36C25024B0051 - Provide Temperature and Humidity Control.pdf

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Y1DA--Provide Temperature and Humidity Control For SPS - (541-23-201)
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36C25024B0051
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This document is a solicitation for a federal construction contract to provide temperature and humidity controls to Sterile Processing Services (SPS) secondary storage areas at the Louis Stokes Veterans Affairs Medical Center in Cleveland, Ohio. The project will bring approximately 32 SPS secondary storage areas into compliance with the latest temperature and humidity requirements per VA design manuals and directives. The solicitation is a 100% set-aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSBs), with a project magnitude of $500,000 to $1,000,000. A site visit is scheduled for July 24, 2024. Bids are due by August 13, 2024. The contract requires the SDVOSB contractor or subcontractor to self-perform a minimum of 15% of the construction work. Detailed technical specifications, drawings, and other contract documents are provided with the solicitation.

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SOLICITATION, OFFER,

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

AND AWARD (i] SEALED BID (IFB) 1 74 07-12-2024

(Construction, Alteration, or Repair) 36C25024B0051

□ NEGOTIATED (RFP)

IMPORTANT - The "offer'' section on the reverse must be fullv comDleted bv offerer

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

541-23-201

7. ISSUED BY CODE 36C250 8. ADDRESS OFFER TO

Contract Specialist Department of Veterans Affairs Department of Veterans Affairs ATTN: BID OFFER 36C25024B0051 Network Contracting Office (NCO) 10 Network Contracting Office (NCO) 10 6100 Oak Tree Blvd., Suite 490 6100 Oak Tree Blvd., Suite 490 Independence OH 44131 Independence OH 44131 OH 44132

9. FOR INFORMATION l a. NAME I b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS) CALL: Terence James terence.james@va.gov

SOLICITATION

NOTE: In sealed bid solicitations "offer'' and "offerer'' mean "bid" and "bidder''.

1 0. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying m.rnber, date)

Provide Temperature and Humidity Controls to SPS Storage, Project #541-23-201 Contractor shall bring approximately 32 Sterile Processing Services (SPS) secondary storage areas, located throughout the medical center, into compliance with the most recent requirements, especially temperature and humidity requirements, The renovation of the SPS rooms will bring all the SPS secondary storage areas into compliance with the latest Sterile Processing Services (SPS) requirements.

The NAICS Code for this project i:s: 236220. The business :size :standards $45 Million.

This i:s a 100% :set aside for Service Disabled Veteran Owned Small Bu:sine:s:se:s (SDVOSB).

See VAAR Clause 852.219 10 for the contractor's performance requirements for this NAICS code.

The Project Magnitude i:s $500,000.00 to $1,000,000.00 A :site visit will be conducted on 07/24/2024 at 10:30 AM (local time).

Please see the continuation pages of this solicitation for details.

On page 3 of this solicitation, bidders shall insert their CAGE code number. Also, on page 4 of this solicitation fill in your base & alternate bid prices, in the appropriate blocks. Bidders are to enter pricing for all bid items.

This solicitation includes a requirement concerning safety compliance documentation to be submitted with the bid.

See "NOTICE OHSA SAFETY OR ENVIRONMENTAL COMPLIANCE STATEMENT." Failure to :submit the required information or failure to meet the stated standard may deem the bid unresponsive.

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

The cut off date & time to :submit requests for information (RFI) i:s 07/31/2024 at 12:00 PM local time.

The Contracting Officer may answer a RFI submitted after the cut off if he/she determines that the response will benefit the VA. RFI's to be submitted to Terence James at Terence.James@va.gov BID OPENING: Will be held at the Network Contracting Office (NCO) 10 Cleveland, OH (address in block 8) above, in the conference room. Bidders are hereby notified that if the bid does not arrive in the conference room prior to the bid opening time, that it will not be accepted.

Please see 3 of this solicitation for the statement of bid items** **DUE TO FILE SIZE LIMITATIONS, THE DRAWINGS FOR THIS PROJECT WILL BE PUBLISHED VIA SOLICITATION AMENDMENTS** **All potential bidders must acknowledge all amendments for his/her bid to be considered** VAAR 852.219-75 i:s required to be :submitted with the Bid and that failure to do :so :shall deem the Bid Non-Responsive.

11. The Contractor shall begin performance within 10 calendar days and complete it within 183 calendar days after receiving

D award, 0 notice to proceed. This performance period is 0 mandatory D negotiable. (See _5_2_._2_1_1_-_1_0 ________ _,).

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

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

12b. CALENDAR DAYS

(i] YES □ NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and ________ 1 __ c.opies to perform the work required are due at the place specified in Item 8 by 2: oo PM b.

C.

d.

(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 offerer's name and address, the solicitation number, the date and time offers are due.

An offer guarantee Q is, D is not required.

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.

Offers providing less than _____ 1_2_0 ____ _ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

EDT

STANDARD FORM 1442 (REV. 8/2014)

Prescmed by GSA-FAR (48 CFR) 52236-1(d)

08/13/2024

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

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 120 calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 1 3d. Failure to insert any number means the offeror accepts the minimum in Item 1 3d.)

AMOUNTS Enter pricing on page 3 of this solicitation.

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation - give number and date of each)

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20b. SIGNATURE 20c. OFFER DATE (Type or print)

AWARD (To be completed by Government)

21 . ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN IITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO (4 copies unless otherwise specified) D1 o U.S.C. 2304(c)( D 41 U.S.C. 3304(a) ( )

26. ADMINISTERED BY I 27. PAYMENT WILL BE MADE BY 36c250 '-------------l Department of Veterans Affairs

Department of Veterans Affairs Network Contracting Office 10 6100 Oak Tree Blvd, Suite 490 Independence, OH 44131

Financial Services Center Invoices to be Submitted Electronically www.oblO.com/us/en/veterans-affairs// e-Invoice Setup Info Phone 877-489-6135

PHONE: 877-353-9791 FAX: 512-460-5429

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

□ 28. NEGOTIATED AGREEMENT (Contractor is required to sign this D 29. AWARD (Contractor is not required to sign this document.) Your document and return ___ copies to issuing office.) 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 (Type or print) TO SIGN (Type or print) Brian S Kish

Contracting Officer

30b. SIGNATURE 30c. DATE 31 b. UNITED STATES OF AMERICA 31c. AWARD DATE

BY

STANDARD FORM 1442 (REV. 8/2014) BACK

SF 1442 BLOCK 17 (CONTINUATION)

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 (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.).

Contractor’s Name: _______________________________

CAGE Code: _______________________________

DUNS: _______________________________

Contractor’s e-mail address: ________________________________

The following bids are submitted in lieu of completing block 17 on the attached SF 1442:

*The price for each bid item should not require any mathematical calculations to be performed by the VA to determine the bidder’s price.

Bid Items

Bid Item 1: Base Bid $_______________

Description: Work includes general construction, mechanical systems, alterations, and certain other items including minor ceiling alterations and seal new/ existing penetrations above ceiling, typical at all areas in scope. (Completion Time: 183 days from Notice to Proceed)

Bid Item 2: Bid Alternate No. 1 $_______________

Description: Bid Alternate No. 1 All work within and around Storage Room 2A156A. Refer to drawing sheet AE901 for work associated with Deduct Alternat #1. (Completion Time: 183 days from Notice to Proceed)

36C25024B0051

Table of Contents

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

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

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

ALTERATION, OR REPAIR)– BACK

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

2.2 52.216-1 TYPE OF CONTRACT (APR 1984)

2.3 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984) ALTERNATE I (APR 1984)

2.4 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE

OF THE WORK (MAY 2014)

2.5 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE

EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

2.6 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION

MATERIALS (MAY 2014)

2.7 52.225-21 REQUIRED USE OF AMERICAN IRON, STEEL, AND

MANUFACTURED GOODS—BUY AMERICAN STATUTE—CONSTRUCTION

MATERIALS (JAN 2021)

2.8 52.228-1 BID GUARANTEE (SEP 1996)

2.9 52.233-2 SERVICE OF PROTEST (SEP 2006)

2.10 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB

1995)

2.11 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

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

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

2.13 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

2.14 VAAR 852.209-70 ORGANIZATIONAL CONFLICTS OF INTEREST (OCT 2020) 21

2.15 VAAR 852.214-71 RESTRICTIONS ON ALTERNATE ITEM(S) (MAY 2018)

2.16 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION (OCT 2018)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2024) ... 23

3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

3.3 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(FEB 2024)

GENERAL CONDITIONS

4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

4.2 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE,

AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB COVERED

ENTITIES (DEC 2023)

4.3 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN

2020)

4.4 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION

MATERIALS UNDER TRADE AGREEMENTS (MAY 2014)

4.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

4.6 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE)

(FEB 2021)

4.7 VAAR 852.232-70 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION

CONTRACTS (WITHOUT NAS– CPM) (NOV 2018)

4.8 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

4.9 SUPPLEMENTAL INSURANCE REQUIREMENTS

4.10 VAAR 852.219-74 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

4.11 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)

4.12 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT

(SEP 2019)

4.13 VAAR 852.236-90 RESTRICTION ON SUBMISSION AND USE OF EQUAL

PRODUCTS (APR 2019)

4.14 VAAR 852.236-92 NOTICE TO BIDDERS—ADDITIVE OR DEDUCTIVE BID LINE

ITEMS (APR 2019)

4.15 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

4.16 52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—

PROHIBITION (DEC 2023)

4.17 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

4.18 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (OCT 2018)

4.19 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)

4.20 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL

LABOR RELATIONS ACT (DEC 2010)

4.21 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (OCT 2022)

4.22 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

4.23 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023) (DEVIATION)

4.24 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

4.25 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

4.26 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

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

2018)

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

4.29 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(APR 2019)

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

4.31 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT

ADMINISTRATION (OCT 2020)

4.32 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) .. 73

4.33 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES

INCORPORATED BY REFERENCE (JAN 2008)

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO

BIDDERS/OFFERORS

TYPE OF SET-ASIDE

THIS SOLICITATION IS A 100% SET-ASIDE FOR

SERVICE-DISABLED VETERAN OWNED SMALL BUSINESSES

(a) In accordance with VARRR-852.219-10 requirements:

(b) At the time of submission of offers, and prior to award of any contracts, the offeror must represent to the contracting officer that it is a -

(1) SDVOSB or VOSB eligible under VA Acquisition Regulation Subpart 819.7003 (Eligibility)

(2) Small business concern under the North American Industry Classification System (NAICS) code assigned to the acquisition; and

(3) SDVOSB/VOSB listed as verified in VIP database at: https://www.vip.vetbiz.va.gov.

SEE THE SOLICITATION FOR ELIGIBILITY REQUIREMENTS

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: The Federal Acquisition Regulation FAR 4.1102(a) requires offerors to be registered in SAM at the time of submission of the offer:

NOTICE: Bidders are required to be registered in SAM at the time the bid is submitted.

SAM at the time of bid submission will be determined to be non-responsive and the bid will be 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-4212A, Federal Contractor Veterans' Employment Report (VETS-4212 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. F4212(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, you may check the following website:

http://www.dol.gov/vets/programs/fcp/main.htm. See FAR provision 52.222-38, Compliance with Veterans' Employment Reporting Requirements (SEP 2016) under the Representations, Certifications and Other Statements of Offerors, and FAR clause 52.222-37, Employment Reports 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 submission 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 due 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 28.204.

PERFORMANCE AND PAYMENT BONDS: In accordance with Contract Clause 52.228-15, and FAR 28.102, Contractors are reminded that any amount awarded over $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 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 is required (Special Agency Check (SAC)) which must be completed prior to being allowed access.

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

All costs for SAC and NACI checks are borne by the contractor. The VA may at its discretion make deductions against the contract to recoup the investigation costs. Current cost for a SAC is $25.00 per employee and the current cost for a NACI check is $122.00 per employee (subject to change at any time).

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

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

E-VERIFY SYSTEM: Companies awarded a contract with the federal government shall enroll in E-Verify within 30 days of the contract award date. They shall also begin using the E-Verify system to confirm that all 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.)

INVOICE SUBMITTAL AND PAYMENT INFORMATION

In Block 18 of the Contract (1449), it states that you will be paid by:

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center

PO Box 149971

Austin TX 78714-9971 https://www.fsc.va.gov/einvoice.asp

Vendor Electronic Invoice Submission Methods

1. VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission.

Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

2. A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI).

The X12 EDI Web site: http://www.x12.org

After you have submitted your invoice to the above - you may inquire status by:

Vendor Inquiry System (VIS) (VIS helpdesk: 1-877-353-9791) was designed to help our vendors identify previous, current, and future payments. Vendors can inquire on the status of payments by accessing VIS at:

https://www.vis.fsc.va.gov/login.aspx?ReturnUrl=%2fDefault.aspx.

Points of contact

Tungsten

• Tungsten e-Invoice Setup Information: 1-877-489-6135

• Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

VA Financial Services Center

• FSC e-Invoice Contact Information: 1-877-353-9791

• FSC e-invoice email: vafsccshd@va.gov

OTHER IMPORTANT OFFORER INFORMATION

OSHA SAFETY OR ENVIRONMENTAL VIOLATIONS AND EXPERIENCE MODIFICATION

RATE: Prior to award, the apparently successful offeror shall be required to provide the following information pertaining to their past Safety and Environmental record: (1) Certification that the business has had 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 (a form will be provided for this purpose);

(2) Certification (provided by the business’s insurance carrier) that the offeror’s Experience Modification Rate (EMR) is equal to or less than 1.0.

Self-insured contractors or other contractors that cannot provide their EMR rating from an insurance carrier must obtain a rating from the National Council on Compensation Insurance, Inc. (NCCI) by completing and submitting form ERM-6 and providing the rating on letterhead from NCCI. Note: Self-insured contractors or other contractors that cannot provide EMR rating from their insurance carrier 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.

Having an EMR greater than 1.0 or the non-provision of EMR rating certification as described above could result in the apparently successful offeror being found non-responsible and thus ineligible for contract award.

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

All on-site contractor personnel shall complete yearly EPA sponsored environmental training specified for the type of work conducted on-site. Upon inclusion of (Specification Section 01 45 29-3) 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 SUBMITTAL: The submittals contemplated by FAR 52.236-5, Material and Workmanship.

PROGRESS SCHEDULE: The progress schedule contemplated by FAR 52.236-15 Schedules for Construction Contracts shall be provided within 10 calendar days after receipt of the Notice to Proceed. Be advised that contracts that contain any of the following specification sections contain specific schedule requirements above and beyond those cited in the contract clause 52.236-15 is applicable.

NOTICE: VA and/or a third party (support contractor) will require access to VA contractor records to assess contractor compliance with the limitations on subcontracting requirement included at VAAR 852.219-10. See Limitations on Subcontracting - Monitoring and Compliance (JUN 2011) located in the General Conditions section of this Solicitation.

BIDDING MATERIALS: Bidding materials consisting of drawings, specifications, contract forms and any issued Amendments will be posted at www.fbo.gov. Enter 36C25021B0040 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: 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); and (6) Fully completed Contractor EMR Certification page

Bidders are 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 and by the date and time specified in block 13A of the SF 1442 (subject to amendment).

(NOTE TO CO: ENSURE THAT INFORMATION IS ALSO INCLUDED RE: PROVISION OF

INFORMATION ON ANY "EQUAL" ITEMS OFFERED TO COMPLY WITH 52.211-6. SEE

COMMENTS IN ITEM NO. 29, ITEM (1) OF THIS REVIEW.)

2.1 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

(a) All actual and potential offerors are encouraged to provide feedback on the preaward and debriefing processes, as applicable. Feedback may be provided to agencies up to 45 days after award. The feedback is anonymous, unless the participant self-identifies in the survey. Actual and potential offerors can participate in the survey by selecting the following link: https:// www.acquisition.gov/360.

(b) The Contracting Officer will not review the information provided until after contract award and will not consider it in the award decision. The survey is voluntary and does not convey any protections, rights, or grounds for protest. It creates a way for actual and potential offerors to provide the Government constructive feedback about the preaward and debriefing processes, as applicable, used for a specific acquisition.

(End of Clause)

2.2 52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of Provision)

2.3 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK (APR 1984) ALTERNATE I (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 183 days after receipt of notice to proceed. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by . The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

(End of Clause)

2.4 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)

2.5 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO

ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION

(FEB 1999)

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

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

Goals for minority participation for each trade

Goals for female participation for each trade

16.1 % 11.5 %

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

State of Ohio County Of Cuyahoga City of Cleveland

(End of Provision)

2.6 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)

2.7 52.225-21 REQUIRED USE OF AMERICAN IRON, STEEL, AND

MANUFACTURED GOODS—BUY AMERICAN STATUTE—CONSTRUCTION

MATERIALS (JAN 2021)

(a) Definitions. As used in this clause—

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies.

However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Domestic construction material means the following—

(1) An unmanufactured construction material mined or produced in the United States. (The Buy American statute applies.)

(2) A manufactured construction material that is manufactured in the United States and, if the construction material consists wholly or predominantly of iron or steel, the iron or steel was produced in the United States. (Section 1605 of the Recovery Act applies.)

Foreign construction material means a construction material other than a domestic construction material.

Manufactured construction material means any construction material that is not unmanufactured construction material.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

United States means the 50 States, the District of Columbia, and outlying areas.

Unmanufactured construction material means raw material brought to the construction site for incorporation into the building or work that has not been—

(1) Processed into a specific form and shape; or

(2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials.

(b) Domestic preference.

(1) This clause implements—

(i) Section 1605 of the American Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111-5), by requiring, unless an exception applies, that all manufactured construction material in the project is manufactured in the United States and, if the construction material consists wholly or predominantly of iron or steel, the iron or steel was produced in the United States (produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, except metallurgical processes involving refinement of steel additives); and

(ii) 41 U.S.C. chapter 83, Buy American, by providing a preference for unmanufactured construction material mined or produced in the United States over unmanufactured construction material mined or produced in a foreign country.

(2) The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraph (b)(3) and (b)(4) of this clause.

(3) This requirement does not apply to the construction material or components listed by the Government as follows:

(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Government determines that—

(i) The cost of domestic construction material would be unreasonable;

(A) The cost of domestic manufactured construction material, when compared to the cost of comparable foreign manufactured construction material, is unreasonable when the cumulative cost of such material will increase the cost of the contract by more than 25 percent;

(B) The cost of domestic unmanufactured construction material is unreasonable when the cost of such material exceeds the cost of comparable foreign unmanufactured construction material by more than 20 percent;

(ii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available quantities and of a satisfactory quality;

(iii) The application of the restriction of section 1605 of the Recovery Act to a particular manufactured construction material would be inconsistent with the public interest or the application of the Buy American statute to a particular unmanufactured construction material would be impracticable or inconsistent with the public interest.

(c) Request for determination of inapplicability of section 1605 of the Recovery Act or the Buy American statute.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including—

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Cost;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(4) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph (d) of this clause.

(iii) The cost of construction material shall include all delivery costs to the construction site and any applicable duty.

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to section 1605 of the Recovery Act or the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable cost of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause.

(3) Unless the Government determines that an exception to section 1605 of the Recovery Act or the Buy American statute applies, use of foreign construction material is noncompliant with section 1605 of the American Recovery and Reinvestment Act or the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Cost Comparison

Construction Material Description

Unit of Measure

Quantity Cost (Dollars)*

Item 1:

Foreign Construction Material Domestic Construction Material Item 2:

Foreign Construction Material Domestic Construction Material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [*Include other applicable supporting information.] [*Include all delivery costs to the construction site.]

(End of Clause)

2.8 52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20% percent of the bid price or $3,000,000.00, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of Provision)

2.9 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:

Brian Kish

Contracting Officer Hand-Carried Address:

Department of Veterans Affairs 2780 Airport Drive, Suite 340 Columbus OH 43219-2292 Mailing Address:

Department of Veterans Affairs 2780 Airport Drive, Suite 340 Columbus OH 43219-2292

(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)

2.10 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—

July 24, 2024 at 10:30 am local time

(c) Participants will meet at—

Louis Stokes VAMC, Cleveland, OH 44106

(End of Provision)

2.11 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):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Provision)

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

AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC

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

(End of Clause)

2.13 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

2.14 VAAR 852.209-70 ORGANIZATIONAL CONFLICTS OF INTEREST (OCT

2020)

(a) It is in the best interest of the Government to avoid…

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