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36C25022B0029

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.

1 of

36C25022B0029 X

03-30-2022

539-22-2-6935-0009

539-21-113

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 2780 Airport Dr.

Suite 340 Columbus OH 43219-1834 Yvonne Demorest 614-257-5975 (Const) Replace Roof - Cincinnati VAMC Project #539-21-113 - 3200 Vine St., Cincinnati, OH 45220

The Contractor shall provide all tools, equipment, material, permits, labor, and supervision required to completely perform the required construction work in accordance with the attached project specifications and drawings. Interested parties are directed to review all solicitation attachments for complete Government requirements.

Period of Performance: 244 Calendar Days from receipt of Notice to Proceed (NTP)

Cost Estimate/Magnitude: $5,000,000.00 - $7,000,000.00

A Pre-Bid Site Visit will be conducted: Monday, April 11, 2022 @ 11:00 AM (Local Time) Meeting Place: Cincinnati VAMC, 3200 Vine St., Bldg. 3, Engineering Conference Room, Cincinnati, OH 45220

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). Award cannot be made to unregistered contractors.

NAICS Code: 236220 (Commercial & Institutional Building Construction). Business Size: $39.5M

This is an Invitation for Bid(s) (IFB) and will utilize sealed bidding IAW FAR Part 14 Sealed Bidding.

Offers/Bids shall be delivered by US Mail or by Commercial Delivery to:

Department of Veterans Affairs - NCO 10 Attention: Yvonne Demorest, Contracting Officer 2780 Airport Dr., Suite 340 Columbus, OH 43219

BIDS ARE DUE: Thursday, May 5, 2022 @ 2:00 PM (Local). ELECTRONIC BIDS SHALL NOT BE ACCEPTED.

A Virtual Bid Opening will be conducted in lieu of a public bid opening. Guidelines of how to attend the bid opening:

DIAL 1-872-701-0185, when prompted enter the phone conference ID: 416994094#

Failure to submit all requirements as stated in this solicitation may result in offer being deemed unresponsive.

52.211-10

No Copies

2:00 PM

EDT

05-05-2022

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 STATEMENT OF BIDS - PAGE 6

BIDDER EMAIL ADDRESS: _________________________

BIDDER FEDERAL TAX ID NUMBER: _________________________

BIDDERS DUNS NUMBER: _________________________

539-3620162-6935-854200-3220 23NR0KA23

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 V714L2-4519

Table of Contents

PART I - THE SCHEDULE1
SECTION A - SOLICITATION/CONTRACT FORM1
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)– BACK2
STATEMENT OF BID ITEM(S)6
STATEMENT OF WORK7
INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS8
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS18
2.1 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)18
2.2 52.216-1 TYPE OF CONTRACT (APR 1984)19
2.3 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014)19
2.4 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)19
2.5 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)20
2.6 52.228-1 BID GUARANTEE (SEP 1996)21
2.7 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021)22
2.8 52.233-2 SERVICE OF PROTEST (SEP 2006)22
2.9 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)23
2.10 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)23
2.11 VAAR 852.209-70 ORGANIZATIONALCONFLICTSOFINTEREST (OCT 2020)24
2.12 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)25
2.13 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)25
REPRESENTATIONS AND CERTIFICATIONS26
3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020) (JUL 2020) (DEVIATION)26
3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)29
3.3 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—CERTIFICATION (NOV 2021)32
GENERAL CONDITIONS35
4.1 52.203-14 DISPLAY OF HOTLINE POSTER(S) (NOV 2021)35
4.2 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)35
4.3 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)36
4.4 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (NOV 2021)37
4.5 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)39
4.6 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)40
4.7 52.219-14 LIMITATIONS ON SUBCONTRACTING (SEP 2021)40
4.8 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (SEP 2021)42
4.9 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)45
4.10 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010)45
4.11 52.223-20 AEROSOLS (JUN 2016)47
4.12 52.223-21 FOAMS (JUN 2016)48
4.13 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (NOV 2021)48
4.14 SUPPLEMENTAL INSURANCE REQUIREMENTS52
4.15 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997) ALTERNATE II (APR 1984)53
4.16 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)54
4.17 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE. (NOV 2020) (DEVIATION)57
4.18 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)60
4.19 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021) (DEVIATION)61
4.20 VAAR 852.223-71 SAFETY AND HEALTH (SEP 2019)62
4.21 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)63
4.22 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)64
4.23 VAAR 852.232-70 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS– CPM) (NOV 2018)64
4.24 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)67
4.25 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019)68
4.26 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019)69
4.27 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019)69
4.28 VAAR 852.236-92 NOTICE TO BIDDERS—ADDITIVE OR DEDUCTIVE BID LINE ITEMS (APR 2019)69
4.29 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT ADMINISTRATION (OCT 2020)70
4.30 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)71
4.31 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT (SEP 2019)72
4.32 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)73
4.33 MANDATORY WRITTEN DISCLOSURES73
4.34 LIST OF ATTACHMENTS73

STATEMENT OF BID ITEM(S)

A. BID ITEM I, GENERAL CONSTRUCTION: Work includes general construction, necessary removal of existing selective roofing, installation of new roofing, rehabilitation of existing roofing to remain, and certain other items. 1. All work associated with ITEM I, including closeout of documents shall be completed within 244 calendar days after receipt of Notice to Proceed.

TOTAL BID ITEM I FIRM FIXED PRICE – LUMP SUM

B. BID ITEM II, DEDUCT ALTERNATE #1: Work includes all scope items in Bid Item I, except omit work related to the application of the fluid applied restoration system (including associated flashing) on roof surface #2. 1. All work associated with ITEM II, including closeout of documents shall be completed within 237 calendar days after receipt of Notice to Proceed.

TOTAL BID ITEM II FIRM FIXED PRICE – LUMP SUM

C. ITEM III, DEDUCT ALTERNATE #2: Work includes all scope items in Bid Item II, except omit all work related to the application of the fluid applied restoration system (including flashing) and walkway pads on Cincinnati VA Medical Center, Project 539-21-113 Replace Roof Building 1 01-01-21 GENERAL REQUIREMENTS 01 00 00 -2 roof surface #1. Replacement and lightning protection scope shall remain in the project for this Bid Item. 1. All work associated with ITEM III, including closeout of documents shall be completed within 223 calendar days after receipt of Notice to Proceed.

TOTAL BID ITEM III FIRM FIXED PRICE – LUMP SUM

D. ITEM IV, DEDUCT ALTERNATE #3: Work includes all scope items in Bid Item III, except omit all work related to the application of the fluid applied restoration system (including flashing) and walkway pads on roof surfaces #3, #3A, and #3C. Replacement and lightning protection scope shall remain in the project for this Bid Item. 1. All work associated with ITEM IV, including closeout of documents shall be completed within 200 calendar days after receipt of Notice to Proceed.

TOTAL BID ITEM IV FIRM FIXED PRICE – LUMP SUM

STATEMENT OF WORK

Replace Roof Project No. 539-21-113 Date: March 1, 2022

The Contractor shall provide all tools, equipment, material, permits, labor, and supervision required to completely perform the required construction work for the Replace Roof project (539-21-113.) All work shall be completed in accordance with the project drawings and specifications.

The scope of work involves both repairs to and replacement of the existing roof of Building #1 at the Cincinnati VAMC. Along with roof repair/replacement, this work also involves upgrades to the existing lightning protection system. General construction, electrical and piping work are required. This project may also involve hazardous material abatement where necessary. Due to the location of affected areas, some of this work will have to be scheduled outside of normal facility business hours to address issues such as – for example – limiting construction noise directly above Operating Rooms during surgeries. A full list of requirements and further details are provided in the project drawings and specifications.

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.

Period of Performance: All phases of work completed within 244 calendar days after receipt of Notice to Proceed (NTP.)

(REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK)

Page 1 of Page 1 of

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. Enter 36C25022B0029 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 statement of bids schedule. (4) An original, completed and signed SF 24 Bid Bond. (5) Completed Representations and Certifications beginning on page 23. (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 will be conducted in lieu of a public bid opening. Failure to submit all requirements as stated in this solicitation may result in offer being deemed unresponsive.

Virtual bid opening will be conducted @ 2:00 PM (EDT) on Thursday, May 5, 2022.

To attend dial: 1-872-701-0185 and when prompted enter Phone Conference ID: 416994094#

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 May 5, 2022, no later than 2:00 PM (Local) 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 OH20220082 03/11/22 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://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 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 – 36C25022B0029’. 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 SAM.gov necessary in amendment format. Deadline for submission of RFIs for this solicitation is close of business April 26, 2022. 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. 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. 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 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 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 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 28.204.

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 - 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.

**NOTE

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

0. 1. Masks must be worn at all times while at a VA facility.

0.

0. 2. Annual influenza shot is required for all staff performing work on the Cincinnati, OH VA campus.

0.

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

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

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 Cincinnati VAMC patients and staff. Any further questions please refence the below document.

▪ Seasonal influenza with Vaccines (VHA Directive 1192.01)

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.

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.

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.

COMBATTING COVID-19

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:

0. 1. Daily visit at check-in station for COVID and temperature screening a. Sticker/device must be worn visibly

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

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

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

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. Any further questions please refence the below document.

▪ Seasonal influenza with Vaccines (VHA Directive 1192.01) VHA Supplemental Contract Requirements for Combatting COVID-19

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

a. Documentation requirements:

1) If fully vaccinated, contractors shall show proof of vaccination.

i. 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.

2) 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.

3) 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.

4) 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. Check regularly for updates.

a. 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, 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.

1. 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.

SITE VISIT FOR CONSTRUCTION SOLICITATION 36C25022B0029

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.

Site Access: Masks must be worn at all times while at a VA facility.

Point of Contact is Yvonne Demorest, Contracting Officer. The office phone number is (614) 257-5975.

It is recommended that attendees be punctual and arrive no later than 10 minutes prior to the start time to allow for unexpected delays or occurrences. The site visit is expected to start on time and when scheduled. Special accommodations will not be made for late attendees to include waiting for potential attendees to arrive at the rallying point.

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

Uniform: The site visit will be conducted in a facility interior and exterior setting. Formal, semi-formal, business attire is not recommended. While it is not anticipated that attendees will “get dirty” during their participation in the site visit, an appropriate attire should be chosen.

Personal Protective Equipment (PPE): Personal Protective Equipment (PPE) is required for this site visit. Site visit attendees are strongly encouraged to wear the following Personal Protective Equipment (PPE) while the site visit is in progress and/or while in site visit areas: Safety Steel Toe Shoes. Site visit attendees should also wear additional Personal Protective Equipment (PPE) if they feel the need to do so. Face Masks are required within the facility. However Personal Protective Equipment (PPE) shall not be provided by the Government to site visit attendees. The government will not be liable for injuries that occur to site visit attendees which occur as a result of a site visit attendee NOT wearing the recommended Personal Protective Equipment (PPE) (i.e. Safety Steel Toe Shoes) if such an injury/occurrence would have/could have been prevented if the recommended Personal Protective Equipment (PPE) (Safety Steel Toe Shoes) had been worn.

Additional Information / Site Visit Questions Only: For additional information or clarification regarding this site visit please contact Contracting Officer, Yvonne Demorest at office number (614) 257-5975, or by e-mail Yvonne.demorest@va.gov the Contracting Officer 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 been completed shall be submitted to the Contracting Officer in accordance with submittal instructions and due dates that have been provided in the solicitation.

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INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

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

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

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

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

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

(End of Provision)

2.2 52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of Provision)

2.3 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)

2.4 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

Goals for minority participation for each trade
Goals for female participation for each trade
11 %
6.9 %

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

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Cincinnati, (Hamilton County), OH

(End of Provision)

2.5 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…

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