36C24221B0058_1.docx

36C24221B0058

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.

36C24221B0058 X 07-27-2021 632-21-4-2314-0071 632-21-119 36C242 Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx NY 10468-3904 Richard Adu James J. Peters VA Medical Center Network Contracting Office 2 (10N2NCO) 130 West Kingsbridge Road Bronx NY 10468-3904 Adu, Richard

(718) 584-9000 Ext. 4353 This project will Upgrade Medical Gas Alarm System at Northport VA Medical Center, 79 Middleville Road, Northport, NY 11768-2200

The Contractor shall furnish all materials, supplies, equipment, personnel and supervision to accomplish project number 632-21-119 Upgrade Medical Gas Alarm System in accordance with the statement of work and specifications attached hereto. Completion Time is 84 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 8:00 AM to 4:30 PM Eastern Standard 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 at the Northport VAMC.

This is a Service-Disabled Veteran Owned Small Business (SDVOSB) 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/certified in 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 is Between $250,000 and $500,000 IAW VAAR 836.204. The NorthAmerican Industry Classification System Code (NAICS) is 236220 and Business Size is $39.5 Million.

A prebid site visit is scheduled for Monday August 2, 2021 at 10:00AM EST. Prospective bidders shall meet in front of Building 10, Engineering Service, 79 Middleville Road, Northport NY 11768-2200.

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

Refer to page 5 of 67 for Pre-Bid Site Visit Instructions.

To preserve the integrity of the procurement process, all prebid questions and request for information must be submitted in writing to Richard Adu, Contracting Officer via email at Richard.Adu@va.gov. Questions must be received no later than Tuesday August 10, 2021 by 2:00PM EST.

Refer to page 5 of 67 for Virtual Bid Opening Instruction.

IAW FAR 36.209, No contract for the construction of a project shall be awarded to the firm that designed the project or its subsidiaries or affiliates, except with the approval of the head of the agency or authorized representative.

NOTE: CONTRACTORS MUST ACKNOWLEDGE ALL SOLICIATION AMENDMENTS.

X X 52.211-10 X

2:00 PM

EDT

08-26-2021 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

Bid Item #1_________________________________________________ 36C243 Department of Veterans Affairs James J. Peters VA Medical Center Network Contracting Office 2 (10N2NCO) 130 West Kingsbridge Road Bronx NY 10468-3904 Tungsten Network http://www.tungsten-network.com/us/en /veterans-affairs

Richard Adu Contracting Officer

Table of Contents

Project Number 632-21-119 Upgrade Med Gas Alarm Systems Pre-Bid Site Visit Instructions A pre-bid site visit is scheduled for Monday August 2, 2021 at 10:00 AM EST. Prospective bidders shall meet in front of Building 10, Engineering Service, 79 Middleville Road, Northport NY 11768-2200.

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

What to Expect: Visitors will pass through a check point where VA Police and hospital representatives may conduct a Facilities Access COVID-19 screening, according to Center for Disease Control and Prevention guidelines. While on campus, visitors shall comply with COVID-19 preventive measures of wearing a face covering and social distancing. All visitors are asked to take personal responsibility for compliance in the best interest of public health and safety.

For visitors traveling to New York State, information on travel advisories is found online at NYS Department of Health, https://coronavirus.health.ny.gov/covid-19-travel-advisory.

Questions / Request for Information - To preserve the integrity of the procurement process, all questions and request for information must be submitted in writing to Richard Adu, Contracting Officer, by email at Richard.Adu@va.gov . EMAIL SUBJECT LINE: RFI Project No. 561-18-107A. Questions must be received no later than Tuesday August 10, 2021 by 2:00PM EST.

Virtual Bid Opening Instruction In accordance with FAR 14.202-8, the government is authorizing electronic bids on this solicitation due to the COVID-19 pandemic. ALL bids shall be emailed to Richard Adu, Contracting Officer, at Richard.Adu@va.gov prior to the bid opening time. EMAIL SUBJECT LINE: Solicitation 36C24221B0058 – COMPANY NAME. The bids shall include copies of a bid bond. The bid opening shall take place on Thursday, August 26, 2021 at 2:00 PM EST. No hand-carried or mailed bids will be accepted. Please email your bids earlier to avoid delays for bids to get through VA security networks.

“Original copies of bids to include original bid bonds with wet signatures as well as other non-pricing related information shall be mailed to Richard Adu, James J. Peters VA Medical Center, 130 West Kingsbridge Road, Room 9B-67, Bronx, New York 10468-3904, as soon as practicably possible but no later than 2 weeks from bid opening. Failure to provide hard copies may result in rejection of bid.

The bid opening will take place on Microsoft Teams. Details will be sent via a solicitation amendment.

STATEMENT OF WORK

A. GENERAL INFORMATION

Title of Project: Project Number 632-21-119 Upgrade Medical Gas Alarm.

1. Scope of Work: The contractor shall provide all resources necessary to accomplish the deliverables described in this statement of work (SOW), except as may otherwise be specified.

2. Background: NFPA 99 2012 code (most current revision) requires areas where there is assisted ventilation to be monitored by an area alarm.

3. Performance Period: The contractor shall complete the work required under this SOW in 12 WEEKS or 84 calendar days after receipt of Notice to Proceed. Work at the Government site shall not take place on Federal holidays, weekends after hours unless directed by the CO. After hours work is to be expected for work in sensitive area such as the Operating Room which shall be directed by the COR and authorized by the CO. Assume at least 25% work is to take place after hours.

4. The contractor shall provide as-builts in PDF format upon conclusion of this project.

STATEMENT OF WORK

The contractor shall, Install, test and certify two Master Alarm Medical Gas panels and one Slave Alarm Medical Gas Alarm panel (Beacon Medaes of Rock Hill South Carolina Total Alert Infinity NFPA Medical Gas Notification System Part No. 4107 9016 58). Additionally, the contractor is to install test and certify a Combination Area/ Master Retrofit Panel for the Operating Suite.

Approximate cable are as follows:

TELECOM – Master Alarm Medical Gas panel, Basement level (Ground floor) – 500’. CLIMATE CONTROL - Master Alarm Medical Gas panel, SUB-Basement level – 800’.

AOD – Slave Alarm Panel Administrative Office on Duty 1st Floor -1000’

a. Run required cabling: as per manufactures specifications

b. Conduit as per code NEC requirements

c. 3 -Panels installation.

d. Testing

e. Certification

f. Technical Services

g. As-builts PDF

h. Contractor to provide the following:

Four Beacon Medeas Total Alert Infinity Medical Gas Alarm Panels.

Panel 1 - Master Alarm Panel (Switchboard) 40 inputs 32 output relays Panel 2 - Master Alarm Panel (Climate Control) 40 inputs Panel 3 - "Slave Panel mirrors master alarm panel (AOD / Registration).

Panel 4 - Combination Area/ Master Retrofit Panel (OR Suite) 20 input master signals and monitors 4 gases (Oxygen, Air, Nitrous Oxide and Vacuum).

i. The contractor shall provide rigid conduit galvanized from the Liquid Oxygen Tank alarm panel into the building and provide a minimum of 18 AWG twisted pair from each alarm point (two contacts per alarm point). One pair to Master Panel in HVAC Control Room and one pair to Master Alarm panel in Operator Suite for each alarm point. The wiring is always to be protected as required with EMT while in the HVAC machine room. All wiring is to be protected as required by code.

j. The contractor is to provide EMT conduit within all machine rooms containing a minimum 18 AWG dual twisted pair from the alarm points of the medical gas compressor and vacuum pump. One dual pair to Master Panel in HVAC Control Room and one dual pair to Master Alarm panel in Operator Suite for each alarm point. Contractor to verify and provide multiplying relay power supply and enclosure as required to maintain dual pairs. All wiring is to be protected as required by code.

k. Contractor is to install EMT conduit within the Nitrous Oxide storage room (Operating Suite) containing a minimum 18 AWG twisted dual pair from the alarm points of the Nitrous Oxide Alarm Panel. One dual pair to Master Panel in HVAC Control Room and one dual pair to Master Alarm panel in Operator Suite for each alarm point. Contractor to verify and provide multiplying relay as required to maintain dual pairs. All wiring is to be protected as required by code.

l. Contractor is to provide a data cable to a Slave Alarm Panel located in the AOD area from the Master Alarm Panel located in HVAC control room. All wiring is to be protected as required by code.

m. Electrical Power is to be provided by the contractor to each device of this project as required and coordinated with the Electrical Shop. The power shall come a critical power source. The contractor is to install conduit, circuit breakers and wiring to the electrical to the designated panels. The electrical panels are to be designated by the VA. Contractor to assist electrical shop with both manpower and implementation of required studies to assess impact electrical shut down to the hospital. Contractor to coordinate all work with Electrical shop and COR. No live electrical work is to take place shutdowns are to be coordinated with the VA therefore all “tie-in” work has the potential to be implemented after hours.

n. Contractor to install, connect alarm point wiring, provide power, and certify the operation of the system and provide report to the VA.

o. This contract does not involve VA sensitive information/data.

Place of Performance:

Northport VAMC 79 Middlevile Road.

Northport, NY 11768 Requirements System Certification: Certification of the installation and system will be performed by an independent, licensed medical gas Certifier.

The Contracting Officer or his/her designee will notify the contractor of any noncompliance with the foregoing provisions and the action to be taken. The Contractor shall, after receipt of such notice, immediately correct the conditions to which attention has been directed. Such notice, when served on the Contractor or his/her representative at the site of the work, shall be deemed sufficient for the purpose aforesaid. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all and any part of the work and hold the Contractor in default.

Compliance:

Contractor shall comply with all Infection control requirements, penetration requirements etc. and must coordinate with the COR.

There shall be no loud work such as hammer drilling in the vicinity of the OR, ICU ASU during normal operating hours of 8:00AM to 5:00PM. Vicinity and work time shall be defined by the COR. Loud work shall be defined by the COR.

Contractor shall comply with all VAFD penetration requirements including obtaining permits as required through fire rated assemblies (including floor slabs).

Contractor to comply with all VA requirements for work in healthcare facilities in the proximity of patient care areas.

Contractor to comply with specifications 01 00 00 General Requirements.

Contractor to comply with specifications 01 35 26 Safety Requirements.

Contractor to comply with specifications 26 08 00 Commissioning of Electrical Systems.

Contractor to comply with specifications 26 05 26 Ground and Bonding for Electrical Systems.

Contractor to comply with specifications 26 05 19 Low voltage electrical Power conductors and Cables.

Contractor to comply with NFPA 11 2018 Health Care Facilities Code.

Contractor to provide all close out documentation 15 days prior to completion of project.

Upon acceptance of closeout documentation by the VA contractor can apply for final payments.

Contractor to provide 1-year guarantee of all materials and workmanship from date of receipt and verification of installation operation and all required certifications.

Upon acceptance of closeout documentation by the VA contractor can apply for final payments.

A site walk through shall be scheduled by the CO and must be attended by all prospective bidders.

Inspection, Safety and Security The COR/POC will perform the inspection in the presence of the contractor personnel, prior to the contractor personnel leaving the facility. No invoices will be processed for payment prior to the completion of POC inspection.

Request for interruption of any services may be approved by the COR, however contractors shall first make a request in writing (email, letter, etc.) requesting any interruption of any service two weeks in advance. Some work may need to take place on nights and weekends. There shall be no live electrical work at any time.

Contractors shall be responsible to plan and coordinate all work with the COR who will coordinate and provide access. Contractors are responsible for safety, record keeping, security monitoring, and inspection of area. Maintain Certified Payroll and Daily Logs.

Contractors shall provide the COR with a list of contractor staff participating in the work and shall submit in writing an ID request with company name, address, telephone number, name of each individual contractor employee and position title, SS# (by fax), home address, copy of OSHA 10 hour; see VA Specification section 01 00 00 General Requirements for a complete list of required documents.

The contractors shall designate a competent person refer to specification 01 35 26, Safety Requirements for Training documentation. All contractor personnel and its sub-contractors must ware face masks all the time while on VA property.

Other Related Services (Not Included in the Scope of Work) Any services not expressly stated in this statement of work are not authorized. Services such as inspection, Original Equipment Manufacturer (OEM) required maintenance, or other maintenance and repair vital to the continued functioning of the systems may be added only after written modification from the contracting officer. No other person, including the COR or any other VA personnel are authorized to request additional work be performed by the contractor. Any additional services performed that are not authorized by the contracting officer will be considered inclusive.

Page 1 of Page 1 of

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 36C24221B0058_1. 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 will furnish all materials, equipment, supervision, and personnel necessary to accomplish the work as described in the contract documents for project number 632-21-119 Upgrade Med Gas Alarm Systems at Northport VA Medical Center, 79 Middleville Road, Northport, NY 11768-2200.

Cost Range: Between $250,000 and $500,000 per VAAR 836.204.

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 52.233-2 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:

Richard Adu Contracting Officer

Hand-Carried Address:

Department of Veterans Affairs James J. Peters VA Medical Center Network Contracting Office 2 (10N2NCO) 130 West Kingsbridge Road, Room 9B-67 Bronx NY 10468-3904

Mailing Address:

Department of Veterans Affairs James J. Peters VA Medical Center Network Contracting Office 2 (10N2NCO) 130 West Kingsbridge Road, Room 9B-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)

2.5 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 Monday August 2, 2021 at 10:00AM EST.

(c) Participants will meet in front of Building 10, Engineering Service, 79 Middleville Road, Northport NY 11768-2200.

(End of Provision)

2.6 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)

2.7 VAAR 852.209-70 ORGANIZATIONAL CONFLICTS OF INTEREST (OCT 2020)

(a) It is in the best interest of the Government to avoid situations which might create an organizational conflict of interest or where the Offeror’s performance of work under the contract may provide the Contractor with an unfair competitive advantage. The term ‘‘organizational conflict of interest’’ means that because of other activities or relationships with other persons, a person is unable to render impartial assistance or advice to the Government, or the person’s objectivity in performing the contract work is or might be otherwise impaired, or the person has an unfair competitive advantage.

(b) The Offeror shall provide a statement with its offer which describes, in a concise manner, all relevant facts concerning any past, present, or currently planned interest (financial, contractual, organizational, or otherwise) or actual or potential organizational conflicts of interest relating to the services to be provided under this solicitation. The Offeror shall also provide statements with its offer containing the same information for any consultants and subcontractors identified in its proposal and which will provide services under the solicitation. The Offeror may also provide relevant facts that show how its organizational and/or management system or other actions would avoid or mitigate any actual or potential organizational conflicts of interest.

(c) Based on this information and any other information solicited or obtained by the Contracting Officer, the Contracting Officer may determine that an organizational conflict of interest exists which would warrant disqualifying the Contractor for award of the contract unless the organizational conflict of interest can be mitigated to the Contracting Officer’s satisfaction by negotiating terms and conditions of the contract to that effect. If the conflict of interest cannot be mitigated and if the Contracting Officer finds that it is in the best interest of the United States to award the contract, the Contracting Officer shall request a waiver in accordance with FAR 9.503.

(d) Nondisclosure or misrepresentation of actual or potential organizational conflicts of interest at the time of the offer or arising as a result of a modification to the contract, may result in the termination of the contract at no expense to the Government.

(End of Provision)

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)

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 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 II and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

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

(C) 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 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it ‘‘does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument’’ in paragraph (c)(1) in the provision at 52.204–26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212–3, Offeror Representations and Certifications–Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it ‘‘does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services’’ in paragraph (c)(2) of the provision at 52.204–26, or in paragraph (v)(2)(ii) of the provision at 52.212–3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets…