36C25724B0018_1.docx

A.1 VAAR 852.232-70 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS– CPM) (NOV 2018) The clause FAR 52.232–5, Payments Under Fixed-Price Construction Contracts, is implemented as follows:

(a) Retainage.

(1) The Contracting Officer may retain funds—

(i) Where performance under the contract has been determined to be deficient or the Contractor has performed in an unsatisfactory manner in the past; or

(ii) As the contract nears completion, to ensure that deficiencies will be corrected and that completion is timely.

(2) Examples of deficient performance justifying a retention of funds include, but are not restricted to, the following—

(i) Unsatisfactory progress as determined by the Contracting Officer;

(ii) Failure to meet schedule in Schedule of Work Progress;

(iii) Failure to present submittals in a timely manner; or

(iv) Failure to comply in good faith with approved subcontracting plans, certifications, or contract requirements.

(3) Any level of retention shall not exceed 10 percent either where there is determined to be unsatisfactory performance, or when the retainage is to ensure satisfactory completion. Retained amounts shall be paid promptly upon completion of all contract requirements, but nothing contained in this paragraph (a)(3) shall be construed as limiting the Contracting Officer’s right to withhold funds under other provisions of the contract or in accordance with the general law and regulations regarding the administration of Government contracts.

(b) The Contractor shall submit a schedule of cost to the Contracting Officer for approval within 30 calendar days after date of receipt of notice to proceed. Such schedule will be signed and submitted in triplicate. The approved cost schedule will be one of the bases for determining progress payments to the Contractor for work completed. This schedule shall show cost by the work activity/event for each building or unit of the contract, as instructed by the resident engineer.

(1) The work activities/events shall be subdivided into as many sub-activities/events as are necessary to cover all component parts of the contract work.

(2) Costs as shown on this schedule must be true costs and the resident engineer may require the Contractor to submit the original estimate sheets or other information to substantiate the detailed makeup of the schedule.

(3) The sums of the sub-activities/events, as applied to each work activity/event, shall equal the total cost of such work activity/event. The total cost of all work activities/events shall equal the contract price.

(4) Insurance and similar items shall be prorated and included in the cost of each branch of the work.

(5) The cost schedule shall include separate cost information for the systems listed in the table in this paragraph (b)(5). The percentages listed in the following table are proportions of the cost listed in the Contractor’s cost schedule and identify, for payment purposes, the value of the work to adjust, correct and test systems after the material has been installed. Payment of the listed percentages will be made only after the Contractor has demonstrated that each of the systems is substantially complete and operates as required by the contract.

VALUE OF ADJUSTING, CORRECTING, AND TESTING SYSTEM

(c) In addition to this cost schedule, the Contractor shall submit such unit costs as may be specifically requested. The unit costs shall be those used by the Contractor in preparing its bid and will not be binding as pertaining to any contract changes.

(d) The Contracting Officer will consider for monthly progress payments material and/or equipment procured by the Contractor and stored on the construction site, as space is available, or at a local approved location off the site, under such terms and conditions as the Contracting Officer approves, including but not limited to the following—

(1) The materials or equipment are in accordance with the contract requirements and/or approved samples and shop drawings;

(2) The materials and/or equipment are approved by the resident engineer;

(3) The materials and/or equipment are stored separately and are readily available for inspection and inventory by the resident engineer;

(4) The materials and/or equipment are protected against weather, theft and other hazards and are not subjected to deterioration; and

(5) The Contractor obtains the concurrence of its surety for off-site storage.

(e) The Government reserves the right to withhold payment until samples, shop drawings, engineer’s certificates, additional bonds, payrolls, weekly statements of compliance, proof of title, nondiscrimination compliance reports, or any other requirements of this contract, have been submitted to the satisfaction of the Contracting Officer.

(f) The Contracting Officer will notify the Contractor in writing within 10 calendar-days of exercising retainage against any payment in accordance with FAR clause 52.232–5(e). The notice shall disclose the amount of the retainage in value and percent retained from the payment, and provide explanation for the retainage.

(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.

36C25724B0018 X 08-19-2024

TBD

549A-22-422 36C257 Department Of Veterans Affairs Central Texas Veterans HCS 1901 Veterans Memorial Dr. Building 171 Temple

TX

76504 Department of Veterans Affairs Central Texas Veterans HCS 1901 Veterans Memorial Dr. Building #171 Temple

TX

76504 Nicholas Smith Award is subject to the availability of funds.

Acquisition Title : Replace Burners and Controls Contractor shall provide all necessary labor, materials, equipment, and supervision to complete all required project work in accordance with the provided SOW, Specifications, and Drawings. The project is located at Sam Rayburn Memorial VA Medical Center, 1201 E 9th Street, Bonham Texas 75418.

This is a competitive requirement Set Aside for 100% Service Disabled Veteran Owned Small Business (SDVOSB).

The Magnitude of the construction project is between $1,000,000 and $2,000,000 PER VAAR 836.204.

The applicable North American Industry Classification System (NAICS) code for this project is 238220 (19 M)

The Pre-Bid Site Visit to be held on August 28, 2024 at 0900 CST; Contractors are highly encouraged to attend.

Cut off for submission of RFI(s)/Questions shall be September 4, 2024 @ 2:00 PM CST. All RFI(s)/Questions must be emailed to the following email: nicholas.smith21@va.gov. Please include the solicitation No. 36C25724B0018 on subject line. RFI(s)/Questions must be submitted in word format.

All Bidders must submit a Bid Guarantee as part of their Bid Package. Additionally, the Awardee must be able to obtain the necessary level of performance and payment bonds by the date and time as stated in Block 13a below.

Please include the solicitation No. 36C25724B0018 on the subject line of your email when submitting your bid package.

Funds are not currently available for this solicitation. Award of a contract as a result of this solicitation is contingent upon the availability of appropriated funds from which payment of this contract may be made.

There shall be no legal liability on the part of the Government for contract purposes until funds are made available to the Contracting Officer. The Contracting Officer will confirm availability of funds prior to award of a contract.

The awardee of this contract will be required to provide a Superintendent at all times work is being performed on the project (see clause at FAR 52.236-6). The Superintendent is considered a key position. This position SHALL NOT be subcontracted and must work directly for the prime contractor.

X X 52.211-10 X

11:00 AM

CDT

09-19-2024 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

36C257 Department Of Veterans Affairs Central Texas Veterans HCS 1901 Veterans Memorial Dr. Building 171 Temple

TX

76504 This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

(877) 353-9791

(512) 460-5540

Table of Contents

A.4 PRICE/COST SCHEDULE

ITEM INFORMATION

Per the statement of work, work shall include installation, but is not limited to the following: Install Burners & Burner Controls meeting all current NFPA requirements. Construct Catwalk for All Boilers. Perform Water Softener pre-treatment for the boilers. Period of Performance is 180 Days after notice to proceed.

PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors

Performance and Payment Bonds : Period of Performance is 180 days after notice to proceed.

INSTRUCTIONS FOR CALCULATION OF SELF-PERFORMED WORK IAW “Limitations on Subcontracting” (VAAR 852.219-73)

OFFEROR’S SELF PERFORMED ESTIMATED CALCULATIONS

At the time of proposal Offeror’s are required to complete.

1. Offeror’s total proposed price: $ __________

1. Cost of Materials $ __________

1. Total excluding materials (a-b) $ __________

1. Amount projected to be paid to non-VIP listed SDVOSBs: $ __________

1. Offeror’s percentage of estimated Non VIP work (d/c X 100 = %) __________%

1. Offeror’s percentage of estimated self-performed work (100 – e = %) __________%

A/E-Services. In the case of a contract for services (except construction), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed VOSBs.

General construction. In the case of a contract for general construction, it will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

Special trade contractors. In the case of a contract for special trade contractors, it will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

OSHA -EMR Requirement OSHA or EPA Violation(s):

1. Offerors shall provide Summary of Work-Related Injuries and Illnesses, affirming that the

1. Offeror has no more than three serious, or one repeat, or one willful OSHA or EPA violation(s) in the past 3 years

Experience Modification Rate (EMR):

(1) Offerors shall provide documentation to show that the offeror has an Experience Modification Rate (EMR) of equal to or less than 1.0.

STATEMENT OF WORK

INSTALLATION OF REPLACE BOILER BURNERS & CONTROLS

PROJECT #: 549A4-22-422

June 15, 2024

1. SCOPE: Replace Boiler Burners, Burners Controls, Maintenance Catwalks, and Water Softener for three boilers. Boilers: Replace Boiler to QTY 2 each 400 HP Weishaupt, and One 200 HP Weishaupt in accordance with the TIL Technical Information Library (TIL) - Office of Construction & Facilities Management (va.gov) Located in Building 11 at the Sam Rayburn Memorial VA Center located in Bonham, TX. Duration of work is 180 days after NTP has been issued.

1. CONTRACTOR RESPONSIBILITIES: The Contractor shall exercise extreme care to avoid damaging Government property such as buildings, equipment, trees, shrubs, or turf. Any damage to Government property by the Contractor shall be repaired by the Contractor to its original condition at no additional cost to the Government. The contractor shall restore ALL disturbed grounds to existing conditions. The Contractor shall ensure that all materials are new, free from defects, imperfections and asbestos free (NO ASBESTOS CONTAINING MATERIALS SHALL BE USED ON THIS PROJECT).

1. SCHEDULE OF WORK: The Contractor shall notify the Contracting Officer’s Representative (COR) prior to start of work. The Contractor shall schedule work through the COR. The Contractor shall coordinate work with COR NLT 3 days before starting work. Work shall be completed with-in 365 days of NTP. Other contractors may be working in the same area performing other work. The contractor shall execute work in a manner so as not to impede other contract work.

1. HOURS OF WORK: The normal hours of work are 07:30 to 16:15 (4:15) Monday through Friday. Work shall be performed during normal work hours. Work to be performed in other than normal hours shall be approved by the Contracting Officer’s Representative.

1. WORKMANSHIP: All work under this contract shall conform to the standards of these specifications. The Contractor at no additional cost to the Government shall correct work not meeting these specifications. Work shall be accomplished by mechanics skilled in the trade.

1. DAILY PROGRESS REPORTS: The Contractor shall provide daily reports and no later than 9:00 AM, a progress report of work accomplished the previous day to COR.

1. WORKING CONDITIONS: The buildings and the surrounding site areas will be occupied, and Government operations will continue on a normal, temporary or restricted basis for the duration of the contract. The Contractor shall take all precautions to ensure that his operations are conducted in a manner so as not to interfere with the normal operation of surrounding facilities. The Contractor shall execute work in a safe manner and shall not subject personnel to unsafe conditions. The Contractor shall provide safety barricades, devices, and equipment to protect personnel and property and repair damage caused by construction operations. Take all precautions to protect the building and its occupants during the construction period.

1. SITE VISIT: All site visits will be coordinated through Contracting Office.

1. GEMS: Disposal of materials removed under this contract at an approved disposal site in accordance with all local, state, and federal laws, regulations, and guidelines are the Contractor’s sole responsibility. The contractor shall adhere to all OSHA requirements concerning removal, transporting, and disposal of the material in accordance with the TIL Technical Information Library (TIL) - Office of Construction & Facilities Management (va.gov).

1. CLEAN-UP: The Contractor shall keep the area neat and tidy and free of debris at the end of each workday.

1. TEMPORARY FACILITIES: Temporary electrical power and water may be provided by the Government at no cost to the Contractor from existing lines and sources located at the building site. The characteristics and source locations may be verified by a visit to the site. The Contractor shall provide ample temporary storage shed space for materials requiring shelter from the weather, and security and safety protection. Storage facilities shall be in the areas of the facility designated by the Contracting Officer’s Representative.

1. SAFETY AND FIRE: All fire and safety rules and regulations are applicable; NFPA and SBCCI dated 1999. The Contractor shall comply with EM385-1-1 dated 1987 for minimum safety requirements and in accordance with the TIL Technical Information Library (TIL) - Office of Construction & Facilities Management (va.gov).

1. PERMITS: The Contractor shall be responsible for obtaining any licenses and permits and complying with any laws, codes, and regulations applicable to the execution of this work as required Federally and by the State of Texas.

1. WARRANTEE: The contractor shall warrantee work to be free of defects and workmanship for a period of 1 year from the close out of the entirety of the project.

1. STATEMENT OF WORK: The Contractor shall perform installation for all materials and components in accordance with the TIL Technical Information Library (TIL) - Office of Construction & Facilities Management (va.gov).

Work shall include installation, but is not limited to the following:

0. Install Burners & Burner Controls meeting all current NFPA requirements.

0. Control Panel

0. Gas Train and valves

0. Motor Starter Control Panel with VFD

0. Flue gas recirculation kit

0. NFPA Oil Train

0. Air / Gas Separator

0. Commissioning and T&B

0. Construct Catwalk for All Boilers

1. Construct catwalks around the boiler economizer at the top of the boilers.

1. Catwalk needs to accessible from the floor of the boiler plant.

1. Include spring loaded gates.

1. QUALITY ASSURANCE: The Contracting Officer (CO)/Contracting Officer Representative (COR) reserves the right to conduct any inspections or perform any tests deemed necessary at any time during the execution of the contract to determine conformance with the requirements of theses specifications.

1. SUBMITTALS:

The contractor shall provide with their quote the following information:

ITEM DESCRIPTION

Doors Submit manufacturer's descriptive literature for screens and any accessories required to complete the work. Include data and details on screen construction and motorized components.

END OF SECTION

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

PREPARATION OF BIDS

To ensure responsiveness of submitted bids, bidders shall follow the instructions contained herein. These instructions prescribe the format of the bid and describe the approach for development and presentation of the bid package. These instructions are designed to ensure the submission of necessary information. Bidders are required to meet all solicitation requirements, including terms and conditions, representations and certifications. The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Interested bidders shall be solely responsible for all costs associated with this solicitation including but not limited to the preparation of bids.

1. Bids shall be (1) submitted on the forms furnished by the Government or on copies of those forms; and (2) manually signed. The person signing a bid shall initial each erasure or change appearing on any proposal form.

2. Bidders shall submit proposed prices for ALL bid items as listed in the bid schedule. Failure to submit proposed prices for ALL bid items will result in the bid being rejected as nonresponsive without further consideration.

3. Alternate bids Will NOT be considered unless this solicitation authorizes their submission.

4. BID SUBMISSION:

The following documents shall be submitted to the Contracting Officer on the due date and time listed on the SF 1442. Electronic bids transmitted through email are the only authorized form of submission under this solicitation. One (1) emailed electronic PDF document of the bid shall be submitted at the time of the bid opening. The emailed electronic PDF document of the bid shall be organized as follows:

a) Standard Form 1442: Page 2 of the SF1442 shall be completed and signed by the signatory authority. All blocks under section “OFFER” on page 2 of SF1442 (Item 14 thru 20C) shall be completed.

b) Price Schedule: Schedule of Prices/Description shall be completed by the bidder.

c) Standard Form 30: Amendment of Solicitation: Bidders shall be solely responsible for monitoring Government’s website https://sam.gov for amendments to this solicitation if any and acknowledge them in accordance with the requirements stipulated in this solicitation and amendments. Page 1 (Item 15A-15C) shall be completed.

d) Bid Bond: Duly executed Bid Bond/Guarantee: IAW FAR 52.228-1 Bid guarantee is required if the bid is expected to exceed $150,000. A bid guarantee is required in an amount not less than 20 percent of the bid price but shall not exceed $3,000,000.

e) Representations and Certifications Clause: 52.204-8 Annual Representations and Certifications: since 52.204-7 is incorporated by reference in this solicitation, paragraph (d) under clause 52.204-8 applies to this contract. Bidder shall check the box in front of paragraph (2)(i) under clause 52.204-8 and indicate any changes under paragraph (d) of clause 52.204-8. If no change has been made to the bidder’s annual representations and certifications accessed through https://sam.gov, please indicate “NONE”. Print out this clause in its entirety and submit it with the bid or you can submit your SAM.gov Reps and Certs on-line printout.

f) SBA VetCert Registration (evidence of SDVOSB Status): Evidence of certification from the U.S. Small Business Administration (SBA) Veteran Small Business Certification (VetCert) Program showing your firm as an eligible, visible, and certified Service-Disabled Veteran Owned Small Business (SDVOSB). To be eligible for award, Bidders are required to register their businesses at https://veterans.certify.sba.gov.

g) SAM.gov Registration: Please be advised that to be eligible for award, Bidders are required to register their businesses at https://sam.gov and complete the Reps and Certs Section. The bidder shall have an active registration in SAM at the time of bid submission otherwise the Contracting Officer shall deem the bidder’s bid non-responsive to the solicitation requirements (See FAR 52.204-7).

h) VAAR Clause 852.219-75 VA Notice of Limitations on Subcontracting: Print out this clause in its entirety and submit the completed certification portion with the bid.

i) Calculations on Self-Performed Work: Complete the Self-Performed Work Calculations and return with the bid.

j) 52.219-28 Post-Award Small Business Program Representation: (Required if Applicable) If the Contractor does not have representations and certifications in SAM.gov or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete Section (h) of this clause. Print out this clause in its entirety and complete Section (h), the authorized signer must sign and date.

k) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment: Print out this clause in its entirety and complete (d)(1) and (d)(2).

l) Vets-4212 Forms: The bidder shall affirm that they have filed the Vets 4212 Report forms for prior fiscal year if the bid is expected to exceed $150,000. Contractors are required to submit a required annual Form VETS-4212, Federal Contractor Veterans' Employment Report in all cases where the contractor or subcontractor has received an award of $150,000 or more in any fiscal year. Contracting Officers are prohibited from awarding a contract to a contractor that has not submitted a required VETS-4212 Report with respect to the preceding fiscal year if the contractor was subject to the reporting requirement of 38 U.S.C. 4212(d). Submit this report as soon as possible, if not already submitted, to avoid delays in the contract award process. For more information on this requirement and/or for completing the web-based reporting form, visit the following website https://www.dol.gov/agencies/vets/programs/vets4212. See FAR provision 52.222-38, Compliance with Veterans' Employment Reporting Requirements under Representations and Certifications and FAR clause 52.222-37, Employment Reports on Veterans.

m) SAFETY:

The Bidder shall submit the following information: (For a partnership or joint venture, the following submittal requirements are required for each Contractor who is part of the partnership or joint venture and for the entity itself. EMR shall not be submitted for subcontractors.)

(1) Occupational Safety and Health Administration (OSHA) and Environmental Protection Agency (EPA) Violation(s):

Bidders shall provide Summary of Work-Related Injuries and Illnesses, affirming that the Bidder has no more than three serious, or one repeat, or one willful Occupational Safety and Health Administration (OSHA) and Environmental Protection Agency (EPA) violation(s) in the past 3 years.

(2) Experience Modification Rate (EMR):

Bidders shall provide documentation (letter from insurance carrier) to show that the bidder has an Experience Modification Rate (EMR) of equal to or less than 1.0. If a Bidder’s EMR is above 1.0, Bidder must submit a written explanation of the EMR from its insurance carrier furnished on the insurance carrier’s letterhead, describing the reasons for the elevated EMR and the anticipated date the EMR may be reduced to 1.0 or below.

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

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

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

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

Note: Failure to submit all aforementioned documents (a-m) shall result in a nonresponsive bid and the bid shall not be considered.

5. Bids shall be submitted electronically to the email address below by or on the due date set forth in this solicitation, Page 1, Form SF1442, Block 13:

a) Contract Specialist: Nicholas Smith Email: nicholas.smith21@va.gov

b) Contracting Officer: Rhonda Richardson Email: rhonda.richardson5@va.gov

The Email Subject Line Shall include the Solicitation Number and Project Title

It is solely the responsibility of the bidders to ensure the Government receives the bids before or on the exact due date and time set forth in this solicitation. Emails are limited to five (5) MB.

REQUESTS FOR INFORMATION (RFIs)

1. To obtain clarifications and/or additional information concerning the solicitation requirements, specifications and/or drawings, or any other issue pertaining to the advertisement for bids, submit an RFI via email to the attention of the Contract Specialist at nicholas.smith21@va.gov. The email subject line shall include the Solicitation number and project title.

a. RFIs related to the project technical documents must be specific identifying section, paragraph and page no. of the specifications or cite the drawing number and must be in question format.

b. RFIs related to the solicitation or other related documents shall refer to the specific provision, clause, etc. All requests for information must be submitted via email to the Contracting Officer for action no later than the date shown in Block 10 of the Standard Form 1442, Solicitation, Offer and Award. No phone or faxed inquiry will be accepted. No questions will be answered after this date unless determined to be in the best interest of the Government as deemed by the Contracting Officer.

2. Government’s responses to inquiries will be issued in the form of an amendment to the original solicitation and posted to the same website where this solicitation is posted: https://sam.gov. All interested bidders including those submitting inquiries are required to monitor the above website for any posted amendments and acknowledge them in accordance with the instructions provided in the amendments as well as in this solicitation.

BID OPENING

1. A public Bid Opening shall be a virtual public bid opening conducted the day bids are due. The time for this virtual public bid opening will start at 2:45 p.m. Central Standard Time (CST) with bid opening beginning promptly at 3:00 p.m. CST.

2. A Virtual Bid Opening will be held on September 19, 2024, via Teams. Bids shall be opened by the Contract Specialist, and Contracting Officer witnessed, and recorded on an official Bid Abstract. Bid Abstracts will be available upon request via email. Please access the bid opening via the following link https://teams.microsoft.com/l/meetup-join/19%3ameeting_MzE4ZWI5YzktNTI3ZC00ZGJiLWJmYTItYjM2Y2MyOTU0NDI4%40thread.v2/0?context=%7b%22Tid%22%3a%22e95f1b23-abaf-45ee-821d-b7ab251ab3bf%22%2c%22Oid%22%3a%22103d7cfe-52b4-456a-ae90-6c296a15f1cd%22%7d

3. Attendance at the bid opening is not mandatory. You must have access to Microsoft Teams or the ability to dial-in. No other opportunities for a bid opening will be provided. Questions will not be answered at the bid opening. Bids shall be opened by the bid opening officer and recorded on an official Bid Abstract. Bid Abstracts will be available upon request via email to: nicholas.smith21@va.gov.

Bid Opening Tentative Schedule:

Date: September 19, 2024 2:45 PM CST: Meeting Begins 2:55 PM CST: Instructions for Bid Opening 2:59 PM CST: One Minute Announcement of Opening of Bids 3:00 PM CST: Bid Opening Begins

BID EVALUATION

1. All bids submitted on time and in accordance with provision 52.214-5 will be evaluated for the conformance to all requirements of this solicitation. Any bid that fails to conform to the requirements of this solicitation will be determined non-responsive and therefore rejected.

2. Bid prices will be evaluated as follows:

a) For the purpose of determining the low bid conforming to the solicitation, the Government will evaluate the proposed total schedule bid items and make an award on the proposed total schedule bid items to the bidder whose bid conforms to this solicitation and is deemed the most advantageous to the Government.

BASIS FOR CONTRACT AWARD

1. Award will be made to the lowest responsible bidder whose bid conforms to this solicitation and is deemed the most advantageous to the Government, considering only price and price-related factors specified in this solicitation.

2. Award will be made in accordance with provision 52.214-19 Contract Award—Sealed Bidding—Construction incorporated by reference in this solicitation.

3. Determination of Responsibility:

a) Pursuant to FAR 9.103 prescribing that purchases shall be made from, and contracts shall be awarded to, responsible prospective contractors only, the Government will perform the determination of responsibility on the apparently lowest bidder whose bid is deemed conforming to the solicitation as stated under paragraph a). The Government’s determination of responsibility will be performed in accordance with FAR 9.1 and will include but not limited to the review of all federal excluded or debarred lists from different U.S. departments, and from the SAM.gov Responsibility/Qualification (R/Q) records, FedDataCheck Contractor Responsibility Assessment (CRA) Report; Dun and Bradstreet (D&B) Report; Contractor Performance Assessment Reporting System (CPARS), and Electronic Subcontract Reporting System (eSRS).

b) Since this solicitation is set aside 100% for Service-Disabled Veteran-Owned Small Business (SDVOSB), the Government will refer the matter to the Small Business Administration which will decide whether to issue a Certificate of Competency if the Government deems a potential SDVOSB awardee non-responsible.

OTHER IMPORTANT BIDDER INFORMATION:

WAGE DETERMINATION

The wage determination is included as an attachment to the solicitation and is applicable to any resultant contract. If necessary, subsequent revisions will be posted to the solicitation via amendment prior to bid opening. Revision may also be applicable prior to any contract award. Wage determinations are available at https://sam.gov/.

EXCLUSIONS

Exclusion record identifies parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits. Exclusions are also referred to as “suspensions” and “debarments.” The contractor is required to check exclusions located at https://sam.gov/ for each person or business providing services under this contract. During the performance of this contract the Contractor is prohibited from using any individual or business with active exclusions.

VHA-Pre-Construction Risk Assessment (VHA-PCRA). A VHA-PCRA is a formal assessment protocol required to identify potential safety risks in the health care facility environment (that evaluates the impacts of construction, renovation, and maintenance) and create mitigation strategies to prevent, reduce or eliminate them prior to the initiation of any construction-related activities. The assessment includes an assessment of potential risks to occupants for air quality, infection prevention and control, utility requirements, noise, vibration and any other hazards applicable to the work. The VHA-PCRA may also include a detailed VHA-Infection Control Risk Assessment (VHA-ICRA) to assess infection-related risks to patients and residents. See attached VHA-PCRA for bidder awareness of VA assessed risks and required mitigation(s) that may impact contractor work activities.

VHA-Infection Control Risk Assessment (VHA-ICRA). For those construction activities where the initial infection control review within the VHA-PCRA identifies potential risks of infectious disease transmission affecting the care, treatment or services of patients or residents, a detailed analysis must be conducted using the VHA-ICRA form to document an in-depth infection risk assessment(s) and identification of mitigation actions/activities. A VHA-ICRA is a systematic process, conducted as part of the VHA-PCRA, that determines the level of potential infection risks to patients or residents due to the physical environment throughout the construction and commissioning process and defines controls to reduce these infection related risks. See attached VHA-ICRA for bidder awareness of VA assessed risks and required mitigation(s) that may impact contractor work activities.

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)

1. As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (VA) evaluates contractor past performance on all construction contracts that exceed $750,000 and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that the contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement VA uses an online database, CPARS.

1. Each contractor whose construction contract award is estimated to exceed $750,000 is required to register with the CPARS database at the following web address: https://www.cpars.gov/ Help in registering can be obtained by contacting Customer Support Desk at 207-438-1690. Registration should occur no later than thirty days after contract award and must be kept current should there be any change to the contractor's registered representative.

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

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

2.1 52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of Provision)

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

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

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

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

(End of Provision)

2.3 52.201-1 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)

2.4 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. 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.