36C24221B0035_1.docx

36C24221B0035 A.1 VAAR 852.232-70 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS– CPM) (NOV 2018) The clause FAR 52.232–5, Payments Under Fixed-Price Construction Contracts, is implemented as follows:

(a) Retainage.

(1) The Contracting Officer may retain funds—

(i) Where performance under the contract has been determined to be deficient or the Contractor has performed in an unsatisfactory manner in the past; or

(ii) As the contract nears completion, to ensure that deficiencies will be corrected and that completion is timely.

(2) Examples of deficient performance justifying a retention of funds include, but are not restricted to, the following—

(i) Unsatisfactory progress as determined by the Contracting Officer;

(ii) Failure to meet schedule in Schedule of Work Progress;

(iii) Failure to present submittals in a timely manner; or

(iv) Failure to comply in good faith with approved subcontracting plans, certifications, or contract requirements.

(3) Any level of retention shall not exceed 10 percent either where there is determined to be unsatisfactory performance, or when the retainage is to ensure satisfactory completion. Retained amounts shall be paid promptly upon completion of all contract requirements, but nothing contained in this paragraph (a)(3) shall be construed as limiting the Contracting Officer’s right to withhold funds under other provisions of the contract or in accordance with the general law and regulations regarding the administration of Government contracts.

(b) The Contractor shall submit a schedule of cost to the Contracting Officer for approval within 30 calendar days after date of receipt of notice to proceed. Such schedule will be signed and submitted in triplicate. The approved cost schedule will be one of the bases for determining progress payments to the Contractor for work completed. This schedule shall show cost by the work activity/event for each building or unit of the contract, as instructed by the resident engineer.

(1) The work activities/events shall be subdivided into as many sub-activities/events as are necessary to cover all component parts of the contract work.

(2) Costs as shown on this schedule must be true costs and the resident engineer may require the Contractor to submit the original estimate sheets or other information to substantiate the detailed makeup of the schedule.

(3) The sums of the sub-activities/events, as applied to each work activity/event, shall equal the total cost of such work activity/event. The total cost of all work activities/events shall equal the contract price.

(4) Insurance and similar items shall be prorated and included in the cost of each branch of the work.

(5) The cost schedule shall include separate cost information for the systems listed in the table in this paragraph (b)(5). The percentages listed in the following table are proportions of the cost listed in the Contractor’s cost schedule and identify, for payment purposes, the value of the work to adjust, correct and test systems after the material has been installed. Payment of the listed percentages will be made only after the Contractor has demonstrated that each of the systems is substantially complete and operates as required by the contract.

VALUE OF ADJUSTING, CORRECTING, AND TESTING SYSTEM

(c) In addition to this cost schedule, the Contractor shall submit such unit costs as may be specifically requested. The unit costs shall be those used by the Contractor in preparing its bid and will not be binding as pertaining to any contract changes.

(d) The Contracting Officer will consider for monthly progress payments material and/or equipment procured by the Contractor and stored on the construction site, as space is available, or at a local approved location off the site, under such terms and conditions as the Contracting Officer approves, including but not limited to the following—

(1) The materials or equipment are in accordance with the contract requirements and/or approved samples and shop drawings;

(2) The materials and/or equipment are approved by the resident engineer;

(3) The materials and/or equipment are stored separately and are readily available for inspection and inventory by the resident engineer;

(4) The materials and/or equipment are protected against weather, theft and other hazards and are not subjected to deterioration; and

(5) The Contractor obtains the concurrence of its surety for off-site storage.

(e) The Government reserves the right to withhold payment until samples, shop drawings, engineer’s certificates, additional bonds, payrolls, weekly statements of compliance, proof of title, nondiscrimination compliance reports, or any other requirements of this contract, have been submitted to the satisfaction of the Contracting Officer.

(f) The Contracting Officer will notify the Contractor in writing within 10 calendar-days of exercising retainage against any payment in accordance with FAR clause 52.232–5(e). The notice shall disclose the amount of the retainage in value and percent retained from the payment, and provide explanation for the retainage.

(End of Clause)

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.

36C24221B0035 X 05-07-2021 561-21-1-5929-0001

561-CSI-182

36C242 Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx

NY

10468-3904 Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx

NY

10468-3904 Phillip Kang

(973) 676-1000 1797 This project is to furnish all necessary professional Construction services to Replace Siemens LINAC in accordance to the project drawings and specifications for the VA NJ Health Care System, East Orange, NJ.

The Contractor shall furnish all materials, supplies, equipment, personnel and supervision to accomplish project number 561-CSI- Replace Siemens LINAC in accordance with the statement of work (SOW), specifications and drawings attached hereto. Completion Time: 270 calendar days from the notice-to-proceed date.

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 CO. Work shall comply with VA Specifications and regulations, all applicable Federal, State and Local codes, including specific regulations related to working atthe VA East Orange Campus.

This is a Service Disable Veteran Owned Small Business set aside procurement and will be conducted in accordance with Public Law 109-461. All prospective bidders must be registered in SAM (www.sam.gov), Dun & Bradstreet (www.DNB.com) and are verified/visible/certifiedin VIP VetBiz (www.vetbiz.gov) at the time of offer submission and before award of this procurement. Offerors must submit their annual Vets4212 Report. Magnitude of Construction: Between $2,000,000 and $5,000,000. The North American Industry Classification System Code (NAICS) is 236220- Business Size is $36.5 Million.

A prebid site visit is scheduled for 05/18/2021 at 11:00AM EST. Prospective bidders shall meet at VA East Orange Campus Bldg 5A engineering conference room.

NOTE: NO OTHER SITE VISITS WILL BE ALLOWED. INTERESTED BIDDERS ARE STRONGLY ENCOURAGED TO ATTEND.

To preserve the integrity of the procurement process, all questions and request for information must be submitted in writing to Phillip Kang, Contracting Officer via emailat phillip.kang@va.gov.

Questions must be received no later than 05/25/2021 at 2:00PM EST.

The bid opening will be held at the James J. Peters VAMC, 130 West Kingsbridge Road, Room 9B-19, Bronx NY 10468. If mailing bid, please address to: Phillip Kang,BID: 36C24221B0035, James J. Peters VA Medical Center, Network Contracting Office 2, Room 9B-67, Bronx NY 10468-3904, or Hand Deliver to Room 9B-67.

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

NOTE: CONTRACTORS MUST ACKNOWLEDGE ALL SOLICIATION AMENDMENTS.

x x 52.211-10 X 10 days 11:00

EDT

06-17-2021 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

36C242 Department of Veterans Affairs James J. Peters VA Medical Center Network Contracting Office 2 130 West Kingsbridge Road Bronx

NY

10468-3904 Tungsten Network http://www.tungsten-network.com/us/en /veterans-affairs

Table of Contents

Project # 561-CSI-182 Replace Siemens LINAC

IFB#: 36C24221B0035

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.

Line Item 01. BASE BID A. ITEM I, GENERAL CONSTRUCTION: Work includes general construction, alterations, roads, walks, grading, drainage, foundations and necessary removal of existing structures and construction and certain other items.

ITEM II, Electrical Work: Work includes all labor, material, equipment and supervision to perform the required electrical construction work on this project including new power panels, extension of emergency power, new lighting and controls, and Elekta electrical drawings.

ITEM III, Mechanical Work: Work includes all labor, material, equipment and supervision to perform the required Mechanical construction work on this project including new chiller, new air handler unit and air cooled condensing unit, backup heat pump system, and associated utility work including steam, ductwork, roof curbs, and other appurtances.

The Contract period of performance for Base Bid construction shall be 270 calendar days from Notice to Proceed (NTP) which includes 30 days for contractor closeout.

Base Bid $ ___________________________

Line Item 02. DEDUCT ALTERNATE NO.1:

Omit all work in two exam rooms, treatment room, and Nurses station The Contract period of performance for Base Bid construction shall be 230 calendar days from Notice to Proceed (NTP) which includes 30 days for contractor closeout.

DEDUCT ALTERNATE NO.1 $ ____________________________

STATEMENT OF WORK (SOW)

Project # 561-CSI-182 Replace Siemens LINAC

1. Contract description

Replace Siemens LINAC and Renovate Adjacent Support Areas.(Bldg 1).

2. Background Contractor shall provide all work and materials including demolition and removal of existing structures and furnish labor and materials to perform work for VA Project #561-CSI-182 Replace Siemens LINAC at the VA East Orange Campus as required by the contract drawings and specifications.

3. Scope

Replace Siemens LINAC and Renovate Adjacent Support Areas. Project involves Mechanical, Electrical, Plumbing, Sprinkler, Controls, I.T., Medical Gases, Asbestos Abatement, Structural and General Construction Work as depicted in the project drawings and specifications.

4. Detailed Scope of Work The following scope is not all inclusive and does not alleviate the contractor from completing all aspects of the project bid document as detailed on the project drawings and in the project specifications. All noisy heavy construction and demolition work shall be limited to specific after hours, on holidays and weekends after coordination and scheduling with the COR. No noise producing actions shall be allowed during normal work hours. The COR shall have full discretion as to the types of work and noise acceptable during normal working hours Architectural:

Linac Vault/Treatment Room A-328 An Approx. 550 square foot shielded (mazless) Linear Accelerator Patient Treatment Room with the following features directly within the room: Work Station, Terminal Station, Patient check in Station, Miscellaneous equipment storage, Hand Sink, Dirty Laundry/Hazardous Waste/Waste area, filter and cone storage cabinets, general storage cabinetry (wall, base and full height). The room will be provided with multiple monitors and cameras for Provider and Control Room use.

The space is being designed and planned to provide for a warm, comforting space for the Patient experience. A lit ceiling mounted panel is being provided with a sky graphic presently planned over the Patient treatment table.

Access to the Treatment Room is thru a sliding shielded door that will fully open in 10 seconds and partially open in 5 seconds.

The room is being shielded with standard weight concrete in addition to lead shielding as indicated within the documents. Structural support of the lead shielding is required.

Linac Control Room A-327 An Approx. 195 square foot room with a standing/sitting counter with space for 8 wall mounted monitors (split screen use is planned), 4 keyboard stations (undercounter mount), with additional storage cabinets as detailed and requested. The control room is directly adjacent to the Linac sliding shielded door for quick access to the Patient and treatment room. The wiring and processors of the computer stations is planned to be contained within cabinetry below the work counter. Directly accessed from the Control Room is the Physicist Storage Room and this is where the server for the Linac itself is located.

Physicist Storage Room A-339 An Approx. 85 square foot storage room for the Linac Server and additional equipment storage to support the Linac procedures. Shelving will be provided on two of the walls in this room, 24” and 18” deep.

Patient Access Corridor A-329 This circulation space is separated from Nurses Station A-326 by a sliding door to assist in maintaining patient privacy and a secure treatment area. This larger circulation space provides for a one patient waiting area for staging the next patient and maintains enough space to allow for patient bed access to the treatment room.

Nurse Station A326 The Nurse Station is being streamlined to maintain 6’ clear for patient bed access to the Treatment Rooms. A new 2 station sitting height counter with a patient vitals/weight station at the end is planned.

Dosimetry Room A336 An Approx. 334 square foot room with 4 simple work counter locations, 2 full work stations and a larger multi monitor work station, space for a large format copier and handwash station and work counter. This room is for personnel work spaces and for developing patient treatment plans.

Treatment A-338 A new Approx. 165 square foot Treatment Room with exam/treatment table, medical gas and oxygen, new hand wash sink and support storage and provider wall mounted work station for minor procedures.

Structural:

The existing concrete vault must be expanded in width to accommodate the proposed new Elekta Versa HD equipment. The footprint of the vault will be expanded to the East, into the 1976 Ambulance Garage addition. The existing vault Eastern wall and 1976 Ambulance Addition wall will be removed at the interface location. The existing reinforced concrete waffle slab roof framing of the 1976 Ambulance Garage addition will be cut back for the expanded vault. An approximately 400 square foot x 2’-0” thick extension to the existing vault mat floor slab will be constructed to support the new reinforced concrete vault wall and vault door. The room is shielded with standard weight concrete in addition to lead shielding as indicated within the documents. Structural support of the lead shielding is required.

The existing vault roof slab is a two-way slab, which is supported by the existing four perimeter vault walls. Since the Eastern wall of the existing vault is to be removed, a new steel support beam will be installed to support the edge of the existing vault roof slab. The beam will be supported by the reinforced concrete vault walls. A new, approximately 4’-3” thick, reinforced concrete roof slab will be constructed to extend the width of the vault. New reinforced concrete walls will also be constructed to expand the vault. The new roof slab will be supported by the new steel beam and the new reinforced concrete vault walls. The existing 1976 Ambulance Garage addition roof will also be supported from the new vault walls.

The proposed Elekta Versa HD equipment requires a different pit than the existing equipment. The existing pit and associated trenches will be in-filled. A section of the existing vault floor slab will be removed, so a new pit can be poured for the new Elekta equipment. New shielding concrete will be poured on the roof of the existing vault, as per the requirements of the physicist’s report. Two new duct openings will be cut through the waffle slab roof of the 1976 Ambulance garage addition. Various Elekta equipment, such as lasers and monitors, will be mounted to the vault walls and ceiling

Mechanical:

Existing Air Handler The current HVAC system consists of an outdoor central station air handler located on the roof above room A-324. The unit is ducted to serve all spaces of the current X-Ray suites and the LINAC room with the exception of the general offices which are served by as standalone 3-ton ducted split system. There are multiple hydronic and electric reheat coils used to provide area zoning with ceiling diffusers and sidewall grilles to provide distribution of air throughout the suite. The existing air handler shall remain to serve the existing LINAC not being renovated, the exam and waiting areas.

Heating System The heating system is served by a medium pressure steam service. The air handler utilizes the steam for a preheat steam coil and zone humidification. Steam is also used for a steam to hydronic heat exchanger used to serve the reheat coils. Refer to the construction documents to determine which portions of the heating system are to remain vs. which portions are being demo’d and or replaced.

Cooling Supply The existing air handler is served by a 36 Ton Daikin condensing/compressing unit. This unit provide two refrigerant line sets to a split DX coil in the central station air handler. The existing 36 Ton condensing/compressing unit shall remain to serve the existing LINAC not being renovated, the exam and waiting areas.

New Air Handler A new HVAC system consists of an outdoor central station air handler with split system DX cooling shall be provided to serve the new LINAC room, Equipment room Control Area, Dosimetry and the Physicist storage room. The new air handler will be roof mounted above the renovated LINAC room. The new compressor/condensing unit will be ground mounted adjacent to the existing 36 ton unit. Hydronic reheat coils shall be used to regulate space temperature.

New Secondary (Redundant) HVAC System for the LINAC Space The new redundant HVAC system will be a ductless split system serving the LINAC room, adjacent equipment room and the control area. The LINAC will have two recessed ceiling cassette units. The Control area will have two recessed ceiling cassette units. The equipment room will be served by two wall mounted units. The new central station air handler is still the primary HVAC source serving these areas. The ductless split system is a redundant system to ensure functionality of the LINAC if the central station air handler fails or requires service.

Air Distribution The existing ductwork and reheat coils in the ambulance bay office areas and LINAC being renovated shall be removed and replaced with new. All other ductwork and reheat coils shall be altered as appropriate to continue to serve the existing spaces to remain.

Plumbing:

The project scope for plumbing is limited to replacement/addition of four sinks in the area of renovation. The sinks will be stainless steel with chrome plated brass fixtures. Relocation of existing sanitary lines and extension of domestic water and vent lines will occur.

The existing Air, Oxygen and Vaccum lines and outlets serving the LINAC shall be replaced with new.

Fire Protection:

The existing space is fully sprinklered. The renovation of the space will require sprinkler branch piping to be demoed and new piping to be installed with a new quick response sprinkler head layout to meet NFPA 13 guidelines and in accordance with the construction documents.

Electrical:

The existing LINAC is currently being powered from a bus tap off Sub CN with a 100AF/100AT disconnect switch. The majority of the mechanical equipment and general power needs for the area are connected to power panel PP-LA. The proposed LINAC power load is very similar to the existing LINAC (45 kVA) and requires the same overcurrent protection. The ability to power the new equipment from the same location as the old and keep the power consumption the same is advantageous from a shutdown/disturbance standpoint. There is sufficient panel space from PP-LA and the relocated panels to power the ancillary equipment and new office space. Receptacle spacing and location will be per LINAC installation guidelines and VA Design Manual recommendations.

The existing electrical closet will be relocated to accommodate the new floor plan. The power panels will serve the LINAC and adjacent office area. Each desk area will be incorporated with a quad receptacle and four data ports. The power for LINAC will reflect the drawings from Elekta and the requirements from the VA team including monitors, desk areas, etc.

The lighting for the space will be LED with energy saving lighting controls. Vacancy sensors will be placed in each space with daylight harvesting where applicable. The lights will be fully dimmable. No color tuning or warm to dim options are anticipated for the project. LED decorative panels will be installed in the LINAC space for patient comfort. See attached cutsheets.

Asbestos Abatement:

This project requires abatement of approximately 25 square feet of floor tile and mastic in room A-334 and 160 square feet of exterior HVAC duct insulation and waterproofing at the LINAC roof level directly above the LINAC.

5. Performance Monitoring (if applicable).

Work shall be coordinated with facility thru the Contracting Office Representative (COR). COR will monitor the contractor work performance on daily basis and the contractor is required to submit daily’s progress report to the COR.

6. Security Requirements.

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

No photography of VA premises is allowed without written permission of the Contracting Officer except as specifically required by the scope of the work.

VA reserves the right to close 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.

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

N/A

8. Other Pertinent Information or Special Considerations.

a. Identification of Possible Follow-on Work.

Not Used

b. Identification of Potential Conflicts of Interest (COI).

Not Used

e. Inspection and Acceptance Criteria.

The COR 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 Contractor shall take all measures for safety & infection control and provide all material necessary for protecting existing equipment and property in affected areas of construction against dust and debris, so that equipment and affected areas to be used in the Medical Centers operations will not be hindered.

Contractor shall permit access to Department of Veterans Affairs personnel and patients through other construction areas which serve as routes of access to such affected areas and equipment. Coordinate alteration work in areas occupied by Department of Veterans Affairs so that Medical Center operations will continue during the construction period.

10. Place of Performance.

Minimize interference of construction activities with flow of Medical Center Personal and traffic, 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.

11. Period of Performance.

Contractor to start immediately after receiving the NTP with consideration to the nature of this project most of the work should be between 15th of December to the 15th of September. Estimate project completion time is 270 calendar days.

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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 https://beta.sam.gov/ in electronic format only by searching for solicitation number 36C24220B0035. All interested parties (subs & primes) should register at https://beta.sam.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 https://beta.sam.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 necessary professional Construction services to provide complete scope of work for Project # 561-CSI-182 Replace Siemens LINAC in accordance to the project drawings and specifications for the VA NJ Health Care System, East Orange, NJ.

Magnitude of Construction: $2,000,000 and $5,000,000

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

(End of Provision)

2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of Provision)

2.3 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)

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

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

(c) Evaluation of offers.

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

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.4 52.228-17 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)

2.5 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:

Phillip Kang Contracting Officer Hand-Carried Address:

Department of Veterans Affairs James J. Peters VA Medical Center Network Acquisition & Logistics(10N2NCO) 130 W Kingsbridge Road, Room 9B-67 Bronx NY 10468-3904 Mailing Address:

Department of Veterans Affairs James J. Peters VA Medical Center Network Contracting Office 3 (10N2NCO) 130 W Kingsbridge Road, Room 6B-67 Bronx NY 10468-3904

(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)

2.6 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— 05/18/2021 at 11:00 EST

(c) Participants will meet at— VA East Orange, Bldg 5A engineering conference room (End of Provision)

2.7 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)

2.8 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)

2.9 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 852.233-70 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) (JUL 2020) (DEVIATION) (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…