36C25023B0046_1.docx

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.

36C25023B0046 X 05-08-2023 539-23-2-6905-0036 539-23-201 36C250 Network Contracting Office (NCO) 10 Department of Veterans Affairs 3140 Governor’s Place Blvd. Suite 210 Kettering OH 45409-1337 Brian Rosciszewski Contract Specialist Email only: Brian.Rosciszewski@VA.gov

Brian Rosciszewski

(937) 268-6511 x 4421 Project # 539-23-201, Repair and Restripe Parking Lot at Ft. Thomas, KY (Ft. Thomas Division Cincinnati VAMC).

Place of performance: 1000 S. Ft Thomas Ave, Ft. Thomas, KY, 41075.

The chosen contractor shall provide complete construction services including labor, materials, equipment, and supervision required to complete the project. This project will consist of repairing, resurfacing, and re-striping the existing Fort Thomas, Kentucky parking lot and adjacent sidewalk areas while adhering to the appropriate design guide requirements.

An organized pre-bid site visit is scheduled. Please see FAR provision 52.236-7 for additional details.

Per FAR 36.204, the magnitude of construction for this project is estimated to be between $500,000 and $1,000,000.

The NAICS Code is 236220 with a size standard of $45 million.

Bids will be accepted, via Email only, if received before the date/time located in block 13a below.

Send bids to the Email specified in block 8 above. Hand delivered and mailed bids will not be accepted.

The bid opening will be conducted via conference call. See "Important Bidder Information" of this solicitation.

This solicitation is 100% set aside for a Service-Disabled Veteran Owned Small Business. Only bids from VA-certified SDVOSBs in the Department of Veterans Affairs, Office of Small Disadvantaged Business Veterans Certification website (https://veterans.certify.sba.gov/) at time of bid submission and prior to award will be eligible for award.

NOTICE: The VA and/or a third party (support contractor) will require access to the VA contractor records to assess contractor compliance with the limitations on subcontracting requirement included in VAAR 852.219-75(a)(1)(ii) "Limitations on Subcontracting..."(Jan 2023)(Deviation) located in the General Conditions section of this solicitation.

X X 52.211-10 X 9:00am

EDT

06-13-2023 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

Bid Amount:

Tax ID:

UEI No.:

Email Address:

539-3630162-6905-854200-3223 23NRNR000

36C250 Network Contracting Office (NCO) 10 Department of Veterans Affairs 3140 Governors Place Blvd. Suite 210 Kettering OH 45409-1337 Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 Luke Turner All.

Table of Contents

DEDUCTS

It is the intent of the VA to award a contract to complete the full scope of work as defined by the project drawings and specifications. However, if available funding is insufficient to match the construction bids received for the full project scope of work, the following items have been identified as deduct alternates as noted on the project drawings and specifications:

Deduct #1: Elimination of work related to select areas of sidewalk removal and replacement.

Deduct #2: Elimination of work related to the removal and replacement of accessible concrete curb ramps.

Page 1 of Page 1 of

STATEMENT OF WORK

Fort Thomas Division - Cincinnati VAMC 1000 S. Ft Thomas Ave Ft Thomas, KY 41075 Updated: 3/24/2023

1. Contract Title 539-23-201 “Resurface and Stripe Parking Lot at Fort Thomas, KY”

2. Background The chosen contractor shall provide complete construction services including labor, materials, equipment, and supervision required to complete Project# 539-23-201 “Resurface and Stripe Parking Lot at Fort Thomas KY” for the Cincinnati VAMC. This project will consist of repairing, resurfacing, and re-striping the existing Fort Thomas site parking lot and adjacent sidewalk areas while adhering to the appropriate design guide requirements. Fulfillment of this project will further enhance a professional appearance, curb appeal, visibility of parking lines and improve the maneuverability and safety for the veteran patients and employees at the Cincinnati VAMC Fort Thomas KY facility.

3. Scope The “Resurface and Stripe Parking Lot at Fort Thomas” project will include, but is not limited to, various repairs, milling, removal/replacement and crack filling of the existing parking lot, adjacent curbs & sidewalk areas at the Fort Thomas location of the Cincinnati VAMC. This work is divided into the following four (4) phases:

· Phase 1 – Site Repairs

· Phase 2 – Entrance Resurfacing

· Phase 3 – North Parking Resurfacing

· Phase 4 – South Parking Resurfacing:

This construction project requires general contracting, demolition of existing conditions and safety and security for successful completion.

4. Specific Tasks A general summary of tasks involved with this project are listed below by phase as currently documented in the project drawings & specifications. The intent of this phasing is to minimize impact on patients and employees throughout the course of this project. For a full and complete understanding of all required work to be completed under this project, carefully read through all aspects of the project drawings and specifications.

Note 1: Contractor to field verify measurements and quantities of all items needed to complete this project. Utilize drawing plans as guides for planning and striping parking lot once repairs & resurfacing have been completed.

Note 2: Any requirements listed in the project documentation that are unclear to the contractor or requires further clarification are to be documented and submitted via Request For Information (RFI) to be formally answered by the project’s CO/COR prior to starting any work.

· Phase 1 – Site Repairs:

This phase will include small site repairs including curb ramp reconstruction, concrete sidewalk milling, concrete sidewalk removal & replacement, concrete pavement removal & replacement, and concrete sidewalk milling/crack filling. Work shall be performed in such a manner to minimize disruption to the VA patients and employees. Patient and employee access to the building shall be maintained at all times.

Contractor to provide detour signage around road or sidewalk closures.

This phase may not be construction concurrently with any other phase.

· Phase 2 – Entrance Resurfacing:

This phase will include the resurfacing and repairs to the main entrance drop off and access roadways. Work shall be performed in such a manner to minimize disruption to the VA patients and employees. Patient and employee access to the building shall be maintained at all times.

Contractor to provide detour signage around road closures.

This phase may not be constructed concurrently with Phases 3 or 4.

· Phase 3 – North Parking Resurfacing:

This phase will include the resurfacing and repairs of the northern portion of the onsite parking lot. Work shall be performed in such a manner to minimize disruption to the VA patients and employees. Patient and employee access to the building shall be maintained at all times.

Contractor to provide detour signage around road closures.

This phase may not be constructed concurrently with Phases 2 or 4.

· Phase 4 – South Parking Resurfacing:

This phase will include the resurfacing and repairs of the southern portion of the onsite parking lot. Work shall be performed in such a manner to minimize disruption to the VA patients and employees. Patient and employee access to the building shall be maintained at all times.

Contractor to provide detour signage around road closures and provide a dedicated pedestrian detour.

This phase may not be constructed concurrently with Phases 2 or 3.

5. Performance Monitoring Construction contract supervision will be conducted by the Project Section of Engineering Service at the Cincinnati VA Medical Center.

Inspection will be made throughout the project and delivery and installation.

6. Security Requirements: None.

7. Government-Furnished Equipment (GFE)/Government-Furnished Information (GFI) None.

8. Other Pertinent Information or Special Considerations

a. Identification of Possible Follow-on Work. None.

b. Identification of Potential Conflicts of Interest (COI). None.

c. Identification of Non-Disclosure Requirements. None.

d. Packaging, Packing and Shipping Instructions. None

e. Inspection and Acceptance Criteria. Project COR to conduct the final acceptance of satisfactory installation.

9. Risk Control An infection control risk assessment will be completed for this project by the facility and should be followed during periods of construction.

The selected contractor may also be subject to COVID-19 regulations outlined within VHA Directive 1193 which provides guidance towards vaccination requirements, exemptions, documentation, masking, and testing requirements. Further confirmation will be provided by the Contracting Officer.

10. Place of Performance This project will be at the Fort Thomas Division of the Cincinnati VAMC, specifically within the existing on-site parking lot located at 1000 S. Ft Thomas Ave, Ft Thomas, KY 41075.

11. Period of Performance. Total period of performance: ninety (90) calendar days from the effective date of the notice to proceed (NTP).

12. Delivery Schedule - TBD

13. Technical/Administrative Requirements Contracted work shall be conducted in accordance with the below VA Specifications.

1. Support features can be found within U.S. Department of Veterans Affairs Office of Construction & Facilities Management Technical Information Library.

a. This resource provides information regarding construction specifications, construction procedures, design manuals, design guides, room finishes, and door/hardware schedules which should be followed throughout the administration of this contract.

The above SOW constitutes a basic outline of work required for this project but does not include all details required for the design, construction, and completion of this project. A pre-construction walkthrough and inspection of current conditions is recommended to determine all needs and requirements prior to starting the project.

14. Record Management

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. Cincinnati VA Medical Center (CVAMC) and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of CVAMC or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to CVAMC. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the Statement of Work. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to CVAMC control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the Statement of Work. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and CVAMC guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with CVAMC policy.

8. The Contractor shall not create or maintain any records containing any non-public CVAMC information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The CVAMC owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which CVAMC shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor. TMS Course 10203, VA Privacy & Information Security Awareness will be used to satisfy this requirement.]

12. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this Statement of Work and require written subcontractor acknowledgment of same.

13. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

IMPORTANT BIDDER INFORMATION

BIDDING MATERIALS. Bidding materials consisting of drawings, specifications, contract forms, and any issued Amendments will be posted at www.sam.gov. Enter 36C25023B0046 into the search box to access the bid materials. This is the only official location where these documents can be obtained and where updates are posted. No ‘hard copy’ bidding materials are available.

BID SUBMISSION. This solicitation is an Invitation for Bids (IFB) and will utilize sealed bidding procedures described in FAR Part 14. A public bid opening, via conference call, will be conducted by the Contract Specialist, Brian Rosciszewski, at the date and time outlined in Box 13 of the SF 1142.

Offerors may use the commercial conference line. First, dial the number, then enter the conference ID followed by ‘#’ (i.e. pound sign, hashtag).

· Phone Number: (205) 235-3524

· Conference ID: 968238236 # The following documents are to be included in the bid submission: (1) An original, fully completed, and signed SF 1442 Offer page (‘wet ink signature’), (2) Acknowledgment of any amendments issued either via completing block 19 of the SF1442 or completing blocks 15a, b, and c of the Amendment and attaching to the SF 1442 Offer page; (3) An original fully completed bid schedule; (4) An original completed and signed SF 24 Bid Bond; (5) Completed Representations and Certifications section (FAR 52.204-8, 52.209-5 (Deviation), and 52.209-7); (6) Fully completed Contractor EMR Certification page; and (7) Fully completed VAAR 852.219-75.

Bidders are cautioned that failure to submit any of the documents identified in items (1) through (6) in the paragraph above by the date and time specified for receipt of offers may render the bid non-responsive and ineligible for award. Failure to submit the fully completed and signed certification at VAAR clause 852.219-75 (see General Conditions) with the offer will render the bid non-responsive and ineligible for award.

PROJECT INFORMATION

· TITLE AND NUMBER: Resurface and Strip Parking Lot at Fort Thomas. Project # 539-23-201

· PERFORMANCE LOCATION: Cincinnati VAMC – Ft. Thomas Division, 1000 S. Ft. Thomas Ave, Ft. Thomas KY 41075

· MAGNITUDE OF CONSTRUCTION: FAR 36.204(e): Between $500,000 and $1,000,000.

· CONSTRUCTION TYPE: Commercial and Institutional Building Construction

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

· SMALL BUSINESS SIZE STANDARD: $45M

· PERIOD OF PERFORMANCE: Ninety calendar days from receipt of notice to proceed (NTP).

· WAGE DETERMINATION. The Department of Labor General Decision is included as an attachment to 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 applied prior to any contract award.

· Decision: KY20230088 - 02/24/2023.

The Davis-Bacon Act wage determination (WD) for this project may be found at https://sam.gov/content/home.

· AFFIRMATIVE ACTION GOALS AND GEOGRAPHICAL AREA: As required by the Department of Labor Contract Compliance Program, available at: https://www.dol.gov/sites/dolgov/files/ofccp/ParticipationGoals.pdf, the participation goals for the performance area are:

· The geographical area of this solicitation: “1640 Cincinnati, OH, KY, IN”

· Women participation for each trade: 6.9%

· Minority participation for each trade 11% REQUESTS FOR INFORMATION (RFI). To obtain clarifications and/or additional information concerning the contract requirements, specifications, and/or drawings, submit a query utilizing the RFI Form attached to this solicitation, send via email to Brian.Rosciszewski@VA.gov. The subject line of the email must read “RFI – 36C25023B0046.” RFIs must be specific identifying the section, paragraph, and page number of the specifications or cite the drawing number. RFIs must be stated as a question. 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 www.sam.gov as an amendment to the solicitation, as necessary. The deadline for RFI submissions is 8:00am (EDT) on May 30, 2023. Late RFIs will not be answered unless the contracting officer determines a response is in the Governments interest. Telephone requests for information will not be accepted or returned.

TYPE OF SET-ASIDE

This solicitation is 100% set aside for a Service-Disabled Veteran-Owned Small Business (SDVOSB)

DATABASE REGISTRATION INFORMATION

SYSTEM FOR AWARD MANAGEMENT REGISTRATION The System for Award Management (SAM) is the Official U.S. Government system that consolidated the capabilities of the Central Contractor Registration (CCR including FedReg), Online Representations and Certifications Application (ORCA), and the Excluded Parties List System (EPLS). Federal Acquisition Registrations require that federal contractors register in SAM at www.sam.gov and enter all mandatory information into the system. Warning: Award cannot be made to unregistered contractors. If not registered, bidders are advised to do so immediately. If registration is not active within 14 calendar days after the date bids are opened the bid may be considered non-responsive and thereafter rejected.

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

VETS-4212 REPORTING REQUIREMENT Contractors are required to submit a required annual Form VETS-4212, Federal Contractor Veterans' Employment Report in all cases where the contractor or subcontractor has received an award of $150,000 or more in any fiscal year. Contracting Officers are prohibited from awarding a contract to a contractor that has not submitted a required VETS-4212 Report with respect to the preceding fiscal year if the contractor was subject to the reporting requirement of 38 U.S.C. 4212(d). Submit this report as soon as possible, if not already submitted, to avoid delays in the contract award process. For more information on this requirement and/or for completing the web-based reporting form, check the following website https://www.dol.gov/agencies/vets/programs/vets4212. See FAR provision 52.222-38 (JUN 2020), Compliance with Veterans' Employment Reporting Requirements (FEB 2016) under the Representations, Certifications and Other Statements of Offerors, and FAR clause 52.222-37, Employment Reports on Veterans (JUN 2020) under the General Conditions.

BONDING INFORMATION

BID GUARANTEE A bid guarantee is required in an amount not less than 20-percent of the bid price but shall not exceed $3,000,000. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for opening of bids, shall require rejection of the bid in all cases except those listed in Federal Acquisition Regulation (FAR) 28.101-4. Bid Bonds must be provided using Standard Form 24 (see FAR 28.106-1) and the form must be provided in original (no whiteouts, faxed or copied signatures, seals) with ‘wet ink’ signatures and contain the proper solicitation number, bid opening date, and be from a corporate surety listed in Department of Treasury Circular 570. Individual sureties have to be acceptable to the Contracting Officer (see FAR 28.203) and be accompanied by Standard Form 28 Affidavit of Individual Surety. Other forms of bid security are acceptable as denoted in FAR Part 28.203-2.

PERFORMANCE AND PAYMENT BONDS In accordance with Contract Clause 52.228-15, and FAR 28.102, Contractors are reminded that any amount awarded over $30,000.00 shall require a Payment Bond (SF 25A), and awards exceeding $150,000.00 shall require both Payment and Performance Bonds (SF 25). Payment and Performance bonds are due no later than 10 days after notification of award. Bonds must be provided with original ‘wet ink’ signatures - no whiteouts or other corrections are allowable. Copies and facsimiles of bonds shall not be accepted.

SECURITY

BACKGROUND INVESTIGATIONS All contractor employees are subject to the same level of investigation as VA employees who have access to VA Sensitive Information. The level of background investigation is commensurate with the level of access needed to perform the statement of work. This requirement is also applicable to all subcontractor personnel requiring the same level of access.

Levels and associated types of Background Investigations:

· If the project requires that workers have only limited physical access to the VA facility for a period of one year or less, a local flash badge with fingerprint check is issued.

· If the project requires that workers require un-supervised, logical, and/or physical access for 180 consecutive or aggregate days in a 365-day period, over a 3-year period, a background investigation may be required (Special Agency Check (SAC)) which must be completed prior to being allowed access.

· If the project requires that workers have access to a VA Network (such as the Building Management System) or un-supervised, full-time, logical, and/or restricted physical access for more than 6 months or more than 180 aggregate days in a one-year period, a background investigation is required (Special Agency Check and National Agency Check with Written Inquiries (NACI)) and access is not allowed until a favorable SAC completion.

All costs for SAC and NACI checks are borne by the contractor. The VA may at its discretion make deductions against the contract to recoup the investigation costs. The current cost for a SAC is $25.00 per employee and the current cost for a NACI check is $182.00 per employee (subject to change at any time).

MEDICAL CENTER ACCESS Anyone participating in the site visit, or for any other reason that involves visiting the medical center related to this solicitation, must have a valid ID on their person, and their vehicle must be properly registered and insured. Visitors are prohibited from possessing weapons while on a federal installation (See 18 USC 930 – Possession of Firearms and Dangerous Weapons in Federal Facilities). Handheld cellphone use or texting while driving is also prohibited. All VA Medical Centers and associated properties are Federal Property.

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

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

OTHER IMPORTANT BIDDER INFORMATION

ADDITIONAL PRIME CONTRACTOR INFORMATION- SAFETY OR ENVIRONMENTAL VIOLATIONS AND EXPERIENCE MODIFICATION RATING INFORMATION All Bidders/Offerors shall submit information pertaining to their past Safety and Environmental records using the attached “Pre-Award Contractor Safety and Environmental Record Evaluation Form”. The information must contain a certification that the bidder/offeror has no more than three (3) serious, one (1) repeat, or one (1) willful OSHA or any EPA violation(s) in the past three years. If such certification cannot be made, a Bidder/Offeror shall explain why and submit as much information as possible regarding the circumstances of its past safety and environmental record, including the number of EPA violations and/or the number of serious, repeat, and/or willful OSHA violations, along with a detailed description of those violations.

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

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

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

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

This requirement is applicable to all subcontracting tiers, and prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors.

CONFORMANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS The Contractor shall perform work under this contract consistent with the relevant policy and objectives identified in the agency, organizational, or facility Green Environmental Management System (GEMS) applicable for the contract. The Contractor shall perform work in a manner that conforms to all appropriate Environmental Management Programs and Operational Controls identified by the agency, organizational, or facility GEMS, and provide monitoring and measurement information as necessary for the organization to address environmental performance relative to the environmental, energy, and transportation management goals. In the event an environmental nonconformance or noncompliance associated with the contracted services is identified, the contractor shall take corrective and/or preventative actions. In the case of non-compliance, the Contractor shall respond and take corrective action immediately. In the case of a nonconformance, the Contractor shall respond and take corrective action based on the time schedule established by the facility GEMS Coordinator. In addition, the Contractor shall ensure that their employees are aware of the roles and responsibilities identified by the environmental management system and how these requirements affect their work performed under this contract.

All on-site contractor personnel shall complete yearly EPA-sponsored environmental training specified for the type of work conducted on-site. Upon inclusion in the contract, the Contracting Officer's Representative will verify that all contractor personnel have acquired EMS Awareness Training at their appropriate site or location.

REFERENCES TO VA ENGINEER, RESIDENT ENGINEER, SENIOR RESIDENT ENGINEER, OR PROJECT MANAGER Any reference contained within contract specifications and/or drawings to the “VA Engineer”, “Resident Engineer”, “Senior Resident Engineer”, “Project Manager”, or their abbreviations are to be replaced with “Contracting Officer’s Representative (COR)”.

PAYMENT FOR MATERIALS STORED OFF-SITE Payment in advance of installation for materials stored off-site is not authorized under this contract.

SCHEDULE OF MATERIAL SUBMITTALS The submittals contemplated by FAR 52.236-5, Material and Workmanship, are listed on the Schedule of Material Submittals in the Specifications. The provided schedule is for reference only, all submittals required by the contract documents are required.

PROGRESS SCHEDULE The schedule required by FAR 52.236-15 shall be provided after receipt of the NTP.

REVIEW REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE ASSESSMENT SYSTEM (CPARS)

1. As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (VA) evaluates contractor past performance on all contracts in the amount of $750,000 or more 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 $750,000 is required to register with CPARS database at the following web address: www.cpars.csd.disa.mil. Help in registering can be obtained by contacting Customer Support Desk at DSN: 684-1690 or COMM: 207-438-1690. Registration should occur no later than thirty days after contract award and must be kept current should there be any change to the contractor's registered representative.

1. For contracts with a period of one year or less, the contracting officer will perform a single evaluation when the contract is complete. For contracts exceeding one year, the contracting officer will evaluate the contractor's performance annually. Interim reports will be filed each year until the last year of the contract when the final report will be completed. The report shall be assigned in CPARS to the contractor's designated representative for comment. The contractor representative will have thirty days to submit any comments and re-assign the report to the VA contracting officer.

1. Failure to have a current registration in the CPARS database, or to re-assign the report to the VA contracting officer within those thirty days, will result in the Government's evaluation being placed on file in the database with a statement that the contractor failed to respond.”

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of Provision)

2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

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

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

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

(End of Provision)

2.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

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

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

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

(End of Provision)

2.4 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…