Attachment 03 - Contractor Safety and EMR - 2 pages.docx

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Attached to
Z2DA--Replace Boiler #2 and Correct Deficiencies at Boiler Plant
Solicitation number
36C24824R0178
Issued by

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This document is a solicitation attachment for a federal contract opportunity. It outlines the safety and environmental requirements for bidders/offerors, including the need to certify no more than 3 serious, 1 repeat, or 1 willful OSHA or EPA violations in the past 3 years, and to provide their current Experience Modification Rate (EMR) from their insurance carrier. Bidders/offerors with an EMR above 1.0 must provide a written explanation. Self-insured contractors must obtain an EMR rating from the National Council on Compensation Insurance (NCCI). This information, along with the contractor's OSHA 300 forms and any violation details, will be used to make an initial Determination of Responsibility. This requirement applies to all subcontractors as well. The related federal contract opportunity is for construction services to replace boiler #2 and correct deficiencies at the boiler plant for the Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 8 in San Juan, PR.

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Solicitation Attachment 03 Safety or Environmental Violations and Experience Modification Rate (EMR)

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

All Bidders/Offerors shall submit information regarding their current Experience Modification Rate (EMR). This information shall be obtained from the Bidder’s/Offeror’s insurance carrier and be furnished on the insurance carrier’s letterhead. If a Bidder/Offeror’s EMR is above 1.0, Bidder/Offeror must submit a written explanation of the EMR from its insurance carrier furnished on the insurance carrier’s letterhead, describing the reasons for the 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 PR shall obtain their EMR rating from their state run worker’s compensation insurance rating bureau.

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

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

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

Solicitation Attachment 03 Safety or Environmental Violations and Experience Modification Rate

Pre-Award Contractor Safety and Environmental Record Evaluation Form

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

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

Category
2021
2022
2023

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 your 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) for the past 3 years (an EMR of greater than 1.0 disqualifies the contractor): _____________

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