36C24224B0036_1.docx

36C24224B0036

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.

36C24224B0036 X 07-10-2024 528-24-1-8164-0002 528A8-21-802 36C242 Terry Fraser Department of Veterans Affairs Network Contracting Office 2 20 Madison Ave. Ext.

Albany

NY

12203 Terry Fraser Department of Veterans Affairs Network Contracting Office 2 20 Madison Ave. Ext.

Albany

NY

12203

FRASER, TERRY

518-626-5161 General Description: Furnish all labor and materials to Renovate for Respiratory Therapy Project number 528A8-21-802

The Contractor shall provide all Management, Supervision, Labor, Materials, Equipment, Tools, and Transportation to execute work for the Renovate for Respiratory Therapy project located at the Stratton VA Medical Center.

This project is being solicited as a 100% TOTAL SDVOSB SET-ASIDE.

Project Magnitude: Between $1,000,000 and $5,000,000. NAICS code 236220 and small business size standard is $45 Mil.

This procurement will be 100% set-aside for SDVOSBs in accordance with VAAR 808.004-70. Bidders must be registered in the System for Award Management (www.beta.sam.gov) at the time of the bid and at the time of award. All Prospective bidders must be verified/certified in VetCert (https://veterans.certify.sba.gov)at the time of offer submission and before award of this procurement. The successful bidders Dun & Bradstreet Supplier Analysis Report will be reviewed by the Contracting Officer prior to award. Bidders must submit their Experience Modification Report (EMR) with their bid.

Bidders are reminded to return a signed copy of VAAR 852.219-75 VA NOTICE OF LIMITATIONS OFSUBCONTRACTING - CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)(DEVIATION) contained in the solicitation.

See full solicitation text for information related to pre-bid site visit, requests for information, bidding materials and public bid opening. See attached specifications and drawings for the required renovations.

A site visit is scheduled for 1:00 pm on Friday, July 19, 2024. All prospective offerors are to meet in the lobby located at the main building and must be wearing a disposable surgical mask prior to entering as cloth masks are no longer allowed in the building. All offerors will be screened for COVID prior to entering the building.

X X 52.211-10 X 2pm

EDT

08-09-2024 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

36C242 Department of Veterans Affairs Samuel S. Stratton VA Medical Center Network Contracting Office 2 20 Madison Ave Ext Albany

NY

12203 Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/

X Sandra Fisher

CONTRACTING OFFICER

SCOPE OF WORK:

Project 528A8-21-802 Renovate for Respiratory Therapy Bldg. 1 VAMC, 113 Holland Ave., Albany, NY

I. PROJECT DESCRIPTION

The Stratton VA Medical Center (VAMC) in Albany, NY plans to renovate the Main Hospital’s 2nd floor D-wing righthand branch, approximately 2500 square feet. The goal of the project is to transform the space for Respiratory Therapy, including administrative and storage spaces.

Specific work requirements include, but are not limited to the following:

1. Protect all items and finishes to remain. Repair any damage caused by construction to the original state or better.

2. Contractor shall provide professional, full-time on-site supervision of the work.

3. Contractor shall develop a schedule and conduct weekly construction meetings and prepare the meeting minutes.

4. Contractor shall provide all required survey and testing work.

5. Contractor shall review all shop drawings, submittals and RFIs prior to submitting to VA COR.

6. Once the construction is complete, the Contractor shall provide as built/red line drawings, in the form of a submittal, for VA review.

7. All work shall be performed and accomplished according to Albany VAMC’s contract specifications and drawings, including General Requirements, Safety, and Infection Control requirements.

a. Coordinate all power and other utility shutdowns with the VA COR. Provide the VA COR a minimum 21-calendar day notice.

b. The prime contractor shall be responsible for assuring that all work is coordinated and performed during appropriate hours that will not interfere and/or interrupt the Stratton VA’s daily activities.

Background: The Samuel S. Stratton VA Medical Center was constructed in the late 1940’s based upon plans by Green & James, Architects & Engineers, Buffalo, New York and Eggers & Higgins Architects & Engineers, New York, New York dated December 10, 1947. The primary 2D project area was last renovated in the early 2000s, for the previous construction of a Dialysis suite.

The departments surrounding the project area (adjacent and on neighboring floor) will remain operational throughout construction. Coordinate with the VA COR, to schedule all work during the least disruptive timeframes to hospital operations.

Roadway closures will not be permitted at any time or for any reason except with the written approval of the VA COR.

II. REFERENCES

Applicable construction standards are listed in Appendix A. Criteria specified throughout the solicitation shall be taken from the most current references as of the date of the solicitation. The list is not intended to include all criteria that may apply construction. As part of the close-out documentation, the Contractor/Designer shall provide as-built drawings in Adobe PDF and 2 sets of 24” x 36” sets of hard copies.

III. WORK COVERED BY CONTRACT DOCUMENTS

GENERAL

The construction services and contract documents shall cover the construction for the rehabilitation of the VAMC, Albany, NY, Building 1, Renovate for Respiratory Therapy, consisting of all building components, site modifications and improvements needed to turn over to the government a fully functional facility that meets or exceeds the government requirements as set forth herein. The Contractor shall provide all labor, supervision and materials necessary to perform the work as indicated in this scope of work, project specifications and drawings. The building and site elements shall be accommodated in the given project site. Develop and construct the facility within the budgeted funds that will be negotiated with the government.

A. EXISTING ELEMENTS

The primary project area is in the Main Hospital, 2nd floor, right branch of D-wing. However, secondary project locations consist of (but are not limited to) the 2D and 2 Core corridors, 2 Core Mechanical Equipment Room and 1D Emergency Department. There are existing utilities in and around the proposed work area. In addition to following “FAR 52.236-9, Protection of Existing, Structures, Equipment, Utilities and Improvements” the contractor shall remove or alter existing work in such a manner as to prevent injury or damage to any portions of the existing work, which is to remain. The contractor shall repair or replace portions of the existing work, which have been altered or damaged during construction operations to match or adjoining work, as approved by the Contracting Officer and at no additional cost to the government. At the completion of operations, existing work shall be in a condition equal to or better than that which existed before new work started.

The Contractor shall verify all existing conditions on the site and in the facility infrastructure that the proposed project may affect before the commencement of any construction. This includes but is not limited to, verifying the location and elevations of existing utilities, verifying site items as shown on the project drawings and taking appropriate field measurements. The government will not be held responsible for bidding errors made or the failure to adequately inspect the job site for existing conditions, dimensions or to fully review manufacturer’s information related to the project. All bidders are strongly encouraged to inspect the job site prior to submitting bids.

All discrepancies between the scope of work, drawings, specifications, and manufacturer’s recommendations shall be brought to the attention of the Contracting Officer’s Representative prior to the commencement of work. The Contractor shall abide by the Scope of Work regardless of whether a manufacturer calls for the task, level of preparation, etc. in question. The only exception is where the Contracting Officer agrees in writing that the item or task specifically voids a manufacturer’s warranty and may be omitted. A credit for the work not performed may be due to the government in such circumstances at the discretion of the Contracting Officer.

The Contractor shall review the drawings to determine if they are responsible for providing the specific material and/or labor associated to complete the task or phase of the project as well as the project overall.

As part of the project, the Contractor shall:

1. Provide a project schedule that addresses the needs of any area of the VAMC facility that will or may be impacted by the work.

2. Prepare and execute a well-managed plan to mitigate service disruptions.

B. SITE PLANNING AND ENGINEERING

The Contractor shall maintain existing adjacent areas and all areas not designated for a new finish, disturbed during construction shall be patched, repaired, or restored to original conditions.

C. LIFE SAFETY AND BUILDING COMPONENT FIRE RATINGS

All life safety codes shall be adhered to as they pertain to the built environment of this project. Egress routes shall be delineated to meet the requirements of the governing codes. All existing means of egress shall be fully accommodated during construction.

Proper temporary partitions shall be constructed and maintained during all phases of work and shall comply with all current VA Safety and Infectious Control standards. Temporary partitions shall receive a Level IV finish on the face that’s visible to the hospital.

D. COLORS

The color, texture, and pattern selections for the finishes of the renovations shall provide an aesthetically pleasing, comfortable, easily maintainable, and functional environment of the occupants (including contractor’s ante rooms – see Section III.C). The government will provide finish standards of the facility. Coordination of the new finishes and color selections shall match or compliment with existing buildings adjacent and shall be necessary for a cohesive design. Color selection shall be appropriate for the building type on this campus.

IV. SCHEDULES

The Period of Performance is 365 calendar days after the Notice to Proceed, unless otherwise agreed to in writing with the Contracting Officer. Provide the government with a construction project timeline that includes but is not limited to submittal submission dates, start of construction, milestones, completion of construction, performance testing and final hand over to the government for occupancy that is less than or equal to 365 calendar days.

Rescheduling of any activities shall be done at no cost to the government unless negotiation and authorization of the rescheduled activity has been agreed upon by the government. Notify the government at least 72 hours prior to starting demolition work, large deliveries or any event that may impact the normal operations of the facility. Utility shutdowns require a minimum 21-calendar day notice.

V. PROJECT ENERGY PERFORMANCE

The intent of this project is to meet the energy requirements as set forth in the governing codes and regulations for this type of building. There are no LEED requirements for this project.

VI. OCCUPANCY OF SITE

This project is on a fully operational campus. All activities being performed shall maintain the safety and wellbeing of the occupants that operate within the campus. Before work is started, arrange with the government a sequence of procedures, means of approach and space for storage of materials and equipment. The Contractor is responsible for the security of the proposed site during construction and any staging area(s).

VII. CONTRACTOR PERFORMANCE

Use good construction practices and standards in completing all work. All work shall be performed by laborers that are fully versed and experienced in the trade that they are employed to do. Coordination with the government, of project progress and scheduled items, shall be a regular occurrence, initiated by the Contractor.

Appendix A Drawings and information concerning existing conditions as required.

1) All reproduction services of bidding documents for prospective bidders.

2) VA Master Specifications for copying and editing. Available on the Internet at https://www.cfm.va.gov/til/spec.asp.

3) VA Signage Design Guide at http://www.cfm.va.gov/til/spclRqmts.asp#SIGN

4) VA Standard Details Handbook PG-18-4 for copying. Available on the Internet at http://www.cfm.va.gov/TIL/sDetail.asp

5) VA Construction Standards PG-18-4 as determined by the COTR to be necessary for the specific needs of this project http://www.cfm.va.gov/TIL/cPro.asp.

6) Other VA design information at the VA Technical Information Library http://www.cfm.va.gov/TIL/

7) VA recommendations, as applicable including those for meeting security, safety, and infection control standards required during construction.

8) Other project documents as applicable, which have renovated these areas.

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 http://www.sam.gov in electronic format only. All interested parties (subs & primes) should register at http://www.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 http://www.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 Magnitude: Between $1,000,000 and $5,000,000.

PROJECT BID ITEMS

A single award will be made on the Base Bid.

BASE BID: All work required in the construction documents (including but not limited to drawings, specifications, addenda, and contract documents).

Fill in price SF 1442 BOX 17, BASE BID (use ink)

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) original completed/signed SF24 Bid Bond and Power of Attorney as required.

(d) Buy American Certificate.

(e) Limitations in Subcontractor Compliance Certificate.

(f) 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). 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.

4) Bidders are responsible for ensuring and verifying their bid and all required bid documents are received at the address designated in block eight (8) of the SF 1442 solicitation and by the date and time specified in block thirteen (13)a of the SF 1442 solicitation (subject to amendment).

DELIVERY OF BIDS

Bids in response to this solicitation are to be delivered electronically by 2:00 PM (EST), August 9, 2024 to the following:

Contracting Officer: Terry Fraser @ terry.fraser@va.gov

INSTRUCTIONS TO BIDDERS

A bid opening will be held on August 9, 2024 @ 2:15 PM (EST), via Microsoft Teams.

Once your bid is received via email an invite to join the Microsoft Teams bid opening will be emailed back to email address provided or you can call in using the information below:

The call-in number (audio only) is (347) 566-4838 The Phone Conference ID: 336 604 910#

Please dial in approximately five (5) to ten (10) minutes before official bid opening.

Bids received after this time/date will be rejected.

Any exception to the terms and conditions of this Invitation for Bid (IFB) will result in a nonresponsive bid.

Failure to provide a definitive price will result in a nonresponsive bid.

Receipt of bids must be in accordance with terms and conditions of this IFB.

Bidders must acknowledge (in writing only) amendments to this solicitation, otherwise a bid may be determined nonresponsive.

The winning bidder must be determined as "responsible" by the Contracting Officer in accordance with FAR Part 9, Contractor Qualifications.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

GENERAL INTENTION

Contractor shall provide the labor and materials to include, but not limited to the provided drawings and specifications for the replacement of the Exterior Signage project located at the Stratton VA Medical Center. The period of performance is 90 calendar days from receipt of Notice to proceed.

SITE VISIT

Bidders are urged and 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 July 19, 2024 @ 1:00 PM (EST). Participants will meet at the Albany VAMC lobby.

Prospective offerors can park in the visitors lot.

REQUESTS FOR INFORMATION (RFI):

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

RFIs will be responded to as necessary in amendment format which will be posted on www.sam.gov.

The deadline for submission of RFIs for this solicitation is July 26, 2024 at 1:00 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.

BASIS FOR AWARD

Contract award will be made using FAR Part 14 Sealed bidding procedures, selecting the responsive, responsible bidder whose bid is conforming to the invitation for bids, will be most advantageous to the Government, considering only price and the price-related factors included in the invitation. The selected bid must be determined to be a fair and reasonable price.

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 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 Syracuse, NY

(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 52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

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

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

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

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

(End of Provision)

2.6 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)

2.7 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:

Sandra Fisher Contracting Officer Hand-Carried Address:

Email directly to Sandra.Fisher3@va.gov

Mailing Address:

Email directly toSandra.Fisher3@va.gov

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

2.8 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— Friday July 19, 2024 1:00PM EST.

(c) Participants will meet at— Samuel S. Stratton VAMC, 113 Holland Ave Albany, NY 12208 (End of Provision)

2.9 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)

2.10 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)

2.11 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)

2.12 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019)

(a) The Contractor shall furnish to the resident engineer, for each workday, a consolidated report for the preceding workday. Reporting shall begin from date of mobilization until the date of final acceptance except for authorized holidays. VA Form 10101, Contractor Production Report, or a Contractor generated form containing the same type of information shall be signed, dated and submitted by the Contractor superintendent.

(b) Each report shall include and specifically identify at least one safety topic germane to the jobsite that day.

(End of Clause)

2.13 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT (SEP 2019)

The FAR clauses 52.236-2, Differing Site Conditions; 52.243-4, Changes; and 52.243-5, Changes and Changed Conditions, are supplemented as follows:

(a) Submission of request for equitable adjustment proposals. When directed by the Contracting Officer or requested by the Contractor, the Contractor shall, in accordance with FAR 15.403-5, submit proposals for changes in the work exceeding $500,000 in writing to the Contracting Officer or Administrative Contracting Officer (ACO), and to the resident engineer.

(1) The Contractor must provide an itemized breakdown for changes exceeding the micro-purchase threshold (see FAR 2.101).

(2) The itemized breakdown shall include materials, quantities, unit prices, labor costs (separated into trades), construction equipment, etc. Labor costs shall be identified with specific material placed or operation performed.

(3) Proposals shall be submitted to the Contracting Officer or ACO and the resident engineer as expeditiously as possible, but not later than 14 calendar days, after receipt of a written change order by the Contracting Officer.

(4) Proposals shall be signed by each subcontractor participating in the change.

(5) The Contracting Officer will consider issuing a settlement by determination to the contract if the Contractor's proposal required by paragraph (a)(3) of this clause is not received within the time period specified in paragraph (a)(3), or if agreement has not been reached.

(b) Paragraphs (a)(1) through (5) of this clause and the following paragraphs (b)(1) and (2) apply to proposals for changes in the work $500,000 or less:

(1) As a basis for negotiation, allowances not to exceed 10 percent each for overhead and profit for the party performing the work will be based on the value of labor, material, and equipment required to accomplish the change. As the value of the change increases, a declining scale will be used in negotiating the percentage of overhead and profit. This declining scale will also be used to negotiate the prime Contractor's or upper-tier subcontractor's fee when work is performed by lower-tier subcontractors (to a maximum of three tiers) and will be based on the net increased cost to the prime or upper-tier subcontractor, as applicable. Profit (fee) shall be computed by multiplying the profit percentage by the sum of the direct costs and computed overhead costs. Allowable percentages on changes will not exceed the following:

(i) 10 percent overhead and/or 10 percent profit (fee) on the first $20,000.

(ii) 7.5 percent overhead and/or 7.5 percent profit (fee) on the next $30,000.

(iii) 5 percent overhead and/or 5 percent profit (fee) on a balance over $50,000.

(2) The Contracting Officer will consider issuing a settlement by determination to the contract if the Contractor's proposal required by paragraph (3) is not received within 30 calendar days, or if agreement has not been reached.

(c)(1) Overhead and Contractor's fee percentages shall be considered to include insurance other than mentioned herein, field and office supervisors and assistants, security police, use of small tools, incidental job burdens, and general home office expenses and no separate allowance will be made. Assistants to office supervisors include all clerical, stenographic and general office help. Incidental job burdens include, but are not necessarily limited to, office equipment and supplies, temporary toilets, telephone and conformance to OSHA requirements. Items such as, but not necessarily limited to, review and coordination, estimating and expediting relative to contract changes are associated with field and office supervision and are considered to be included in the Contractor's overhead and/or fee percentage.

(2) Where the Contractor's or subcontractor's portion of a change involves credit items, such items must be deducted prior to adding overhead and profit for the party performing the work. The Contractor's fee is limited to the net increase to Contractor or subcontractors' portions of cost computed in accordance with this clause.

(3) Where a change involves credit items only, a proper measure of the amount of downward adjustment in the contract price is the reasonable cost to the Contractor if it had performed the deleted work. A reasonable allowance for overhead and profit are properly includable as part of the downward adjustment for a deductive change. The amount of such allowance is subject to negotiation.

(End of Clause)

2.14 IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

1. GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA…