36C24226B0010.docx

36C24226B0010

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.

36C24226B0010 X 12-09-2025 630A4-22-413 36C242 Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx

NY

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

NY

10468-3904 Samantha Chavanga 934-221-8574 The Contractor shall furnish all materials, supplies, equipment, personnel and supervision for Project 630A4-22-413, Upgrade Station Chilled Water P&ID 6 East in accordance with the drawings and specifications at the Brooklyn Campus.

Completion Time: 365 Calendar Days from the Notice to Proceed This is a 100% Service Disabled Veteran Owned Small Business (SDVOSB) set aside procurement.

In order to be eligible for award, Contractor must be registered in SAM (www.sam.gov) with a Unique Entity Identifier are verified/visible/certified as SDVOSB in the Small Business Search https://search.certification.sba.gov/ at time of the Bid/offer submission and before award of this procurement. Offerors must submit their annual Vets 4212 Report. The North American Industry Classification System Code (NAICS) is 236220- Business Size is $45 Million Magnitude of Construction: Between $2,000,000 and $5,000,000.

Contractor will be responsible to coordinate and schedule work and shall be expected to plan work typically during duty hours of 8 AM to 4:30 PM eastern time except as noted in the general conditions and as approved by the CO. Work shall comply with VA Specifications and regulations, all applicable Federal, State and Local codes, including specific regulations related to working atthe VA Brooklyn Campus.

A pre-bid site visit is scheduled for December 15, 2025, at11:00am EST. Prospective bidders shall meet at Brooklyn VAMC Engineering Building (BLDG 4).

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

To preserve the integrity of the procurement process, all questions and request for information must be submitted in writing to Samantha Chavanga at samantha.chavanga@va.gov. Questions must be received no later than December 22, 2025 at 2:00pm (EST).

ONLY EMAILED BIDS to samantha.chavanga@va.gov will be accepted. The bids shall include copies of the original bid bond.

Bids are due on , Tuesday, January 13, 2026, at 9:30am.

The bid opening will be held online via Microsoft Teams on Tuesday, January 13, 2026, at 10:00am. EST.

VAAR 852.219-75 Limitations on Subcontracting Certificate is a separate requirement attached.

FAR 52.225-2 Buy American Act Certificate is a separate requirement attached in the solicitation.

The signed certificates must be received with the bid to beresponsive.

FAR Part 36.209 Construction contracts with architect-engineer firms. No contract for the construction of a project shall be awarded to Acela Architects Engineers or its subsidiaries or affiliates.

NOTE: CONTRACTORS MUST ACKNOWLEDGE ALL SOLICIATION AMENDMENTS.

X X 52.211-10 X

9:30AM

EST

01-13-2026 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( 41 U.S.C. 3304(a) (

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31a. NAME OF CONTRACTING OFFICER

TO SIGN

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. AWARD DATE

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

(Include ZIP Code) (Include area code) (Include only if different than Item 14.)

(Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each) (Type or print) (4 copies unless otherwise specified) (Type or print) (Type or print) (Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

(Must be fully completed by offeror) (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

NY

10468-3904 Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/

Scope of work

Description of Work:

The general contractor (GC) shall follow Architect/Engineer 100% Issue for Construction (IFC) documents to construct and build a new type of chiller and Air-Handling Unit (AHU) to be installed for the Upgrade Station Chilled Water P&ID 6 East project. located at the Main building for the Veterans Affairs Medical Center, 800 Poly Place, Brooklyn, NY 11209. This work shall include all necessary labor, materials, equipment, and supervision but not limited to:

The project involves the installation of a new dedicated air-cooled chiller system to serve the existing AC-1 unit on the 8th floor, supporting the newly renovated oncology pharmacy, and the new AHU-1 on the 6th floor, which will serve the IV prep room while maintaining RH 50% and meeting the required ventilation codes. The air-cooled chiller will be housed in the mechanical room located in spaces 7-222 and 7-223 on the 7th floor. After extensive site investigations, it was determined that no suitable outdoor space was available for the chiller, which led to the decision to install the unit indoors.

The conversion of existing office spaces into a new mechanical room will involve modifications to the building envelope to accommodate the new chiller and related systems. This will include the installation of two 14,000 CFM louvers—one for makeup air and the other for the discharge of air from the compressor fans. These louvers will be positioned in close proximity, with the intake louver placed at a lower elevation and the discharge louver at a higher elevation to optimize airflow and prevent air recirculation in the mechanical room. Temporary construction barriers will be set up to isolate the construction area from the occupied hospital spaces, ensuring that no dust or debris will affect the hospital’s operational areas.

Reinforcement of the existing floor structure will be necessary to accommodate the new mechanical equipment, ensuring that the floor can support the increased load from the chiller and associated systems. Structural support will also be provided for the installation of the new mechanical systems, and all work will comply with seismic requirements to ensure the equipment is securely anchored.

To support the new chiller and AHU systems, the mechanical work will include the installation of two pumps—one primary and one secondary pump. These pumps will be used in conjunction with the chiller to ensure proper operation. A refrigerant detection system and purge fan will also be incorporated to address potential refrigerant leaks, following the specified sequence of operations. The air handling units on the 6th and 8th floors will be modified to be compatible with the new chiller, maintaining the required temperatures and humidity levels.

The electrical work will involve ensuring that the new chiller and associated mechanical systems are powered by the existing life safety and emergency power panels. If necessary, new panels will be provided to ensure continuous operation of the new systems. The electrical design will also include the installation of new lighting and fire alarm systems in the mechanical room, integrated with the existing building’s systems to meet current safety standards.

Plumbing work will include the installation of a backflow preventer and water make-up supply to support the HVAC system, along with a new floor drain to manage any wastewater or runoff from the chiller and AHU equipment. The existing sanitary waste systems will be modified to accommodate the new mechanical room, and new sprinkler heads will be installed in the mechanical room as part of the fire protection system.

Infection control will be a priority throughout the construction process. Temporary one (1) hour fire-rated or 15 minutes fire-rated plastic barriers will be set up around the work area to prevent dust and debris from spreading to other areas of the hospital. HEPAfiltered negative air machines will be used to maintain negative pressure in the construction zone, ensuring that airborne contaminants are contained. Workers entering the construction zone will be required to pass through an anteroom equipped with HEPA vacuums or wear disposable coveralls that are changed upon exiting. All construction waste will be carefully sealed and removed in accordance with infection control procedures to ensure the cleanliness of the hospital environment.

This project will ensure the installation of the new HVAC system is completed efficiently and safely, while maintaining the highest standards of safety, cleanliness, and infection control for the hospital’s staff and patients.

For construction details, please refer to ATTACHMENT “100% Construction Documents - NARRATIVE” and “100% Issue for Construction (IFC)” as reference.

Project Management Platform Requirement

A. Construction contractors and A/E design firms, 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 Productivity NOW 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)

4. Upon granting access, staff shall complete required ACC training through Productivity NOW platform within 12 Calendar days.

5. Upon successful completion of training, contractor shall submit certificates of completion to COR NLT 2 business days.

C. Access to Productivity NOW eLearning will expire after 12 Calendar days after online access is granted. Contractor shall complete ACC training within that period.

D. Additional Staff and Subcontractors can be added at any time with a request submission to the project COR as described above.

E. The contractor shall only use the ACC platform for contract required submissions, official project correspondence to be acknowledged, reviewed, and actioned by the responsible party. No additional time shall be added to the contract, nor an increase in contract amount be provided for the contractor’s failure to utilize the ACC platform as the project’s official communication and collaboration system. Any correspondence out of platform shall not be the governing authority contradicting direction and will be at the contractor’s expense. Official project correspondence and collaboration includes but not limited to: RFIs, submittals, schedules, shutdown requests, actionable tasks, reports, testing, safety inspections, photos, and site surveys.

F. Contractor must inform the COR of any staff changes NLT 2 business days from the change. Staff changes pertain to staff who was granted access to the ACC platform. Contractor shall request termination of access, replacement of personnel and/or any other action that might impact the contractor ability to maintain required utilization of the platform.

Contractor submission requirements cannot be accepted for work to begin without meeting all ACC Platform requirements outlined herein, including completing required ACC platform training.

General Requirement:

The Contractor shall take all necessary precautions and safety measure to protect all patients and end users from all related activities.

The Contractor shall test and verify all work to ensure proper operation.

The Contractor must have OSHA training, and specialized OSHA training.

In the performance of all work, the workers must be incompliance with safety regulations governing worker safety (OSHA: 29 CFR 1926 Safety and Health Regulations for Construction; NFPA, Life Safety Codes, etc.).

All work shall be done in accordance with NFPA, Life Safety, VA Standards and Regulations, VA Policy and requirements, OSHA regulations, and manufacturer specification.

The Contractor shall guarantee that all work performed will be free from all defects in workmanship and materials and that all installation and repair will provide the capacities and characteristics specified. The contractor shall guarantee that if, during a period of construction from the date of the certificate of completion and acceptance of the work, any such defects shall be repaired by the contractor at his own cost.

It is the responsibility of the contractor to verify all quantities, field conditions and measurements prior to starting work. The contractor shall notify the CO/COR and VA Engineering Team of any differing site conditions prior to starting

All contractor employees and subcontractors participating under this contract are required to complete the VA's Privacy training requirement - “VA Privacy Training for Personnel without Access to VA Computer Systems or Direct Access to or the Use of VA Sensitive Information” Contractors must provide certifications of completion to the COR during each year of the contract. Training expires 365 days after the training is taken. This requirement is in addition to any other training that may be required of the contractor and subcontractor(s). The COR for the contract is responsible for ensuring the contractor takes the training and to follow up with the annual requirements.

Completion time: Three Hundred sixty-five (365) Calendar Days

Justification:

The hospital chiller plant has been undergoing with its limitation & deficiency in providing seasonal supply to the entire facility. Equipment is incapable of providing year-round service and it doesn’t meet the new requirements of installation. A dedicated station chilled water system is absolutely, necessary and required to provide year-round service to support both newly installed Air Handling Units for Oncology pharmacy of 8th floor & In-patient Pharmacy of 6th floor.

Project Number: 630A4-22-413 Project Title: Upgrade Station Chilled Water P&ID 6 East Project Number: 630A4-22-413 Project Title: Upgrade Station Chilled Water P&ID 6 East Project Number: 630A4-22-413 Project Title: Upgrade Station Chilled Water P&ID 6 East

Table of Contents

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

GENERAL INTENTION

Contractor shall provide the labor and materials to include but not limited to the provided drawings and specifications for the Upgrade Station Chilled Water P&ID 6 East project located at the Brooklyn VA Medical Center. The period of performance is 365 calendar days from receipt of Notice to Proceed (NTP).

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 Monday, December 15, 2025, at 11:00 AM (EST). Participants will meet at Brooklyn Engineering Building (BLDG 4), Conference Room for sign-in process before moving on to the Job site and will sign in at the front desk to receive a visitor’s badge. Please bring a government issued photo ID.

Parking will be in designated lots only. Parking in other designated spaces is not allowed. Street parking is metered by the City of Brooklyn. Allow ample time to find parking.

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

REQUESTS FOR INFORMATION (RFI)

To obtain clarifications and/or additional information concerning the contract requirements or specifications, submit a written RFI via email to samanth.chavanga@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 Monday, December 22, 2025, at 2:00 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.

DELIVERY OF BIDS

1. In accordance with FAR 14.202-8, the government is authorizing electronic bids on this solicitation. ALL bids shall be emailed to Samantha Chavanga, Contract Specialist, at samantha.chavanga@va.gov and timestamped by 9:30 AM (EST) prior to the bid opening time. The bids shall include copies of a bid bond. The bid opening shall take place on Tuesday, January 13, 2026, at 10:00am (EST). No hand-carried or mailed bids will be accepted.

2. The bid opening will take place via Microsoft Teams conference call. To access the conference, please access:

Meeting ID: 282 242 751 653 9 Passcode: 59uu3Cv9 Dial in by phone +1 332-249-0600,,437870538# United States, New York City Find a local number Phone conference ID: 437 870 538#

Bids received after 9:30AM (EST) will be rejected.

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

Failure to provide a definitive price will result in a non-responsive bid.

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

BASIS FOR AWARD

The 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 a negative Determination of Responsibility may make the bidder/offeror ineligible for the award.

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

CONSTRUCTION MANAGEMENT PLATFORM REQUIREMENTS:

1. Construction contractors and A/E design firms, 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.

1. The 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.

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

1. 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)

1. Upon granting access, staff shall complete the required ACC training through ProductivityNOW platform within 12 Calendar days.

1. Upon successful completion of the training, the contractor shall submit certificates of completion to COR NLT 2 business days. \

1. Access to ProductivityNOW eLearning will expire after 12 Calendar days after online access is granted. The contractor shall complete ACC training within that period.

1. Additional Staff and Subcontractors can be added at any time with a request submission to the project COR as described above.

1. The contractor shall only use the ACC platform for contract required submissions, official project correspondence to be acknowledged, reviewed, and actioned by the responsible party. No additional time shall be added to the contract, nor an increase in contract amount be provided for the contractor’s failure to utilize the ACC platform as the project’s official communication and collaboration system. Any correspondence out of platform shall not be the governing authority contradicting direction and will be at the contractor’s expense. Official project correspondence and collaboration includes but not limited to: RFIs, submittals, schedules, shutdown requests, actionable tasks, reports, testing, safety inspections, photos, and site surveys.

1. The contractor must inform the COR of any staff changes NLT 2 business days from the change. Staff changes pertain to staff who were granted access to the ACC platform. The contractor shall request termination of access, replacement of personnel and/or any other action that might impact on the contractor ability to maintain required utilization of the platform.

1. Contractor submission requirements cannot be accepted for work to begin without meeting all ACC Platform requirements outlined herein, including completing required ACC platform training.

FAR DEVIATION FEB 2025 Instructions:

“System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.”

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

1.1 BID PRICING SHEET

IFB No.: 36C24226B0010 Project No.: 630A4-22-413

Bids providing less that 120 Calendar Days of Government Acceptance after the date bids are due will not be considered and will be rejected.

The bidder agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this bid is accepted by the Government in writing within 120 calendar days after the date bidders are due.

BASE BID

A. ITEM I, GENERAL CONSTRUCTION: BASE BID: Work includes abatement, demolition, general construction, alterations, equipment, structural, mechanical, plumbing, fire protection, electrical and fire alarm work. See required work under contract drawings and specifications.

The Contract period of performance for Base Bid construction shall be 365 calendar days from Notice to Proceed (NTP).

Base Bid $ ___________________________

Special Notes regarding FAR 52.229-3: Federal, State and Local Taxes:

Offerors are hereby notified that under New York Consolidated Laws, Chapter 60 - Tax, Article 28 - Sales and Compensating Use Taxes, Part 3 – 1116 (2), the United States of America, any of its agencies and instrumentalities, is immune from taxation when it is the purchaser, user, or consumer, or when it sells services or property of a kind not ordinarily sold by private persons.

Pursuant to Chapter 60, Article 28, Part 3-1115(17), a contractor’s purchase of such building and construction materials within New York to be incorporated into the real property belonging to the U.S. Department of Veterans Affairs (VA) is subject to the exemption from the New York State sales and compensating use taxes. To take advantage of the tax exemption the successful offeror under this solicitation must complete ST-120.1 “Contractor Exempt Purchase Certificate” when it purchases construction materials for this contract and keep on file as required by the state of New York tax laws.

Notwithstanding FAR 52.229-3, all bids received in response to this solicitation are presumed to reflect this tax exemption and therefore should not include New York’s state sales and compensating use taxes on sales of materials for incorporation into VA real estate under this contract.

Offers shall provide a complete package to include the completed bid sheet along with the following to be determined responsive, responsible, and considered for award:

o Bid Bond and associated documents on correct forms;

o Acknowledgement of all amendments;

o Completed 52.225-2 Buy America Certificate o Completed 852.219-75 VA Notice of Limitations in Subcontractors Compliance Certificate o Verified/visible/certified on the Dynamic Small Business Search (DSBS) SBA - Dynamic Small Business Search o Proof of compliance with VETS 4212 Federal Contractor Reporting.

o Safety or Environmental Violation and Experience Modification Rate (EMR) (See further information on the next page)

Safety or Environmental Violations and Experience Modification Rate:

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.

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.

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.

RESPONSIBILITY REQUIREMENTS

A Determination of Responsibility will 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 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 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)

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

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

(c) Evaluation of offers.

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

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.4 52.228-1 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)

2.5 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:

Les Griffith via email lester.griffith@va.gov Hand-Carried Address:

Department of Veterans Affairs James J. Peters VA Medical Center Network Acquisition & Logistics(10N3NAL) 130 West Kingsbridge Road Bronx NY 10468-3904 Mailing Address:

Department of Veterans Affairs James J. Peters VA Medical Center Network Contracting Office 3 (10N3NCO) 130 West Kingsbridge Road Bronx NY 10468-3904

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

(End of Provision)

2.7 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (DEVIATION)

(a) Definitions. As used in this provision— Backhaul, covered article, covered telecommunications equipment or services, critical technology, FASCSA order, Intelligence community, interconnection arrangements, national security system, roaming, sensitive compartmented information, sensitive compartmented information system, source, and substantial or essential component have the meanings provided in the clause 52.240-91, Security Prohibitions and Exclusions.

Business operations means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

Marginalized populations of Sudan means—

(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and

(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted under specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

(b) Procedures.

(1) Covered telecommunications and video surveillance. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(2) FASCSA Orders.

(i) The Offeror shall search in SAM for the phrase “FASCSA order” for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (e) of FAR 52.240-91, Security Prohibitions and Exclusions.

(ii) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM but are effective and apply to the solicitation and resultant contract (see FAR 40.204-1(c)(2)).

(iii) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(c) Covered telecommunications equipment or services representations. By submission of its offer, the Offeror represents that, after conducting a reasonable inquiry (that looks at any information in the Offeror’s possession but does not need to include an internal or third-party audit)—

(1) It will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation, except as waived by the solicitation, or as disclosed in paragraph (g); and

(2) It does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services, except as waived by the solicitation, or as disclosed in paragraph (g).

(d) FASCSA Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (g). A reasonable inquiry will look at any information in the offeror’s possession but does not need to include an internal or third-party audit.

(e) Sudan certification. By submission of its offer, the offeror certifies, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), that the offeror does not conduct any restricted business operations in Sudan.

(f) Iran Representation and Certifications.

(1) Except as provided in paragraph (f)(2) of this provision or if a waiver has been granted in accordance with FAR 40.203-3, the offeror, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), by submission of its offer—

(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;

(ii) Certifies that the offeror, or any person (as defined at section 15 of the Iran Sanctions Act of 1996, Pub. L. 104-172, 50 U.S.C. 1701 note) owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran’s ability to acquire or develop certain weapons or technologies; and

(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $15,000 with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx)

(2) Exception for trade agreements. The representation and certification requirements of paragraph (f)(1) of this provision do not apply if—

(i) This solicitation includes a trade agreements notice or certification (e.g., 52.225-6, Trade Agreements Certificate); and

(ii) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.

(iii) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

(g) Disclosure.

(1) If the Offeror is not able to represent compliance with the prohibitions in paragraphs (c) or (d), then the Offeror shall…