S02 36C24623B0018_Upgrade HVAC Phase 3.pdf

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)

SOLICITATIONSOLICITATION

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.

1 67

36C24623B0018 X 12-28-2022

TBD TBD 658-21-102

Department of Veterans Affairs Network Contracting Office 6 1970 Roanoke Blvd Salem VA 24153

Department of Veterans Affairs Network Contracting Office 6 1970 Roanoke Blvd Salem VA 24153

Bryant Guerrant bryant.guerrant@va.gov

Project Title: Upgrade HVAC System Phase III Project Number: 658-21-102 NAICS Code: 238990 - Plumbing, Heating and Air-Conditioning Contractors / SBA Size Standard: $16.5M IAW FAR 36.204(f), magnitude of construction is between $1,000,000 and $5,000,000

Project Description: Contractor shall provide all labor, material, equipment, and qualified supervision as necessary to perform work as described in the Drawings and Specifications for Project 658-21-102 Upgrade HVAC System Phase 3 at the Salem VA Medical Center (VAMC) located in Salem, Virginia.

This contract will be awarded in accordance with FAR Part - 14 - Sealed Bidding

In accordance with established public law, all bidders are required to be registered and current in System for Award Management (SAM) at the time of award. The Official website of the U.S. Government at www.sam.gov.

This is a total Service-Disabled Veteran Owned Small Business (SDVOSB) set aside IAW 38 U.S.C. 8127 (d). SDVOSB is required to perform a minimum of 25% of the construction work on the project with its own labor force. This does not includes paperwork, submittals, and project management.

Prime SDVOSB shall comply with subcontracting limitation as defined in 13 CFR 125.6

Pre-Bid Conference/Site Visit: Thursday, January 12, 2023 @ 1:00PM EST location for the meeting is Building 143 Warehouse (Loading Dock area).

Cut-off date for questions will be due on Tuesday, January 24, 2023 @ 10:00AM EST; All questions shall be email to bryant.guerrant@va.gov - No telephone calls will be accepted.

Bid Due Date is Thursday, February 16, 2023 @ 2:00PM EST

**ALL ELECTRONIC BIDS SHALL BE SUBMITTED ONE (1) DAY PRIOR TO BID DUE DATE WEDNESDAY, FEBRUARY 15, 2023, BEFORE

5:00PM EST TO BE ACCEPTED.**

PUBLC BID OPENING IS FRIDAY, FEBRUARY 17, 2023, @ 9:30AM EST.

Note: Bid opening will be virtual via Microsoft Teams - See instructions to offerors for bid preparation page for MS Teams Dial-In.

15 375

X X 52.211-10

X 15

1 PDF 2:00PM EST

02-16-2023

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

Bid Item I (Base Bid) $___________________________

Department of Veterans Affairs Network Contracting Office 6 1970 Roanoke Blvd Salem VA 24153

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971 512-460-5049 512-460-5221

SCOPE OF WORK

PROJECT NO. 658-21-102

Upgrade HVAC System Phase 3

VETERANS AFFAIRS MEDICAL CENTER

SALEM, VA 24153

Contractor shall provide all labor, material, equipment, and qualified supervision as necessary to perform work as described in the Drawings and Specifications for Project 658-21-102 Upgrade HVAC System Phase 3 at VAMC Salem, Virginia.

The project will provide Upgrade/Replace HVAC System Phase 3 in the Salem VAMC Warehouse (Bldg. 143) to include replacement of all ductworks controls (DDC) and all other associated components associated with the air handling and distributions systems in order to provide a system that conforms to all VHA requirements with regards to layout, environmental conditions, traffic flow, and interaction with other supporting services. Project will include demolition of the existing AHU and ductwork and replacement with a new RTU and air distribution system. In addition, the Salem VAMC is currently designing a 1,500-sf addition to the existing warehouse.

The construction time allocated for completion of the work described above is three hundred seventy-five (375) calendar days from receipt of Notice to Proceed (NTP). There is no deductive alternative for this Project.

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y UNIT UNIT PRICE AMOUNT

0001 1.00 JB __________________ ________________

BID ITEM I:

The Contractor shall furnish all labor, materials, tools, equipment, transportation and qualified supervision necessary to Upgrade HVAC Phase III as described in the contract drawings and specifications for Project 658-21-102 Upgrade HVAC Phase III at the Salem VA Medical Center (VAMC), Salem, Virginia.

GRAND TOTAL ________________

36C24623B0018

Table of Contents

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)

A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION,

ALTERATION, OR REPAIR)– BACK

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.216-1 TYPE OF CONTRACT (APR 1984)

2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE

OF THE WORK (MAY 2014)

2.3 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION

MATERIALS (MAY 2014)

2.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

2.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

2.6 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND

VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)

2.7 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

2.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2022)

(JUL 2020) (DEVIATION)

3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

3.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

3.4 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—

CERTIFICATION (NOV 2021)

GENERAL CONDITIONS

4.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984)

4.2 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(OCT 2022)

4.3 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN

2020)

4.4 52.223-21 FOAMS (JUN 2016)

4.5 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR

FEDERAL CONTRACTORS (OCT 2021) (DEVIATION)

4.6 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (OCT 2022)

4.7 SUPPLEMENTAL INSURANCE REQUIREMENTS

4.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

4.9 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

4.10 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)

4.11 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

4.12 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021)

(DEVIATION)

4.13 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)

4.14 VAAR 852.232-70 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION

CONTRACTS (WITHOUT NAS– CPM) (NOV 2018)

4.15 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

4.16 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(APR 2019)

4.17 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019)

4.18 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019)

4.19 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT

ADMINISTRATION (OCT 2020)

4.20 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ..64

4.21 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT

(SEP 2019)

4.22 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN

2008)

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE

AND BONDS

A. If the bid/offer exceeds $150,000, an offer guarantee is required in an amount not less than twenty (20) percent of the bid/offer price or $3M, whichever is less.

B. Offerors are reminded that an acceptable Offer Guarantee MUST, be received with the bid/offer before the proposal opening. Failure to furnish the required offer guarantee in the proper form and amount, by the time set for opening of bids/offers, will require rejection of the bid/offer in all cases except those listed in Federal Acquisition Regulation (FAR) 28.101-4, and may be cause for rejection even then. For guidance, Bidders/Offerors are referred to FAR provision 52.228-1, BID GUARANTEE (SEP 1996) in the solicitation, FAR Part

28.101 Bid Guarantees, and FAR Part 28.2 Sureties and Other Security for Bonds. Corporate sureties offered for bonds must appear on the list contained in the Department of Treasury Circular 570, “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies, ” See http://www.fms.treas.gov/c570/c570.html

C. If the contract will exceed $30,000 but will not exceed $150,000, the bidder/offeror to whom award is made will be required to furnish a Payment Bond, Standard Form 25A, or alternative payment protection.

D. If the contract will exceed $150,000, the bidder/offeror to whom award is made shall be required to furnish a Payment Bond, Standard Form 25A, and a Performance Bond, Standard Form 25. Copies of the Standard Forms 25A and 25 may be obtained upon application to the Issuing Office.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO

BIDDERS/OFFERORS

INSTRUCTIONS TO OFFERORS FOR BID PREPARATION

THIS SECTION IS FOR SOLICITATION PURPOSES ONLY. THIS SECTION WILL BE

PHYSICALLY REMOVED FROM ANY RESULTANT AWARD BUT WILL BE DEEMED

INCORPORATED BY REFERENCE.

SUBMISSION OF BIDS: The bidder shall submit:

A completed and signed Standard Form 1442.

A completed copy of the Representations and Certifications (See FAR 52.204-8 Annual

Representations and Certifications (MAR 2012)).

Documentation of their safety record.

All forms and/or certifications as directed in the solicitation, including the specifications.

A copy of VetBiz registration A copy of System Award Management (SAM) registration to include vendors Unique

Entity Identifier (UEI) One (1) electronic/digital (pdf) copy of the Standard Form 1442 signed; copy shall include signed Standard Form 1442, Certificate copy of SAM registration, Certification copy VetBiz registration, copy of Standard Form 25 signed, copy of bid breakdown by divisions, signed copy of the VAAR 852.219-77 VA Notice of Limitations on Subcontracting. Email to Bryant.guerrant@va.gov

Electronic/Digital shall be submitted one (1) day prior to bid opening IAW FAR 14.304

A. SAFETY AND ENVIRONMENTAL RECORD: In order to be eligible for consideration and award, the contractor shall have no more than three serious, or one repeat, or one willful OSHA or EPA violation(s) in the past 3 years and have an Experience Modification Rate (EMR) of equal to or less than 1.0.

All Bidders/Offerors shall submit the following information pertaining to their past Safety and Environmental record with their bid.

1. A self-certification on company letterhead that the bidder 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. Bidders shall submit copies of their OSHA logs (OSHA Form 300A) for the past three years with their bid. If the firm has been in business for less than three years, they shall submit copies of their OSHA logs for the period of time they have been in business.

2. Information regarding their current Experience Modification Rate (EMR) equal to or less than 1.0. This information shall be obtained from the bidder’s/offeror’s insurance company and be furnished on the insurance carrier’s letterhead.

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

B. DESCRIPTION OF WORK: See STATEMENT OF WORK / BID ITEM LIST.

C. DISCLOSURE OF THE MAGNITUDE OF CONSTRUCTION FAR 36.204 (f): Between -

$1,000,000 to $5,000,000

D. NAICS: The NAICS Code for this procurement is 238220 – Plumbing, Heating and Air- Conditioning Contractors; Size Standard: $16.5 Million.

E. COMPLETION TIME: SEE BID ITEM LIST

F. SDVOSB SET-ASIDE: Effective June 20, 2007, Public Law 109-461, the Veterans Benefits, Health Care, and Information Technology Act of 2006 allow procurements to be set-aside for SDVOSBs and VOSBs. This procurement is 100% set-aside for Service-Disabled, Veteran- Owned Small Business (SDVOSB). Bids are solicited only from SDVOSB concerns and bids received from concerns that are not SDVOSB concerns shall be rejected. In order to be considered, the firm must be shown in the Center for Business Enterprise (VetBiz) website as verified at the time of submission of their bid. No award can be made unless the vendor is registered.

G. Plans/Drawings/Specifications: Drawings and specifications are attached in electronic format to this solicitation. Offerors are responsible for downloading and printing their own bid sets. The VA will not provide hard copies of the drawings and specifications to any offeror.

Contractors are responsible for ensuring that any construction document package used for proposals or construction is complete and up to date.

H. RESIDENT PROJECT ENGINEER: All reference to "Resident Project Engineer" in the solicitation will be changed to "Contracting Officer’s Representative" or “COR.”

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

J. DEPARTMENT OF VETERANS AFFAIRS: All reference to "Veteran's Administration" or "VA" in the solicitation will be changed to Department of Veterans Affairs".

K. METRIC PRODUCTS: Products manufactured to metric dimensions will be considered on an equal basis with those manufactured using inch-pound units, providing they fall within the tolerances specified using conversion tables and contained in the latest revision of Federal Standard No. 376, and all other requirements of this document are met.

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

L. CONTRACTOR RESPONSIBILITY: Contractor shall be required to complete all contract work and schedule a final inspection within the specified contract performance period.

Should the Contractor fail to complete the contract work (including scheduling of the final inspection), and it is determined by the Government to be a Contractor-caused delay, the Contractor shall be in default status. If the Government determines it to be in the best interest of the Government to allow the Contractor to continue to perform contract work, the Contractor shall provide equitable consideration to the Government for additional time granted for completion of contract work. Such agreement shall not be deemed a waiver of the Government’s right to terminate this contract in the event the Contractor fails to complete the contract work (including scheduling of the final inspection) on or before the completion date.

M. TRAINING: Effective July 1, 2005, all employees of the general contractor and subcontractors shall have the 10-hour OSHA certified construction safety course and/or other relevant competency training, as determined by the COR with input from the ICRA (Infection Control Risk Assessment) team. The General Contractor’s competent person shall have completed the 30-hour OSHA certified construction safety course.

Documentation of training shall be submitted to the Contracting Officer for review and approval prior to any work being performed. No ID badge will be issued to an employee who does not provide this documentation. There shall be no exceptions to this requirement.

N. TB TESTING: It is the responsibility of the contractor to provide TB training annually and a PPD test annually for any employee(s) providing services at Salem VAMC. The Government reserves the right to review the contractor’s records.

O. PRE-BID CONFERENCE / SITE VISIT: A pre-bid conference / site visit has been scheduled for Thursday, January 12, 2023, at 1:00PM EST, at the Salem VA Medical Center Building 143 Warehouse (Loading Dock area), Salem VAMC, Salem, VA. This pre-bid conference will be the only opportunity for potential offerors to visit the site.

NOTE: CUT-OFF DATE FOR QUESTIONS IS TUESDAY, JANUARY 24, 2023, BY

10:00AM EST REGARDING THIS SOLICITATION AND MUST BE SUBMITTED VIA E-

MAIL (Bryant.Guerrant@va.gov); NO TELEPHONE QUESTIONS WILL BE ACCEPTED.

BID DUE DATE IS: THURSDAY, FEBUARY 16, 2023 @ 2:00PM EST.

***ALL ELECTRONIC BIDS SHALL BE SUBMITTED ONE (1) DAY PRIOR TO BID DUE

DATE – WEDNESDAY, FEBRUARY 15, 2023, BEFORE 5:00PM EST TO BE

ACCEPTED***.

PUBLC BID OPENING IS: FRIDAY, FEBRUARY 17, 2023 @ 9:30AM EST.

Note: Bid opening will be virtual via Microsoft Teams as follows:

Microsoft Teams meeting

Join on your computer, mobile app or room device

Click here to join the meeting

Meeting ID: 243 253 830 536 Passcode: D6pc5a

Download Teams | Join on the web

Or call in (audio only)

+1 872-701-0185,,630987815# United States, Chicago

Phone Conference ID: 630 987 815#

P. KEYS: All keys provided the Contractor for use during the project shall be returned to the Contracting Officer's Representative (COR) at completion of the work or upon request. No keys shall be reproduced by the Contractor. There shall be a charge of $25.00 for each key that is lost or not returned to the COR. Payment shall be made to the Salem VA Medical Center, Salem, VA upon receipt of a Bill of Collection.

Q. PREPARATION OF BIDS/OFFERS/PROPOSALS: Neither the VAMC nor the VISN 6 NCO will pay for any costs incurred in preparation and submission of bids or proposals.

R. PRIVACY AND CONFIDENTIALITY: Contractors to the Department of Veteran Affairs may be unintentionally exposed to sensitive information. Information may be overheard, seen on documents or electronic devices, or observed that could potentially violate the privacy and confidentiality of our veterans, employees, volunteers, and their families. Regulations such as, but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Freedom of Information Act (FOIA) and Privacy Act of 1974 have been enacted to protect sensitive information from being improperly disclosed. Information should not be divulged or released to anyone unless specifically authorized by this contract or its’ attached documents in accordance with the contracted services. Failure to comply with applicable statutes and regulation can result in the termination of this contract and civil and criminal penalties, including fines and imprisonment. All suspected or actual breeches of privacy and confidentiality should be reported immediately to the Contracting Officer, Contracting Officer’s Representative (COR) or the Facility Privacy Officer. The C&A requirements do not apply, and a Security Accreditation Package is not required. If the contractor opts to use a computer or computer system for processing contract documents, the requirements of FIPS 140-2 for encryption of contract documents must be met.

S. VETS 100: 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 100 reporting information can be done electronically at: VETS 4212. Award cannot be made unless the awardee has filed their VETS 100 report; therefore, all bidders/offerors are encouraged to file every year.

T. 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. Bidders are encouraged to ensure that they are registered in SAM prior to submitting their bid.

U. LIMITATION ON SUBCONTRACTION (Reference Contract Clause FAR 52.219-14 (c) (4):

Construction by general trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

V. FEDERAL HOLIDAYS: The following Federal Legal Holidays are observed by Salem VA Medical Center:

New Year’s Day – 1 January Martin Luther King’s Birthday – Third Monday in January Presidents Day – Third Monday in February Memorial Day – Last Monday in May Juneteenth/Freedom Day – June 19 Independence Day – 4 July Labor Day – First Monday in September Columbus Day – Second Monday in October Veterans Day – 11 November Thanksgiving Day – Fourth Thursday in November Christmas Day – 25 December Any other Federal Holiday granted by the President of the United States

WAGE DETERMINATION: Wages for all contractors and subcontractors must comply with Davis Bacon Wage Determinations. The current determination is General Decision VA20220172 dated 08/19/2022. Be advised the determination that is current at the time of the Contract award is the determination that will apply for the project. Current determinations are always available at: http://www.wdol.gov/

"General Decision Number: VA20220172 08/19/2022

Superseded General Decision Number: VA20210172

State: Virginia

Construction Type: Building

Counties: Botetourt, Craig, Franklin and Roanoke Counties in

Virginia.

Includes the independent cities of Roanoke* and Salem*

BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories).

Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60).

|If the contract is entered |. Executive Order 14026 |

|into on or after January 30, | generally applies to the |

|2022, or the contract is | contract. |

|renewed or extended (e.g., an |. The contractor must pay |

|option is exercised) on or | all covered workers at |

|after January 30, 2022: | least $15.00 per hour (or |

| | the applicable wage rate |

| | listed on this wage |

| | determination, if it is |

| | higher) for all hours |

| | spent performing on the |

| | contract in 2022. |

|If the contract was awarded on|. Executive Order 13658 |

|or between January 1, 2015 and| generally applies to the |

|January 29, 2022, and the | contract. |

|contract is not renewed or |. The contractor must pay all|

|extended on or after January | covered workers at least |

|30, 2022: | $11.25 per hour (or the |

| | applicable wage rate listed|

| | on this wage determination,|

| | if it is higher) for all |

| | hours spent performing on |

| | that contract in 2022. |

The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the

Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request.

Additional information on contractor requirements and worker protections under the Executive Orders is available at https://www.dol.gov/agencies/whd/government-contracts.

Modification Number Publication Date

0 01/07/2022

1 02/25/2022

2 07/01/2022

3 08/19/2022

ASBE0024-006 04/01/2021

Rates Fringes

ASBESTOS WORKER/HEAT & FROST

INSULATOR - MECHANICAL (Duct, Pipe & Mechanical System

Insulation)......................$ 39.27 18.67+a

a. PAID HOLIDAYS: New Year's Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day,the day after Thanksgiving and Christmas

Day provided the employee works the regular work day before and after the paid holiday.

BOIL0045-003 01/01/2021

Rates Fringes

BOILERMAKER......................$ 42.62 24.81

* ENGI0147-019 05/01/2022

Rates Fringes

POWER EQUIPMENT OPERATOR

Cranes 90 tons & over capacity; Tower & Climbing

Cranes with Controls 100

ft. above ground............$ 34.17 15.21

Cranes under 90 tons........$ 33.26 15.12

IRON0005-010 06/01/2022

Rates Fringes

IRONWORKER.......................$ 34.85 24.84

PAIN0051-033 06/01/2021

Rates Fringes

PAINTER: Spray Only..............$ 25.50 11.27

* SUVA2013-059 01/11/2016

Rates Fringes

BRICKLAYER.......................$ 23.87 6.81

CARPENTER........................$ 13.49 ** 1.10

ELECTRICIAN......................$ 21.78 9.31

IRONWORKER, REINFORCING..........$ 25.36 6.68

LABORER: Common or General, Including Mason Tender -

Brick and Cement, and

Pipelaying.......................$ 15.15 1.58

OPERATOR:

Backhoe/Excavator/Trackhoe.......$ 16.24 0.87

OPERATOR: Bobcat/Skid

Steer/Skid Loader................$ 18.95 4.03

OPERATOR: Bulldozer.............$ 16.00 0.00

OPERATOR: Forklift..............$ 19.40 7.00

OPERATOR: Loader................$ 21.28 3.17

OPERATOR: Roller................$ 16.25 4.88

PAINTER (Brush and Roller).......$ 20.01 0.00

PIPEFITTER.......................$ 24.98 9.14

PLUMBER..........................$ 21.15 3.92

ROOFER...........................$ 16.17 3.73

SHEET METAL WORKER, Includes

HVAC Duct Installation...........$ 18.38 3.30

TILE FINISHER....................$ 23.40 0.00

TILE SETTER......................$ 27.80 10.25

TRUCK DRIVER: Dump Truck........$ 16.58 1.73

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($15.00) or 13658

($11.25). Please see the Note at the top of the wage determination for more information.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the

Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses

(29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate

(weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or

""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010

08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour

National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the

Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations

Wage and Hour Division

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator

(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative

Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISIO"

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 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—

CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American—Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Hand-Carried Address:

Department of Veterans Affairs

Contracting Office Network Contracting Office 6 1970 Roanoke Blvd Salem VA 24153 Mailing Address:

Department of Veterans Affairs

Contracting Office Network Contracting Office 6 1970 Roanoke Blvd Salem VA 24153

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

2.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

FAR

Number

Title Date

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING

AUG 2020

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL JAN 2017

52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS DEC 2016

52.214-4 FALSE STATEMENTS IN BIDS APR 1984

52.214-5 SUBMISSION OF BIDS DEC 2016

52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS APR 1984

52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND

WITHDRAWALS OF BIDS

NOV 1999

52.214-18 PREPARATION OF BIDS—CONSTRUCTION APR 1984

52.214-19 CONTRACT AWARD—SEALED BIDDING—

CONSTRUCTION

AUG 1996

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE APR 1991

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY APR 1991

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION

TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR

CONSTRUCTION

FEB 1999

52.228-1 BID GUARANTEE SEP 1996

52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID

GUARANTEE)

FEB 2021

52.236-27 SITE VISIT (CONSTRUCTION) ALTERNATE I (FEB 1995) FEB 1995

2.6 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED

AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC

2009) Prime contractors are encouraged to assist service-disabled veteran-owned and veteran-owned small business potential subcontractors in obtaining bonding, when required. Mentor firms are encouraged to assist protégé firms under VA's Mentor-Protégé Program in obtaining acceptable bid, payment, and performance bonds, when required, as a prime contractor under a solicitation or contract and in obtaining any required bonds under subcontracts.

(End of Clause)

2.7 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION (OCT 2018)

(a) Any protest filed by an interested party shall—

(1) Include the name, address, fax number, email and telephone number of the protester;

(2) Identify the solicitation and/or contract number;

(3) Include an original signed by the protester or the protester’s representative and at least one copy;

(4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents;

(5) Specifically request a ruling of the individual upon whom the protest is served;

(6) State the form of relief requested; and

(7) Provide all information establishing the timeliness of the protest.

(b) Failure to comply with the above may result in dismissal of the protest without further consideration.

(c) Bidders/offerors and Contracting Officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.

(End of Provision)

2.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

(a) As an alternative to filing a protest with the Contracting Officer, an interested party may file a protest by mail or electronically with: Executive Director, Office of Acquisition and Logistics, Risk Management and Compliance Service (003A2C), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420 or Email: EDProtests@va.gov.

(b) The protest will not be considered if the interested party has a protest on the same or similar issue(s) pending with the Contracting Officer.

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY

2022) (JUL 2020) (DEVIATION)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238220.

(2) The small business size standard is $16.5 Million.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204–7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services—Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations— Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA,…