36C24221B0065.docx

Class Deviation from the Federal Acquisition Regulation Regarding Implementation of Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors

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.

36C24221B0065 X 11-16-2021 630-22-1-7901-0003 630-21-111 36C242 Department of Veterans Affairs Network Contracting Office 2 Franklin D. Roosevelt VA Medical Center 2094 Albany Post Rd.

Montrose

NY

10548

SEND BID VIA EMAIL IN PDF FORMAT

EMAIL TO JULIE.PROVENZANO@VA.GOV

Julie Provenzano Julie.Provenzano@va.gov

Project # 630-21-111, Fire Dampers Repair, Testing and New Installation; Buildings 1 and 6 at the VA New York Harbor Healthcare System, Manhattan VAMC, 423 East 23rd Street, New York, NY 10010 in accordance with Statement of Work.

The complete description of the requirement can be found in the attached specifications and drawings.

The contractor shall furnish all materials, supplies, equipment, personnel and supervision to accomplish this project.

This is a Veteran Owned Small Business Set-Aside(VOSB) procurement and will be conducted in accordance with Public Law 109-461. As a result all VOSB's and SDVOSB's may submit a bid.

The NAICS code for this procurement is 238220 with a business size standard of $16.5 Million.

Project magnitude of construction is between $250,000 and $500,000.

VOSB/SDVOSB's are required to be registered in SAM (www.sam.gov) and verified/visible/certified in VIP VetBiz (www.vetbiz.gov) at the time of offer and before award of this procurement.

Information regarding NYHHS, VAMC COVID-19 Policy: All contractors interested in this project shall be aware of new mandate regarding COVID-19 Safety Protocols for Federal Contractors per Clause 52.223-99.

IAW FAR 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.

Period of performance is 360 calendar days from date of Notice to Proceed. A 20% Bid Bond must be submitted with bid.

NOTE: CONTRACTORS MUST ACKNOWLEDGE ALL SOLICITIATION AMENDMENTS.

X X 52.211-10 X See pages 5-8 11:00 am

EST

12-16-2021 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

ITEM 1- BASE BID___________________________________

630-3620162-7901-854200-3220 23NRNR000

36C242 Department of Veterans Affairs Network Contracting Office 2 Franklin Delano Roosevelt VAMC 2094 Albany Post Rd.

Montrose

NY

10548 Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/

Table of Contents

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://sam.gov in electronic format only. All interested parties (subs & primes) should register at https://sam.gov as an “Interested Vendor” so that others will know of your 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://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. Offerors are reminded that they are responsible for obtaining and acknowledging all amendments to this solicitation prior to the time for receipt of offers.

(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. 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/offer is between $30,000 - $150,000 The bidder/offeror 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.

PROJECT BID ITEMS

See 1.3 Statement of Bid Item(s) in the project specifications for full descriptions. A single award will be made consisting of the following:

BASE BID Item 1: Work includes all labor and material to inspect, test, repair and install Fire Dampers as called for in SOW.

Fill in ALL ITEMS (Lump Sum) price SF 1442 BOX 17, Please use ink.

In accordance with VAAR 836.204, the construction magnitude is between $200,000 and $500,000.

BID SUBMISSION

The following documents are to be included in the bid submission:

(a) One (1) signed SF 1442 page 2, Offer page, with blocks 14-20c completed.

(b) Acknowledgment of all amendments must be accomplished either via entering data in block nineteen (19) of the SF1442 or completing blocks fifteen (15) a, b, and c of the amendment and attaching it to the SF 1442 Offer page.

(c) One (1) copy of original completed/signed SF24 Bid Bond and Power of Attorney as required.

(d) Safety or Environmental Violations and Experience Modification Rate:

1) All Bidders/Offerors shall submit the following information pertaining to their past Safety and Environmental record. The information shall contain, at a minimum, a certification that the bidder/offeror has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or any EPA violation(s) in the past three years.

2) All Bidders/Offerors shall submit information regarding their current Experience Modification Rate (EMR) equal to or less than 1.0. This information will be obtained from the bidder’s/offeror’s insurance company and be furnished on the insurance carrier’s letterhead.

3) Self-insured contractors or other contractors that cannot provide their EMR rating on insurance letterhead may obtain a rating from the National Council on Compensation Insurance, Inc. (NCCI) by completing/submitting form ERM-6 and providing the rating on letterhead from NCCI. Note: Self-insured contractors or other contractors that cannot provide EMR rating on insurance letterhead from the states or territories of CA, DE, MI, NJ, ND, OH, PA, WA, WY, and PR will obtain their EMR rating from their state run worker’s compensation insurance rating bureau.

(e) One (1) copy of completed signed certificate VA Notice of Limitation on Subcontracting VAAR Clause 852.219-77.

(f) Bidders are responsible for ensuring and verifying their bid and all required bid documents are received by the date and time specified in the SF 1442 solicitation (subject to amendment).

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

GENERAL INTENTION

Contractor will provide services to include all tools, labor, materials, equipment, services, and supervision necessary for Fire Damper Repairs, Testing and New Installation at VA New York Healthcare System, Manhattan VAMC campus under Project #630-21-111.

SITE VISIT

Bidders are encouraged to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of performing these services. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

There will only be one (1) organized site visit. It will be held on Tuesday, November 30, 2021, at 10:00 AM. Participants will meet an escort at Security at VA Manhattan Campus, 423 East 23rd Street, New York, NY 10010.

Attendance is not mandatory; however, all bidders are strongly encouraged to attend.

Companies are limited to no more than two (2) representatives who must show proof of vaccination. Contractors will have their temperature checked with a contactless thermometer. FDA/CDC approved Facemasks are required at all times during site visit.

. REQUESTS FOR INFORMATION (RFI):

To obtain clarifications and/or additional information concerning the contract requirements or specifications, submit a written RFI via email to Julie.Provenzano@va.gov.

RFIs will be responded to as necessary in amendment format which will be posted on https://SAM.gov The deadline for submission of RFIs for this solicitation is Wednesday, December 8, 2021 at 4:00 PM (EST). No questions will be answered after this date/time unless determined to be in the best interest of the Government as determined by the Contracting Officer. Telephone RFIs will not be accepted or returned.

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 Julie Provenzano, Contract Specialist, at Julie.Provenzano@va.gov by 10:45 am prior to bid opening time at 11:00 am. EMAIL SUBJECT LINE: Solicitation 36C24222B0065 – COMPANY NAME. The bids shall include copies of a bid bond. The bid opening shall take place on December 16, 2021 at 11:00 AM EST. No hand-carried or mailed bids will be accepted.

The bid opening will take place on Microsoft Teams. To access the conference:

Dial In: + 1 347-566-4838 Phone Conference ID: 639 203 828#

BASIS FOR AWARD

Contract award will be made to the responsive, responsible bidder submitting the lowest price in accordance with FAR Part 14 – Sealed Bidding.

RESPONSIBILITY REQUIREMENTS

A Determination of Responsibility shall be accomplished for the apparent awardee prior to processing the award. The above information, along with other information obtained from Government systems, such as the OSHA and EPA online inspection history databases will be used to make the Determination of Responsibility. Failure to affirm being within the guidelines above or submit this information may result in a determination of “Non-Responsibility” for the bidder/offeror. NOTE: Any information received by the Government that would cause for a negative Determination of Responsibility may make the bidder/offeror ineligible for award.

This requirement is applicable to all subcontracting tiers, and prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors.

2.1 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (APR 2021) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(iii) X Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(3) If VA determines that an SDVOSB/VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating section 1001 of title 18.

Certification:

I hereby certify that if awarded the contract, __________________________________ will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee: ________________________________________ Printed Title of Signee: _________________________________________ Signature: ___________________________________________________ Date: _____________________ Company Name and Address: ________________________________________

(End of Clause)

2.2 VHA SUPPLEMENTAL CONTRACT REQUIREMENTS FOR ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS

1. Contractor employees who work in or travel to VHA locations must comply with the following:

a. Documentation requirements:

1) If fully vaccinated, shall show proof of vaccination.

i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

2) If unvaccinated and granted a medical or religious exception, shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test.

3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

36C24221B0065

Page 1 of

Page 1 of

Scope of Work Project Title: Fire Dampers Repairs, Testing and New Installation Project Number: 630-21-111

Description of Work:

Furnish all labor, material, equipment and supervision as required by SOW and Specifications to include: 1. Preparation of shop drawings showing all Fire Dampers (FD) and combination Fire/Smoke Dampers within Buildings 1 and 6 of the VAMC NY Campus,

2. Inspecting and testing all Fire Dampers and combination Fire/Smoke Dampers within Buildings 1 & 6,

3. All construction necessary to provide access to Fire Dampers that have been determined to be inaccessible to include installing ceiling access panels (fire rated) and install cam locked sheet metal access doors for ductwork access.

4. Produce detailed report within 45 days of the inspections.

5. All work shall be performed in accordance with all VA, NFPA, OSHA requirements & JCAHO standards.

A. Survey of Current Fire Dampers:

1. Fire Damper shop drawings shall be produced by Contractor in AutoCAD files and pdf file drawings will show all Fire Dampers in Buildings 1 and 6. Preparation of shop drawings should be performed prior to fire damper testing.

2. This work shall include Contractor researching facility engineering files to locate and review existing as-built drawings showing all relevant ductwork, and fire barrier dampers.

3. Contractor shall field verify locations for all Fire Dampers and update files and drawings showing Building, Floor, Room Number, Damper ID Number.

4. This information shall be transferred by Contractor to a report to include digital photographs and AutoCAD files and pdf drawings, created by the Contractor.

The VA has identified the following, but not limited to as-built contracts that shall be used for this purpose (see attached files), in conjunction with any other as-built contracts discovered during this effort:

i. Project No. 630-11-106, Repair Fire Dampers, Testing

ii. Project No. 630-08-103, Admitting Area/ER Modernization

iii. Project No. 630PR2600 9th Floor Renovations

iv. Project No. 630-09-115, Replace HVAC Phase IV

v. Project No. 630-10-113, Replace HVAC Phase V

vi. Project No. 630-910, Ground Floor Renovations Phase 1B, SPS

vii. Project No. 630-600 Utility Relocations Phase I (MRI Suite Relocation)

AutoCAD created files from previous inspection will be provided to the contractor for use as base plan for this project. Drawings may not show any or adequate ductwork. Ductwork within five feet of any penetrated smoke or fire barriers must be added to the AutoCAD drawings by the contractor.

This project shall include Contractor to verify duct sizes to complete this project as well as determining all existing Fire Dampers and labeling, with appropriate classification. This work shall also include determining and labeling all locations where Fire Dampers are required by code, but do not currently exist. The Contractor shall identify and label approximately 350 Fire Dampers listed in the attached Fire and Smoke Damper Inspection Report and add/identify all new FDs from the projects listed above. The AutoCAD files must identify whether these Fire Dampers are wall-mounted, or floor mounted.

The work associated with inspecting and testing Fire Dampers consists of testing the approximately three hundred fifty (350) fire dampers and the new Fire Dampers from the projects listed above. Fire Damper inspection and testing work shall be performed in accordance with NFPA 105, 80 as required by JCAHO and VA General Requirements.

· The work associated with providing access to approximately fourteen (14) inaccessible dampers as listed and initially described in the 2013/14 Report shall include all work necessary to make these dampers accessible to include installing access panels for inspecting and testing in accordance with the above requirements and to restore the site to the pre-construction condition. Before starting any demolition the contractor shall provide full fire/safety and infection control plans for VA approval. If any of the inaccessible dampers are those located above fire extinguisher closet the contractor shall consider the three walls, floor and ceiling of each of these closets to be fire barrier rated. The Contractor shall cut an opening in the duct and furnish and install a fire damper in the duct on the corridor side of the closet door/wall and extend and seal the corridor wall above the door, to the slab above, thus, creating a fire barrier of the closet walls, ceiling , floor and the corridor wall above the closet door for each of the locations.

B. Inspection and Testing:

This work shall include but not be limited to:

1. Relocation of all type of utility obstructions,

2. Creating openings in ceilings, walls, and ducts to gain sufficient access to dampers

3. Installing ceiling access panels (fire rated) in these opening locations adequate to perform current and future inspection and testing.

4. Contractor shall comply with all VA FD and Safety penetration requirements including obtaining permits as required through fire rated assemblies (including floor slabs).

5. All exposed moving parts on Fire Dampers to be dry lubricated per manufacturer’s instructions.

6. Clear each damper of any debris that would impede damper’s normal operation.

7. Coordinate with COR and VA Fire Department to place Facility Fire Alarm System in “test mode”, to conduct inspection of the fire dampers and/or combination fire/smoke dampers. Fire/Smoke dampers shall be connected to fire alarm system. Contractor shall have access to Facility Fire Protection Drawings upon award of contract.

8. Manually activate actuators on electric and/or pneumatic fire and or combination fire/smoke dampers.

9. If there is no existing access to a Fire Damper, then proper sized access doors which shall be cam locked sheet metal for duct work access will be installed to facilitate future inspection and service, they shall match existing surface color. Approximately fourteen (14) service panels will be installed.

10. All existing not required Fire Dampers shall be decommissioned per NFPA code and are to be locked in the open position and tagged Decommissioned with a Blue tag. The Blue tag shall be permanently attached to Fire Damper as per direction of the COR.

11. All new Fire Dampers required shall be out of the air stream type and installed as per VA Specification. New Fire Dampers shall be tagged with a Red ID tag. Verify Fire Damper compliance to NFPA 80 2018 Chapter 19. Contractor to affix signed and dated test sticker to space provided on Red Fire Damper ID tag. The Red tag shall be permanently attached to Fire Damper as per direction of the COR.

12. All existing required Fire Dampers shall have a Red ID tag. The Red tag shall be permanently attached to Fire Damper as per direction of the COR.

13. Contractor needs to test and visually inspect Fire Dampers, verify Fire Damper compliance to NFPA 80 2019 Chapter 19 & fill out COR approved; Contractor created Test Form.

14. Contractor shall test and inspect fire dampers and if a fusible link is present; Remove and reset fusible links on fire dampers, to verify such Fire Damper fully closes and if necessary, replace any fusible link that is compromised (per National Fire Protection Association Code) that is damaged, painted or the incorrect rating. When dynamic dampers are present, testing in normal HVAC operation with air flow is the only way to prove its operation in the case of an actual event. If the damper is a smoke and combination type damper the power source shall be removed from its actuator to verify damper closure. Static dampers do not require airflow during operational testing. Successful operation during the test will verify there is no interference due to rust or damaged blades. Contractor shall affix signed and dated test sticker in space provided on Red damper ID tag.

15. The test sticker shall be a self-adhesive plastic type which at minimum shall include the name of company, test date, name of testing technician (Printed) and signature. Only black ink non-fading ink shall be used on the test label. The sticker shall be of the type that will not fade over time.

16. If the testing of a Fire Damper has failed to include not being in compliance with the NFPA, minor repairs are to be attempted to correct upon notifying and receiving approval from the COR. A written report shall be generated and sent to the COR. The report shall state at a minimum the reason for noncompliance and minor repairs attempted and outcome.

17. Fire Dampers with known access issues approximate number 14. If the contractor discovers additional access issues contractor shall immediately be brought to the attention of the COR for resolution.

18. Fire Dampers shall be inspected and tested after access work is completed.

19. Contractor shall submit a construction schedule for approval to COR showing all proposed work prior to start of work.

20.The Contractor shall thoroughly inspect each of the inaccessible dampers to determine the extent of work required to provide access, including but not limited to:

a. Re-routing of existing utility interferences

b. Cutting holes and providing access doors and panels thru walls and ceilings

c. Cutting duct openings to provide access panels in locations that provide sufficient access to dampers for inspection and testing.

d. Where suspended ceiling grids impede access to any of these dampers, the grids and ceiling tiles shall be re-configured/constructed to provide adequate access.

e. The work to provide access to these dampers shall be performed in the first phase of this project.

C. Report of Fire Dampers and Other Deliverables:

At conclusion of Inspection, Testing and Preparation of Shop Drawings; Contractor shall provide COR with preliminary draft copy of Report and AutoCAD and pdf files and As Built drawings sixty (60) days prior to contract completion end date for COR review and approval prior to final submission.

This report shall include:

1. An inventory sheet (spreadsheet/excel style) with the location of each Fire Damper and Fire Damper number (if no number is assigned work with COR to assign a number), damper type, fusible link rating, pass/fail status, any corrective actions and additional comments.

2. A stamped metal tag with number shall be affixed to each damper and number shall be cross-referenced in report.

3. Digital photographs of each Fire Damper in its current state “Before” & after performance of the inspection showing each Fire Damper opened & where operable photo in its closed state After”.

4. COR approved; Contractor created Test Form document for each Fire Damper is to include Date, Inspector, Damper ID#, Location, Ductwork Size, Damper Type, Fusible Like Rating, Pass/Fail Status, Correction Recommendation, Repairs, Retest Results, Comments.

5. Electronic copies of final report on four CDs shall be submitted which purpose is to provide evidence of Fire Damper inspection for submission to applicable agencies such as Joint Commission and other Fire Protection Agencies and comply with NFPA 105, 80 requirements.

D. WORK STANDARDS, INTERIM LIFE SAFETY MEASURES (ILSM), INFECTION CONTROL RISK ASSESSMENT (ICRA):

1. The contractor shall comply with an Infection Control Risk Assessment (ICRA) which will be developed with the COR and the VA Infection Control Practitioner. 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. 2. Infection Control is critical in all medical center facilities. Interior construction activities causing disturbance of existing dust, or creating new dust, must be conducted within ventilation-controlled areas that minimize the flow of airborne particles.

3. Contractor shall take extra measures to ensure any significant amounts of dust and dirt generated from this project are contained within the immediate construction area. Any dirt and debris tracked outside of the immediate working areas will be the responsibility of the contractor for clean-up.

4. The contractor shall adhere to Infection Control Risk Assessment (ICRA). Although not required, the use of a hard-sided mobile containment unit is highly encouraged for this work.

5. All ICRA measures as described by the VA General Requirements shall be instituted and shall be determined and submitted for approval prior to start of work. If after hours work is required due to ICRA constraints Contractor shall inform COR 48 hours in advance.

6.Where measures require temporary structures, shop drawings for such work shall be submitted for approval prior to start of work.

7. Interim Life Safety Measures (ILSM) latest policy checklist for VA New York Harbor Healthcare System construction projects applies, document to be filled out and submitted and approved by VA COR and VA Safety Specialist.

E. General:

1.Contractor shall be responsible for all temporary marking and construction signage during the demolition and construction phases.

2. Contractor to arrange with COR for VA issued badges for all contract employees prior to on site work beginning. Arrangement shall be made as expeditiously as possible to avoid delays.

2.Contractor's employees and sub-contractor employees shall not enter the VA Medical Center site or project site without a VA-issued badge which must be displayed at all times.

3.Contractor shall furnish & post, but is not limited to, a copy of Rates and Wages, the Davis-Bacon poster & schedules, ILSM/ICRA/Patient Safety signed determinations, Site-Specific Emergency Contact information.

4. All contractor employees and subcontractors under this contract or order are required to complete the VA's on-line “VA Privacy and Information Security Awareness and Rules of Behavior Training” - TMS Code “10176” 5.Demolition shall be performed with a minimum amount of damage to adjacent property not included in this contract, which is to remain. Any damage to such existing work resulting from demolition work shall be considered a part of work included in this contract and is the responsibility of the contractor and shall be repaired upon completion of project.

6.If removal of materials discloses defective materials, which should be replaced, necessitating change above the scope of this contract, Contractor shall immediately contact the COR so that corrective action may be taken.

7.Asbestos Containing Material (ACM) is not anticipated to be present in the workspace. If contractor locates suspected ACM contractor shall contact the COR immediately for further direction. If any ACM is disturbed or becomes friable due to contractor actions, the construction site shall be shut down until appropriate containment is provided.

8.All non-hazardous excess material and debris generated from this project shall be disposed of off- site in a State of New York licensed landfill upon completion of project. The Contractor shall remove all debris resulting from this contract from the site.

F. STORAGE AREA:

Storage area may be made available at the VAMC Campus during construction phases. Contractor shall coordinate with project COR for storage location.

H. SAFETY:

1. The contractor shall comply with an Infection Control Risk Assessment (ICRA) which will be developed with the COR and the VA 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.

2. The Contractor shall submit a Company Specific Site Safety Plan (SSSP) that must be approved prior to beginning on site work. Boiler plate company safety plan will not be acceptable – plan must include detailed hazard analysis for each construction activity to be performed.

3. 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.

4.The Contractor shall comply with applicable Federal, State and local safety and fire regulations and codes which are in effect at the beginning of the contract. The contractor shall keep abreast of and comply with changes in these requirements and codes applicable to the contract. 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. Contractor is solely responsible for determining the legal requirements that apply to activities and shall ensure safe and healthful working conditions for its employees.

5.All materials and equipment will be removed from the facility or stored properly at the end of the workday and secured during the workday. Under no circumstances will the Contractor allow for any equipment or materials to be left unattended.

6.Contractor shall submit a Site Superintendent Designation Letter to the COR for review designating the site Superintendent who is to be dedicated only to this project to include 30- hour OSHA Construction Safety Training Certificate. All tradesman/laborers and subcontractors shall submit 10-hour OSHA Construction Safety Course certificate. 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. Superintendent Communications: At all times during the performance of this contract, the Contractor's designated Site Superintendent is to be available by cell phone.

7. An Activity Hazard Analysis (AHA) shall be conducted before beginning any electrical work. Lock out – tag out procedures for air handler shutdowns shall be implemented as specified in Safety Requirements.

I.INTERIM UTILITY SYSTEM OUTAGE MEASURES:

1.All utility tie-ins and interruption of utility systems require prior approval and scheduling with VA Project Engineer (COR). The Contractor shall submit a request to interrupt any utility systems such as water, gas, steam, sewers, electricity, fire protections systems and communications systems to the VA Project Engineer (COR) in writing at a minimum of fourteen (14) days in advance of expected date of outage. Utility shutdowns shall not compromise security, communication or fire safety for occupants.

J. CODE & REGULATION COMPLIANCE:

The Contractor shall comply with the public laws and statutes including all changes and amendments of federal, state and local environmental statutes and regulations in effect of date of issuance of this contract, including, most current requirements of VHA and the applicable portions of the documents cited in the basic contract and below.

1. 1. National Fire Protection Association (NFPA):

1. a. NFPA 99 Healthcare Facilities Code

1. b. NFPA 101 – Life Safety Code

1. c. NFPA 105-Chapter 7 Testing and Maintenance of Smoke Dampers and Combination Fire/Smoke Dampers

1. d. NFPA 80

1. e. NFPA 92-Chapter 8 Testing and Chapter 2 of NFPA 1001 Mandatory References

1. 2. JCAHO standards EC.5.40.14

1. 3. 29 CFR 1910 Federal Occupational Safety and Health Act (OSHA)

1. 4. 29 CFR 1926 Safety and Health Regulations for Construction

K. PERSONNEL QUALIFICATIONS:

Contractor shall have a minimum of five year experience inspecting and testing fire dampers in healthcare facilities and five years of NFPA experience. Contractor shall have a minimum of five year experience reading shop drawings to determine all locations (Damper Code).

L. PLACE OF PERFORMANCE VA Medical Center Manhattan, 423 East 23rd Street, New York, NY 10010.

M. PERFORMANCE PERIOD AND HOURS OF WORK

The total project duration from issuance of Notice to Proceed is 360 calendar days. Work under this contract shall be accomplished during normal hours and off hour schedule. Manhattan VAMC normal working hours are 8:00am through 4:30pm Monday through Friday, excluding holidays. However, off work hours will be required due to ICRA constraints and/or impact on patients, staff and critical patient care areas when air handlers will have to be shut down. Lock out-tag out procedures for air handler shutdowns shall be implemented as specified in Safety Requirements. Contractor shall inform COR 48 hours in advance when working off hours is required.

2.3 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)

2.4 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)

2.5 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

(End of Provision)

2.6 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…