36C24224B0007.docx

1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

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

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

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

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

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

9. FOR INFORMATION

CALL:

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

SEALED BID (IFB)

NEGOTIATED (RFP)

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

YES

NO

a.

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

b.

An offer guarantee is, is not required.

c.

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

d.

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

36C24224B0007 X 01-19-2024 630-24-1-6084-0048

SL-24-001

36C242 Department of Veterans Affairs Network Contracting Office 2 Franklin D. Roosevelt VA Medical Center 2094 Albany Post Road Montrose

NY

10548

SEND BID VIA EMAIL IN PDF FORMAT

EMAIL TO JULIE.PROVENZANO@VA.GOV

Julie Provenzano Julie.Provenzano@va.gov This project is to furnish all construction services to Replace Flooring in Surgical Suite.

The Contractor shall furnish all materials, supplies, equipment , personnel and supervision to accomplish Project Number SL-24-001 Replace Flooring in Surgical Suite in accordance with the statement of work, specifications and drawings at Manhattan VAMC, 423 E 23rd St., New York, NY. Completion Time is 210 calendar days from the notice to proceed date .

Contractor will be responsible to coordinate and schedule work starting on Friday's at 7:00 pm working only on weekends noted in the general conditions. Work shall comply with VA Specifications & regulations, all applicable Federal, State and Local codes, including specific regulations related to working at the Manhattan VAMC.

As set forth in 38 U.S.C. 8127 the requirement is a 100% set aside to Service Disabled Veteran Owned Small Business.

All prospective bidders must be registered in SAM (https://www.sam.gov) and verified/visible/certified in SBA VetCert (https://veterans.certify.sba.gov) at the time of offer submission and before award of this procurement. Offerors must submit their annual Vets4212 Report.

The NAICS Code is 238330 and business size standard is $19.0 Million.

Project magnitude of construction is between $500,000 and $1,000,000.

A prebid site visit is scheduled for January 29, 2024 at 10:00 am at Manhattan VAMC, 423 E 23rd St., New York, NY 10010 meeting VA escort - Main Building 423 E. 23rd Street, in the Atrium near the elevators.

NOTE: NO OTHER SITE VISIT WILL BE SCHEDULED. Interested Bidders are strongly encouraged to attend.

Refer to page 8 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 Julie Provenzano, Contracting Officer via email at julie.provenzano@va.gov.

Questions must be received no later then February 5, 2024 by 4:00 pm EST.

Refer to page 8 and 9 for Virtual Bid Opening Instructions.

A 20% Bid Bond must be submitted with bid.

All bidders are required to sign VAAR 852.219-75 VA Notice of Limitations in Subcontracting Compliance (Attachment 4) & submit with bid. All bidders are required to complete and sign 52.225-2 Buy America Certificate (Attachment 5) and submit with bid.

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 SOLICITATION AMENDMENTS

X X 52.211-10 X 11:00 am

EST

02-20-2024 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 _____________________________________________ 630-3640162-6084-850100-2580 0100501X3 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 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/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 replace surgical suite flooring as called for in SOW and Specifications.

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 $500,000 & $1,000,000.

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) VETS-4212 Reporting Requirement Contractors are required to submit a required annual Form VETS-4212, Federal Contractor Veterans' Employment Report in all cases where the contractor or subcontractor has received an award of $150,000 or more in any fiscal year. Contracting Officers are prohibited from awarding a contract to a contractor that has not submitted a required VETS-4212 Report with respect to the preceding fiscal year if the contractor was subject to the reporting requirement of 38 U.S.C. 4212(d). For more information on this requirement and/or for completing the web-based reporting form, visit the following website https://www.dol.gov/agencies/vets/programs/vets4212. See FAR provision 52.222-38, Compliance with Veterans' Employment Reporting Requirements (FEB 2016) under the Representations, Certifications and Other Statements of Offerors, and FAR clause 52.222-37, Employment Reports on Veterans (FEB 2016) under the General Conditions.

(g) 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 construction services to include all tools, labor, materials, equipment, services, and supervision necessary for Replace Surgical Suite Flooring at VA New York Healthcare System, Manhattan VAMC campus under Project #SL-24-001.

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 Monday, January 29, 2024, at 10:00 AM. Participants will meet an escort in the Atrium near the elevators 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 valid Government issued picture ID. 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 Monday, February 5, 2024 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. 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 36C24224B0007 – COMPANY NAME. The bids shall include copies of a bid bond. The virtual bid opening shall take place on February 20, 2024 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:

Call in +1 347-566-4838 Phone Conference ID: 520 155 85#

BID REQUIREMENTS

The bid, in its entirety, shall not exceed one email to include attachments: Signed SF1442 Cover Sheet with Item 0001 Base Bid Total and all required Representations and Certifications – signed VAAR 852.219-75 VA Notice of Limitations in Subcontracting Compliance (Attachment 4) ,completed and signed FAR 52.225-2 Buy American Certificate (Attachment 5), Copy of Bid Bond, Signed Amendments or acknowledgment on SF1442 if any and Safety or Experience Modification Rate, VETS-4212 Reporting Requirement; Contractors are required to submit a required annual Form VETS-4212.

BASIS FOR AWARD

The Government will award a single contract resulting from this solicitation to the responsive, responsible SDVOSB bidder whose offer conforming to the solicitation will be most advantageous to the Government based on 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.

Scope of Work Project Title: Replace Flooring in Surgical Suite Project Number: SL-24-001

1.0 Introduction and Background

The VA New York Harbor Healthcare System -Margaret Cochran Corbin Campus, 423 E 23rd Street, New York, NY 10010 Surgical Suite consist of 8 active operating rooms. The existing ceramic floor condition is an infection control and safety hazard issue due to cracks.

2.0 Objective

Work includes general construction, alterations, and demolition. Contractor shall provide the following including, but not limited to supervision, labor, equipment, material necessary to accomplish work for the demolition of existing sheet goods and ceramic tile and replacement of flooring and cove base as required by specification and drawings. The VA is responsible to relocate all moveable equipment prior to the beginning of on-site work.

3.0 Scope of Work

The Contractor shall provide all labor, material, equipment, disposal and supervision to perform work as required in attached Drawings and Specification to include but not limited to the following:

1. Demolition of existing ceramic tile flooring. self-level floor for new flooring.

2. Removal of existing vinyl cove base. Contractor to repair and paint any damage to walls caused by the demolition.

3. Prep floor as per manufacturer recommendation to include concrete patch.

4. Prep wall as per manufacturer recommendation for new cove base. Prep wall to allow new cove base max of 50LF 12” AFF, use high impact GYP up to 5/8” double layer plus metal track/stud.

5. Self-level floor for new flooring as per manufacturer.

6. Furnish and install approximately 10,500 SF of resinous flooring.

7. Installer Qualifications: Installers to be certified installers specializing in performing installation of products specified and have a minimum of three (3) years’ experience.

8. Product manufacture Certify Installer only, proof of certificate per worker will be required.

9. Furnish and install integrate cove base 6” with approved ending cap.

10. Furnish and install approved transition strip per phases.

11. Furnish and Install 100 LF of 6” cove base at control station and holding room.

12. Furnish and Install material to control moisture to include moisture test.

13. Repairs approximate 50 SF of sheet goods, to match existing material.

14. Mockup per VA specs, prior new work.

15. Remove all debris at the end of each work shift. A site will be available for contractor supplied mini dumpster at Ground Floor level-Island Parking.

16. Drawing “Building 6 OR Flooring Layout 1, attachment 1 is for reference only, Contractor is responsible to verify measurements.

17. Contractor must closely coordinate all work with COR.

4.0 Performance Period and Hours of Work

1. 210 calendar days. Working only during weekends. Starting Friday’s at 7:00PM.

2. This project needs to occur in 6 phases (see attachment 2- OR Phasing Plan). The contractor shall submit a schedule to be approved in advance with the COR.

3.Contractor to estimate 10 mobilizations to perform this work.

5.0 Submittals and Brand Name or Equal Salient Characteristics

1. The contractor must provide product listed or can propose equal or better product if it matches specifications for product requested

2. In order to submit an equal or better product, a sample must be submitted to the COR for written final approval.

3. Brand Name or Equal Salinet Characteristics:

· DUR-A-FLEX ACCELERA RXC

· See attachment 3 “Salient Characteristics”

4. Contractor shall provide submittals to the COR for submittal approval minimum 30 days prior to scheduled installation of any referenced materials substituted in the technical sections herein, unless otherwise noted. Submittals shall be approved prior to installation of any referenced materials substituted.

5.. Descriptive Data: The Contractor shall furnish the manufacturer’s descriptive data, installation instructions, and maintenance instructions, for approval, as required technical specifications.

5.0 WORK STANDARDS, INTERIM LIFE SAFETY MEASURES (ILSM), AND INFECTION CONTROL RISK ASSESSMENT (ICRA) The contractor shall provide the following documents and perform related tasks prior to start work:

The contractor shall clearly define and meet “Infection Control Barrier” criteria (per phase) The construction shall be in accordance with the AIA Guidelines for Design and Construction of Hospital and Health Care Facilities and address; the impact of demolition and new flooring. Negative pressure in each phase shall be monitor and logged by contractor.

1-Preconstruction survey and inspection is to be completed before work begins.

2-A company Site Specific Safety Plan (SSSP) to include detailed Activity Hazard Analysis (AHA) for each construction activity to be performed must be submitted before beginning any work. SSSP must be approved by VA Safety prior to work beginning. This plan shall detail fire, construction and health-related safety measures. Boiler plate company safety plan will not be acceptable – plan must include detailed hazard analysis for each construction activity to be performed.

3--Interim Life Safety Measure (ILSM) document to be filled out & submitted to COR & VA Safety Manager.

4--Infection Control Risk Assessment (ICRA) document shall be developed by Contractor with COR and VA Infection Control Practitioner (who will review and approve). The ICRA needs to describe what measures the contractor will be taking to minimize the spread of dust and debris. To include but not limited to appropriate construction barriers and walk-off mats, noise and dust (sealing of HVAC intakes and exhausts, vents, drains etc.). 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 into patient areas. A AHA associated with infection control will be performed by VA personnel in accordance with FGI Guidelines (i.e. Infection Control Risk Assessment (ICRA). The ICRA procedure found on the American Society for Healthcare Engineering (ASHE) website will be utilized. Risk classifications of Class II or lower will require approval by the Resident Engineer, Facility Safety Officer and Contracting Officer Representative, or Government Designated Authority, before beginning any construction work. Risk classifications of Class III or higher will require a permit before beginning any construction work. Infection Control permits will be issued by the Project Engineer. The Infection Control Permits will be posted outside the appropriate construction area. More than one permit may be issued for a construction project if the work is located in separate areas requiring separate classes.

5-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.

6.0 General

1. It is the responsibility of the contractor to verify all quantities, existing conditions and measurements prior to bidding. A site walk will be held at a date and time specified in the solicitation to review scope, of service, site and requirements. 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.

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

3. 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.

4.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.

5.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.

6.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.

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.

7.0 STORAGE AREA

VA provided storage area will be made available to contractor for tools and equipment, material at the VAMC Campus during construction phases. Government is not responsible for the security of items. Contractor shall coordinate with project COR for storage location.

8.0 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. 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.

9.0 Personal Protective Equipment (PPE)

The Contractor is responsible for obtaining/providing, inspecting, and maintaining any required Personal Protective Equipment (PPE) necessary to perform services in the OR suite to include full gown, gloves, N95 mask, safety glasses, hair cover and booties.

10.0 Warranty

The contractor shall guarantee that all work performed will be free from all defects in workmanship and materials and that all services and repairs will provide the capacities and characteristics specified. The contract further guarantees that if, during a period of one year from the date of the certificate of completion and acceptance of the work, any such defects will be repaired by the contractor at his/her own cost.

11.0 VA Requirement Construction Management Software Requirements A. Construction contractors selected by award to perform work at VISN 2 VA facilities, are required to utilize VISN 2 Autodesk Build Construction management platform, also called Autodesk Construction Cloud (ACC). Access to the platform and training portal will be provided by VISN 2 through project Contracting Officer Representative (COR) at no cost for the duration of the project. Autodesk Build is the management and collaborative environment that VISN 2 uses for all its Non-Recurring Maintenance (NRM), Minor Program projects, Feasibility Studies, Commissioning and Retro-Commissioning contracts. There is no user, license, or subscription fee to the contractor for using this cloud-based platform.

B. Contractor shall accomplish and complete the following tasks upon award of contract:

1. Request access to ACC platform and ProductivityNOW eLearning Site to project VA COR NLT 14 days from contract award.

2. Only staff that shall utilize the platform to be granted access. Examples: Project manager, sub-contractors POC, Site manager, Safety officer, etc.

3. The access request shall be in writing and include a list of staff. The list shall include the following information:

· Full Name

· Company Name

· Email Address

· Role/Position on the project (i.e., Project manager, site super)

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 52.222-23 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)

2.4 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)

2.5 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)

2.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Julie Provenzano Contracting Officer Hand-Carried Address:

Department of Veterans Affairs Franklin D. Roosevelt VAMC 2094 Albany Post Rd. Bldg 29 Rm 339 Montrose NY 10548 Mailing Address:

Department of Veterans Affairs Franklin D. Roosevelt VAMC 2094 Albany Post Rd. Bldg 29 Rm 339 Montrose NY 10548

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

2.7 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— January 29, 2024 at 10:00 am Manhattan VAMC

(c) Participants will meet at— Main Building Atrium 423 E. 23rd St. New York, NY (End of Provision)

2.8 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):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Provision)

2.9 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)

2.10 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:

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238330.

(2) The small business size standard is $19 Million.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b)(1)…