36C24221B0032_1.docx

1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

Prescribed by GSA-FAR (48 CFR) 52.236-1(d)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SEALED BID (IFB)

NEGOTIATED (RFP)

11. The Contractor shall begin performance within ____________ calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See _____________________________).

YES

NO

a.

Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

b.

An offer guarantee is, is not required.

c.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d.

Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

36C24221B0032 X

04-21-2021

2237: 630-21-3-7908-0019 P.O. #:

630A4-CSI-426

Y 36C242 Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Rd. B: 100, R: 9B62 Bronx NY 10468-3904 Y Department of Veterans Affairs Network Contracting Office 2

NYHHCS - BROOKLYN CAMPUS (138)

800 POLY PLACE B: 1 R: 6-228

BROOKLYN NY 11209

KANNADAN, AVIN

Avin.Kannadan@va.gov

ALL BIDDERS MUST REVIEW ALL ATTACHEMENTS PRIOR TO BIDDING

AWARD IS SUBJECT TO AVAILABILITY OF FUNDS

Per FAR 36.204, (F) the 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 04/27/2021 at 11:00AM EST. Prospective bidders are to meet at the Engineering Conference at the Brooklyn VAMC. This will be the only site visit forthis project, and no other visits will be scheduled.

All Requests for Information (RFI's), must be sent in writing and e-mailed to Vladimir.Stoyanov@va.gov by 11:00 AM EST on 05/04/2021. No bid extensions will be granted due to late RFI submissions.

RFI answers will be posted on or before COB 05/11/2021 BY 4:00 PM EST.

The Period of Performance is 155 calendar days from the date of the notice to proceed, regardless of Bid Alternate selection.

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.

ALL MAILED BIDS MUST BE RECEIVED BEFORE 10:00 AM ON 05/28/2021

The PUBLIC BID OPENING will be held on 05/28/2021 at 11:00 AM EST AT THE Brooklyn Engineering Conference Room.

NO LATE BIDS WILL BE ACCEPTED.

Offerors must submit their annual Vets-100 Report, EMR rating, E-Verify Proof, OSHA 300A REPORT, OSHA AND EPA Violations disclosure, VETS-4212, CVE Certification current.

X X

52.211-10 X

11:00 AM

05-21-2021 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

Y 36C242 Department of Veterans Affairs James J. Peters VA Medical Center Network Contracting Office 2 130 West Kingsbridge Road, B 100, R 9B62 Bronx NY 10468-3904 Y

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

VLADIMIR STOYANOV

VA-VHA-SAOE-2014-VA15F-71403

ALL LINE ITEMS, ENTIRE SCOPE, ALL CLAUSES OF THE CONTRACT. CONTRACT DURATION: 155 calendar days

BASE BID ITEM I: $

BID ITEM II: $

BID ITEM III: $

BID ITEM IV: $

Table of Contents

STATEMENT OF WORK

Project #630A4-CSI-426 Radiation Oncology LINAC Site Prep

1.0 INTRODUCTION

The scope of project 630A4-CSI-426 Radiation Oncology LINAC Site Prep includes renovating approximately 900 sq. ft. of the existing LINAC room, the control room, and the corridor on the Ground Level of Building one at the VA New York Harbor Healthcare System at 800 Poly Place, Brooklyn, NY. Work will include, but is not limited to, a full gut renovation of the existing LINAC room, control room, and corridor, fire suppression work, electrical, plumbing, architectural, rigging services, construction administration, demolition, asbestos abatement, fireproofing, metal framing, gypsum board, acoustical ceilings, flooring, painting, HVAC, med gas, direct-digital controls, wiring devices, communications, telephone/data, fire alarm, etc. Off-hours and weekends may be required per COTR's judgment based on minimizing major disruptions to the facility and staff. Proper awareness needs to be considered due to the nature of the surrounding areas. Patients are immunocompromised, and special care needs to be taken by the contractor in order to prevent any dust/debris from going into patient areas. Contractor to be held responsible for all terminations on both ends of all IT cabling, equipment, and ports being installed. All work to be performed in accordance with the provided SOW, drawings, specifications, and any other provided documents.

Work to be performed at VAMC Brooklyn in accordance with the Statement of Work, Specifications, Drawings, Federal, State, and Local Codes. After Contract Award, the contractor is required to provide a Payment Bond, a Performance Bond, an Insurance certificate, a Schedule of Values, and a Realistic Construction Schedule within ten days. Once received and confirmed, the period of performance for the above-mentioned project will begin with a Notice to Proceed (NTP) issued at a Pre-Construction Meeting (Pre-Con) and shall not exceed 155 days after NTP. The contractor needs to be complete the project by the Central Office deadline of September 30th, 2021. This includes the operational Halcyon equipment installed. This period of performance includes a reasonable duration for all submittals to be approved prior to beginning construction. As part of this solicitation, the General Contractor (GC) shall submit an electronic PDF preliminary schedule showing the methodology for accomplishing the project within the period of performance.

2.0 GENERAL REQUIREMENTS

1. General Contractor's employees and sub-contractor employees shall not enter the VA Medical Center site or project site without an appropriate VA-issued PIV badge. See Construction Security Requirements in the specifications for more full requirements.

2. General Contractor shall furnish & post aboard was directed by the Contracting Officer, VA Project Engineer (COTR), and VA Safety Specialist that includes, but is not limited to, a copy of Rates and Wages, the Davis-Bacon poster & schedules, ILSM/ICRA/GEMS/Patient Safety signed determinations, Site-Specific Emergency Contact information, Construction site fire response procedures & evacuation plan, post the number of accident-free days, emergency force contact information with the nearest hospital including directions, etc.

3. All utility tie-ins and interruption of utility systems require prior approval and scheduling with VA Project Engineer (COTR) and M&O Foreman. The GC shall submit a request to interrupt any utility systems to the VA Project Engineer (COTR) in writing at a minimum of three (3) weeks in advance of the proposed interruption.

4. The GC shall not proceed with mobilization or construction until after Veteran Affairs' acceptance of all required submittals and coordination drawings.

5. The GC shall supply a master submittal list to track all required submittal items and provide the VA Project Engineer (COTR) an updated master submittal list weekly until the submittal process is completed. All submittals shall include appropriate project information, GC signature, adequate descriptive literature, catalog cuts, shop drawings, and other data necessary for the Government to ascertain that the proposed equipment and materials comply with the contract document requirements. Catalog cuts submitted for approval shall be legible and clearly identify equipment being submitted (i.e., highlight, cloud, etc.). It is the GC's responsibility to provide submittals that meet all necessary Federal, State, and Local code requirements in order to be approved. Failure to meet these requirements is the responsibility of the contractor and does not justify a request for a time extension.

6. The GC shall submit a Site Superintendent Designation Letter designating the site Superintendent to be dedicated to this project only. The Site Superintendent shall be physically present at the construction site at all times, including when their sub-contractors present, work activities are ongoing, materials are being delivered, etc. The GC shall submit, via e-mail, a list identifying key GC personnel, their responsibilities, contact info, and 24 hour/7 days per week primary and secondary contacts. Superintendent Communications: At all times during the performance of this contract, the GC's designated Site Superintendent is to be available by cell phone. After-hours phone number shall be posted at the construction site.

7. Before placement and installation of work subject to accept checks and tests, the GC shall coordinate and notify the VA Project Engineer (COTR) of insufficient time to enable testing personnel to be present at the site in time for proper testing and field inspection. This includes notification prior to closing walls, ceilings, chases, etc. Such prior notice shall be not less than two (2) weeks unless otherwise designated by the VA Project Engineer (COTR).

8. The general contractor shall coordinate in advance with VA Project Engineer (COR) regarding ALL work above ceilings in public corridors, offices, any general public occupied spaces, etc. All work within interior spaces, particularly patient care buildings, including public corridors in patient care buildings, the general contractor shall utilize HEPACART (or equal) environment ceiling access containment carts with embedded negative air-machine, impeller fan, HEPA filters, and windows. No above the ceiling work shall be performed without the proper HEPACART (or equal) environment ceiling access containment carts in any interior spaces. This is a requirement for ALL work outside the negative air pressured construction partitioned area.

9. The general contractor shall coordinate in advance with VA Project Engineer (COR) regarding pulling of all cabling/wiring/fiber above ceilings within all interior spaces, particularly patient care buildings, including public corridors inpatient care buildings; the general contractor shall utilize HEPACART Cabling Access Point (CAP) (or equal) product in the ceiling to feed cable cleanly through a slot in the ceiling with minimal impact. This shall be installed within the HEPACART (or equal) environment ceiling access containment carts, and cabling/wiring/fiber pulling only can then be performed via the HEPACART Cabling Access Point (CAP) (or equal) product. Removal of the cabling access point shall be performed within the environment ceiling access containment cart.

10. The following are required for this project:

· Work to be completed per provide drawings, specifications, and SOW.

· OFF Hours as determined by VA COR.

· The contractor is responsible for all terminations on both ends of all IT cabling, equipment, and ports being installed.

· Contractors working on site must be compliant with Privacy training. When coming on-site, all contractors must read and sign "VA Privacy Training for Personnel without Access to VA Computer Systems or Direct Access or Use to VA Sensitive Information" a signed copy of the training will be provided and maintained by the COR. This training needs to be completed annually.

· Coordination with VA security contractor for all security requirements.

· Coordination with VA controls contractor for all controls requirements.

3.0 SAFETY PRECAUTIONS

1. The contractor shall comply with all applicable Federal, State, and local legal requirements regarding workers' health and safety. The requirements include but are not limited to those found in Federal and State Occupational Safety and Health Act (OSHA) statutes and regulations, such as applicable provisions of Title 29, Code of Federal Regulations (CFR) Parts 1910 and 1926. The contractor is solely responsible for determining the legal requirements that apply to activities and shall ensure safe and healthful working conditions for its employees.

2. The contractor shall assume the responsibility to guard Government Property.

3. The contractor shall perform the work in a manner consistent with the area security and fire safety regulations, especially with regard to exit and exit way access. Utility shutdowns shall not compromise security, communication, or fire safety for occupants.

4. No flammable liquids shall be stored or used in the medical center.

5. The necessary number and appropriate types of portable fire extinguishers are required per National Fire Protection Agency (NFPA) 10 and NFPA 241. The contractor shall keep certification on-site at all times of extinguisher inspections.

6. The contractor shall receive from the COR a permit for all cutting, welding, and soldering 24 hours in advance. All permits shall be prominently displayed during all construction.

7. All necessary precautions shall be taken by the contractor to prevent the accidental operation of any existing smoke detectors or sprinkler heads.

8. The contractor shall comply with an Infection Control Risk Assessment (ICRA) which will be developed with the COR and the Infection Control Practitioner assigned to the project at the Preconstruction Conference. Multiple ICRA's may be necessary to address specific risks at various stages of the project and must be approved prior to proceeding on each phase. The contractor shall also comply with an Interim Life Safety Measures (ILSM) & Green Environmental Management System (GEMS), which will be developed with the COR.

4.0 HAZARDOUS MATERIAL REPORTING

1. The contractor shall maintain hazardous material inventories and material safety data sheets (MSDS) for all hazardous materials (as defined in CFR 1910.120, 40 CFR's 355, 370, & 372) to be stored and used on this Medical Center. Hazardous materials must be inventoried when received and at the project's completion. The amounts used shall be maintained for the project duration and for the calendar year (ending 31 December).

2. Hazardous Materials Inventories, Material Safety Data Sheets, and material quantities used shall be submitted to the Contracting Officer for approval.

3. In the event of a spill, the contractor shall immediately notify the Contracting Officer's Technical Representative as well as the Contracting Officer. The contractor shall be solely responsible for the expense of any cleanup of such spill, and the cleanup shall be in accordance with the applicable provisions of 40 CFR Part 761.

5.0 ENVIRONMENTAL PROTECTION

1. In order to provide for abatement and control of all environmentally hazardous materials arising from demolition and/or construction activities, the contractor shall comply with all applicable environmentally hazardous material control and abatement and all applicable provisions of the Corps of Engineers' Manual EM 385-1-1, "General Safety Requirements" as well as the specific requirements stated elsewhere in the Contract Documents.

2. The contract is responsible for the daily cleanup of all areas affected by construction. Construction areas in use or affected shall be returned to the condition in which they were turned over or initially found. VA Housekeeping shall not be dispatched for cleaning associated with contractor construction.

3. The contractor shall take every precaution in preserving flooring, finishes, equipment, and furniture in construction areas. The contractor shall repair or replace any damage incurred during construction at their expense.

4. The contractor shall use freight elevators for the transmission of materials and personnel. The contractor shall take every precaution in preserving the elevators, including the hoistway and lobby doors, interior finishes, and shall conduct all good practices in observing lifting and motor components tolerances. Any damage incurred to any elevator component due to negligence will be repaired at the expense of the contractor within the workday of incurred damage.

A.3 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) A.4 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) A.5 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 Brooklyn, NY

(End of Provision)

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

1.1 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)

1.2 52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of Provision)

1.3 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:

VLADIMIR STOYANOV

CONTRACTING OFFICER

Hand-Carried Address:

Department of Veterans Affairs Network Contracting Office 2 (10N3NCO)

BROOKLYN VA MEDICAL CENTER (138)

800 POLY PLACE, B: 1, R: 6-228

BROOKLYN NY 11209-0002

Mailing Address:

Department of Veterans Affairs Network Contracting Office 2 (10N3NCO)

BROOKLYN VA MEDICAL CENTER (138)

800 POLY PLACE, B: 1, R: 6-228

BROOKLYN NY 11209-0002

(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)

1.4 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 51 percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

(End of Clause)

1.5 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— 04/27/2021 @ 11:00 am EST

(c) Participants will meet at— Engineering Conference Room (End of Provision)

1.6 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)

1.7 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)

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

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

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

(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:

1.9 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)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

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

(2) The small business size standard is $39.5 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 adjustment is contemplated, unless—

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

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

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

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

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

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

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

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

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

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.

(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[X](i) 52.204-17, Ownership or Control of Offeror.

[X](ii) 52.204-20, Predecessor of Offeror.

[](iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

[](iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Certification.

[](v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Certification.

[](vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

[](vii) 52.227-6, Royalty Information.

[](A) Basic.

[](B) Alternate I.

[](viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of Provision)

3.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision— "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

"Federal contracts and grants with total value greater than $10,000,000" means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a…