36C25023B0060_1.docx

3625023B0060 – Replace Dry Pipe Sprinklers – 515-23-204 – Battle Creek VAMC

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.

36C25023B0060 X 06-16-2023 515-23-3-155-0050 515-23-204 36C250 Department of Veterans Affairs Network Contracting Office (NCO) 10 5500 Armstrong Rd., Bldg. 9 Rm. 105 Battle Creek MI 49037 Same as Block 7

Ruedel, Leland 734-845-3802 Project 515-23-204, Replace Dry Pipe Sprinklers requires the contractor to furnish all labor, materials, supervision, equipment, and all other necessary resources to fully complete the work identified in the contract specifications and drawings.

See Important Bidder Information with Scope of Work starting on page 6.

This acquisition is a 100% set-aside for Service-Disabled Veteran Owned Small Businesses with the ability to accomplish the work via North American Industry Classification System (NAICS) code 238220 - Plumbing, Heating, and Air Conditioning Contractors.

Place of performance is at the Battle Creek, MI VA Medical Center, 5500 Armstrong Rd, Battle Creek MI, 49037

Magnitude of Construction: Between $500,000 and $1,000,000

Only Commercial Carriers (Fed Ex, UPS, etc.) will be accepted. U S Postal Service is not delivered to the address listed in Block 7.

Hand carried sealed bids by those who wish to attend in person should use the following address:

Department of Veterans Affairs Network 10 Contracting Office 5500 Armstrong, Bldg. 9, Conf. Room 106 Battle Creek, MI 49037

Hand carried sealed bids by those who wish to attend in person s hould not arrive earlier than 1 hour before Bid Opening

X X 52.211-10 X

1:00 PM

EST

07-25-2023 X

Page 1 of

Page 1 of

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 solicitatio n, 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

OFFEROR

AMOUNT:_

OFFEROR EMAIL

ADDRESS:_

OFFEROR FEDERAL TAX ID

OFFEROR UNIQUE ENTITY ID

515-3630162-155-854200 3220 23NRNR000

Department of Veterans Affairs Network Contracting Office (NCO) 10 Armstrong Rd., Bldg. 9 Rm. 105 Battle Creek MI 49037 36C250 Department of Veterans Affairs Financial Services Center Invoices to be Submitted Electronically www.ob10.com/us/en/veterans-affairs// e-Invoice Setup Info TX 78714-9971 877-489-6135

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Table of Contents

IMPORTANT BIDDER INFORMATION

BIDDING MATERIALS: All bidding materials consisting of the solicitation, all issued amendments, bidding forms, specifications, drawings, and all other related documents will be posted to the Contract Opportunities website located at https://sam.gov/content/opportunities - this is the only official location where solicitation and bidding documents can be obtained and where updates are posted. No ‘hard copy’ bidding materials are available nor is there a ‘bidders list’ maintained.

BID SUBMISSION: The following documents shall be included with the bid submission:

(1) An original, completed, signed, and dated SF 1442 Offer page (‘wet ink signature’).

(a) An original completed Bid Schedule if one is provided - otherwise the lump sum bid amount for the entire project is entered in block 17 of the SF1442 Offer page.

Failure to provide a properly completed and signed original offer could result in the bid being determined non-responsive and rejected.

(2) Acknowledgment of all amendments that are issued by one of the following methods: a) Completing block 19 of the SF1442 by entering and acknowledging all issued amendments or b) Completing blocks 15a, b, and c of each issued amendment and including with the bid submission. Failure to acknowledge an Amendment or Amendments could (case dependent) result in the bid being determined non-responsive and rejected.

(3) An original completed Bid Schedule if one is provided - otherwise the lump sum bid amount for the entire project is entered in block 17 of the SF1442 Offer page.

(4) An original completed and signed SF 24 Bid Bond or other allowable Bid Security. Failure to provide acceptable bid security in the proper amount, form, and content shall result in the bid being determined non-responsive and shall be rejected.

(5) Completed Annual Representations and Certifications (FAR 52.204-8) (MAY 2022).

(6) Completed Contractor Experience Modification Rate (EMR) Certification documents (see solicitation attachments for the form).

(7) Completed Certification required by VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING – CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (NOV 2022). Failure to provide a completed and legibly signed certification by an authorized company representative shall result in the bid being determined non-responsive and shall be rejected.

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

ADDITIONAL SOLICITATION INFORMATION

PROJECT No. 515-23-204 Replace Dry Pipe Sprinklers

SCOPE OF WORK STATEMENT:

The Contractor shall furnish all labor, material, equipment, supervision, testing, as-built information and all other related information for Project 515-23-204 Replace Dry Pipe Sprinklers at the VA Medical Center in Battle Creek, Michigan.

This project will:

· Replace all dry pipe sprinkler heads in the following buildings attics across campus: 3, 4, 7, 8, 9, 12, 13, 22, 27, 39, 73, 82-MRI, and 84.

· Install extensions of the dry pipe sprinkler systems as identified by plans.

· Remove and replace existing HVAC ducting as required to perform installation of new work.

· Provide new sprinkler head cabinets in each building as specified within the construction documents.

· Require some afterhours work and careful coordination with the COR to minimize patient and staff disruptions in patient care areas. This is especially critical in Building 82-MRI.

· Require coordination with the VA Fire department since it’s expected that the attic sprinkler systems will be shut down for extended periods of time during installation of new work.

The IT Security requirements for Certification & Accreditation requirements do not apply and a Security Accreditation Package is not required. The contractor and all sub- contractors will be required to complete annual privacy training by reading and signing the Privacy Training TMS 20939 prior to beginning any work.

WAGE DETERMINATION: Department of Labor General Decision Number MI20230079 dated 04/14/2023 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 applicable prior to any contract award. Wage decisions are available at Wage Determinations Online (WDOL) at https://sam.gov/content/wage-determinations .

REQUESTS FOR INFORMATION (RFI): To obtain clarifications and/or additional information concerning the solicitation requirements, specifications and/or drawings, or any other issue pertaining to the advertisement for bids, submit a written RFI utilizing the RFI Form attached to this solicitation and send via email to the attention of Contracting Officer Scott Brennan at: Scott.Brennan2@va.gov. The subject line of the email must read ‘RFI # – 36C25023B0060 Project 515-23-204 Replace Dry Pipe Sprinklers. RFIs related to the project technical documents must be specific identifying section, paragraph and page no. of the specifications or cite the drawing number and must be in question format. RFIs related to the solicitation or other related documents shall refer to the specific provision, clause, etc. 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 the original solicitation located at in amendment format. Deadline for submission of RFIs for this solicitation is July 7th, 2023. 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 nor returned.

TYPE OF SET-ASIDE

THIS SOLICITATION IS A TOTAL SET-ASIDE FOR

SERVICE-DISABLED VETERAN OWNED SMALL BUSINESSES (SDVOSB)

SEE VAAR CLAUSE 852.219-73 FOR ELIGIBILITY REQUIREMENTS.

DATABASE REGISTRATION INFORMATION

SYSTEM FOR AWARD MANAGEMENT (SAM) REGISTRATION: The System for Award Management (SAM) website located at https://sam.gov 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 Regulations require that federal contractors wishing to do business with the Government and bid on work shall have an active registration in SAM. The offeror shall have an active registration in SAM at the time of offer submission otherwise the Contracting Officer shall deem the offeror’s bid non-responsive to the solicitation requirements (see FAR 52.204-7 for complete SAM registration requirements).

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 https://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, visit the following website https://www.dol.gov/agencies/vets/programs/vets4212. See FAR provision 52.222-38, Compliance with Veterans' Employment Reporting Requirements (FEB 2016) under the Representations, Certifications and Other Statements of Offerors, and FAR clause 52.222-37, Employment Reports on Veterans (FEB 2016) under the General Conditions.

BONDING INFORMATION

BID GUARANTEE: A bid guarantee is required in an amount not less than 20 percent of the bid price but shall not exceed $3,000,000. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for opening of bids, shall require rejection of the bid in all cases except those listed in Federal Acquisition Regulation (FAR) 28.101-4. Bid Bonds must be provided using Standard Form 24 (see FAR 28.106-1) and the form must be provided in original (no white outs, faxed or copied signatures, seals) with ‘wet ink’ signatures and contain the proper solicitation number, bid opening date, and be from a corporate surety listed in Department of Treasury Circular 570. Individual sureties are subject to the approval and acceptance of the Contracting Officer (see FAR 28.203) and be accompanied by Standard Form 28 Affidavit of Individual Surety. Other forms of bid security may be 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 $35,000.00 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 are not acceptable.

SECURITY

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

Levels and associated types of Background Investigations:

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

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

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

All costs for SAC and NACI checks are borne by the contractor. The VA may at its discretion make deductions against the contract in order to recoup the investigation costs. The estimated cost for a SAC is $30.00 per employee and the estimated cost for a NACI check is $408.00 per employee (subject to change at any time).

MEDICAL CENTER ACCESS: Anyone participating in the site visit, or for any other reason that involves visiting the medical center related to this solicitation, must have a valid ID on their person and their vehicle must be properly registered and insured. Company owned vehicles must be clearly marked. 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 usage or texting while driving is also prohibited. All VA Medical Centers and associated properties are Federal Property. Smoking and vaping is prohibited on medical center grounds including in vehicles or contractor owned/leased office or storage trailers.

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 (e-verify.gov): Companies awarded a contract in excess of $150,000 (except for those with performance periods of 120 calendar days or less) 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. (See FAR Clause 52.222-54).

OTHER IMPORTANT BIDDER INFORMATION

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

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

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

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

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

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

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

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

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

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, if provided. The schedule is for reference only – the selected contractor is responsible to provide all submittals required by the 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 contracts that exceed $750,000 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 $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 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.”

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION RECORDS POLICIES

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 enough technical documentation to permit understanding and use of the records and data.

4. The Government 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 the Government 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 (HCA). 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, the contractor must report it to Government Contracting Officer. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Government 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 [contract vehicle]. 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 the Government’s 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 who awarded the contract. 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 all Government 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 the project location VA Medical Center’s written policy.

8. The Contractor shall not create or maintain any records containing any non-public Government 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 Government 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 and 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, Talent Management System (TMS) Item #3873736, Records Management for Records Officers, and Liaisons. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training. All training shall be coordinate with the Contracting Officer’s Representative assigned to the contract.

OTHER IMPORTANT NOTICES

1. Contractor or subcontractor employees shall not be considered government employees for any purpose under any resultant contract.

2. Contractor and subcontractor employees may be required to undergo Tuberculosis, Influenza, COVID, or other contagious disease screening prior to being authorized to work on-site. Screening is per individual VA Medical Center policy and shall be reviewed and discussed at the pre-construction conference.

END OF IMPORTANT BIDDER INFORMATION SECTION

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 Battle Creek, MI VAMC Calhoun County, MI

(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 the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Contracting Officer Scott D. Brennan Hand-Carried Address:

Department of Veterans Affairs Network Contracting Office (NCO) 10 5500 Armstrong Rd Bldg 9, Room 105 Battle Creek MI 49037 Mailing Address:

Department of Veterans Affairs Network Contracting Office (NCO) 10 5500 Armstrong Rd.

Mail Code 515/90VC Battle Creek MI 49037

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

2.6 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for— Wednesday, June 28, 2023 at 11:00 AM

(c) Participants will meet at— Battle Creek, MI VAMC - Bldg. 24, Rm. 200 (End of Provision)

2.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Provision)

2.8 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)

(a) Any protest filed by an interested party shall—

(1) Include the name, address, fax number, email and telephone number of the protester;

(2) Identify the solicitation and/or contract number;

(3) Include an original signed by the protester or the protester’s representative and at least one copy;

(4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents;

(5) Specifically request a ruling of the individual upon whom the protest is served;

(6) State the form of relief requested; and

(7) Provide all information establishing the timeliness of the protest.

(b) Failure to comply with the above may result in dismissal of the protest without further consideration.

(c) Bidders/offerors and Contracting Officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.

(End of Provision)

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

(a) As an alternative to filing a protest with the Contracting Officer, an interested party may file a protest by mail or electronically with: Executive Director, Office of Acquisition and Logistics, Risk Management and Compliance Service (003A2C), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420 or Email: EDProtests@va.gov.

(b) The protest will not be considered if the interested party has a protest on the same or similar issue(s) pending with the Contracting Officer.

(End of Provision)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2022) (JUL 2020) (DEVIATION) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238220.

(2) The small business size standard is $19 Million.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside…