36C25524R0104_1.docx

36C25524R0104

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.

36C25524R0104 X 07-15-2024 36C25524R0104 589A4-23-051 36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth

KS

66048 Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth

KS

66048 Petrik, James 913-946-1143 The Department of Veteran Affairs, NCO15, intends to award a Construction Contract for Project 589A4-23-051, Renovate, Environmental Management Area, located at the Harry S. Truman Medical Center, Columbia, MO. This requirement 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 the Federal Acquisition Regulation FAR 15.101-2 Best Value Lowest Price Technically Acceptable (LPTA) source selection process.

The NAICS code for this project is 236220.

General Construction, size standard 45.0 million. Those offerors not providing the documentation outlined in the Estimate of the construction magnitude for this project: $2,000,000.00 - $5,000,000.00.

Unique Entity Identifier (UEI): _________________________________________

The Project period of Performance is 274 calendar days after issuance of Notice to Proceed.

The Pre-Proposal meeting will be telephonic Microsoft Teams conference call on July 24, 2024, at 10:00 am CT.

The Teams call in number is: 1-872-701-0185 Conference ID: 898 958 226# An onsite site walk-through will be held on July 24, 2024, at 11:00 am CT. Contractors will be limited to no more than 2 people from each company. ANY and ALL Questions, RFI's or Clarifications will be submitted in writing and emailed to jeanette.mathena@va.gov and james.petrik@va.gov by July 26,2024, by 2:00 pm CT. Late questions will not be accepted.

Contractors MUST Notify the Contracting Officer at email address: jeanette.mathena@va.gov and the CS james.petrik@va.gov and the COR Daniel Schmidt at daniel.schmidt6@va.gov of intent of attending the Pre-bid conference call, and walk-through.

Contractors are to meet at the facilities office Building 21 for the project walk-through.

Contractors may be required to wear facility provided medical grade face masks while on site.

Proposals must be e-mailed. Proposals must be received by August 15, 2024, by 2:00 PM CT.

It is the contractor's responsibility to make sure the proposal is received by the contracting officer.

This acquisition is a 100% Set-Aside for Service-Disabled Veteran Owned Small Business (SDVOSB). All Contractors and Joint Ventures must be certified in SBA Vetcert, and registered in SAM.gov at the time of proposal due date-through the time of award to be eligible for award. See FAR52.204-7(b)(1).

Notice: Clause 52.222-37 Employment Reports on Disabled Veterans and Veterans is incorporated by reference in this Solicitation. Public Law (PL 105-339) Section 1354 provides that no agency may enter 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).

X X 52.211-10 X

0-ZERO

2 pm

CDT

08-15-2024 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

Complete price/cost schedule pages 5-22 36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth

KS

66048 36C255 Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp Austin

TX

877-353-9791 512-460-5429 X

Table of Contents

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM I, GENERAL CONSTRUCTION: BASE BID: Work includes general construction, necessary removal of existing building elements and phased construction for the Environmental Management Area as documented in the specifications and drawings.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 236220 - Commercial and Institutional Building Construction PRODUCT/SERVICE CODE: Z2DA - Repair or Alteration of Hospitals and Infirmaries

Page 1 of Page 1 of

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

PROPOSAL INSTRUCTIONS TO OFFERORS

FOR LOWEST PRICE TECHNICALLY ACCEPTABLE COMPETITION

SOLICITATION: 36C25524R0104

PROJECT: Renovate Environmental Management Area, 589A4-23-051 LOCATION: Department of Veteran Affairs, Columbia, Missouri VAMC

1. PREPARATION AND SUBMITTAL OF PROPOSALS

a. GENERAL INFORMATION.

Selection of an offeror for contract award will be made based on 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. The Six (6) evaluation factors for determination of technical acceptability consist of:

NOTE: Failure to comply with the RFP requirements may 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 e-mail a three files to the following e-mail addresses: jeanette.mathena@va.gov and james.petrik@va.gov . The package shall include:

Volume 1 Technical Proposal and EMR Appendix 2, 852.219-75 VA Notice of Limitations on Subcontracting - Certificate of Compliance for Services and Construction Volume 2 Price Proposal-1442, Amendments and Appendix 1, Volume 3 - Bid Bond

Marked: ORIGINAL - RESPONSE TO RFP – 36C25524R0104

2. DOCUMENTS TO SUBMIT.

The proposal documents to be included in the e-mail identified above consist of:

a. STANDARD FORM 1442. Submit the SF 1442 issued under this solicitation, with Blocks 10 (DUNS Number) and Blocks 14 through 20 properly filled-out by the Offeror. Include acknowledgment of any and all Amendments that may have been issued, either by: (1) listing them in Block 19 of the SF 1442, or (2) including copies of the Amendment document(s) (Standard Form 30) with Blocks 8 and 15 filled in and signed, or (3) including signed acknowledgement in the form of a separate letter that includes a reference to the solicitation and amendment numbers. NOTE: Failure to acknowledge any and all Amendments issued pursuant to this solicitation may be cause for rejection of your offer.

b. OFFER GUARANTEE (BID BOND). In accordance with solicitation provision 52.228-1, Bid Guarantee, failure to furnish a bid guarantee, in the proper form and amount, by the deadline established for submitting offers, may be cause for rejection of the offer.

c. DOCUMENTATION OF TECHNICAL ACCEPTABILITY. Technical Proposal and EMR Appendix 2, 852.219-75 VA Notice of Limitations on Subcontracting - Certificate of Compliance for Services and Construction. Price Breakdown by Division.

Proposals received in response to this solicitation will be evaluated in accordance with procedures outlined in Federal Acquisition Regulations (FAR) Part 15.101-2 for the Lowest Price Technically Acceptable (LPTA) Offer.

The following significant Evaluation Factors will be used as the basis for determining Technical Acceptability:

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 TWO (2), and no more than THREE (3), 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 involve:

A. Construction work, in an active hospital or medical facility, as a prime contractor.

B. A dollar magnitude equal to, or greater than $2,000,000.00.

C. 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.

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

Factor 1 SPECIAL NOTE 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. 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 they have the technical qualifications and experience needed to meet the technical performance requirements of this project. Offerors must submit no less than TWO (2) examples of their technical construction experience with projects that involved technical requirements similar to the requirements of this project. The construction project submitted must involve:

For each of the submitted Technical Construction Experience projects, provide the following information:

FACTOR 3: TECHNICAL EXPERIENCE OF THE DIRECT DIGITAL CONTROLS SUBCONTRACTOR.

Offerors must provide evidence that the Direct Digital Controls subcontractor has the technical qualifications to self-perform and experience needed to meet the technical performance requirements of this project. To be evaluated as technical experience the information submitted by offerors must involve the following:

A. Work under the NAICS code 238220, Plumbing, Heating, and Air- Conditioning Contractor.

B. Ability to meet the technical requirements of specification section 23 09 23, Direct-Digital Control system for HVAC.

C. Products or services of proposed manufacturer, suppliers and installers as follows:

1. Direct Digital Controls contractor is currently and regularly engaged in design, fabrication, and installation of HVAC control systems for hospital and/or medical centers usage.

2. Provide a list of two or more hospital and/or medical center installations where, service-related fabrication & installation of direct digital controls systems, within the past five years. Include the names and addresses of the hospital and/or medical center and the point of contact

3. Directs Digital Controls contractor has technical qualifications of at least five years of experience. Provide certifications and Company Resume/Bio of trained supervisory personnel, installation personnel, and facilities used to complete installation of control systems as required by contract documents.

4. Proposed Direct Digital Controls contractor shall submit a list of two or more prior hospital and/or medical center installations where all the contractor controls equipment they propose to furnish on this project has performed satisfactorily together under conditions of normal use. The list shall include projects that have been in operation for a period of not less than two years preceding the date of these specifications. Include the names and addresses of the hospital and/or medical center and the names of the hospital and/or medical center and the point of contact. Also included shall be project cost of direct digital control installation and project completion date.

5. Direct Digital Controls contractor shall submit proof of Tridium Niagara N4 certifications by submitting training certification.

Special Note: When an offeror submits its proposal in response to this Request for Proposals, and the name and experience of a specific subcontractor is a required evaluation factor, then that subcontractor who is offered will be the same subcontractor who will actually perform the specified work on the project. If, during performance of the contract, it becomes necessary for the contractor to substitute a subcontractor 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 subcontractor. The Contracting Officer shall have the right to review the qualifications of the proposed substitute subcontractor and to approve or disapprove its qualifications. If the proposed substitute subcontractor's qualifications are disapproved by the Contracting Officer, the contractor will propose another subcontractor who does possess equivalent qualifications.

FACTOR 4: TECHNICAL EXPERIENCE OF THE MECHANICAL SUBCONTRACTOR.

Offerors must provide evidence that the Mechanical subcontractor has the technical qualifications to self-perform and experience needed to meet the technical performance requirements of this project. To be evaluated as technical experience the information submitted by offerors must involve the following:

A. Work under the NAICS code 238220, Plumbing, Heating, and Air- Conditioning Contractor.

B. Ability to meet the technical requirements of specification Division 23 – Heating, Ventilating, and Air Conditioning (HVAC).

C. Products or services of proposed manufacturer, suppliers and installers as follows:

1. Mechanical contractor is currently and regularly engaged in design, fabrication, and installation of HVAC systems for hospital and/or medical centers usage.

2. Provide a list of two or more hospital and/or medical center installations where service-related fabrication & installation of mechanical systems, to include duct work, within the past five years. Include the names and addresses of the hospital and/or medical center and the point of contact.

3. Mechanical contractor has technical qualifications of at least five years of experience. Provide certifications and Company Resume/Bio of trained supervisory personnel, installation personnel, and facilities used to complete installation of mechanical works as required by contract documents.

4. Proposed Mechanical contractor shall submit a list of two or more prior hospital and/or medical center installations where all the equipment/material they propose to furnish on this project has performed satisfactorily together under conditions of normal use. The list shall include projects that have been in operation for a period of not less than two years preceding the date of these specifications. Include the names and addresses of the hospital and/or medical center and the names of the hospital and/or medical center and the point of contact. Also included shall be project cost of mechanical installation and project completion date.

Special Note: When an offeror submits its proposal in response to this Request for Proposals, and the name and experience of a specific subcontractor is a required evaluation factor, then that subcontractor who is offered will be the same subcontractor who will actually perform the specified work on the project. If, during performance of the contract, it becomes necessary for the contractor to substitute a subcontractor 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 subcontractor. The Contracting Officer shall have the right to review the qualifications of the proposed substitute subcontractor and to approve or disapprove its qualifications. If the proposed substitute subcontractor's qualifications are disapproved by the Contracting Officer, the contractor will propose another subcontractor who does possess equivalent qualifications.

FACTOR 5. TECHNICAL QUALIFICATIONS OF PROPOSED KEY PERSONNEL.

To be Technically Acceptable, qualified offerors must submit a detailed resume of each key individual. This will be evaluated to determine if they have the appropriate technical training and or previous construction experience to meet the technical requirements directly related to demolition and renovation for an active hospital or medical facility, with emphasis on Environmental Management/Housekeeping Service Area or similar construction. Project Manager and Superintendent cannot be the same person No one individual can perform more than two of the staffing positions below:

(a.) Project Manager – Must have a minimum of 5 years’ experience as a project manager must provide a minimum of 3 projects with similar scope of this project. Provide the name of the construction contract, and the contract ID number; The name of the contracting agency or organization the contract was awarded by; The date of the construction contract award and the contract award amount in dollars; The date of the construction contract completion, and the final contract amount, in dollars; A brief description of the construction contract scope of work; Identification of at least one point-of-contact at the organization that awarded the submitted contract, including: the name of the point-of-contact; their current mailing address; phone number; and email address (if applicable). Note: Project Manager will be required to attend weekly project meetings in person at the station facilities office.

(b). Quality Control manager – Provide a minimum of 3 projects with similar scope of this project that they have acted as the QC manager. Provide the name of the construction contract, and the contract ID number; The name of the contracting agency or organization the contract was awarded by; and the date of the construction contract award. A brief description of the construction contract scope of work and the QC program that was implemented.; Identify at least one point-of-contact at the organization that awarded the submitted contract, including: the name of the point-of-contact; their current mailing address; phone number; and email address (if applicable).

(c.) On Site Safety Officer; must have OSHA 30 training (must provide certificate) with a minimum of 5 years of experience as a safety officer.; provide a list of safety training, which includes at a minimum life safety, excavation safety, fall protection training, scaffold safety, crane/rigging safety. Provide a minimum of 3 projects with similar scope of this project. Provide the name of the construction contract, and the contract ID number; The name of the contracting agency or organization the contract was awarded by; Provide a brief description of the construction contract scope of work and how the safety program was implemented; Identify at least one point-of-contact at the organization that awarded the submitted contract, including: the name of the point-of-contact; their current mailing address; phone number; and email address (if applicable). Note: On site Safety Officer must be on site when work is being completed.

(d) On Site Superintendent: Must have minimum of 5 years’ experience as a site superintendent and must have OSHA 30 training (must provide certificate).

Provide at least 3 projects as a site superintendent with similar scope of this project.

Provide the name of the construction contract, and the contract ID number.

The name of the contracting agency or organization the contract was awarded by.

The date of the construction contract award and the contract award amount in dollars.

The date of the construction contract completion, and the final contract amount, in dollars.

A brief description of the construction contract scope of work; Identification of at least one point-of-contact at the organization that awarded the submitted contract, including: the name of the point-of- contact; their current mailing address; phone number; and email address (if applicable). Note: On Site Superintendent will be required to attend weekly project meetings in person at the station facilities office and must be on site when work is being completed.

Special Note: When an offeror submits its proposal in response to this Request for Proposals, and the name and experience of a specific subcontractor is a required evaluation factor, then that subcontractor who is offered will be the same subcontractor who will actually perform the specified work on the project. If, during performance of the contract, it becomes necessary for the contractor to substitute a subcontractor 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 subcontractor. The Contracting Officer shall have the right to review the qualifications of the proposed substitute subcontractor and to approve or disapprove its qualifications. If the proposed substitute subcontractor's qualifications are disapproved by the Contracting Officer, the contractor will propose another subcontractor who does possess equivalent qualifications.

FACTOR 6: PRIME CONTRACTOR SAFETY PLAN

Offerors must provide a construction safety plan:

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 impact patient care and completing all work in accordance with all construction documents and all local/State/Federal rules and regulations.

d. PRICE PROPOSAL.

Price is to be submitted on page 5. Offerors must provide a price for each contract line item. In addition, offerors shall include a breakdown of material and labor costs, by specification division for each bid item. Overhead, profit and bond costs shall be added after a subtotal of materials and labor costs has been calculated see Appendix 1.

Note: It is intended that award will be made on contract line item 1.

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-cost 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.

2. When an offeror submits its proposal in response to this Request for Proposals, and the name and experience of a specific subcontractor is a required evaluation factor, then that subcontractor who is offered will be the same subcontractor who will actually perform the specified work on the project. If, during performance of the contract, it becomes necessary for the contractor to substitute a subcontractor 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 subcontractor. The Contracting Officer shall have the right to review the qualifications of the proposed substitute subcontractor and to approve or disapprove its qualifications. If the proposed substitute subcontractor's qualifications are disapproved by the Contracting Officer, the contractor will propose another subcontractor who does possess equivalent qualifications.

C5. SAFETY OR ENVIRONMENTAL VIOLATIONS AND EXPERIENCE MODIFICATION RATE

All Bidders/Offerors shall submit the following 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.

All Bidders/Offerors shall submit information regarding their current Experience Modification Rate (EMR) 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.

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.

A Determination of Responsibility will be accomplished for the apparent awardee prior to processing the award. 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 the Determination of Responsibility. Failure to affirm being within the guidelines above or submit this information will result in a determination of “Non-Responsibility” for the bidder/offeror. NOTE: Any information received by the Government that would cause for a negative Determination of Responsibility will make the bidder/offeror ineligible for award.

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

(END OF INSTRUCTIONS TO OFFERORS)

APPENDIX 1-PRICE BREAKDOWN AND CALCULATION OF SELF-PERFORMED/SUBCONTRACTED WORK

Provide a breakdown of material and personnel costs, by specification division listed for the project. Home Office overhead, profit/fee and bond costs shall be added after a subtotal of personnel and material/Equipment costs has been calculated. Clearly identify the personnel costs you will be performing, and the personnel costs of other eligible service-disabled veteran owned-small business concerns. Below is the required format.

(THIS DOCUMENT MUST BE COMPLETED FOR EACH BID ITEM.)

Division 01

Division 02

Division 03

Division 05

Division 06

Division 07

Division 08

Division 09

Division 10

Division 11

Division 14

Division 21

Division 22

Division 23

Division 26

Division 27

Division 28

Calculation of self-performed personnel costs:

1. Total personnel costs ** both prime and all subcontractors: $________________

2. Subtract all subcontractor personnel costs** that are not SDVOSB companies that will perform work on this contract: $________________

3. Remainder is ‘Total amount of work to be self-performed under the Contract’: $________________

4. Self-performed work = Line 3/Line 1 x 100 = __________%

I certify the above representations are true and correct to the best of my knowledge.

(Title of Authorized Representative)

APPENDIX 2 - Pre-Award Contractor Safety and Environmental Record Evaluation Form

Information provided below is current and applicable to Solicitation 36C25522R0053:

Company Name: ______________________________________________ Address: _____________________________________________________ Telephone: ______________________ Fax: ________________________ Email: _______________________________________________________ Contact: ______________________________________________________

1. Utilizing your OSHA 300 Forms, please complete the following information:

Number of man hours (jobsite and office).

Number of cases involving days away from work, restricted activity, or both (Column H and I of OSHA 300).

Days away, restricted, or transferred rate (# of days away, restricted, or transferred cases x 200,000/# of man hours) (DART Rate).

Number of serious, willful, or repeat violations from OSHA within the last 3 years. Please attach explanation for any violations.

Please attach copies of the following documents: OSHA 300 and 300a Forms. These forms can be accessed through the OSHA publications search page: http://www.osha.gov/pls/publications/publication.html.

2. Provide six-digit North American Industrial Classification System (NAICS) Code for this acquisition: __________________________________

3. Who administers your company’s Safety and Health Program? ____________________________

4. Company’s Insurance Experience Modification Rate (EMR): ____________________________

2.1 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (NOV 2022)

(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) [] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219–73 or VOSBs as set forth in 852.219–74. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) [] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219–73or VOSBs as set forth in 852.219–74. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) [] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219–73 or VOSBs as set forth in 852.219–74. Any work that a similarly situated subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(3) If VA determines that an SDVOSB/ VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating section 1001 of title 18.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee: ___________ Printed Title of Signee: _____________ Signature: ____________ Date: ______________ Company Name and Address: _______________ (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 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

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

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

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

(End of Provision)

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

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

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

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.