Instructions to Bidders - Provide Accessibility for AC 18 and 18 Fire Dampers.pdf

IMPORTANT BIDDER INFORMATION

BIDDING MATERIALS: Bidding materials consisting of drawings, specifications, contract forms and any issued Amendments will be posted at www.sam.gov . Enter 36C25025B0035 into the search box to access the bid materials. This is the only official location where these documents can be obtained and where updates are posted. No ‘hard copy’ bidding materials are available.

BID SUBMISSION: The following documents are to be included in the bid submission:

(1) An original, fully completed and signed SF 1442 Offer page.

(2) Acknowledgment of any amendments issued either by completing block 19 of the SF1442 or completing blocks 15a, b, and c of the Amendment and attaching to the SF 1442 Offer page.

(3) An original, fully completed bid schedule. The Base Bid amount for the entire project is entered in block 17 of the SF 1442 Offer page.

(4) An original, completed and signed SF 24 Bid Bond.

(5) A completed and signed copy of VAAR clause 852.219-75 - VA NOTICE OF LIMITATIONS

ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND

CONSTRUCTION (JAN 2023) (DEVIATION).

(6) A completed and signed copy of FAR 52.219-28 - POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (FEB 2024), if the Contractor does not have representations and certifications in SAM or does not have a representation in SAM for the NAICS code applicable to this contract.

(7) Completed and signed copy of the Contractor Safety and Environmental Record Evaluation Form (EMR Form).

Bidders are responsible for insuring and verifying their offer and all required bid documents are received at the office designated in block 8 of the SF 1442 and by the date and time specified in block 13A of the SF 1442 (subject to amendment).

PROJECT INFORMATION

PROJECT TITLE AND NUMBER: Provide Accessibility for AC 17 and 18 Fire Dampers: 541-21-506 PROJECT LOCATION: Cleveland VA Medical Center, 10701 East Blvd., Cleveland OH 44106 MAGNITUDE OF CONSTRUCTION: Between $250,000.00 and $500,000.00 TYPE CONSTRUCTION: Commercial and Institutional Building Construction

NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM CODE: (NAICS): 236220

SMALL BUSINESS SIZE STANDARD: $45 Million

PERIOD OF PERFORMANCE: 165 calendar days from receipt of Notice to Proceed.

WAGE DETERMINATION: Department of Labor General Decision Number OH20240074 is included as an attachment to solicitation and is applicable to any resultant contract. If http://www.sam.gov/ 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 decisions are available at http://www.wdol.gov/Index.aspx.

REQUESTS FOR INFORMATION (RFI): To obtain clarifications and/or additional information concerning the contract requirements, specifications and/or drawings, submit a written RFI utilizing the RFI Form attached to this Solicitation, send via email to Lakeisha.Jackson@va.gov . The subject line of the email must read ‘RFI ## – 36C25025B0035, Project 541-21-506, “Provide Accessibility for AC 17 and 18 Fire Dampers”.

RFIs must be specific identifying section, paragraph and page no. of the specifications or cite the drawing number and must be in question format. All RFIs submitted shall include the solicitation number and title, contractor name, city, state, telephone, email address, date submitted, and the RFI question(s). RFI responses will be posted to www.sam.gov as necessary in amendment format. Deadline for submission of RFIs for this solicitation is close of business August 5, 2025. 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. Telephone requests for information will not be accepted or returned.

TYPE OF SET-ASIDE

THIS SOLICITATION IS A 100% SET-ASIDE FOR SERVICE-DISABLED VETERAN OWNED

SMALL BUSINESSES (SDVOSB)

SEE THE SOLICITATION FOR ELIGIBILITY REQUIREMENTS.

DATABASE REGISTRATION INFORMATION

SYSTEM FOR AWARD MANAGEMENT REGISTRATION: The System for Award Management (SAM) is the Official U.S. Government system that consolidated the capabilities of the Central Contractor Registration (CCR including FedReg), Online Representations and Certifications Application (ORCA), and the Excluded Parties List System (EPLS). Federal Acquisition Registrations require that federal contractors register in SAM at www.sam.gov and enter all mandatory information into the system. Warning: FAR 4.1102(a) requires entity to be registered in SAM at the time a bid is submitted in order to comply with the annual representations and certifications requirements. If a bid is received and bidder is not registered as required, the bid will be considered non-responsive and therefore not eligible for award.

THE EXCLUDED PARTIES LIST SYSTEM (EPLS): To ensure that the individuals or businesses providing services under the contract have not engaged in fraud or abuse regarding Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the contractor is required to check the Excluded Parties List System (EPLS) located at www.sam.gov for each person or business providing services under this contract. During the http://www.wdol.gov/Index.aspx http://www.sam.gov/ performance of this contract the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities.

VETS-4212 REPORTING REQUIREMENT: Contractors are required to submit a required annual Form VETS-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, check the following website https://www.dol.gov/agencies/vets/programs/vets4212. See FAR provision 52.222-38 (JUN 2020), Compliance with Veterans' Employment Reporting Requirements (FEB 2016) under the Representations, Certifications and Other Statements of Offerors, and FAR clause 52.222-37, Employment Reports on Veterans (JUN 2020) under the General Conditions.

BONDING INFORMATION

SECURITY

BACKGROUND INVESTIGATIONS: All contractor employees are subject to the same level of investigation as VA employees who have access to VA Sensitive Information. The level of background investigation is commensurate with the level of access needed to perform the statement of work. This requirement is also applicable to all subcontractor personnel requiring the same level of access.

Levels and associated types of Background Investigations:

• If the project requires that workers have only limited physical access to the VA facility for a period of one year or less, a local flash badge with fingerprint check is issued.

• If the project requires that workers require un-supervised, logical and/or physical access for 180 consecutive or aggregate days in a 365 day period, over a 3 year period, a background investigation may be required (Special Agency Check (SAC)) which must be completed prior to being allowed access.

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

All costs for SAC and NACI checks are borne by the contractor. The VA may at its discretion make deductions against the contract in order to recoup the investigation costs. Current cost for a SAC is $25.00 per employee and the current cost for a NACI check is $182.00 per employee (subject to change at any time).

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

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

E-VERIFY SYSTEM: Companies awarded a contract with the federal government shall enroll in E-Verify within 30 days of the contract award date. They shall also begin using the E-Verify system to confirm that all of their new hires and their employees directly working on federal contracts are authorized to legally work in the United States. E-Verify is an Internet-based system that allows an employer, using information reported on an employee's Form I-9, to determine the eligibility of that employee to work in the United States. There is no charge to employers to use E-Verify. (FAR 52.222-54).

VHA DIRECTIVE 1192.01: The Construction Contractors’ representatives performing construction activities on the Cincinnati VA Medical Center-Fort Thomas validate that the following additional requirements are in place before starting construction activities on campus:

Annual influenza shot is required for all staff performing work on campus. Contractor badge must be obtained and worn by the contractor or representative at all times while on campus.

The contractor will validate in writing via a signed memo to the Contracting Officer that the above items are being done as part of the bid package. No Personally Identifiable Information (PII) will be collected. Seasonal influenza with Vaccines (VHA Directive 1192.01)

OTHER IMPORTANT BIDDER INFORMATION

ADDITIONAL PRIME CONTRACTOR INFORMATION- SAFETY OR ENVIRONMENTAL

VIOLATIONS AND EXPERIENCE MODIFICATION RATING INFORMATION:

All Bidders/Offerors shall submit information pertaining to their past Safety and Environmental record. (using the attached EMR information and certification form) 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 Bidders/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 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/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 it 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 a 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.

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

All on-site contractor personnel shall complete yearly EPA sponsored environmental training specified for the type of work conducted on-site. Upon inclusion in the contract, the Contracting

Officer's Representative will verify that all contractor personnel have acquired EMS Awareness Training at their appropriate site or location.

REFERENCES TO VA ENGINEER, RESIDENT ENGINEER, SENIOR RESIDENT ENGINEER,

OR PROJECT MANAGER: Any reference contained within contract specifications and/or drawings to the “VA Engineer”, “Resident Engineer”, “Senior Resident Engineer”, “Project Manager”, or their abbreviations are to be replaced with “Contracting Officer’s Representative

(COR)”.

PAYMENT FOR MATERIALS STORED OFF-SITE: Payment in advance of installation for materials stored off-site is not authorized under this contract.

PROGRESS SCHEDULE: The schedule required by FAR 52.236-15 shall be provided after receipt of the Notice to Proceed.

REVIEW REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE

ASSESSMENT SYSTEM (CPARS)

(a) As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (VA) evaluates contractor past performance on all contracts that exceed $700,000, 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, which is maintained by the Naval Seal Logistics Center in Portsmouth, Virginia. CPARS has connectivity with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies. PPIRS is the system used to collect and retrieve performance assessment reports used in source selection determinations and completed CPARS report cards transferred to PPIRS. CPARS also includes access to the federal awardee performance and integrity information system (FAPIIS). FAPIIS is a web-enabled application accessed via CPARS for contractor responsibility determination information.

(b) Each contractor whose contract award is estimated to exceed $700,000 is required to register with CPARS database at the following web address:

www.cpars.csd.disa.mil. Help in registering can be obtained by contacting Customer Support Desk at DSN: 684-1690 or COMM: 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.

(c) 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.

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.”