Z1DZ--Project# 626-22-201 Upgrade Oxygen

Project# 626-22-201 Upgrade Oxygen

Project

626-22-201-Upgrade Oxygen

?.## IMPORTANT BIDDER INFORMATION

IMPORTANT BIDDER INFORMATION

BIDDING MATERIALS: All bidding materials consisting of drawings, specifications, contract forms,

Amendments, and other documents will be posted to the Contract Opportunities Government website

located at https://sam.gov/. This is the only official location where these documents can be obtained and

where updates are posted. No hard copy bidding materials are available.

BID SUBMISSION: The following documents must be included in the bid submission in the formats as

stated:

One (1) electronic copy (to include all pages of the posted solicitation 36C24924B0007) of the

original Solicitation as posted on contract opportunities, fully completed and signed and dated SF 1442

Offer page ( wet ink signature ), acknowledgment of all amendments issued by either completing block

19 of the SF1442 or completing blocks 15a, b, and c of the Amendment(s) and providing them with the

SF 1442 Offer page; bid prices on all line items listed on the Price/Cost Schedule; completed

Representations and Certifications section (FAR 52.204-8, 52.209-5 (Deviation), and 52.209-7); and fully

completed Contractor Experience Modification Rate (EMR) Certification documents.

One (1) electronic copy of an original completed and signed SF 24 Bid Bond or other allowable Bid

Security. Any missing elements of the bid submission could render the offeror ineligible and their bid will

not be considered.

Bidders are responsible for insuring and verifying their offer and all required bid documents are received

at the office and point of contact designated in block 8 of the SF 1442 and by the date and time specified

in block 13A of the SF 1442 (subject to amendment).

NOTE: Hard Copies will not be considered.

The official bid opening will be January 17. 2024, at 13:00 CT and will occur via Microsoft Teams

call-in at the following number/code: +1 872-701-0185, Phone Conference ID: 147 821 426#

PROJECT INFORMATION

PROJECT TITLE AND NUMBER: 621-21-107 -Replace Upgrade Diesel Storage Tanks

PROJECT LOCATION: Tennessee Valley Healthcare System, VA Medical Center, 1310 24th Avenue South, Nashville, TN 37212.

NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM CODE: (NAICS): 238910 - Site Preparation Contractors

SMALL BUSINESS SIZE STANDARD: $19 Million

TYPE OF SET-ASIDE: This solicitation is a 100% set-aside for SERVICE-DISABLED VETERAN

OWNED SMALL BUSINESS (SDVOSB).

Federal Holidays: Federal law (5 U.S.C. 6103) establishes the following public holidays for Federal employees: New Year s Day, Birthday of Martin Luther King, Jr., Washington s Birthday, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day. Please note that most Federal employees work on a Monday through Friday schedule. For these employees, when a holiday falls on a non-workday -- Saturday or Sunday -- the holiday usually is observed on Monday (if the holiday falls on Sunday) or Friday (if the holiday falls on Saturday). All contractors are required to complete the VA Privacy Training for Personnel without Access to VA Computer Systems or Direct Access or Use to VA Sensitive Information. A copy of the signed training must be submitted to the COR and uploaded into VA Talent Management System (TMS). Page 6 of 54 Contractor employees shall not be considered government employees for any purpose under this contract.

Changes to any resultant contract may only be made by a written modification which is formally executed

by the contractor and the Contracting Officer.

DATABASE REGISTRATION INFORMATION

SYSTEM FOR AWARD MANAGEMENT (SAM) REGISTRATION: The System for Award

Management (SAM) website located at https://sam.gov is the Official U.S. Government system that

consolidated the capabilities of the Central Contractor Registration (CCR including FedReg), Online

Representations and Certifications Application (ORCA), and the Excluded Parties List System (EPLS).

Federal Acquisition Regulations require that federal contractors wishing to do business with the

Government and bid on work shall have an active registration in SAM. If the Offeror does not have an

active registration in the SAM database at the time of bid submission and are the apparently successful

low offeror, the Contracting Officer shall prescribe a time within which the offeror shall have an active

registration in SAM; otherwise the Contracting Officer shall deem the offeror s bid non-responsive to the

solicitation requirements and proceed to award to the next lowest offer.

THE EXCLUDED PARTIES LIST SYSTEM (EPLS): To ensure that the individuals or businesses

providing services under the contract have not engaged in fraud or abuse regarding Sections 1128 and

1128A of the Social Security Act regarding federal health care programs, the contractor is required to

check the Excluded Parties List System (EPLS) located at https://sam.gov for each person or business

providing services under this contract. During the performance of this contract the Contractor is

prohibited from using any individual or business listed on the List of Excluded Individuals/Entities.

VETS-4212 REPORTING REQUIREMENT: Contractors are required to submit a required annual

Form VETS-4212, Federal Contractor Veterans' Employment Report in all cases where the contractor or

subcontractor has received an award of $150,000 or more in any fiscal year. Contracting Officers are

prohibited from awarding a contract to a contractor that has not submitted a required VETS-4212 Report

with respect to the preceding fiscal year if the contractor was subject to the reporting requirement of 38

U.S.C. 4212(d). Submit this report as soon as possible, if not already submitted, to avoid delays in the

contract award process. For more information on this requirement and/or for completing the web-based

reporting form, visit the following website https://www.dol.gov/agencies/vets/programs/vets4212. See

FAR provision 52.222-38, Compliance with Veterans' Employment Reporting Requirements (FEB 2016)

under the Representations, Certifications and Other Statements of Offerors, and FAR clause 52.222-37,

Employment Reports on Veterans (FEB 2016) under the General Conditions.

BONDING INFORMATION

BID GUARANTEE: A bid guarantee is required in an amount not less than 20 percent of the bid price

but shall not exceed $3,000,000. Failure to furnish the required bid guarantee in the proper form and

amount, by the time set for opening of bids, shall require rejection of the bid in all cases except those

listed in Federal Acquisition Regulation (FAR) 28.101-4. Bid Bonds must be provided using Standard

Form 24 (see FAR 28.106-1) and the form must be provided in original (no white outs, faxed or copied

signatures, seals) with wet ink signatures and contain the proper solicitation number, bid opening date,

and be from a corporate surety listed in Department of Treasury Circular 570. Individual sureties shall be

determined acceptable to the Contracting Officer (see FAR 28.203) and be accompanied by Standard

Form 28 Affidavit of Individual Surety. Other forms of bid security may be acceptable as denoted in

FAR Part 28.203-2.

PERFORMANCE AND PAYMENT BONDS: In accordance with Contract Clause 52.228-15, and

FAR 28.102, Contractors are reminded that any amount awarded over $35,000.00 shall require a Payment

Bond (SF 25A), and awards exceeding $150,000.00 shall require both Payment and Performance Bonds (SF 25). Payment and Performance bonds are due no later than 10 days after notification of award. Bonds must be provided with original wet ink signatures - no white-outs or other corrections are allowable. Copies and facsimiles of bonds shall not be accepted.

SECURITY

BACKGROUND INVESTIGATIONS: All contractor employees are subject to the same level of

investigation as VA employees who have access to VA Sensitive Information. The level of background

investigation is commensurate with the level of access needed to perform the statement of work. This

requirement is also applicable to all subcontractor personnel requiring the same level of access.

Levels and associated types of Background Investigations:

If the project requires that workers have only limited physical access to the VA facility for a

period of one year or less, a local flash badge with fingerprint check is issued.

If the project requires that workers require un-supervised, logical and/or physical access for 180

consecutive or aggregate days in a 365-day period, over a 3-year period, a background

investigation may be required (Special Agency Check (SAC)) which must be completed prior to

being allowed access.

If the project requires that workers have access to a VA Network (such as the Building

Management System) or un-supervised, full-time, logical, and/or restricted physical access for

more than 6 months or more than 180 aggregate days in a one-year period, a background

investigation is required (Special Agency Check and National Agency Check with Written

Inquiries (NACI)) and access is not allowed until a favorable SAC completion.

All costs for SAC and NACI checks are borne by the contractor. The VA may at its discretion

make deductions against the contract in order to recoup the investigation costs. The estimated

cost for a SAC is $30.00 per employee and the estimated cost for a NACI check is $408.00 per

employee (subject to change at any time).

MEDICAL CENTER ACCESS: Anyone participating in the site visit, or for any other reason that

involves visiting the medical center related to this solicitation, must have a valid ID on their person and

their vehicle must be properly registered and insured. Visitors are prohibited from possessing weapons

while on a federal installation (See 18 USC 930 Possession of Firearms and Dangerous Weapons in

Federal Facilities). Handheld cellphone usage or texting while driving is also prohibited. All VA

Medical Centers and associated properties are Federal Property.

PRIVACY TRAINING: All workers regardless of project length must take VA Privacy Training which

will be coordinated after project award with the Contracting Officer s Representative.

E-VERIFY SYSTEM: Companies awarded a contract with the federal government shall enroll in E

Verify within 30 days of the contract award date. They shall also begin using the E-Verify system to

confirm that all of their new hires and their employees directly working on federal contracts are

authorized to legally work in the United States. E-Verify is an Internet-based system that allows an

employer, using information reported on an employee's Form I-9, to determine the eligibility of that

employee to work in the United States. There is no charge to employers to use E-Verify. (FAR 52.222-54).

PRIME CONTRACTOR INFORMATION- SAFETY OR ENVIRONMENTAL VIOLATIONS

AND EXPERIENCE MODIFICATION RATING INFORMATION

All Bidders/Offerors shall submit information pertaining to their past Safety and Environmental record

(using the attached EMR information/data form). The information must contain a certification that the

bidder/offeror has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or any EPA

violation(s) in the past three years. If such certification cannot be made, a Bidder/Offeror shall explain

why and submit as much information as possible regarding the circumstances of its past safety and

environmental record, including the number of EPA violations and/or the number of serious, repeat,

and/or willful OSHA violations, along with a detailed description of those violations.

All Bidders/Offerors shall submit information regarding their current Experience Modification Rate

(EMR). This information shall be obtained from the Bidders/Offeror s insurance carrier and be furnished

on the insurance carrier s letterhead. If a Bidder/Offeror s EMR is above 1.0, Bidder/Offeror must submit

a written explanation of the EMR from its insurance carrier furnished on the insurance carrier s

letterhead, describing the reasons for the elevated EMR and the anticipated date the EMR may be reduced

to 1.0 or below.

Self-insured contractors or other contractors that cannot provide their EMR rating on insurance letterhead

must obtain a rating from the National Council on Compensation Insurance, Inc. (NCCI) by

completing/submitting form ERM-6 and providing the rating on letterhead from NCCI. Note: Self

insured contractors or other contractors that cannot provide EMR rating on insurance letterhead from the

states or territories of CA, DE, MI, NJ, ND, OH, PA, WA, WY, and Puerto Rico shall obtain their EMR

rating from their state-run worker s compensation insurance rating bureau.

If the NCCI cannot issue an EMR because the Bidder/Offeror lacks insurance history, Bidder/Offeror

shall submit a letter indicating so from its insurance carrier furnished on the insurance carrier s letterhead

and include a letter from the NCCI indicating that it has assigned Bidder/Offeror a Unity Rating of 1.0.

The above information, along with other information obtained from Government systems, such as the

OSHA and EPA online inspection history databases, will be used to make 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.

CONFORMANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS: The Contractor shall

perform work under this contract consistent with the relevant policy and objectives identified in the

agency, organizational, or facility Green Environmental Management System (GEMS) applicable for the

contract. The Contractor shall perform work in a manner that conforms to all appropriate Environmental

Management Programs and Operational Controls identified by the agency, organizational, or facility

GEMS, and provide monitoring and measurement information as necessary for the organization to

address environmental performance relative to the environmental, energy, and transportation management

goals. In the event an environmental nonconformance or noncompliance associated with the contracted

services is identified, the contractor shall take corrective and/or preventative actions. In the case of a

noncompliance, the Contractor shall respond and take corrective action immediately. In the case of a nonconformance, the Contractor shall respond and take corrective action based on the time schedule established by the facility GEMS Coordinator. In addition, the Contractor shall ensure that their

employees are aware of the roles and responsibilities identified by the environmental management system

and how these requirements affect their work performed under this contract.

All on-site contractor personnel shall complete yearly EPA sponsored environmental training specified

for the type of work conducted on-site. Upon inclusion in the contract, the Contracting Officer's

Representative will verify that all contractor personnel have acquired EMS Awareness Training at their

appropriate site or location.

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

OR PROJECT MANAGER: Any reference contained within contract specifications and/or drawings to

the VA Engineer , Resident Engineer , Senior Resident Engineer , Project Manager , or their

abbreviations are to be replaced with Contracting Officer s Representative (COR) .

PAYMENT FOR MATERIALS STORED OFF-SITE: Payment in advance of installation for

materials stored off-site is not authorized under this contract unless otherwise approved by the

Contracting Officer.

SCHEDULE OF MATERIAL SUBMITTALS: The submittals contemplated by FAR 52.236-5,

Material and Workmanship, are listed on the Schedule of Material Submittals in the Specifications, if

provided. The schedule is for reference only the selected contractor is responsible to provide all

submittals required by the contract.

REVIEW REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE

ASSESSMENT SYSTEM (CPARS)

As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs

(VA) evaluates contractor past performance on all contracts that exceed $750,000 and shares those

evaluations with other Federal Government contract specialists and procurement officials. The FAR

requires that the contractor be provided an opportunity to comment on past performance evaluations prior

to each report closing. To fulfill this requirement VA uses an online database, CPARS, which is

maintained by the Naval Seal Logistics Center in Portsmouth, Virginia. CPARS has connectivity with the

Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal

agencies. PPIRS is the system used to collect and retrieve performance assessment reports used in source

selection determinations and completed CPARS report cards transferred to PPIRS. CPARS also includes

access to the federal awardee performance and integrity information system (FAPIIS). FAPIIS is a web

enabled application accessed via CPARS for contractor responsibility determination information.

Each contractor whose contract award is estimated to exceed $750,000 is required to register with CPARS

database at the following web address: www.cpars.csd.disa.mil. Help in registering can be obtained by

contacting Customer Support Desk at 207-438-1690. Registration should occur no later than thirty days

after contract award and must be kept current should there be any change to the contractor's registered

representative.

For contracts with a period of one year or less, the contracting officer will perform a single evaluation

when the contract is complete. For contracts exceeding one year, the contracting officer will evaluate the

contractor's performance annually. Interim reports will be filed each year until the last year of the

contract, when the final report will be completed. The report shall be assigned in CPARS to the

contractor's designated representative for comment. The contractor representative will have thirty days to

submit any comments and re-assign the report to the VA contracting officer.

Failure to have a current registration in the CPARS database, or to re-assign the report to the VA

contracting officer within those thirty days, will result in the Government's evaluation being placed on file

in the database with a statement that the contractor failed to respond.

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION RECORDS POLICIES

1. Contractor shall comply with all applicable records management laws and regulations, as well as

National Archives and Records Administration (NARA) records policies, including but not limited to the

Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII

Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act

of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or

characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling

under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C.

chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the

Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition

only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use

or created in the course of performing the contract and/or delivered to, or under the legal control of the

Government and must be managed in accordance with Federal law. Electronic records and associated

metadata must be accompanied by sufficient technical documentation to permit understanding and use of

the records and data.

4. The Government and its contractors are responsible for preventing the alienation or unauthorized

destruction of records, including all forms of mutilation. Records may not be removed from the legal

custody of the Government or destroyed except for in accordance with the provisions of the agency

records schedules and with the written concurrence of the Head of the Contracting Activity (HCA).

Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and

penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing,

alteration, or destruction of records, the contractor must report it to Government Contracting Officer. The

agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Government Contracting Officer upon

discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials,

records or equipment. Disclosure of non-public information is limited to authorized personnel with a

need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate

personnel, administrative, technical, and physical safeguards are established to ensure the security and

confidentiality of this information, data, documentary material, records and/or equipment is properly

protected. The Contractor shall not remove material from Government facilities or systems, or facilities

or systems operated or maintained on the Government s behalf, without the express written permission of

the Head of the Contracting Activity. When information, data, documentary material, records and/or

equipment is no longer required, it shall be returned to the Government s control or the Contractor must

hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed,

or securely electronically transmitted to the Contracting Officer who awarded the contract. Destruction of

records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any

contractual relationship (sub-contractor) in support of this contract requiring the disclosure of

information, documentary material and/or records generated under, or relating to, contracts. The

Contractor (and any sub-contractor) is required to abide by all Government guidance for protecting

sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized

by the contract and in accordance with the project location VA Medical Center s written policy.

8. The Contractor shall not create or maintain any records containing any non-public Government

information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains

information covered by the Privacy Act of 1974 or that which is generally protected from public

disclosure by an exemption to the Freedom of Information Act.

10. The Government owns the rights to all data and records produced as part of this contract. All

deliverables under the contract are the property of the U.S. Government and shall have unlimited rights to

use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any

Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through

FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise

handle records are required to take VHA-provided records management training, Talent Management

System (TMS) Item #3873736, Records Management for Records Officers and Liaisons. The Contractor

is responsible for confirming training has been completed according to agency policies, including initial

training and any annual or refresher training. All training shall be coordinate with the Contracting

Officer s Representative assigned to the contract.