1 - 36C26124R0081.docx

NCO 21 MACC

GROUP 2

TASK ORDER PROPOSAL REQUEST

Center for Aging (CFA) Kitchen Renovation

PLACE OF PERFORMANCE

VA Pacific Islands Health Care System 459 Patterson Road Honolulu, HI 96819

NOTICE TO VETERANS INTGRATED SERVICE NETWORK 21 (VISN 21)

MULTIPLE AWARD CONSTRUCTION CONTRACT (MACC) HOLDERS

Description: THE RESULTING SOLCITATION IS A TASK ORDER PROPOSAL REQUEST. Proposals will only be requested and accepted from contractors who were awarded a Veterans Integrated Service Network 21 (VISN 21) Multiple-Award Construction Contract (MACC) from Network Contracting Office 21 (NCO 21).

Point of Contact: Kristin Kennedy, Contract Specialist, Kristin.kennedy1@va.gov

Project Title: CFA Kitchen Renovation.

Project specifications and all associated project documents shall be incorporated into the Task Order Bid Request which shall be posted electronically through https://sam.gov

Questions regarding this notice shall be submitted via e-mail to: kristin.kennedy1@va.gov.

Site Visit: A Site Visit is scheduled for Friday, September 6, 2024 at 8:30 A.M. Honolulu Time .

36C26124R0081 The following firms are eligible for award of the resulting task order:

MACC GROUP 2

Ground Level – Overaa Joint Venture

5013 Forni Drive

Concord, CA 94520

**Any offers received from contractors not mentioned above will not be accepted.

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.

36C26124R0081

X 08-22-2024

459-25-1-859-0001

459-24-002 36C261 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Sierra Nevada Health Care System 975 Kirman Avenue Reno NV 89502-2597 Proposals have been authorized to be sent electronically to Charee Harris email: kristin.kennedy1@va.gov

CA 94304

Kristin Kennedy 925-372-2039 Award is planned for FY 2025

Project Title: CFA Kitchen Renovation Project No. 459-24-002 Project Locations: VA Pacific Islands Healthcare System, 459 Patterson Road, Honolulu, HI 96819

The Contractor shall provide all labor, materials, equipment, tools, and supervision required for the renovation of the Center For Aging (CFA) Kitchen Renovation in accordance with the statement of work.

In accordance with VAAR 836.204, disclosure of the magnitude of construction projects, the magnitude of construction for Project 640-22-100 is Between $750,000.00 and $1,500,000.00.

The NAICS code for this solicitation is 236220 Commercial and Institutional Building Construction with a small business size standard of $45 million.

Bid bonds, payment bonds, and performance bonds shall be required under this solicitation and any resultant contract.

Site Visit is scheduled for Friday, September 6, 2024 at 8:30 AM Honlulu Time See 52.236-27 Site Visit for details.

Requests for Information (RFIs) are due Tuesday, September 24, 2024 at 10:00 AM Honolulu Time.

This project shall be completed within 180 days after Notice to Proceed (NTP).

The NCO 21 MACC Group 2 will be utilized to execute this construction project.

Offerors must be verified in the Veterans Small Business Certification (VetCert) when the offer is submitted and, if the apparent awardee, prior to award.

Wage Determination HI20240001 5.17.2024 applies to this solicitation.

VAAR Clause 852.219-75 needs to be completed when submitting offer; if not provided, offer will not be considered for award.

ten (10)

X x 52.211-10 X

10:00 AM

09-26-2024 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

612MCP

Department of Veterans Affairs

Network Contracting Office (NCO) 21 3237 Peacekeeper Way, Bldg 200 Suite 204 McClellan CA 95652

Department of Veterans Affairs FMS VA-9(101) Financial Services Center

PO Box 149971 Austin TX 78714-9971

Table of Contents

SCOPE OF WORK (SOW):

Project # 459-24-002, shall renovate the existing kitchen space located at Center for Aging (CFA, Bldg. 110) VA Pacific Islands Healthcare System 459 Patterson Road, Honolulu, HI 96819 into a functional kitchen that meets all current VA Design guides, and local code requirements and includes demolishing out the entire kitchen hood ventilation system and replacing it with new. The new hood must meet all VA requirements and must also be a perfect fit in the provided space. Note: that the CFA is a working facility and phasing plans for minimizing downtime provisions for continuation of service during outages is critical to this project.

Scope also includes the following:

1. Contractor shall provide all labor and materials, unless it is stated specifically that is it VA furnished.

2. Perform a NESHAP asbestos survey of affected spaces.

3. Replacing the stove and hood in A111. Hood shall follow NFPA 101 and the VA Small House Model Design Guide. Hood size shall be increased to properly capture for the system.

4. Replace and upsize the exhaust fan and ductwork serving the hood for the new capture.

5. Replacing the refrigeration systems serving Cooler #1 and Cooler #2.

6. Replacing the existing supply and exhaust fans in A11C and adding controls to tie in operation with kitchen exhaust systems. Supply fan shall be upsized to properly makeup for increased hood exhaust flow.

7. Testing and balancing airflow in affected spaces

8. Replacing the grease trap at the service drive entrance.

9. Replacing the fire extinguisher in A111.

10. New fire suppression system for new hood.

11. Reconfiguring the HVAC, electrical, and plumbing accordingly with the new architectural layout.

12. Removal of the western wall of A112 and expanding the space for additional dry food storage.

13. All existing equipment that is not to be disposed, the contractor shall remove, store, and reinstall.

14. All equipment that will be disposed of, shall be disposed of properly.

15. Kitchen hood exhaust fan motor shall be mounted in the attic/plenum space and not on the roof.

16. Walk-In Cooler refrigeration split systems will be replaced. The walk-in enclosure will be retained.

17. Walk-In Cooler upgrades shall be replaced one at a time. Temporary coolers shall be in the dining room space.

18. Room A112 is expanding with this scope of work, food warmer locations must be relocated to coordinate with the new layout. Food warmers may be in the dining room area during construction.

19. Confirmed CFA kitchen will be closed during construction.

20. Food Delivery will be coordinated by CFA staff and may be through the front door when kitchen access is not available.

21. Room A112 shall be expanded for additional food storage per the SOW.

22. A temporary mobile freezer shall be installed outside the construction area. A new reach-in solid door freezer was ordered with this project.

23. All utility shutdowns shall be coordinated with CFA staff. A minimum of 3 weeks’ notice is required. Contractor shall verify all breakers affected, shutdown duration and number of shutdowns. Based on this outage submittal, additional shutdowns may be required.

New Kitchen equipment is as follows:

Items below are VA furnish kitchen equipment. Contractor shall install the equipment:

1. Flat Top Gas Griddle (1 EA) – 48” Model Restaurant Equipment Hawaii Brand Propane Gas Flat Top Manual Griddle Dimensions:48"x30"x16" Power: 120,000BTU/hr. (4 Burners, 30,000 BTU/hr. per burner) Stainless Steel in The Front and Sides N.W:48”x30”x16”). STK#: MG-48.

2. Reach-In Solid Swing Door Freezer (1 EA) - Restaurant Equipment Hawaii Brand 2 Door 54" Model, CFD Series Stainless Steel Dimensions: 54"x32 1/4"x82, 1/2" Doors: 2 Shelves: 6 Capacity: 47 cu.ft. AMPS: 10.7 Voltage: 115 Phase: 1, Refrigeration: -8°F and 0°F STK#: BSF49T-HC.

3. Reach-In Solid Door Refrigerator (1 EA) - Restaurant Equipment Hawaii Brand 2 Door 54" Model – CFD Series Stainless Steel Dimensions: 54"x32.2"x82.5”, Doors: 2 Shelves: 6 Capacity: 47 cu.ft. Refrigeration: 33°F - 41°F AMPS: 3.8 Voltage: 115 Plug Type: NEMA 5-15P STK#: FSR49T-HC.

4. Worktable 30''x84'' Restaurant (2 EA) - Restaurant Equipment Hawaii Brand Stainless-Steel Worktable Dimensions: 30"x84"x34"H 20 GA. Stainless, Steel Flat Top Shelf. 20 GA. Stainless Steel Under-Shelf and Hat Channel. Stainless Steel Leg, Socket, And Bullet Feet. With 6 Legs STK#: SLAG-307-X.

5. Convection Oven - Double Door (1 EA) – Restaurant Equipment Hawaii Brand - Propane Double Door, Convection Oven Stainless Steel, Front Sides with Robust Support, Dimensions: 32.5"x22"x56", Number of burners: 3, Each 18,000 BTU/hr. Voltage: 120V Amps: 9.3, Net Weight: 408 lbs. Gross Weight: 606 lbs. Racks: 4, 13 rack positions Double Stacking Options to optimize your kitchen space. STK#: BGS/12SC.

6. Chef Base - 52" Model Restaurant (1 EA) - Equipment Hawaii Brand 52" Chef Base Refrigerator on Wheels, Dimensions: 51 7/8"x32 1/8"x25, 3/8"H Capacity: 9.9 cu.ft., Drawers: 2 Pan Capacity: 4, (2 full-sized pans per drawer), Voltage: 115 Amps: 3.48 Phase:1, Refrigeration: 33°F to 41°F STK#: BACB53M-HC.

7. Sheet S/S Stainless Steel Sheet (10 EA) – Metal Stainless Steel Sheet, Approximate Dimension: 4' x 8' This Price STK#: SS Sheet.

Additional information:

1. Contractor shall conduct TB risk assessment and provide documentation that employee(s) have been cleared to work at VAPIHCS facility. This will be of no cost to the Federal Government. Documentation should be sent directly to VAPIHCS Construction Safety Officer.

2. The Contractor shall coordinate with Contracting Officer Representative (COR) for access to facilities and provide a minimum of two (2) week’s notice to areas where work will be performed. Once notice is received COR will coordinate with CFA staff to ensure patients are not in the area. Work may commence during normal business hours. Normal business hours are 7:00 am to 5:00 pm weekdays Monday to Friday. There is the possibility of weekend work as needed and coordination will need to be made with CFA leadership. There is no holiday work.

3. COVID protocol for CFA is as follows:

1) Mandatory to always wear mask over nose and mouth whether outside or indoor on property.

2) Daily health screening is required prior to proceeding anywhere on the facility.

3) Contractor can enter facility only if healthy and passes screening.

4. Contractor is not to interact with patients or staff and must keep a 6-foot distance. If patients or staff tries to interact, please notify the COR as soon as possible. Minimize any disturbance to patients and staff.

5. Period of performance is 180 working days.

NARA Records Management Language for Contracts (May 2017):

https://www.archives.gov/records-mgmt/handbook/records-mgmt-language.html

RECORDS MANAGEMENT OBLIGATIONS

A. Applicability

This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions “Federal Record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. includes [Agency] records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their [Agency] contract.

4. may include deliverables and documentation associated with deliverables.

C. Requirements

The following standard Items relate to records generated in executing this contract and should be included in a typical contract where records could possibly be created, maintained, or dispositioned:

ADD THE FOLLOWING 11 ITEMS TO THE STATEMENT OF WORK (SOW):

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. [FACILITY] 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 [FACILITY] 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. 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, Contractor must report to [FACILITY]. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate 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 [FACILITY] 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 or address prescribed in the [contract vehicle]. 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 Government and [FACILITY] 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 [FACILITY] policy.

8. The Contractor shall not create or maintain any records containing any non-public [FACILITY] 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 [FACILITY] 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 for which [FACILITY] 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. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.]

D. Flowdown of requirements to Subcontractors

1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

INSTRUCTIONS TO OFFERORS

PART I. GENERAL

This requirement is being solicited utilizing the procedures outlined in FAR 16.505 Ordering. The Government intends to solicit to all VISN 21 Group 2 MACC Awardees thereby providing Fair Opportunity as required by FAR 16.505 (b) Orders Under Multiple Award Contracts.

The Government intends to award, without conducting discussions, to the Offeror proposing the best value to the Government. Offers will be evaluated and an award made based on price only. The Government reserves the right to conduct discussions if the Contracting Officer later determines that that is necessary.

INSTRUCTIONS FOR SUBMITTING QUESTIONS REGARDING SOLICITATION

Requests for Information (RFIs) / Questions regarding this TOPR shall be submitted in writing in Word format via electronic mail to kristin.kennedy1@va.gov by no later than Tuesday, September 24, 2024, 10:00 AM Honolulu Time. RFIs/Questions shall reference the drawing/detail and/or the specification section including paragraph number. Verbal queries will not be entertained. Responses to the properly submitted questions will be provided in the form of an Amendment.

PART II. EVALUATION FACTORS AND BASIS OF AWARD

BASIS OF AWARD

The contract resulting from this solicitation will be awarded to the responsible Offeror whose offer, conforming to the solicitation, is determined to be the most advantageous to the Government, considering price only.

The CO's responsibility determination will include a review of the Offerors' Safety/EMR and past performance records, including, but not limited to, CPARS, OSHA and EPA records.

PART III. TASK ORDER PROPOSAL REQUEST (TOPR) EVALUATION CRITERIA Price only:

(a) The Government will evaluate the lowest price offer to determine if the price is fair and reasonable for the work to be performed. Attachment B - Price Breakdown sheet information will be used, if necessary, to assist the Government in performing the price evaluation described above.

Price will be the only evaluation factor in accordance with FAR 15.404-1(b).

(b) Contractors shall complete and submit Attachment B - Price Breakdown sheet with offer; and shall enter the total project price in block 17 of SF 1442.

PART IV. PROPOSAL SUBMISSION REQUIREMENTS

The following documents shall be included in your offer submission:

· Completed and signed SF 1442 Offer page, with amount entered in block 17.

· Acknowledgment of all amendments, either by entering data in block 19 of SF 1442, or by completing blocks 15a, b and c of SF 30 Amendment and attaching to SF 1442 Offer page.

· Completed Attachment B – Price Proposal Breakdown sheet.

· Completed and signed Attachment C - Contractor Certification re: Safety and Environmental, including EMR and insurance carrier supporting documentation.

· Completed and signed VAAR 852.219-75.

· Bid Bond

Offerors are responsible for ensuring and verifying their price and all required documents are accurate, current, complete, and submitted in SAM.gov or via email by the due date and time specified in block 13A of the SF 1442 Solicitation (subject to amendment). Any exception to the terms and conditions of this request for proposal will result in a non-responsive offer.

The VA will NOT pay any contractor or subcontractor for any cost incurred in the preparation and submission of the contractor's offer.

2.1 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021)

(a) Offerors shall obtain from each person acting as an individual surety on a bid guarantee—

(1) A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203–1; and

(2) Standard Form 28, Affidavit of Individual Surety.

(b) The Offeror shall include with its offer the information required at paragraph (a) of this provision within the timeframe specified in the provision at FAR 52.228–1, Bid Guarantee, or as otherwise established by the Contracting Officer.

(c) The Contracting Officer may release the security interest on the individual surety’s assets in support of a bid guarantee based upon evidence that the offer supported by the individual surety will not result in contract award.

(End of Provision)

2.2 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for— September 6, 2024 at 8:30 AM Honolulu Time

(c) Participants will meet at— 459 Patterson Road, Bldg 110 CFA, Honolulu, Hawaii 96819 (End of Provision)

2.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(c) Procedures. (1) The Offeror shall search for the phrase ‘‘FASCSA order’’ in the System for Award Management (SAM)(https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6) Item description;

(7) Reason why the applicable covered article or the product or service is being provided or used;

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

(End of Provision)

2.4 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within ten (10) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 180 days after receipt of notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

2.5 52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—PROHIBITION (DEC 2023)

(a) Definitions. As used in this clause— Covered article, as defined in 41 U.S.C. 4713(k), means—

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201–1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Reasonable inquiry means an inquiry designed to uncover any information in the entity’s possession about the identity of any covered articles, or any products or services produced or provided by a source. This applies when the covered article or the source is subject to an applicable FASCSA order. A reasonable inquiry excludes the need to include an internal or third-party audit.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

(b) Prohibition. (1) Unless an applicable waiver has been issued by the issuing official, Contractors shall not provide or use as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA orders as follows:

(i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply.

(ii) For all other solicitations and contracts DHS FASCSA orders apply.

(2) The Contractor shall search for the phrase ‘‘FASCSA order’’ in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders identified in paragraph (b)(1).

(3) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resultant contract.

(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 4.2304(c)). However, see paragraph (c) of this clause.

(5)(i) If the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification, then the Contractor shall disclose the following:

(A) Name of the product or service provided to the Government;

(B) Name of the covered article or source subject to a FASCSA order;

(C) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied or supplies the covered article or the product or service to the Offeror;

(D) Brand;

(E) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(F) Item description;

(G) Reason why the applicable covered article or the product or service is being provided or used;

(ii) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (b)(5)(i) to determine if any waiver is warranted. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise covered by a FASCSA order and to instead pursue other appropriate action.

(c) Notice and reporting requirement. (1) During contract performance, the Contractor shall review SAM.gov at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (b) of this clause.

(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance.

(3)(i) The Contractor shall submit a report to the contracting office as identified in paragraph (c)(3)(ii) of this clause, if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s) identified in paragraph (b) of this clause, or a new FASCSA order identified in paragraph (c)(2) of this clause. For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order.

(ii) If a report is required to be submitted to a contracting office under (c)(3)(i) of this clause, the Contractor shall submit the report as follows:

(A) If a Department of Defense contracting office, the Contractor shall report to the website at https://dibnet.dod.mil.

(B) For all other contracting offices, the Contractor shall report to the Contracting Officer.

(4) The Contractor shall report the following information for each covered article or each product or service produced or provided by a source, where the covered article or source is subject to a FASCSA order, pursuant to paragraph (c)(3)(i) of this clause:

(i) Within 3 business days from the date of such identification or notification:

(A) Contract number;

(B) Order number(s), if applicable;

(C) Name of the product or service provided to the Government or used during performance of the contract;

(D) Name of the covered article or source subject to a FASCSA order;

(E) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Contractor;

(F) Brand;

(G) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(H) Item description; and

(I) Any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (c)(4)(i) of this clause:

(A) Any further available information about mitigation actions undertaken or recommended.

(B) In addition, the Contractor shall describe the efforts it undertook to prevent submission or use of the covered article or the product or service produced or provided by a source subject to an applicable FASCSA order, and any additional efforts that will be incorporated to prevent future submission or use of the covered article or the product or service produced or provided by a source that is subject to an applicable FASCSA order.

(d) Removal. For Federal Supply Schedules, Governmentwide acquisition contracts, multi-agency contracts or any other procurement instrument intended for use by multiple agencies, upon notification from the Contracting Officer, during the performance of the contract, the Contractor shall promptly make any necessary changes or modifications to remove any product or service produced or provided by a source that is subject to an applicable FASCSA order.

(e) Subcontracts. (1) The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (c)(1) of this clause, in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products and commercial services.

(2) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the contract and any subcontracts and other contractual instruments under the contract. The Contractor or higher-tier subcontractor shall notify their subcontractors, and suppliers under other contractual instruments, that the FASCSA orders in the solicitation that are not in SAM apply to the contract and all subcontracts.

(End of Clause)

2.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

2.7 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 or 852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified SDVOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2)…