36C25520R0115_2.docx

FAR Number

A.1 52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.

(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.

(End of Provision)

A.2 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.

(End of Provision)

A.3 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

Offers submitted in response to this solicitation shall be in terms of U.S. dollars. Offers received in other than U.S. dollars shall be rejected.

(End of Provision)

A.4 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oamm/oa/ars/policyreg/vaar/index.cfm

(End of Clause)

A.5 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)

(a) Definitions. As used in this clause— Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235), and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

(End of Clause)

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.

36C25520R0115 X 11-02-2020 589-701 00255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Leavenworth

KS

66048-5012 Department of Veteran Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Leavenworth

KS

66048-5012

JACKSON, SEAN

913-946-1126 The Department of Veteran Affairs, NCO 15, intends to award a construction contract for project 589-701 Construct and Renovate Med/Surg Beds for Patient Privacy - B1 & B1C located at the Robert J.Dole VA Medical Center, 5500 East Kellogg Ave, Wichita, KS. This project is being solicited as a Service Disabled Veteran Owned Small Business (SDVOSB) set-aside.

Proposals received in response to this solicitation will be evaluated in accordance with procedures outlined in the the Federal Acquisition Regulation (FAR) Part 15.101-2 Best Value Lowest Price Technically Acceptable (LPTA) source selection process. Those offerors not providing the documentation outlined in the "instructions to Offerors" will be deemed unacceptable to the terms of the solicitation.

The NAICS code and size standard for this project are: NAICS 236220 - General Construction with a size standard of $36.5 Million. Estimate of construction magnitude for this project is between $5,000,000 and $10,000,000.

There will be one site visit for this project. The site visit is scheduled for November 17, 2020 at 9:00 A.M. CDT in Bldg 10 at the Wichita VA, 5500 E. Kellogg Ave. All questions pertaining to this project are due by November 20, 2020 at 2:00 P.M. CDT. Questions shall be emailed by SDVOSB bidders to sean.jackson@va.gov and Jennifer.sotomayor@va.gov. All others shall be rejected.

Provide Contractor Duns Number: __________________________ Contractors working on this project are exempt from state sales tax, and a project exemption certificate will be issued upon award of this contract.

Note: The term Offer and Bid are interchangeable within this solicitation.

**PHYSICAL COPIES OF PROPOSALS WILL NOT BE ACCCEPTED FOR THIS SOLICITATION.

ORIGINAL BID BONDS MUST BE POSTMARKED PRIOR TO THE SOLICITATION CLOSING AT:

ATTN: SEAN JACKSON, 3450 S. 4th STREET, LEAVENWORTH, KANSAS 66048.

HAND DELIVERED BID BONDS AND SOLICITATION RESPONSES SHALL NOT BE ACCEPTED

The Government intends to make a single award on the Base Bid (Bid Item I) but reserves the right to award on any bid item.

All contractors and joint ventures shall be verified in VetBiz and registered in SAM at the time of proposal due date, in order to be eligible for award.

NOTICE: Clause 52.222-37 Employment Reports on Disabled Veterans and Veterans is incorporated by reference in this solicitation. Public Law (P.L. 105-339), Section 1354 provides that no agency may ente into a contract with a contractor who has not filed a VETS 4212 report for the preceding fiscal year under Title 38 Section 4212 (d).

Failure to file a VETS 4212 report for the preceding year shall be reason to reject the proposal.

** PERIOD OF PERFORMANCE WILL VARY DEPENDING ON BID ITEMS AWARDED. See bid items page 3 or specifications 01 00 00 for periods of performance for respective bid items.

730** X X 52.211-10 X 10 Calendar days Zero

2PM

CST

12-01-2020 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( 41 U.S.C. 3304(a) (

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31a. NAME OF CONTRACTING OFFICER

TO SIGN

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

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

(Include ZIP Code) (Include area code) (Include only if different than Item 14.)

(Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each) (Type or print) (4 copies unless otherwise specified) (Type or print) (Type or print) (Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

(Must be fully completed by offeror) (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

FILL IN PRICING FOR BID ITEMS ON PAGE 3.

00255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Leavenworth

KS

66048 00255 Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp Austin

TX

877-353-9791 512-460-5429 X

BID ITEMS

(Bid Item Descriptions can also be found in the 10 00 00 Specification)

A. BASE BID: Work includes general construction, alterations, roads, walks, grading, drainage, structure, mechanical & electrical systems, architectural finishes, necessary removal of existing structures and construction and certain other items. The period of performance for Base Bid is 730 days.

Price for BASE BID $______________

B. ALTERNATE NO. 1: All work in Base Bid with the following exception:

Change façade of new expansion from brick to metal panel. The basis of design for the metal panel is the Berridge FW-12 Panel, 22 gauge, Dark Bronze. Use the manufacturer’s typical details and construction. The period of performance of Alternate No. 1 is 723 days.

Price for ALTERNATE NO. 1 $______________

C. ALTERNATE NO. 2: All work in Alternate No. 1 with the following exception: Do not replace the air handler serving the existing 3rd Floor East Wing. Test and balance the existing unit. The period of performance for Alternate No. 2 is 716 days.

Price for ALTERNATE NO. 2 $______________

D. ALTERNATE NO. 3: All work in Alternate No. 2 with the following exception: For the 3rd Floor of B1C, fully build out rooms C306, C307, C309 and C310. The remainder of the interior space to be finished with carpet tile and paint with small power poles for electric and data. The HVAC to be reduced to 3 zones in this space. Fully build out the 2nd Floor. The period of performance for Alternate No. 3 is 686 days.

Price for ALTERNATE NO. 3 $______________

E. ALTERNATE NO. 4: All work in Alternate No. 3 with the following exception: For the 3rd Floor of B1C, fully build out rooms C306, C307, C309 and C310. For the 2nd Floor of B1C, fully build out rooms C207 and C208. The remainder of the interior spaces to be finished with carpet tile and paint with small power poles for electric and data. The HVAC to be reduced to 3 zones in each space. The period of performance for Alternate No. 4 is 656 days.

Price for ALTERNATE NO. 4 $______________

Table of Contents

PROPOSAL SUBMITTAL INSTRUCTIONS

SOLICITATION: 36C25520R0015

PROJECT: Construct and Renovate Med/Surg Beds for Patient Privacy, B1 and B1C, 589-701 LOCATION: Department of Veteran Affairs, Wichita, Kansas VAMC

1. PREPARATION AND SUBMITTAL OF PROPOSALS

a. GENERAL INFORMATION.

Selection of an offeror for contract award will be made on the basis of an assessment of each offeror’s response to the Request for Proposal (RFP). As a Request for Proposals (RFP) based on Lowest Price Technically Acceptable (LPTA) Source Selection Process, in accordance with Federal Acquisition Regulation (FAR) Part 15.101-2, the VA will make the award based on the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors.

NOTE: Failure to comply with the RFP requirements will be grounds to eliminate the proposal from further consideration for contract award.

b. THE OFFER.

The submission of the documentation specified below will constitute the Offeror’s acceptance of the terms and conditions of the RFP, including the Plans & Specifications for the construction of this project. These instructions prescribe the format for the proposal, and describe the approach for the development and presentation of proposal data. These instructions are designed to ensure the submission of necessary information to provide for the understanding and comprehensive evaluation of proposals.

c. AWARD BASED ON INITIAL OFFERS.

Pursuant to clause 52.215-1 (included by reference), the Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price, and technical qualifications standpoint. The VA reserves the right to conduct discussions if the Contracting Officer later determines such discussions to be necessary.

d. NUMBER OF COPIES TO SUBMIT. Offerors shall submit proposals electronically by email to the following addresses: jennifer.sotomayor@va.gov and Sean.Jackson@va.gov . The email(s) shall include the following as attachments:

The total size if any single email must be less than 10 megabytes. Use multiple emails if necessary and label each as 1 of 3, 2 of 3… An electronic copy of the Bid Bonds shall be included in the emailed proposal. Additionally, the original Bid Bonds must be mailed and postmarked prior to the solicitation closing date and time.

Bid Bond Package shall be marked as follows:

This package is only to contain the original signed copies of the bid bonds. Mail bid bonds to:

NCO 15 Construction ATTN: Sean Jackson/Jennifer Sotomayor 3450 S. 4th Street Leavenworth, Kansas 66048

Hand delivered Bid Bonds and Solicitation Responses shall not be accepted. Original bid bonds only need to be mailed and postmarked prior to the solicitation closing date and time.

COPIES OF SOLICITATION RESPONSE DOCUMENTS AND BID BOND DOCUMENTS SHALL BE EMAILED TO sean.jackson@va.gov and jennifer.sotomayor@va.gov . ONLY ELECTRONIC EMAIL RESPONSES FROM PRIME SDVOSB CONTRACTORS SHALL BE ACCEPTED.

2. DOCUMENTS TO SUBMIT.

The documents and information necessary to compete for the project and solicitation identified above consist of:

The following NON-COST Evaluation Factors will be used as the basis for determining Technical Acceptability:

1. Relevant Past Performance of Prime Contractor

2. Technical Construction Experience of Prime Contractor

3. Technical Qualifications of Proposed Staffing

4. Prime Contractor’s Safety Plan

NOTE: There is a realistic possibility that some offerors may choose to submit the same construction project as a qualifying example for both the past performance and the technical experience evaluation factors. This is not prohibited, but the supporting documentation must demonstrate that the submitted projects absolutely do comply with the specific minimal requirements, identified below, for each separate evaluation factor.

FACTOR 1: RELEVANT PAST PERFORMANCE OF PRIME CONTRACTOR.

To be technically acceptable, Offerors should identify no less than ONE (1), and no more than THREE (3), relevant, previously-awarded and completed construction contracts, which were issued by either: Federal, State, or Local Government Agencies; and/or Private Organizations. To be evaluated as Relevant Past Performance, the construction contracts submitted by offerors must reflect:

A. Construction work, at an active hospital or medical facility, as a prime contractor that is similar in scope and complexity to the work required under this contract; (NAICS Code: 236220– Commercial and Institutional Building Construction) that was equal to, or greater than $6,000,000.00. Substitution of subcontractor experience is not allowed. Offers which present subcontractor experience shall not be considered for award.

B. Work that was 100% completed within a time period of no more than FIVE (5) years prior to the date of submitting this proposal. If the contract/work is incomplete or was completed more than five years prior to the date of submitting this proposal, it will not be deemed relevant and shall not be considered.

C. To be considered Technically Acceptable, relevant past performance must be satisfactory or better.

For each of the submitted Relevant Past Performance contracts, provide the following information.:

Factor 1 SPECIAL NOTE 1 for Offerors That May Lack Past Performance Information: In accordance with FAR Part 15.305(a)(2), in the case of an offeror that is without a record of relevant past performance, or for whom information on past performance is not available, the offeror may not be evaluated favorably or unfavorably on past performance. Such offerors may submit relevant past performance information regarding: predecessor companies; key personnel who have relevant experience; or subcontractors that will be performing major or critical aspects of this requirement; provided that such information is relevant to the construction in this solicitation.

Factor 1 SPECIAL: NOTE 2 for Offerors that have Past Performance: Offerors may provide information on problems encountered on the identified contracts and the offeror’s corrective actions. The government also reserves the right to consider past performance information from all available sources, in addition to any information submitted by offerors.

FACTOR 2: TECHNICAL CONSTRUCTION EXPERIENCE OF PRIME

CONTRACTOR.

To be Technically Acceptable, offerors must provide evidence that the Prime Contractor has the technical qualifications and experience needed to meet the technical performance requirements of this project. Offerors must submit no less than TWO (2) and no more than FIVE (5), examples of their successful technical construction experience with projects that involved technical requirements similar in scope and complexity to the requirements of this project that were previously awarded and are 100% complete. The construction project submitted must demonstrate:

D. Work that was of a similar nature in scope and complexity of work for this project. This is defined as work performed at a Patient Care Area of an active and occupied Hospital or Medical Facility. If an offeror chooses to submit experience that was not conducted at Patient Care Area of a Hospital or Medical Facility, they must explain how the nature and complexity of the work conducted involved technical construction requirements equivalent to that described in the Plans & Specifications of this solicitation.

(Note: If submitting as a Prime/Sub teaming arrangement under FAR 9.601(2), the designated prime must meet the specific requirements of Factor 2A and 2B in order for the teaming arrangement to be deemed acceptable. Subcontractor experience will not be considered.)

FACTOR 3. TECHNICAL QUALIFICATIONS OF PROPOSED STAFFING.

To be Technically Acceptable, qualified offerors must submit a detailed resume of each key individual on the Prime contractor’s staff for his project. To promote maximum continuity on this project, key staffing positions are not to be subcontracted out. This factor will be evaluated to determine if they have the appropriate technical training and or previous construction experience to meet the technical requirements of the key staffing positions for a project of this nature. No one individual can perform more than two of the key staffing positions below:

(a) On-Site Superintendent – Must have minimum of 3 years of experience as a site superintendent and must have OSHA 30 training. Provide current documents/certificates showing completed training. Provide references (that can be contacted) for a minimum of 2 projects with similar scope and complexity to this project (include brief project description). To be considered for evaluation, the 2 projects must have been performed be within the last five years, be 100% complete, and valid contact information must be provided.

If Reference cannot be verified, then the proposal may not receive further consideration

(b) Quality Control Manager – Must have a minimum of 3 years of experience as a quality control manager. Provide references (that can be contacted) for minimum of 2 projects with similar scope and complexity to this project (include brief project description). To be considered for evaluation, the 2 projects must have been performed be within the last five years, be 100% complete, and valid contact information must be provided.

If Reference cannot be verified, then the proposal may not receive further consideration

(c) Safety Officer – Must have a minimum of 3 years of experience as a safety Officer on projects which are similar in scope and complexity to this project. Must provide a current OSHA 30 Certificate and a list of safety training that at a minimum includes “life safety, excavation safety, scaffold safety, fall protection training, crane/rigging safety”. Provide references (that can be contacted) for minimum of 2 projects with similar scope to this project (include brief project description). To be considered for evaluation the 2 projects must have been performed be within the last five years, be 100% complete, and valid contact information must be provided.

If Reference cannot be verified, then the proposal may not receive further consideration

Special Note: During the period of performance of the Contract, the Contractor shall make NO substitutions of the Staffing unless the substitution is necessitated by illness, death, or termination of employment. The contractor shall notify the contracting officer, in writing within five (5) calendar days after the occurrence of any of these events. Any replacement of Staffing shall have equal or better qualifications, subject to the approval by the contracting officer.

FACTOR 4: PRIME CONTRACTOR’S SAFETY PLAN

Offerors must provide a construction safety plan that meets the following requirements:

a. The contractor's Safety Plan shall be evaluated for their compliance with local/State/Federal rules and regulations and the company's consideration of safety of its employees and the general public. The contractor's Safety Plan at the minimum shall address their safety policy, commitment to safety, detailed disciplinary action to be taken with respect to employees violating safety requirements, personnel safety responsibilities, personnel safety training, personal protective equipment, accident / incident reporting procedure and investigations, emergency procedures guidelines.

b. The contractor’s Safety Plan shall address their plan for completing all contract work on and around an active hospital without impacting patient care and completing all work in accordance with all construction documents and all local/State/Federal rules and regulations.

If the Safety Plan is not deemed acceptable, then the proposal may not receive further consideration.

Note: It is intended that award will be made on the Base Bid; however, should bids exceed the funds available, award will be made to one of the Alternate NO. 1-4.

3. Basis of Award

VA will make the award based on the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-price factors. Note that offers that are not technically acceptable cannot be selected, regardless of price.

4. Special Contract Requirements

SUBSTITUTIONS OF SUBCONTRACTORS AND / OR KEY PERSONNEL

1. When an offeror submits its proposal in response to this Request For Proposals, and key personnel who are proposed to work on the project are required to be submitted, those personnel who are offered will be the same personnel who will actually perform on the project. If, during performance of the contract, it becomes necessary for the contractor to substitute personnel for one of those whose qualifications were the basis for evaluation of the offer and award of the contract, the contractor shall submit to the Contracting Officer the same information that was required in the initial proposal regarding the proposed substitute employee. The Contracting Officer shall have the right to review the qualifications of the proposed substitute employee and to approve or disapprove his or her qualifications. If the proposed substitute employee's qualifications are disapproved by the Contracting Officer, the contractor will propose another employee who does possess equivalent qualifications.

5. SAFETY OR ENVIRONMENTAL VIOLATIONS AND EXPERIENCE MODIFICATION RATE

1) All Bidders/Offerors shall submit the required information pertaining to their past Safety and Environmental record, see Appendix 2. The information shall contain, at a minimum, 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.

2) All Bidders/Offerors shall submit information documenting that their current Experience Modification Rate (EMR) is equal to or less than 1.0. This information shall be obtained from the bidder’s/offeror’s insurance company and be furnished on the insurance carrier’s letterhead. Bidders/Offerors with an EMR of 1.0 or greater will be considered “Unacceptable”. Failure to affirm being within these guidelines or submit this information will result in a determination of unacceptability and the Bidder/Offeror will be ineligible for award.

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

This requirement is applicable to all subcontracting tiers. Prospective prime contractors are responsible for determining the acceptability/compliance of their prospective subcontractors related to the EMR requirements of this solicitation.

Page 1 of Page 1 of

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.204-20 PREDECESSOR OF OFFEROR (AUG 2020)

(a) Definitions. As used in this provision— Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark “Unknown”).

Predecessor legal name: ____.

(Do not use a “doing business as” name).

(End of Provision)

2.2 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

(a) Definitions. As used in this clause— Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures. (1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of Clause)

2.3 52.215-1 INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITION (JAN 2017)

(a) Definitions. As used in this provision— Discussions are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer’s discretion, result in the offeror being allowed to revise its proposal.

In writing, writing, or written means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

Proposal modification is a change made to a proposal before the solicitation’s closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

Proposal revision is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

Time, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals.

(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show—

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices…