VAAR 852.236-90 RESTRICTION ON SUBMISSION AND USE OF EQUAL PRODUCTS (APR 2019) | 50 |
| 4.23 VAAR 852.236-92 NOTICE TO BIDDERS—ADDITIVE OR DEDUCTIVE BID LINE ITEMS (APR 2019) | 51 |
| 4.24 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT ADMINISTRATION (OCT 2020) | 52 |
| 4.25 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT (SEP 2019) | 53 |
| 4.26 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) | 54 |
| 4.27 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 54 |
| LIST OF ATTACHMENTS | 55 |
STATEMENT OF BID ITEM(S)
BID ITEM I, BASE BID ALL WORK: Work included to complete the project Reconfiguration of the 2nd Floor Waiting & Check-In areas in Building B1, at the Department of Veterans Affairs Medical Center, 3200 Vine Street, Cincinnati, Ohio. Work includes general construction, alterations, plumbing, mechanical and electrical work, utility systems, and certain other items as described in the specifications and drawings. All work to be completed within 300 calendar days after receipt of the Notice to Proceed.
BID ITEM 1, BASE BID ALL WORK (LUMP SUM): ______________________________
It is the intent of the Government that award will be made on BID ITEM 1 (BASE BID); however, should the bids exceed the funds available, award may be made on BID ITEM 2, 3, 4 or 5 in that order if priority, based on available funding. Bidders shall bid on each item listed.
BID ITEM 2: All work in BID ITEM 1, BASE BID, except DELETE all labor and materials associated with the construction, alteration, plumbing, mechanical and electrical for the New Wall Tile Finish on 2nd Floor Corridor C*2*1 Elevator Wall. Replacement of LED surface mounted light fixture above New Check-In counters with 6” Recessed Can light fixtures. Replacement of New Greeter Station Wood Plank Ceiling with painted gypsum board ceiling. All work to be completed within 290 calendar days after receipt of the Notice to Proceed.
BID ITEM 2 (LUMP SUM): ______________________________
BID ITEM 3: All work in BID ITEM 2, except DELETE labor and materials associated with the construction, alteration, plumbing, mechanical and electrical for the New Window Partitions between Check-In counters. Construct metal stud partition (wall type S1.0) in lieu of windows at the same location and dimensions. Replacement of LED Linear lighting fixtures in all Waiting Areas with 2x2 lay-in light fixtures. All work to be completed within 280 calendar days after receipt of the Notice to Proceed.
BID ITEM 3 (LUMP SUM): ______________________________
BID ITEM 4: All work in BID ITEM 3, except DELETE labor and materials associated with the construction, alteration, plumbing, mechanical and electrical for the Removal of the existing masonry wall between Radiology Waiting Areas A202 & A2000. All work to be completed within 270 calendar days after receipt of the Notice to Proceed.
BID ITEM 4 (LUMP SUM): ______________________________
BID ITEM 5: All work in BID ITEM 4, except DELETE all labor and materials associated with the construction, alteration, plumbing, mechanical and electrical to Remodel the Floor and Wall Finishes in the 2nd Floor Corridor C*2*1. All work to be completed within 260 calendar days after receipt of the Notice to Proceed.
BID ITEM 5 (LUMP SUM): ______________________________
STATEMENT OF WORK
Project 539-21-210, Reconfigure 2nd Floor Waiting and Check-in
The Contractor shall complete the work included to complete the project Reconfiguration of the 2nd Floor Waiting and Check-In areas in Building B1, at the Department of Veterans Affairs Medical Center, 3200 Vine Street, Cincinnati, Ohio. Work includes general construction, alterations, plumbing, mechanical and electrical work, utility systems, and certain other items as described in the specifications and drawings.
Work includes constructing a new Radiology Check-in and renovating a portion of the existing Radiology Waiting area. A new office, reading room, and greeter station is to be constructed. An unfinished room is to be renovated into a shared breakroom. All corridor remodel finish work is to be done during off hours. The existing Nuclear Medicine area will be renovated for a shared Check-in area for Nuclear Medicine and Cardiology. Various rooms will be remodeled and repurposed as shown in the drawings. Building 1 will be occupied during performance of work; but the immediate areas of alterations will be vacated.
Contractor will completely prepare site for building operations. Contractor is responsible for securing the area of work with a wall built to the deck above. Do not store materials and equipment in other than assigned areas. Delivery of materials and equipment to immediate construction working areas within the building shall be in quantities sufficient for no more than two workdays. Provide unobstructed access to Medical Center areas required to remain in operation.
The Medical Center must maintain its operation 24 hours a day 7 days a week. Any interruption in service must be scheduled and coordinated with the COR to ensure that no lapses in operation occur. The contractor is responsible to develop a work plan and schedule detailing at a minimum the procedures to be employed, the equipment and materials to be used, the interim life safety measure to be used during the work, and a schedule defining the duration of the work with milestone subtasks. The contractor shall notify the COR 2 weeks in advance of the proposed date of starting work in each specific area of the site. The phasing dates shall be arranged to ensure the accomplishment of this work in successive phases mutually agreeable to the COR and the Contract as indicated on the phasing drawings.
Execute work to interfere as little as possible with normal functioning of the Medical Center as a whole. Use of equipment and tools that transmit vibrations and noises through the building structure, are not permitted in occupied spaces, during construction, jointly by patients or medical personnel, and Contractor’s personnel, except as permitted by COR.
All employees of general contractor and subcontractors shall comply with VA security management program and obtain permission of the VA police, be identified by project and employer, and restricted from unauthorized access. Before starting work the general contractor shall give one week’s notice to the Contracting Officer so that security arrangements can be provided for the employees.
Period of Performance: 300 calendar days after receipt of the Notice to Proceed.
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(REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK)
INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS
BIDDING MATERIALS: Bidding materials consisting of drawings, specifications, contract forms and any issued amendments will be posted at beta.SAM.gov | Home.beta.sam.gov. Enter 36C25021B0038 into the search box to access the bid materials. This is the only official location where these documents can be obtained and where official amendments and 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 bid schedule. (4) An original, completed and signed SF 24 Bid Bond. (5) Completed Representations and Certifications section (FAR 52.204-8, 52.209-5 (Deviation), and 52.209-7). (6) Any other documents referenced in the solicitation that are to be provided and not specifically mentioned here.
A public bid opening shall be conducted July 20, 2021 @ 2:00 PM (EDT) in the Conference Room at the National Contracting Office (NCO 10):
2780 Airport Dr., Suite 340 Columbus, OH 43219
ELECTRONIC BIDS SHALL NOT BE ACCEPTED.
Bids shall be delivered by US Mail or by Commercial Delivery to the attention of the Contracting Officer, Yvonne Demorest in Columbus, OH:
| Department of Veterans Affairs - NCO 10 |
| 2780 Airport Dr., Suite 340 |
| Columbus, OH 43219 |
Bids received in compliance with the above address and date of July 20, 2021 no later than 2:00 PM (EST) will be included in the bidding process. Bids delivered to any other location shall not be accepted. It is highly recommended offerors utilize a return receipt for verification of delivery.
CAUTION TO BIDDERS--BID ENVELOPES (JAN 2008)
It is the responsibility of each bidder to take all necessary precautions, including the use of proper mailing cover, to ensure that the bid price cannot be ascertained by anyone prior to bid opening. The bidder may use any suitable envelope, identified by the invitation number and bid opening time and date.
WAGE DETERMINATIONS: Department of Labor General Decision Number OH20210082 5/21/2021 is included as an attachment this solicitation and is applicable to any resultant contract. If necessary, subsequent revisions will be posted to the solicitation via amendment prior to bid opening. Revision may also be applicable prior to any contract award. Wage decisions are available at: https://wdolhome.sam.gov 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 yvonne.demorest@va.gov. The subject line of the email must read ‘RFI – 36C25021B0038’. 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 beta.SAM.gov as necessary in amendment format. Deadline for submission of RFIs for this solicitation is close of business July 1, 2021. 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.
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 beta.SAM.gov and enter all mandatory information into the system. Warning: This project is 100% set-aside for Service-Disabled Veteran Owned Small Business (SDVOSB). All offerors must be registered, verified and visible in VETBIZ.GOV & SAM (System for Award Management) at time of offer due date and 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 beta.SAM.gov for each person or business providing services under this contract. During the performance of this contract the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities.
VETS-4212 FEDERAL CONTRACTING REPORTING SYSTEM: 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. Report submission link: https://vets4212.dol.gov/vets4212. The rules and regulations can be found here: https://vets4212.dol.gov/vets4212. 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. Code, Section 4212, codified at 41 CFR Section 61-300. Submit this report as soon as possible, if not already submitted, to avoid delays in the contract award process. See FAR provision 52.222-38, Compliance with Veterans' Employment Reporting Requirements (SEP 2010) under the Representations, Certifications and Other Statements of Offerors, and FAR clause 52.222-37, Employment Reports on Veterans (Oct 2015) under the General Conditions.
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 solicitation provision 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.
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 is required (Special Agency Check (SAC)) which must be completed prior to being allowed access.
· If the project requires that workers have un-supervised, full-time, logical, and/or 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 $25.00 per employee and the current cost for a NACI check is $177.00 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 your person and your 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).
ADDITIONAL PRIME CONTRACTOR INFORMATION: Safety or Environmental Violations and Experience Modification Rating Information 1.) All Bidders/Offerors shall submit information pertaining to their past Safety and Environmental record. The information must contain a certification that the bidder/offeror has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or any EPA violation(s) in the past three years. If such certification cannot be made, a Bidder/Offeror shall explain why and submit as much information as possible regarding the circumstances of its past safety and environmental record, including the number of EPA violations and/or the number of serious, repeat, and/or willful OSHA violations, along with a detailed description of those violations.
2.) All Bidders/Offerors shall submit information regarding their current Experience Modification Rate (EMR). This information shall be obtained from the Bidder’s/Offeror’s insurance carrier and be furnished on the insurance carrier’s letterhead. If a Bidder/Offeror’s EMR is above 1.0, 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.
3.) 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 PR shall obtain their EMR rating from their state run worker’s compensation insurance rating bureau.
4.) If the NCCI cannot issue an EMR because the Bidder/Offeror lacks insurance history, 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 is has assigned Bidder/Offeror a Unity Rating of 1.0.
5.) The above information, along with other information obtained from Government systems, such as the OSHA and EPA online inspection history databases, will be used to make an initial Determination of Responsibility.
6.) This requirement 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 your 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.
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 there 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.
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 construction 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 $150,000 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.
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.”
Site Visit for Construction Solicitation 36C25021B0038 A site visit will be conducted for this requirement. It is recommended (but not required) that all interested and eligible offerors attend this site visit. As a site visit can be beneficial to potential offerors, offerors are encouraged to take advantage of this site visit opportunity.
Purpose: The overall purpose of this site visit is to give potential offerors a “first-hand” look of the construction site in which future construction services will be conducted.
Scope: This site visit is for viewing purposes only of any possible equipment, the site itself, and the environment in which future construction will be conducted. Photography must not include photos of VA staff or patients and will be strictly monitored during the site visit. Training will not be provided or conducted during the site visit. During the course/conduct of the site visit offeror questions will be addressed as much as possible, however, questions about this solicitation shall be submitted in writing in accordance with the Request for Information (RFI) instructions listed in the solicitation and shall be submitted within the time windows specified to the point of contact indicated.
The terms and conditions of this solicitation (to include Statement of Work requirements) shall remain the same despite an offeror’s inability or unwillingness to attend this site visit when scheduled. An alternate site visit date or an additional site visit opportunity shall not be provided to offerors who can’t or who don’t attend the single site visit that is planned for this requirement. Minutes, records, or proceedings to include “I couldn’t attend, what did I miss?” type of information shall also not be provided to any offeror once the site visit has been concluded.
Date: The site visit will be conducted on Wednesday, June 16, 2021 @ 1:00 PM.
Location: Cincinnati VAMC, 3200 Vine St., Building 2, Engineering Conference Room, Cincinnati, OH.
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS
2.1 52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.
(End of Provision)
2.2 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)
2.3 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. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.
(c) Evaluation of offers.
(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.
(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.
(d) Alternate offers.
(1) When an offer includes foreign solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.
(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.
(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—
(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or
(ii) May be accepted if revised during negotiations.
(End of Provision)
2.4 52.228-1 BID GUARANTEE (SEP 1996)
(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.
(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—
(1) To unsuccessful bidders as soon as practicable after the opening of bids; and
(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.
(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, whichever is less.
(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.
(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.
(End of Provision)
2.5 52.233-2 SERVICE OF PROTEST (SEP 2006)
Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:
Yvonne Demorest Hand-Carried Address:
Department of Veterans Affairs Network Contracting Office 10 (NCO 10) 2780 Airport Dr.
Suite 340 Columbus OH 43219-1834
Mailing Address:
Department of Veterans Affairs Network Contracting Office 10 (NCO 10) 2780 Airport Dr.
Suite 340 Columbus OH 43219-1834
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
(End of Provision)
2.6 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.
(b) An organized site visit has been scheduled for: Wednesday, June 16, 2021 @ 1:00 PM
(c) Participants will meet at: 3200 Vine St., Engineering Conference Room, Cincinnati, OH (End of Provision)
2.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/
(End of Provision)
| FAR Number |
| Title |
| Date |
| 52.204-7 |
| SYSTEM FOR AWARD MANAGEMENT |
| OCT 2018 |
| 52.204-16 |
| COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING |
| AUG 2020 |
| 52.204-22 |
| ALTERNATIVE LINE ITEM PROPOSAL |
| JAN 2017 |
| 52.211-6 |
| BRAND NAME OR EQUAL |
| AUG 1999 |
| 52.214-3 |
| AMENDMENTS TO INVITATIONS FOR BIDS |
| DEC 2016 |
| 52.214-4 |
| FALSE STATEMENTS IN BIDS |
| APR 1984 |
| 52.214-5 |
| SUBMISSION OF BIDS |
| DEC 2016 |
| 52.214-6 |
| EXPLANATION TO PROSPECTIVE BIDDERS |
| APR 1984 |
| 52.214-7 |
| LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS |
| NOV 1999 |
| 52.214-18 |
| PREPARATION OF BIDS—CONSTRUCTION |
| APR 1984 |
| 52.214-19 |
| CONTRACT AWARD—SEALED BIDDING—CONSTRUCTION |
| AUG 1996 |
| 52.214-34 |
| SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE |
| APR 1991 |
| 52.214-35 |
| SUBMISSION OF OFFERS IN U.S. CURRENCY |
| APR 1991 |
| 52.222-23 |
| NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION |
| FEB 1999 |
| 52.228-17 |
| INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) |
| FEB 2021 |
| 52.229-11 |
| TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND REPRESENTATION |
| JUN 2020 |
2.8 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)
(a) Any protest filed by an interested party shall—
(1) Include the name, address, fax number, email and telephone number of the protester;
(2) Identify the solicitation and/or contract number;
(3) Include an original signed by the protester or the protester’s representative and at least one copy;
(4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents;
(5) Specifically request a ruling of the individual upon whom the protest is served;
(6) State the form of relief requested; and
(7) Provide all information establishing the timeliness of the protest.
(b) Failure to comply with the above may result in dismissal of the protest without further consideration.
(c) Bidders/offerors and Contracting Officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.
(End of Provision)
2.9 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)
(a) As an alternative to filing a protest with the Contracting Officer, an interested party may file a protest by mail or electronically with: Executive Director, Office of Acquisition and Logistics, Risk Management and Compliance Service (003A2C), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420 or Email: EDProtests@va.gov.
(b) The protest will not be considered if the interested party has a protest on the same or similar issue(s) pending with the Contracting Officer.
(End of Provision)
REPRESENTATIONS AND CERTIFICATIONS
3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020) (JUL 2020) (DEVIATION) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.
(2) The small business size standard is $39.5 Million.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204–7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
[ ] (i) Paragraph (d) applies.
[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.204-26, Covered Telecommunications Equipment or Services—Representation. This provision applies to all solicitations.
(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.
(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(x) 52.214-14, Place of Performance—Sealed Bidding.
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