36C24219B0038-001.docx

36C24219B0038

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.

of 36C24219B0038 X 06-14-2019 561-19-3-5915-0053 561-18-107 36C561 Lisa Lake, Contract Specialist Department of Veterans Affairs Network Contracting Office - 2 400 Fort Hill Ave.

Canandaigua NY 14424 Phillip Kang, Contract Specialist James J Peters VA Medical Center Network Contracting Office 2 130 West Kingsbridge Road Bronx NY 10468

LAKE, LISA

585-393-8229 This project is to Upgrade Pharmacy to 800HD at the Department of Veterans Affairs Medical Center, East Orange Campus, 385 Tremont Ave, East Orange, NJ 07018.

The Contractor shall furnish all materials, supplies, equipment, personnel and supervision to accomplish project number 561-18-107 Upgrade Pharmacy to 800HD in accordance with the statement of work (SOW), specifications and drawings attached hereto. Contractor will be responsible to coordinate and schedule work to minimize to short duration and shall be expected to plan work typically during duty hours of 8 AM to 4:30 PM eastern time except as noted in the general conditions and as approved by the Contracting Officer.

The NAICS Code for this procurement is 236220 Size standard: $36.5 million Magnitude of construction is between $1,000,000 and $2,000,000

Pursuant to 38 U.S.C.8137(D), this requirement is 100% set aside for Service Disabled Veteran Owned Small Business.

All SDVOSB's are required to be registered at www.vetbiz.gov, as well as www.sam.gov, prior to the submission of the offer and at the time of award. All SDVOSB statuses will be verified.

A site visit is scheduled for Thursday, June 20, 2019 at 10:00AM EST. Prospective bidders are to meet in the engineering Dept (Bldg 5a) at VAMC East Orange. This will be the only site visit for the project, no other visits will be scheduled.

ALL MAILED BIDS MUST BE RECEIVED BY 10:45 AM EST ON 7/18/2019 AND MAILED TO THE ADDRESS IN BLOCK 8 OF THIS FORM.

The PUBLIC BID OPENING will be held on 07/18/2019 at 11:00 AMEST the James J. Peters Medical Center, 130 Kingsbridge Rd Room 9B-19, Bronx, NY 10468. NO LATE BIDS WILL BE ACCEPTED.

The Period of Performance is 270 calendar days from the date of the notice to proceed. But, not later than 12/01/2019

All Requests for Information (RFI's), must be e-mailed to Lisa Lake at lisa.lake2@va.gov by 3:00PM EST on 6/26/2019.

No bid extensions will be granted due to late RFI submissions.

Offerors must submit their annual Vets-100 Report

FAR Part 36.209 Construction contracts with architect-engineer firms. No contract for the construction of a project shall be awarded to the firm that designed the project or its subsidiaries or affiliates.

THIS IS A 100% SDVOSB SET ASIDE.

X X 52.211-10 X

11:00AM EST

07-18-2019 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

36C561 Lisa Lake Department of Veterans Affairs Network Contracting Activity 400 Fort Hill Ave.

Canandaigua NY 14424 Tungsten Network http://www.tungsten-network.com/us/en /veterans-affairs

Christina Katz Contracting Officer

Project Number 561-18-107 Upgrade Pharmacy to 800HD

BID PRICING SHEET

Bids providing less that 120 Calendar Days of Government Acceptance after the date bids are due will not be considered and will be rejected.

The bidder agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this bid is accepted by the Government in writing within 120 calendar days after the date bidders are due.

BASE BID: Contractor shall completely prepare site for building operations, including demolition and removal of existing structures, and furnish labor and materials and perform work for renovation and repairs to 8th Floor Pharmacy Suite (including Corridor) at VA NJ Health Care System (East Orange Campus), and including alteration/expansion of associated mechanical, electrical and plumbing components as required by drawings and specifications.

ITEM I, GENERAL CONSTRUCTION: Work includes general construction, alterations, necessary removal of existing structures and construction and certain other items.

1. Scope of Work:

a. Complete renovation of Pharmacy Suite on the 8th Floor as indicated on the Construction Documents.

2. These documents for Project No. 561-18-107, “Upgrade Pharmacy for 800HD”, are labelled 100% CD, and dated 27 March 2019.

The first and primary objective is to provide an environment to safely handle, store, and separately to compound HD material. In general, this activity is to continue uninterrupted throughout the construction process. This work is currently included in the 100% CD documents.

The Contractor must first complete construction of the HD Storage Room and the C-SCA Room and prepare these rooms for their intended purpose of use. Installation of the CACI will be by others, but the Contractor is not to proceed with the next phase of work until the CACI unit is connected to mechanical systems, fully operational, and certified for use in compliance with USP 800 criteria.

This work shall be completed by November 30, 2019, including certification.

ALTERNATE NO. 1: For Staff Toilet (Room 8-201), stub in plumbing and cap. Provide all required anchorage framing for wall-mount plumbing fixtures, grab bars and other accessories. Eliminate installation only of scheduled plumbing fixtures and accessories. Eliminate finishes on floor and walls and finish room as shell space.

The contract completion time is 270 calendar days from receipt of Notice to Proceed.

ITEM I $ ___________________________

ALTERNATE 1 $ ______________________

STATEMENT OF WORK (SOW)

1. Contract Title.

Upgrade Pharmacy to 800HD Handling, Project # 561-18-107

2. Background.

This requirement is necessary to ensure that the pharmacy is USP 800HD Handling CETA Certified by 12/1/2019.

3. Scope.

Contractor shall completely prepare site for building operations, including demolition and removal of existing structures, and furnish labor and materials and perform work for renovation and repairs to 8th Floor Pharmacy Suite (including Corridor) and including alteration/expansion of associated mechanical, electrical and plumbing components as required by drawings and specifications at the VA NJ Health Care System, East Orange, NJ SOW is including but limited to the following:

A. ITEM I, GENERAL CONSTRUCTION: Work includes general construction, alterations, necessary removal of existing structures and construction and certain other items.

1. Scope of Work:

a. Complete renovation of Pharmacy Suite on the 8th Floor as indicated on the Construction Documents.

2. These documents for Project No. 561-18-107, “Upgrade Pharmacy for 800HD”, are labelled 100% CD and dated, 27 March 2019.

Additional scope will be added at a later date during the bidding period with one or more Addenda which will impact phasing, increase Scope of Work, and increase the overall duration of construction.

The first and primary objective is to provide environments to safely handle, store, and separately to compound HD material. In general, this activity is to continue uninterrupted throughout the construction process. This work is currently included in the 100% CD documents.

Work to be added to the Project will result in the documentation of extensive demolition in the Anteroom (Room 8-206), HD Compounding (Room 8-206A), and Sterile Compounding (Room 8-204D). All 3 rooms are or will maintain an ISO 7 classification. This Scope of Work will be documented and reflected in a Bidding Addendum. In order to proceed with this work, the Contractor must first complete construction of the HD Storage Room and the C-SCA Room and prepare these rooms for their intended purpose of use. Installation of the CACI sill be by others, but the Contractor is not to proceed with the next phase of work until the CACI unit is connected to mechanical systems, fully operational, and certified for use in compliance with USP 800 criteria.

All above specified work must be completed within 270 Calendar days from the date of the Notice to proceed.

4. Specific Tasks.

Phasing:

1. Contractor shall maintain a minimum temperature of 4 degrees C (40 degrees F) at all times, except as otherwise specified.

2. Contractor shall maintain in operating condition existing fire protection and alarm equipment. In connection with fire alarm equipment, Contractor shall make arrangements for pre-inspection of site with Fire Department or Company (Department of Veterans Affairs or municipal) whichever will be required to respond to an alarm from Contractor's employee or watchman.

K. Utilities Services: Maintain existing utility services for Medical Center at all times. Provide temporary facilities, labor, materials, equipment, connections, and utilities to assure uninterrupted services. Where necessary to cut existing water, steam, gases, sewer or air pipes, or conduits, wires, cables, etc. of utility services or of fire protection systems and communications systems (including telephone), they shall be cut and capped at suitable places where shown; or, in absence of such indication, where directed by COR.

1. No utility service such as water, gas, steam, sewers or electricity, or fire protection systems and communications systems may be interrupted without prior approval of COR. Electrical work shall be accomplished with all affected circuits or equipment de-energized. When an electrical outage cannot be accomplished, work on any energized circuits or equipment shall not commence without a detailed work plan, the Medical Center Director’s prior knowledge and written approval. Refer to specification Sections 26 05 11, REQUIREMENTS FOR ELECTRICAL INSTALLATIONS for additional requirements.

2. Contractor shall submit a request to interrupt any such services to COR, in writing, 7 days in advance of proposed interruption. Request shall state reason, date, exact time of, and approximate duration of such interruption.

3. Contractor will be advised (in writing) of approval of request, or of which other date and/or time such interruption will cause least inconvenience to operations of Medical Cemetery. Interruption time approved by Medical Center may occur at other than Contractor's normal working hours.

4. Major interruptions of any system must be requested, in writing, at least 15 calendar days prior to the desired time and shall be performed as directed by the COR.

5. In case of a contract construction emergency, service will be interrupted on approval of COR. Such approval will be confirmed in writing as soon as practical.

1. Keep roads, walks and entrances to grounds, to parking and to occupied areas of buildings clear of construction materials, debris and standing construction equipment and vehicles.

2. Method and scheduling of required cutting, altering and removal of existing roads, walks and entrances must be approved by the COR.

N. Coordinate the work for this contract with other construction operations as directed by the COR. This includes the scheduling of traffic and the use of roadways, as specified in Article, USE OF ROADWAYS.

5. Performance Monitoring (if applicable).

N/A

6. Security Requirements.

The contractor employees shall not have access to VA sensitive or computer information and will not require routine access to VA Facilities. The contractor employees shall require intermittent access only and will be escorted by VA employees while at VA Facilities. No background investigation is required. A. Security Plan:

1. The security plan defines both physical and administrative security procedures that will remain effective for the entire duration of the project.

2. The General Contractor is responsible for assuring that all sub-contractors working on the project and their employees also comply with these regulations. B. Security Procedures:

1. General Contractor’s employees shall not enter the project site without appropriate badge. They may also be subject to inspection of their personal effects when entering or leaving the project site.

2. Before starting work the General Contractor shall give one week’s notice to the Contracting Officer so that security arrangements can be provided for the employees. This notice is separate from any notices required for utility shutdown described later in this section.

3. No photography of VA premises is allowed without written permission of the Contracting Officer.

4. VA reserves the right to close down or shut down the project site and order General Contractor’s employees off the premises in the event of a national emergency. The General Contractor may return to the site only with the written approval of the Contracting Officer. C. Key Control:

1. The General Contractor shall provide duplicate keys and lock combinations to the Resident Engineer for the purpose of security inspections of every area of project including tool boxes and parked machines and take any emergency action.

2. The General Contractor shall turn over all permanent lock cylinders to the VA locksmith for permanent installation. See Section 08 71 00, DOOR HARDWARE and coordinate.

7. Government-Furnished Equipment (GFE)/Government-Furnished Information (GFI).

A. The Government shall deliver to the Contractor, the Government-furnished property as identified by the COR.

B. Equipment furnished by Government to be installed by Contractor will be furnished to Contractor at the Medical Center.

C. Contractor shall be prepared to receive this equipment from Government and store or place such equipment not less than 90 days before Completion Date of project.

D. Notify Contracting Officer in writing, 60 days in advance, of date on which Contractor will be prepared to receive equipment furnished by Government. Arrangements will then be made by the Government for delivery of equipment.

1. Immediately upon delivery of equipment, Contractor shall arrange for a joint inspection thereof with a representative of the Government. At such time the Contractor shall acknowledge receipt of equipment described, make notations, and immediately furnish the Government representative with a written statement as to its condition or shortages.

2. Contractor thereafter is responsible for such equipment until such time as acceptance of contract work is made by the Government.

E. Equipment furnished by the Government will be delivered in a partially assembled (knock down) condition in accordance with existing standard commercial practices, complete with all fittings, fastenings, and appliances necessary for connections to respective services installed under contract. All fittings and appliances (i.e., couplings, ells, tees, nipples, piping, conduits, cables, and the like) necessary to make the connection between the Government furnished equipment item and the utility stub-up shall be furnished and installed by the contractor at no additional cost to the Government.

F. Completely assemble and install the Government furnished equipment in place ready for proper operation in accordance with specifications and drawings.

G. Furnish supervision of installation of equipment at construction site by qualified factory trained technicians regularly employed by the equipment manufacturer.

8. Other Pertinent Information or Special Considerations. N/A

a. Identification of Possible Follow-on Work. N/A

b. Identification of Potential Conflicts of Interest (COI). N/A

c. Inspection and Acceptance Criteria.

The COTR is responsible for certifying that the work done under the contract is performed to time and standard. They are also responsible to assure the inspection and acceptance of products provided incidental to services.

9. Risk Control Refer to Attached contract document

10. Place of Performance.

East Orange VAMC NJ

11. Period of Performance.

270 Days from the date of the Notice to Proceed

12. Delivery Schedule.

Submit for approval, all of the items specifically mentioned under the separate sections of the specification, with information sufficient to evidence full compliance with contract requirements. Materials, fabricated articles and the like to be installed in permanent work shall equal those of approved submittals. After an item has been approved, no change in brand or make will be permitted unless:

A. Satisfactory written evidence is presented to, and approved by Contracting Officer, that manufacturer cannot make scheduled delivery of approved item or;

B. Item delivered has been rejected and substitution of a suitable item is an urgent necessity or;

C. Other conditions become apparent which indicates approval of such substitute item to be in best interest of the Government.

1-4. Forward submittals in sufficient time to permit proper consideration and approval action by Government. Time the submission to assure adequate lead time for procurement of contract - required items. Delays attributable to untimely and rejected submittals will not serve as a basis for extending contract time for completion. 1-5. Review effort by the Architect/Engineer (A/E) of rejected and/or revised submittals beyond two submissions, of the same item, will qualify for the contractor to compensate the A/E for time spent.

1-6. Submittals will be reviewed for compliance with contract requirements by Architect-Engineer (A-E), and action thereon will be taken by Contracting Officer’s Representative (COR) on behalf of the Contracting Officer.

1-7. Upon receipt of submittals, A-E will assign a file number thereto. Contractor, in any subsequent correspondence, shall refer to this file and identification number to expedite replies relative to previously approved or disapproved submittals.

1-8. The Government reserves the right to require additional submittals, whether or not particularly mentioned in this contract. If additional submittals beyond those required by the contract are furnished pursuant to request therefor by Contracting Officer, adjustment in contract price and time will be made in accordance with Articles titled CHANGES (FAR 52.243-4) and CHANGES - SUPPLEMENT (VAAR 852.236-88) of the GENERAL CONDITIONS.

1-9. Schedules called for in specifications and shown on shop drawings shall be submitted for use and information of Department of Veterans Affairs and A-E. However, the Contractor shall assume responsibility for coordinating and verifying schedules. The Contracting Officer and A-E assumes no responsibility for checking schedules or layout drawings for exact sizes, exact numbers and detailed positioning of items.

1-10. Submittals must be submitted by Contractor only and shipped prepaid. Contracting Officer assumes no responsibility for checking quantities or exact numbers included in such submittals.

A. Submit samples in single units unless otherwise specified. Submit shop drawings, schedules, manufacturers' literature and data, and certificates in PDF format, except where a greater number is specified.

B. Submittals will receive consideration only when covered by a transmittal letter signed by Contractor. Letter shall be sent via e-mail in PDF format and shall contain the list of items, name of Medical Center, name of Contractor, contract number, applicable specification paragraph numbers, applicable drawing numbers (and other information required for exact identification of location for each item), manufacturer and brand, ASTM or Federal Specification Number (if any) and such additional information as may be required by specifications for particular item being furnished. In addition, catalogs shall be marked to indicate specific items submitted for approval.

1. Transmittal letter must be enclosed with items, and any items received without identification letter will be considered "unclaimed goods" and held for a limited time only.

2. Each sample, certificate, manufacturers' literature and data shall be labeled to indicate the name and location of the Medical Center, name of Contractor, manufacturer, brand, contract number and ASTM or Federal Specification Number as applicable and location(s) on project.

3. Required certificates shall be signed by an authorized representative of manufacturer or supplier of material, and by Contractor.

C. If submittal samples have been disapproved, resubmit new samples as soon as possible after notification of disapproval. Such new samples shall be marked "Resubmitted Sample" in addition to containing other previously specified information required on label and in transmittal letter.

D. Approved samples will be kept on file by the COR at the site until completion of contract, at which time such samples will be delivered to Contractor as Contractor's property. Where noted in technical sections of specifications, approved samples in good condition may be used in their proper locations in contract work. At completion of contract, samples that are not approved will be returned to Contractor only upon request and at Contractor's expense. Such request should be made prior to completion of the contract. Disapproved samples that are not requested for return by Contractor will be discarded after completion of contract.

E. Submittal drawings (shop, erection or setting drawings) and schedules, required for work of various trades, shall be checked before submission by technically qualified employees of Contractor for accuracy, completeness and compliance with contract requirements. These drawings and schedules shall be stamped and signed by Contractor certifying to such check.

1. For each drawing required, submit one legible PDF file or bond copy.

2. Bond copy shall be full size.

3. Each drawing shall have marked thereon, proper descriptive title, including Medical Center location, project number, manufacturer's number, reference to contract drawing number, detail Section Number, and Specification Section Number.

4. A space 4-3/4 by 5 inches shall be reserved on each drawing to accommodate approval or disapproval stamp.

5. Submit drawings electronically, or ROLLED WITHIN A MAILING TUBE, fully protected for shipment.

6. One PDF of approved or disapproved shop drawings will be forwarded to Contractor.

7. When work is directly related and involves more than one trade, shop drawings shall be submitted to A-E under one cover.

1-11. Samples, shop drawings, test reports, certificates and manufacturers' literature and data, shall be submitted for approval to

Table of Contents

WAGE DETERMINATION - ESSEX - NJ190031 05172019 NJ31………………………………….49

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

(a) Bidding materials consisting of Invitation for Bids, drawings, specifications and contract forms will be available on http://www.fedbizopps.gov in electronic format only by searching for solicitation number 36C24219B0038. All interested parties (subs & primes) should register at http://www.fedbizopps.gov as an “Interested Vendor” so that others will know of our interest in participating in this procurement. A Bidder’s mailing list WILL NOT BE prepared by the Contract Specialist. SOLICITATION AMENDMENTS: Amendments to the solicitation will be posted at http://www.fedbizopps.gov. Paper copies of the amendments will NOT be individually mailed. By registering to “Receive Notification”, you will be notified by e-mail of any new amendments that have been issued and posted. No other notification of amendments will be provided. Bidders are reminded that they are responsible for obtaining and acknowledging all amendments to this solicitation prior to the time for receipt of bids.

(b) If bid exceeds $150,000 a bid bond must be submitted. 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, will require rejection of the bid in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then.

(c) If the contract will exceed $150,000 (see FAR 28.102-1 for lesser amount), the bidder to whom award is made will be required to furnish two bonds, a Payment Bond, SF 25A, and a Performance Bond, SF 25, each in the penal sum as noted in the General Conditions of the Specification. Copies of SFs 25 and 25A may be obtained upon application to the issuing office.

(d) If the bid is between $30,000 - $150,000. The bidder to whom award is made will be required to furnish a Payment Bond, Standard Form 25A or alternative payment protection which conforms to the requirements set forth in FAR Clause 52.228-13, Alternative Payment Protections, as noted in the General Conditions of this Specification. Copies of the Standard Form of Payment Bond may be obtained upon application to the Issuing Office.

DESCRIPTION OF WORK: GENERAL CONSTRUCTION: The Contractor shall furnish all materials, supplies, equipment, personnel and supervision to accomplish project number 561-18-107 Upgrade Pharmacy to 800HD in accordance with the statement of work (SOW), specifications and drawings attached hereto at the New Jersey VA Healthcare System’s East Orange Campus.

Cost Range: $1,000,000.00 to $2,000,000.00.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 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/

(End of Provision)

2.2 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)

2.3 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)

2.4 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the—

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is

EAST ORANGE, NJ

(End of Provision)

2.5 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)

2.6 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:

Christina Katz Hand-Carried Address:

Network Contracting Office – 2 VA HVHCS FDR Campus 2094 Albany Post Rd, Bldg. 29, Rm 311 Montrose NY 10548

Mailing Address:

Christina Katz VA HVHCS FDR Campus 2094 Albany Post Rd, Bldg. 29 Rm 311, Box 29-2 Montrose NY 10548

(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)

2.7 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)

2.8 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)

2.9 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.

(End of Provision) PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:

Or for solicitations issued by the Office of Construction and Facilities Management:

2.10 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)

The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee's authority. A copy of the designation shall be furnished to the contractor.

(End of Clause)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $36.5 Million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(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…