36C25022B0022.pdf

1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION 3. DATE ISSUED PAGE OF PAGES

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

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

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014) STANDARD FORM 1442

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

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.

36C25022B0022 X

05-05-2022

538-22-2-6983-0002

538-20-204

Department of Veterans Affairs Network Contracting Office 10 3140 Governor’s Place Blvd. Suite 210 Kettering OH 45409-1337

Network Contracting Office 10 3140 Governor’s Place Blvd. Suite 210 Kettering OH 45409-1337

Myron Carson (937) 267-7678

Project 538-20-204 Repave Dobson, Taft, Roland, and Hines Roads at the Chillicothe VA Medical Center, Chillicothe, OH.

Scope of Work: Contractor shall completely prepare site for building operations, including demolition and removal of existing items, furnish labor, materials, and equipment necessary to perform all work for subject project as required by drawings and specifications. The work primarily consists of asphalt pavement repairs including partial and full depth repairs to the subgrade as well as mill and overlay. The work shall be phased to accommodate the Medical Centers on-going operations. Work includes temporary traffic control requirements and setting up detours for all phases of work

Base bid work to be completed within 120 calendar days after receipt of Notice to Proceed (NTP).

All work shall be coordinated with the VA Contracting Officer (CO) and Contracting Officer's Representative (COR).

This is a 100% Set-Aside for Service-Disabled Veteran-Owned Small-Business (SDVOSB). Bidders must be verified in the VIP database (http://www.vip.vetbiz.gov) at the time of bid submission to be considered for award. An Award will only be made to an eligible SDVOSB firm in the VIP database at the time of award.

The NAICS Code for this project is 237310. The Business Size Standard is $39.5 Million. See VAAR 852.219-10 for Contractor performance requirements for this NAICS Code. Project magnitude is between $500,000.00 and $1,000,000.00.

A site visit will be conducted on May 16, 2022. Bidders meet in Bldg. 21 at 10:00 A.M.(EST). See FAR 52.236-27 for details.

Cut-off date and time to submit electronic Request for Information (RFIs) is May 26, 2022, at 4:00 P.M. (EST).

Submit all RFIs to: myron.carson@va.gov. Telephonic RFIs will not be entertained/responded to.

Bids are to be submitted electronically via email, addressed to the Contracting Officer. Please email your bid to:

myron.carson@va.gov no later than June 9, 2022 @ 10:00 A.M. EST. Bid Bond seal and signatures MUST be legible.

On Page 2 of the SF1442 you shall insert your Cage Code Number and fill in your Bid Prices in the appropriate blocks.

NOTICE: The VA and/or a third party (support contractor) may require access to VA contractor records to assess contractor compliance with the limitations on subcontracting requirement included in VAAR 852.219-10. See Limitations on Subcontracting - Monitoring and Compliance (JUN2011) located in the General Conditions Section of this solicitation.

Limitations on Subcontracting Agreement must be signed and returned prior to award.

The solicitation includes specifications, drawings, wage determination, and other items by attachment (See list at end of this document). All attachments provided with the solicitation and any amendment(s) thereto are incorporated into the solicitation and any resulting contract.

10 120

X X FAR 52.211-10

X 10

1 10AM EST

07-01-2022

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

Cage Code:

Bid Item 1 (Base Bid): $

Bid Item 2 (Deduct Alternate 1): $

Bid Item 3 (Deduct Alternate 2): $

36C250

Network Contracting Office (NCO) 10

Department of Veterans Affairs 3140 Governor's Place Blvd. Suite 210 Kettering OH 45409-1337

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

Myron Carson

VA-VHA-RPOC-2022-47141

Table of Contents

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

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

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

ALTERATION, OR REPAIR)– BACK

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.216-1 TYPE OF CONTRACT (APR 1984)

2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE

OF THE WORK (MAY 2014)

2.3 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION

MATERIALS (MAY 2014)

2.4 52.228-1 BID GUARANTEE (SEP 1996)

2.5 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE)

(FEB 2021)

2.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

2.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

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

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

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

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

(JUL 2020) (DEVIATION)

3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

3.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

3.4 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—

CERTIFICATION (NOV 2021)

GENERAL CONDITIONS

4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

4.2 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (OCT 2018)

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

(APR 1984)

4.4 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2020)

4.5 52.219-14 LIMITATIONS ON SUBCONTRACTING (SEP 2021)

4.6 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(SEP 2021)

4.7 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL

LABOR RELATIONS ACT (DEC 2010)

4.8 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (NOV 2021)

4.9 SUPPLEMENTAL INSURANCE REQUIREMENTS

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

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

2020)

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

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

4.13 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

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

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021)

(DEVIATION)

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

2018)

4.16 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(APR 2019)

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

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

4.19 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT

(SEP 2019)

4.20 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN

2008)

STATEMENT OF BID ITEM(S)

A. BID ITEM I, GENERAL CONSTRUCTION: Repaving of Roland and Hines: Work includes general repaving and repair of roadways in accordance with the design documents. Work to be completed within 120 calendar days after receipt of Notice to Proceed.

Total Bid Item I Firm Fixed Price – Lump Sum________________________________

B. BID ITEM II, DEDUCT ALTERNATE #1: Same as bid item 1 (base bid) except for the following: Partial removal of work on Hines. See drawing sheet GI002 for the area that encompasses the deduct. Work to be completed within 120 calendar days after receipt of Notice to Proceed.

Total Bid Item II Firm Fixed Price – Lump Sum________________________________

C. ITEM III, DEDUCT ALTERNATE #2: BID ITEM 3 DEDUCT ALTERNATE NO. 2: Same as bid item 2 except for the following: Partial removal of work on Hines. See drawing sheet GI002 for the area that encompasses the deduct. Work to be completed within 120 calendar days after receipt of Notice to Proceed.

Total Bid Item III Firm Fixed Price – Lump Sum_______________________________

STATEMENT OF WORK

THIS PROJECT IS SET ASIDE FOR SERVICE-DISABLED VETERAN-OWNED

SMALL BUSINESSES (SDVOSB) ONLY

The Department of Veterans Affairs (VA), Network Contracting Office (NCO) 10 has a requirement to Repave Dobson Circle, Taft, Roland, and Hines Roads (Project 538-20-204) at the Chillicothe VA Medical Center, 17273 ST. Rt. 104, Chillicothe, OH 45601-9718.

SYNOPSIS: Contractor shall completely prepare site for building operations, including demolition and removal of existing items, furnish labor, materials, and equipment necessary to perform all work for project 538-20-204 - Repave Dobson, Taft, Roland, and Hines at VAMC Chillicothe, Ohio. The work primarily consists of asphalt pavement repairs including partial and full depth repairs to the subgrade as well as mill and overlay.

The work shall be phased to accommodate the VA Medical Center’s on-going operations.

Work includes temporary traffic control requirements and setting up detours for all phases of work.

The above construction Statement of Work (SOW) constitutes a basic outline of work and in no way outlines all details for the construction of this project. It is recommended that a detailed inspection of the premises, drawings and specifications be initiated to determine the needs and conditions for the construction of this project.

All work shall be closely coordinated with VA Contracting Officer (CO) and Contracting Officer’s Representative (COR).

Period of Performance: All work shall be completed within 120 calendar days from issuance of the Notice to Proceed (NTP).

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 sam.gov. Enter the solicitation number (36C25022B0022) 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 complete, 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 statement of bids schedule. (4) An original, completed, and signed SF 24 Bid Bond. (5) Completed Representations and Certifications. (6) Experience Modification Rate (EMR). (7) Any other documents referenced in the solicitation that are to be provided and not specifically mentioned here.

A Virtual Bid Opening shall be conducted in lieu of a public bid opening.

Guidelines on how to attend the bid opening shall be posted in a forthcoming amendment to this solicitation. Failure to submit all requirements as stated in this solicitation may result in offer being deemed unresponsive.

Virtual bid opening shall be conducted Thursday, June 9, 2022 @ 10:00 AM (EST).

ELECTRONIC BIDS ONLY SHALL BE ACCEPTED.

Bids shall be submitted via email to the attention of the Contracting Officer, Myron Carson referencing the Project Number, Title, and Solicitation Number, and shall be sent to:

Myron.Carson@va.gov Ref: Project 538-20-204 Repave Dobson Circle, Taft, Roland, and Hines Roads Sol#: 36C25022B0022

Bids received in compliance with the above email address no later than the date and time indicated for the virtual bid opening shall be included in the bidding process. Late bids or bids delivered to any other location shall not be accepted. It is highly recommended offerors utilize a return receipt for verification of delivery.

WAGE DETERMINATIONS: Department of Labor General Decision Number OH20220001 04/08/22 is included as an attachment this solicitation and is applicable to any resultant contract. If necessary, subsequent revisions will be posted to the mailto:Myron.Carson@va.gov solicitation via amendment prior to bid opening. Revision may also be applicable prior to any contract award. Wage decisions are available at: https://sam.gov/wage-determination

REQUESTS FOR INFORMATION (RFI): To obtain clarifications and/or additional information concerning the contract requirements, specifications and/or drawings, submit a written RFI via email to myron.carson@va.gov. The subject line of the email must read ‘RFI – Project 538-20-204’. RFIs must be specific identifying section, paragraph, and page number of the specifications, or cite the drawing number and must be in question format. All RFIs submitted shall include the project number, solicitation number and title, contractor name, city, state, telephone, email address, date submitted, and the RFI question(s). RFI responses will be posted to SAM.gov in amendment format.

Deadline for submission of RFIs for this solicitation is 4:00 P.M. (EST) May 26, 2022. RFI emails will not 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. SAM.gov.

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 SAM.gov and enter all mandatory information into the system.

NOTICE: 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 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:

www.dol.gov/agencies/vets/programs/vets4212. The rules and regulations can be found here: https://www.dol.gov/agencies/vets/programs/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 https://sam.gov/content/home https://sam.gov/content/home https://sam.gov/content/home https://sam.gov/content/home https://vets4212.dol.gov/vets4212 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 (JUN 2020) under the Representations, Certifications and Other Statements of Offerors, and FAR clause 52.222-37, Employment Reports on Veterans (JUN 2020) 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 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 must 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 28.204.

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 and shall be submitted via email to the attention of the Contracting Officer, Myron Carson referencing the Project Number, Title, and Solicitation Number, and shall be sent to: Myron.Carson@va.gov.

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.

mailto:Myron.Carson@va.gov

• 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 considered 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 (COR).

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.

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.

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.

2. 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.

3. 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.”

COMBATTING COVID-19:

1. The Construction Contractors representatives performing construction activities on VA campus must validate the following additional requirements are in place before starting construction activities on campus:

2. Daily visit at check-in station for COVID and temperature screening.

3. Annual influenza shot is required for all staff performing work on campus.

4. Contractor badge must be obtained and worn by contractor or representative at all times while on campus.

5. The contractor will validate in writing via signed memo to the Contracting Officer Representative (COR) that the above items are being done as part of the bid package. No Personally Identifiable Information (PII) will be collected.

6. The temperature checks are performed on the VA campus and must be performed immediately when the contractor arrives on site. Temperature checks are currently performed at front entrance. If at any time an employee of the Construction Contractor is found in deficiency of the listed, a stop work order will be issued for safety of VAMC patients and staff.

VHA SUPPLEMENTAL CONTRACT REQUIREMENTS FOR

COMBATTING COVID-19

1. Contractor employees who work in or travel to VHA locations must comply with the following:

• If fully vaccinated, contractors shall show proof of vaccination. Note:

Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

• If unvaccinated, contractors shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test that includes an affiliated telehealth service.

• Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

• Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols.

As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool | Veterans Affairs (va.gov).

Check regularly for updates.

• Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID- 19 Screening Tool | Veterans Affairs (va.gov), in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

4. For indefinite delivery contracts: Contractor agrees to comply with VHA Supplemental Contract Requirements for any task or delivery orders issued prior to this modification when performance has already commenced.

https://www.va.gov/covid19screen/

SITE VISIT FOR CONSTRUCTION SOLICITATION

36C25022B0022:

A one-time 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: The site visit is for viewing purposes only of any possible equipment, the site itself, and the environment in which future construction will be conducted.

Any photographs taken 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. Questions about project requirements and/or 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.

Arrival: It is recommended that attendees be punctual and arrive no later than 10 minutes prior to the start time of the site visit to allow for unexpected delays or occurrences. The site visit is expected to start on time on the scheduled date.

Special accommodations will not be made for late attendees to include waiting for potential attendees to arrive.

Parking: Parking for site visit attendees is not guaranteed and may or may not be available depending on mission requirements (patient volume) and/or site availability.

Attire: The site visit may be conducted in a facility interior and exterior setting.

Appropriate attire should be worn.

NOTICE: 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 the scheduled site visit for this project. An alternate date or an additional site visit opportunity shall not be provided to offerors who do not attend the scheduled site visit. Minutes, records, or proceedings information shall not be provided to any offeror once the site visit has concluded.

PERSONAL PROTECTIVE EQUIPMENT (PPE):

Site visit attendees are strongly encouraged to wear Personal Protective Equipment (PPE) while in the site visit area(s). Steel Toed Safety Boots/Shoes, Protective Eyewear, and Leather Gloves are highly encouraged. Site visit attendees should also wear additional PPE if they feel the need to do so. Face Masks may be required within the facility. PPE is not provided by the Government to site visit attendees. The government shall not be liable for injuries sustained by any site visit attendee NOT wearing the recommended PPE if such injury could have been prevented had the recommended PPE been worn.

ADDITIONAL INFORMATION / SITE VISIT QUESTIONS ONLY:

For additional information or clarification regarding this site visit please contact Contracting Officer Representative (COR), Trent Vartorella by e-mail at trent.vartorella@va.gov. The COR is the point of contact for this site visit and shall be contacted for site visit questions only. Questions about the solicitation or questions that arise during or after the site visit has concluded shall be submitted to the Contracting Officer in accordance with submittal instructions and due dates that have been provided in the solicitation.

mailto:trent.vartorella@va.gov

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)

FAR

Number

Title Date

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION

TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR

CONSTRUCTION

FEB 1999

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 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID

GUARANTEE) (FEB 2021)

(a) Offerors shall obtain from each person acting as an individual surety on a bid guarantee—

(1) A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203–1; and

(2) Standard Form 28, Affidavit of Individual Surety.

(b) The Offeror shall include with its offer the information required at paragraph (a) of this provision within the timeframe specified in the provision at FAR 52.228–1, Bid Guarantee, or as otherwise established by the Contracting Officer.

(c) The Contracting Officer may release the security interest on the individual surety’s assets in support of a bid guarantee based upon evidence that the offer supported by the individual surety will not result in contract award.

(End of Provision)

2.6 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:

Myron Carson

Contracting Officer Hand-Carried Address:

VHA Regional Procurement Office Central

Network Contracting Office (NCO) 10 3140 Governor's Place Blvd. - Suite 210 Kettering OH 45409-1337 Mailing Address:

Department of Veterans Affairs

VHA Regional Procurement Office Central Network Contracting Office (NCO) 10 3140 Governor's Place Blvd., Suite 210 Kettering OH 45409-1337

(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)

FAR

Number

Title Date

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

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

52.214-3 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

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

AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC

2009) Prime contractors are encouraged to assist service-disabled veteran-owned and veteran-owned small business potential subcontractors in obtaining bonding, when required. Mentor firms are encouraged to assist protégé firms under VA's Mentor-Protégé Program in obtaining acceptable bid, payment, and performance bonds, when required, as a prime contractor under a solicitation or contract and in obtaining any required bonds under subcontracts.

(End of Clause)

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.

PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:

Deputy Assistant Secretary for Acquisition and Logistics, Risk Management Team, Department of Veterans Affairs 810 Vermont Avenue, N.W.

Washington, DC 20420 Or for solicitations issued by the Office of Construction and Facilities Management:

Director, Office of Construction and Facilities Management 811 Vermont Avenue, N.W.

Washington, DC 20420

FAR

Number

Title Date

852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION

OCT 2018

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 237310.

(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…