S02 36C24523B0002_1.docx

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.

36C24523B0002 X

512A5-20-304

Department of Veterans Affairs VA Maryland Health Care System Contracting Officer (90C) P.O. Box 1000, Bldg. 101, Room 26 Perry Point MD 21902 Department of Veterans Affairs VA Maryland Health Care System Contracting Officer (90C) P.O. Box 1000, Bldg. 101, Room 26 Perry Point MD 21902 Brandon Parker, brandon.parker2@va.gov 410-642-2411 x24006

--------------------------------PLEASE SEE SF-1442 CONTINUATION ON PAGE 3------------------------------

X X

52.211-10 X

12:00

EDT

05-08-2023 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

Department of Veterans Affairs VA Maryland Health Care System Contracting Officer (90C) P.O. Box 1000, Bldg. 101, Room 26 Perry Point MD 21902

PAYMENT WILL BE MADE BY

FSC e-Invoice Payment Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp Invoice Setup Information 1-877-489-6135

A.3 SF1442 CONTINUATION PAGE

CONTINUATION PAGE

IFB #: 36C24523B0002_1

Title: 512A5-20-304, Replace Roofs Patient Buildings at Perry Point VAMC

BLOCK 10, CONTINUED

Contractor to supply all labor, supervision, travel, equipment, tools, materials, inspection/testing services, and legal disposal of waste materials to replace Patient Buildings roofs. Work scope includes, but is not limited to, roofing demolition, substrate demolition, substrate installation, roofing installation, adjustment and protection of roofing equipment, installation of fall restraint system, installation of lightning protection system, installation of roof drainage system, installation of snow guards, asbestos abatement, and manufacturer/technical representative in accordance with the applicable specifications, drawings, and building codes. If there is a conflict between the drawings and specifications, contractor shall submit RFI, and VA will make final determination of requirement.

PERIOD OF PERFORMANCE: 350 calendar days for base bid, 700 calendar days with all additives.

Two organized site visits will be scheduled for 04/06/2023 and 04/11/2023 at 09:00AM at Perry Point VAMC. The site visit will begin in the parking lot for building 82H. Please confirm attendance by emailing brandon.parker2@va.gov.

Questions relating to this solicitation document must be submitted in writing via email to brandon.parker2@va.gov no later than 3:00PM EST, 04/19/2023. All inquiries for this solicitation must be sent electronically using attached RFI document, “RFI Submission”.

All bids must be received electronically by the CO at brandon.parker2@va.gov by 12:00PM EST on 05/08/2023. Ensure a copy of the bid guarantee is included with your electronic proposal and the hard copies of bid guarantees must be received at the following address by bid due date/time:

Martinsburg VA Medical Center C/O Shawn Shafer 510 Butler Ave, Building 306A-11 Martinsburg, WV 25405

Bid opening will occur at 12:00PM on 05/08/2023 on Microsoft Teams with Meeting ID: 267 899 758 590, Passcode: KRNkFo at https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting.

A single award will be made to that offeror who submits an acceptable bid and is deemed responsible and responsive with the lowest bid for satisfactory completion of all contract requirements.

Contractor shall be responsible for correct wage titles and compliance with all applicable wage and hour laws.

This is a 100% Service-Disabled Veteran Owned Business Set-Aside. Contractor must be verified in VetBiz to be eligible for award. Primary NAICS Code: 238160, Size Standard: $19 MILLION, Cost Range: $10,000,000.00 and $20,000,000.00.

Table of Contents

A.4 STATEMENT OF WORK

Statement of Work - Construction NRM Project No. 512A5-20-304 Replace Roof – Patient Buildings

1. Government Agency Department and Address:

VA Maryland HealthCare System – VISN5 – Perry Point VAMC Perry Point, MD 21902

2. Project Title, Number, and Location:

Project Title: Replace Roof – Patient Buildings at Perry Point VAMC Project Number: 512A5-20-304 Period of Performance: 700 Calendar Days for entire project see note below*1.0

3. Scope of Work:

Contractor to supply all labor, supervision, travel, equipment, tools, materials, inspection/testing services, and legal disposal of waste materials to replace Patient Buildings roofs. Work scope includes, but is not limited to, roofing demolition, substrate demolition, substrate installation, roofing installation, adjustment and protection of rooftop equipment, installation of fall restraint system, installation of lightning protection system, installation of roof drainage system, installation of snow guards, asbestos abatement, and manufacturer/technical representative in accordance with the applicable specifications, drawings, and building codes. If there is a conflict between the drawings and specifications, contractor shall submit RFI, and VA firm will make final determination of requirement.

4. Construction Requirements:

A. Contractor is required to supply crane lift plan for all hoisting of materials and equipment to roofs at least 14 calendar days before lift event.

B. Contractor shall ensure that existing roofs are able to support the loading of bulk material and equipment. The COR may require professional engineering analysis by the contractor to confirm safe loading is being adhered to per base contract.

C. All roofing must be complete in a same-day-dry method. Only enough roofing may be removed in a single day that can be dried-in at the end of the workday.

D. All temporary safety devices and equipment required for 100% OSHA /VA/Site specific compliant installation of permanent system, including demolition, are required by the contractor. This includes, but is not limited to, fall restraint devices, scaffolds, and mobile equipment.

E. Contractor shall be required to work on three unique roof locations at one time as identified in the design documents. This includes all phases of the demolition and construction. Contractor shall not proceed to another building until a building has been determined complete by the COR. The building composition shall be provided in the schedule. The COR must authorize the specific buildings that will be worked on at the same time. Some site activities can limit the combinations.

F. No temporary toilets will be allowed on roofs.

G. Contractor is responsible for construction of crane pads and suitable crane haul roads.

H. All disturbed turf and hardscape from material and equipment laydown areas must be restored to original condition per specifications.

I. Roofing materials stored onsite must be protected per manufacturer requirements from the weather or will need to be replaced at the contractor’s expense.

J. Any temporary roofing required for completion of permanent system will be the requirement of the contractor.

K. Raise and lower rooftop equipment and utilities as required for installation of new roof. A maximum of eight hours downtime shall be permitted on any equipment outages. Equipment outages shall be required to be completed off-shift as determined by the COR to avoid disturbing daily building activities. All labor material, equipment, and labor required to perform is the responsibility of the contractor. Any damaged equipment and curb flashings called to remain must be adequately repaired or replaced.

L. There are requirements for pre-roof replacement infrared survey and after replacement/rework. Contractor shall submit pre-survey before work to commence on roof work. Survey must take place a maximum of 14 calendar days before work on the specific bldg. or sub system. Work is to be defined as physical changes to the existing roof system.

M. Work schedule shall be limited to 10 hours a day M-F unless authorized in advance by the COR.

N. Prior to commencement of construction, the contractor will be required to supply/submit maintenance of traffic plan (MOT) to COR for approval to maintain traffic (vehicle and pedestrian) within the limits of the project for the duration of the construction period, including any temporary suspensions of the work. Construct and maintain detours. Furnish, install, and maintain traffic control and safety devices during construction. Furnish and install work zone pavement markings for maintenance of traffic (MOT) in construction areas. Provide any other special requirements for safe and expeditious movement of traffic specified in the Plans. Do not obstruct or create a hazard to any traffic during the performance of the work and repair any damage to existing pavement open to traffic. Flashing lights as required by the COR to advise of dangers.

O. All work is to shall be in compliance with local, state, and federal rules and regulations, and VA technical standards. Compliance is to whichever rule or regulation is the most stringent. VA Master Specifications shall be used as the primary default when no specifications are issued or when a referenced specification is not found in the projects RFP package, they are at located at https://www.cfm.va.gov/til/.The intent of the default specifications is to furnish concise industrial and/or commercial standards for construction of Government facilities. If the Statement of Work does not address a specification for an element of the work, the default specification shall apply for the element of work as approved by COR. The omittance of a VA specification, does not relieve the contractor to perform required under the base contract. No request for contract modification shall be accepted for missing specifications.

P. Contractor employees shall park privately owned vehicles in an area designated by the COR. This area will be within reasonable walking distance of the construction site. Contractor employee parking shall not interfere with existing and established parking requirements.

Q. No loose material from within the Limits of Disturbance (LOD) shall be permitted at any time get onto sidewalks or roads. Contractor shall be required to have protection and equipment procedures in place. If an occurrence (dirt, garbage, materials, etc.) does happen, contractor is to immediately clean up area (within one hour) and bring surroundings back into compliance. All dumpsters must be covered to protect from water intrusion as well as flying material. Any smoke detectors that have any potential for exposure to construction smoke, dust, and debris shall be suitably protected to prevent accidental alarm. All such action must be first coordinated and cleared with the COR. All fire alarm devices shall be active whenever contractor's forces are not present in work area.

R. The contractor must provide a written fire safety checklist ( contractor developed) at the end of every workday to the Fire Department and copy COR, certifying that all work areas have been surveyed and found to be secure, safe, and free of any flammable liquids.

S. See specification section 01 00 00 for interim life safety measures.

T. Contractor to coordinate any "noisy" work with COR at least 72 hours in advance. Work on nights and weekends may be required as part of the base contract.

U. Not all roof penetrations and conditions may be shown or tagged for clarity. Refer to project details for corresponding conditions and necessary work.

V. Contractor responsible for maintaining all UL master certifications for lightning protection. Contractor to notify COR of any discrepancies in the lightning protection systems prior to removal of the system. The new lightning protection system shall be UL certified by the contractor as a deliverable.

W. Coordinate all interior work, if necessary, with COR, before commencing work. An individual Infection Control Risk Assessment (ICRA) will be done in each area. All ICRA levels shall be considered as part of the base contract work.

X. Work shall comply with all medical center requirements for dust, noise, odor, and infection control. This will involve the installation of dust/odor control barriers, air filtering/processing, dust control mats, and other essential measures during construction, as required. Dust and odors WILL NOT be permitted to enter any buildings at any time. The uncontrolled entry of dust or odors into the medical buildings at any time during this project could result in a stoppage of work being ordered. Any stoppages resulting from uncontrolled dust or odors are the responsibility of the contractor and are not reimbursable under this contract.

5. Submittal Requirements:

All submittals must be submitted by specification section. Each specification section shall require one complete submittal. Only on a case-by-case basis will the VA allow multiple submittals per spec section. This must be approved by the COR prior to submission. Each material specification shall have a project specific sample manufacturer warranty submitted and approved prior to material procurement. Consolidate all necessary submittals by specification section on an excel spreadsheet. Checklist to be utilized to track/ monitor submittal process

6. Bid Proposal:

Bid proposal must include the attached DETAILED BREAKOUT FOR EACH BLDG AS WELL AS THE PROPOSAL SUMMARY FORM to include cost breakdown by building and priority level. Base bid will include all roofs from Priority 1. Reference Proposal Summary Form for buildings that are ALTERNATE DEDUCTS. Failure to provide required breakdown will result in incomplete bid submission. . Offers are to submit proposals based on the project specifications and drawings provided under the project solicitation. The resulting total bid amount shall then be broken down item by item for review material costs and labor costs. See form on following page.

Exclusions that are submitted as an exception to the request for proposal shall not be recognized without the contracting officer’s evaluation and approval. The approval shall be provided in a written response from the government. The Bidder shall furnish a summary list that specifies any proposal exceptions or qualifications however acknowledging is not a consent or waiver of any of the requirements of the SOW, design drawings, and specifications. Proposal shall be deemed to agree to comply with all terms, conditions, specifications, and requirements of this solicitation.

7. Special Conditions:

Weather During Contract Performance Period A. Delays for Unusually Severe Weather For the Contracting Officer to award a time extension for unusually severe weather, the following conditions must be satisfied:

a. The weather experienced at the project site during the contract period must be found to be unusually severe; that is, more severe than the adverse weather anticipated for the project location during any given month.

b. The unusually severe weather must cause a delay to the completion of the project. This Delay must be beyond the control and without the fault or negligence of the Contractor.

B. Anticipated Adverse Weather Delays

a. The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations. The Contractor's progress schedule must reflect these anticipated adverse weather delays in all- weather dependent activities.

C. Monthly anticipated adverse weather delayed workdays based on (5) five-day work week.

D. An abatement contractor must be used for roofing systems removal per VHA. Roofing spec section also maintains that abatement roofers be trained as specified in 29 CFR 1926.32(f); in addition, for Class I and II work who is specially trained in a training course which meets the criteria of EPA's Model Accreditation Plan (40 CFR 763) for supervisor. A contractor shall be a licensed abatement contractor in Maryland to have this accreditation in Maryland.

E. All information generated in performance of this contract becomes property of the Government and must be surrendered upon request and/or completion of the contract. The Contractor must protect against the destruction and/or misplacement of all information produced under this contract, unless directed under local policy to destroy. This includes both hard and soft copies of data.

F. The Contractor shall not release any information (including photographs, files, public announcements, statements, denials, or confirmations) on any part of the subject matter of this contract or any phase of any program hereunder without the prior written approval of the COR.

G. The Contractor shall be responsible for employing technically qualified personnel to perform the work specified in this SOW and authorized to work in the United States. The Contractor shall maintain the personnel, organization, and administrative control necessary to ensure that the work delivered meets the contract specifications and requirements. The work history of each contractor employee must contain experience directly related to the task and functions he/she is intended to perform under this contract. The Government reserves the right, during the life of the resulting contract, to request work histories on any contractor employee for the purposes of verifying compliance with the above requirements; additionally, the Government reserves the right to review resumes of contractor personnel proposed to be assigned. Personnel assigned to, or utilized by, the Contractor in performance of work shall be fully capable of performing the requirements contained in the SOW in an efficient, reliable, and professional manner.

H. Contractor shall provide a supervisor who always speaks English on site.

I. Contractor is to maintain free and unobstructed access to facility emergency services and for fire, police, and other emergency response forces in accordance with NFPA 241 J. Contractor shall get all Federal, State and/or local Permits necessary to complete the Replace Roofs, Patient Buildings at Perry Point VAMC Project prior to commencement of construction.

K. For quality control as well as the Site Safety and Health Officer (SSHO), these individuals shall not carry dual roles in the construction project. The VA shall require a person with QC/QA background that their primary role is to validate that the construction meets or exceeds requirements of the contract. This person will generate a final punch list and provide to the COR. The COR will then schedule a review of the completed job with the contractor, A/E, or/and VA code officials to generate a punch list. The QC inspector shall provide summary to the COR on a weekly basis with inspection sheets and corrections/comments. SSHO requirements shall be per specifications. The VA shall approve all individuals as well as reserve the right to have replaced for poor performance as defined by the COR through the contracting officer.

L. The contractor shall hire and maintain an independent third-party inspector, the individual must meet one of the following requirements: Hold a current Registered Roof Consultant (RRC) certification and have five years’ experience in the type of roofing being inspected, or hold a current Building or Combination Inspector certification issued by the International Code Council or other inspector certification subject to the approval of the COR. The independent third-party inspections cannot be performed by an employee/representative of the roofing manufacture or contractor/subcontractor. The independent third-party inspector / inspection company shall submit a written inspection report to the COR, after the inspections are completed, noted deficiencies have been rectified, installation has been completed, and approved by the inspecting company.

M. All new permanent fall restraints equipment shall be per ANSI Z359.7, Third-Party Certification of Fall Protection Products and Components. This shall include final field install to be certified by a third party.

N. The contractor shall have the third party RRC complete a weekly report on found conditions and submit to COR. This document to be discussed at weekly construction meeting as a topic.

O. Contractor shall have the Manufacturer's technical representative visit the site a minimum of once per week during the installation for purposes of reviewing materials installation practices and adequacy of work in place. After each inspection, a report, signed by the manufacturer's technical representative to the roofing Contractor and then to the Contracting Officer within 3 working days. Within the report state the overall quality of work, deficiencies and any other concerns, and recommended corrective action.

*1.0 NOTE: The Project is to include additives as shown on next page. The period of performance (POP) shall be increased per number of days as listed in the proposal summary form. Priority 1 shall have base POP of 350 calendar days. For each building(s) that the VA accepts in the alternate bid additives, the POP for the contract will increase as listed. For example, if additive alternate 13 is accepted, then the POP shall be 377 days and so on. If all buildings are accepted by the VA, the total POP for the contract shall be 700 calendar days. The POP includes all days lost per special conditions: 7 sub c – anticipated weather delays over a yearly calendar year is inclusive into the total POP.

PROPOSAL DETAIL BREAKOUT FOR EACH BUILDING/LOCATION AS DEFINED IN THE SUMMARY PROPOSAL SHEET: THE TOTAL SHALL ADD TO 27 INDIVIDUAL SHEETS.

*To be provided with bid at the time submission. Failure by bidder to provide as required shall be consider non-responsive and maybe rejected by the Contracting Officer .Each item may not be applicable for every building.

Project: Perry Point Replace Patients Roofs

Ref: Itemized proposal cost

Building/Location:

Date:

General conditions

Mobilization

Demobilization

Demo

Demo disposal

Lightning protection

Fall restraints

New standing seam metal roofing

New Fluid Applied Roofing

New Wood deck replacement

New Metal deck replacement

New Gutters Leader downspouts

New insulation, protective board

Asbestos / Lead remediation

Testing and inspections

Safety railing

Flashing, Equipment raising, penetrations

Other

Total:$

Grand total:$

SUMMARY PROPOSAL SHEETS:

Total Base Bid

ALTERNATE BID ADDITIVES:

A.5 INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE, AND BONDS

CONSTRUCTION COMPLETION TIME (after Notice to Proceed): 700 calendar days.

MAGNITUDE: $10,000,000.00 to $20,000,000.00.

SIZE DETERMINATION: For this procurement for construction, a concern is small if its average annual receipts for its preceding 3 fiscal years did not exceed $19.5 million. The NAICS code is 238160.

PARTIAL PAYMENTS will be made monthly as the work progresses, in accordance with the Schedule of Values and actual work completed.

MINIMUM RATES OF WAGES, required by the Davis Bacon Act (40 U.S.C. 276a), as amended, to be paid the various classes of laborers and mechanics employed on this work are set forth in the specifications.

After bids are publicly opened, an award will be made with reasonable promptness to that responsible bidder, whose bid Conforming to the invitation for bids, will be most advantageous to the Government, considering only bid price and the price related factors included in the invitation. Award shall not be made until all required approvals have been obtained and the award otherwise conforms to FAR 14.103-2.

1. Bidding materials may be obtained at https://sam.gov/content/opportunities. Contractors are responsible for downloading required documents.

2. Subcontractors, material firms, and others interested in preparing sub-bids may view the interested parties list at https://sam.gov/content/opportunities to obtain a list of organizations, such as Builders Exchanges, Chambers of Commerce, Contractors and others, who have received bidding materials.

3. A bid guarantee is required in an amount not less than 20 percent of the bid price but shall not exceed $3,000,000.00. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for opening of bids, will require rejection of the bid in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then. Hard copies of the bid guarantee must be received at the following address by bid opening:

Martinsburg VA Medical Center c/o Shawn Shafer 510 Butler Ave, Building 306A-11 Martinsburg, WV 25405

4. If the contract will exceed $100,000.00 (see Far 28.102-1 for lesser amount), the bidder to whom award is made will be required to furnish two bonds, a Payment Bond, SF 25A, and a Performance Bond, SF 25, each in the penal sum as noted in the General Conditions of the Specification. Copies of the SF 25 and 25A may be obtained upon application to the issuing office.

5. VERIFICATION OF STATUS OF APPARENTLY SUCCESSFUL OFFEROR: In accordance with VAAR 804.1102 VENDOR INFORMATION PAGES (VIP) DATABASE, prior to January 1, 2012, all VOSBs and SDVOSBs must be listed in the VIP database, available at http://www.VetBiz.gov, and also must be registered in the System for Award Management (SAM) (see 48 CFR subpart 4.11) to submit offers and receive contract awards under VA’s Veteran-owned Small Business prime contracting and subcontracting opportunities program set forth in Part 819. After December 31, 2011, all VOSBs, including SDVOSBs, must be listed as verified in the VIP database, and must be registered in the SAM to be eligible to participate to receive new contract awards under this program. SDVOSB Firms that submit bids/offers on SDVOSB/VOSB set asides that are not listed on VIP will be deemed nonresponsive (IFB) or technically unacceptable (RFP/RFQ).

VETS 4212: Title 38, USC Section 4212(d), and Public Law 105-339, requires that federal contractors report, at least annually, the number and category of veterans who are within their workforce. Submission of the VETS 4212 reporting information can be done electronically at: <https://www.dol.gov/vets/vets4212.>. For procurement awards more than $30,000, this report must be completed and accepted prior to any Federal contract award. Therefore, all potential contractors are encouraged to file every year. All bidders MUST complete their report prior to award.

SYSTEM FOR AWARD MANAGEMENT (SAM): Federal Acquisition Regulations require that federal contractors register in the System for Award Management (SAM) database at http://www.sam.gov and enter all mandatory information into the system. Award cannot be made until the contractor has registered. Offerors are encouraged to ensure that they are registered in SAM prior to submitting their proposal. All bidders MUST be registered in SAM prior to award.

6. SAFETY OR ENVIRONMENTAL VIOLATIONS AND EXPERIENCE MODIFICATION RATE: 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 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 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.

7. REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE SYSTEM (CPARS): As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (VA) evaluations contractor past performance on all contracts that exceed $100,000.00 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, the Contractor performance System (CPS) which is maintained by the National Institutes of Health (NIH). The CPS database information is shared with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies.

Each contractor whose contract award is estimated to exceed $100,000.00 is required to register with the database at the following web address: http://www.cpars.csd.disa.mil/cparsmain.htm. Help in registering can be obtained by contacting CPS Support E-mail or by calling. 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.

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 CPS to the contractor’s designated representative for comment. The contractor representative will have thirty days to submit any comments and reassign the report to the VA contracting officer.

Failure to have a current registration with the, or to reassign 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.

CONTRACTOR CERTIFICATION: IMMIGRATION AND NATIONALITY ACT OF 1952, AS AMENDED

The Contractor certifies that the Contractor will comply with all applicable legal provisions contained in the Immigration and Nationality Act of 1952, 8 U.S.C. §1101 et seq. as amended; and related laws and regulations and applicable Executive Orders that relate to non-U.S. citizens (“non-Citizen”) working under contract or subcontract for the Contractor while providing services to Department of Veterans Affairs.

While performing services for the Department of Veterans Affairs, the Contractor shall not knowingly employ, contract, or subcontract with any non-Citizen who is not eligible to work in the U.S. Additionally, the Contractor is required to comply with all “E-Verify” requirements consistent with Executive Order 12989 and any related amendments, as well as relevant Federal Acquisition Regulations. Contractor is also required to comply with any credentialing or background investigations that VA requires for the occupation.

If the Contractor fails to comply with any requirements outlined in the preceding paragraphs or its Agency regulations, the Department of Veterans Affairs may, at its sole discretion, require that the Non-Citizens who failed to meet the work authorization requirements or otherwise failed to maintain their legal status in the United States be immediately prohibited from working at the Contractor’s place of business that services Department of Veterans Affairs patient referrals or any other place where the Contractor provides services to veterans who have been referred by the Department of Veterans Affairs; and may provide grounds for termination of this contract for breach. Contractor agrees to hold VA harmless for any adverse actions resulting from the Contractor’s removal of a Non-Citizen from VA services.

The Contractor agrees to obtain a similar certification from its subcontractors.

This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under 18 U.S.C. 1001.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 INSTRUCTIONS, CONDITIONS, AND OTHER STATEMENTS TO BIDDERS/OFFERORS

PRE-CONSTRUCTION CONFERENCE: Upon receipt of Award Notice and prior to attending the pre-construction conference, the successful bidder shall have completed the required contractor documentation. Contractor staff working on site will be required to always wear the badges while on site. Contractor will be required to immediately notify the Contracting Officer of any changes in staff performing work on site. Upon completion of the contract all identification badges must be returned to the Contracting Officer before final payment can be made.

METRIC PRODUCTS: If a product is manufactured to metric dimensions and those dimensions exceed the tolerances specified in the inch-pound units, a request should be made to the Contracting Officer to determine if the product is acceptable. The Contracting Officer, in concert with the Contracting Officer Technical Representative (COR), will accept or reject the product.

INVOICING: In order to comply with the Improper Payments Elimination Recovery Act of 2010 (IPERA), VA is finalizing actions to mandate electronic invoice submission to the VA Financial Services Center (VAFSC) (reference VAAR clause 852.232-72 in the General Conditions Section of the solicitation). The VAFSC has expanded its electronic invoicing services through OB10 provided solutions. OB10 electronic invoicing services, including mapping/transaction fees, are free to VAFSC vendors. If you are not currently a member of the OB10 network, subscribing is simple. There is no expensive hardware or software to install.

OB10 will handle all the necessary technical and commercial steps needed to establish your account. If you prefer, feel free to contact OB10 at va.registration@ob10.com or 1-877-752-0900 then select option 2. To contact the Department of Veteran Affairs Financial Service Center (VAFSC) about this request visit http://www.fsc.va.gov/fsc/einvoice.asp or call the FSC e-Invoice Contact Information at (866) 372-1141.

Contractor must provide the Contracting Officer and COR a copy of all invoices before they are submitted to Austin, TX. All invoices must be approved before submitting.

SAM and VETS4212 REGISTRATION: Contractor MUST be registered in the System for Award Management (SAM) and the VETS4212 database before contract award. SAM can be accessed at http://www.sam.gov, and VETS4212 can be accessed at https://www.dol.gov/vets/vets4212.htm.

804.1102 Vendor Information Pages (VIP) Database: All VOSBs and SDVOSBs must be listed as verified in the VIP database, available at http://www.VetBiz.gov.

Limitations on Subcontracting – Monitoring and Compliance This solicitation includes VAAR clause 852.219-73 VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor’s compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor’s offices where the contractor’s business records, or other proprietary data are retained and to review such business records regarding the contractor’s compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor’s business records or other proprietary data reviewed or obtained while assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor (s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor’s compliance with the limitations on subcontracting or percentage of work performance requirement.

GENDER: Wherever the masculine gender is used in the solicitation and contract documents, it shall be considered to include both masculine and feminine.

WORK HOURS: Normal work hours are defined as Monday-Friday, 8:00am-4:30pm local time, excluding weekends and National holidays and any other day specifically declared by the President of the United States to be a National Holiday.

NOTE: FEDERAL HOLIDAYS: The ten holidays observed by the Federal Government are: New Year’s Day, Martin Luther King’s Birthday, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Thanksgiving Day, Veterans Day, and Christmas Day.

The Contractor shall be liable for, and shall indemnify and hold harmless the Government against, all actions or claims for loss of or damage to property or the injury or death of person(s), resulting from the fault, negligence, or wrongful act or omission of the Contractor, its agents, or employees.

SECURITY REQUIREMENTS

Special Agreement Checks (SAC) and issuance of Non-Personnel Identification Verification (Non- PIV) security badges for Contractor and Subcontractor Employees performing work under the contract.

All contractor employees who have access to VA sensitive information are subject to the same level of investigation as VA employees. Using Appendix A of VA Handbook 6500.6, it has been determined that performance of this Construction requirement does not require any access to the VA Information Technology network; therefore, the inclusion of VAAR Security Clause 852.273-75 is not required.

The level of background investigation commensurate with the level of access needed to perform the statement of work for this Construction requirement is a Special Agreement Check (SAC) investigation, which equates to fingerprinting. This level of investigation requires all contractor and subcontractor employees performing work under this requirement to be fingerprinted and to be issued an appropriate security badge.

The Contractor is responsible for bearing the expense of all employee background investigations initiated, regardless of the final adjudication determination. The VA facility will pay for investigations conducted by the Office of Personnel Management (OPM); however, the General/Prime Contractor is responsible for reimbursing the VA. The following are estimated costs for each of the potential risk level background investigations.

Where this guidance refers to “contractor employees” it is inclusive of all “subcontractor employees” performing under this contract as well.

CONTRACTOR: Upon receipt of Notice of Award, Contractor shall comply with the following processes to be in compliance with contract security requirements.

SPECIAL AGREEMENT CHECKS (SAC) AND NON-PERSONAL IDENTITY VERIFICATION – PIV (Security Badge) INSTRUCTIONS

1. Contractor POC will complete the Background Request Worksheet in its entirety, listing all employees that will be performing work under the construction requirement portion of this Construction project. Once completed, this form shall be submitted to the VHA Service Center (VSC) Personnel Security Office via password protected or encrypted email to VSCSecurity@va.gov or faxed to (216)447-8020.

NOTE: Due to the personal information contained in the Background Investigation Request Worksheet, the worksheet must be sent in a secure manner. Please DO NOT email a document containing social security numbers unless the email is encrypted.

Process that occurs after VSC receives the Background Request for…