36C24822R0125_2.docx

SUBJECT*

(PROJ: 546-21-102) B/B Correct NEC Deficiencies & Infrastructure at Building 44

GENERAL INFORMATION

Network Contracting Office 8 (NCO 8) Miami VA Healthcare System 1201 NW 16th Street Miami FL 33125

POINT OF CONTACT*

Contracting Officer Duwane B. Snyder Duwane.Snyder@va.gov 305-339-0404

PLACE OF PERFORMANCE

Miam VA Healthcare System

Bruce W. Carter Medical Center

1201 NW 16th Street

Miami FL

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

Modification to a Previous Notice Modification to a Previous Notice Please see below.

Modification to a Previous Notice

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.

36C24822R0125 X -2022 546-21-102 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) Miami VA Healthcare System 1201 NW 16th Street Miami FL 33125 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) Miami VA Healthcare System 1201 N.W 16th Street Miami FL 33125 Duwane B. Snyder 3053390404 Project Title: Correct NEC Deficiencies in BLDG. 44.

Project Number: 546-21-102 Project Magnitude : IAW FAR 36.204 and VAAR 836.204 between $1,000,000.00 and $2,000,000.00.

This solicitation will be evaluated in accordance with FAR 15.101-1 - Trade-Off Process.

This acquisition is a 100% Total Set-Aside for Service-Disabled Veteran Owned Small Business (SDVOSB). Those companies submitting a proposal will be verified for SDVOSB status at https://www.vetbiz.va.gov.

Miami VA Medical Center is a smoke free facility. Contractors, to enter the Medical Center you must have a picture ID. All contractors are required to wear a face mask in accordance with CDC Guidelines. Prior to entering the medical center all contractors will be screened in accordance with CDC Guideline. The VA will NOT provide any PPE.

Funds are not currently available for this procurement. No contract award will be made until appropriated funds are made available.

AT THE TIME OF PROPOSAL SUBMISSION, and at the time of award, interested contractors MUST be actively registered in the following databases: System for Award Management – https://www.sam.gov; VetBiz: https://www.vetbiz.govfollowing database

X 52.211-10 X 1 Email

1:00 PM

EDT

08- 1-2022 X Page 1 of

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

36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) Miami VA Healthcare System 1201 NW 16th Street Miami FL 33125 Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971 Duwane B. Snyder

VA-VHA-RPOE-2022-249454

Page 1 of Table of Contents

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Construct, furnish and install all items as per the SOW and the supplied 100% design and specifications to correct NEC Deficiencies in BLDG. 44.

NAICS CODE: 238220 - Commercial and Institutional Building Construction PRODUCT/SERVICE CODE: Z2AA - Repair or Alteration of Office Building.

Page 1 of Page 1 of

A.3 STATEMENT OF WORK

Correct NEC Deficiencies at Building 44 VA Project Number: 546-21-102

Construction Completion by 360 calendar days after NTP

-- Services --

Provide:

1. Professional construction services to include but not limited to:

a. Furnish and install all items as per this SOW and the supplied 100% design documents and specifications to Correct NEC deficiencies at Building 44 located on the at Miami VA Medical Center (MVAMC.)

-- Documentation and Acronyms --

Applicable Codes and Standards:

2. The following laws, regulations, policies, and procedures in effect on date of contract issuance and all subsequent changes or updates apply:

a. VA Design Guide http://www.cfm.va.gov/til/

b. International Plumbing Code

c. Florida Plumbing Code

d. International Mechanical Code – 2012 Edition

e. International Energy Efficiency Code – 2012 Edition Service Contract Act (SCA) Directory of Occupations (Fifth Edition) https://www.dol.gov/whd/contracts/sca.htm

f. Federal Acquisition Regulation

g. Veterans Administration Acquisition Regulation

h. VA Directive 0058- VA Green Purchasing Program

i. VA Directive 0057- VA Environmental Management Program

j. Master Construction Specification: https://www.cfm.va.gov/til/ncaSpec.asp

k. American National Standards Institute (ANSI)

l. Provisions of Construction and Safety Signs stated in the General Requirements Section of the Specifications

Acronyms:

3. Glossary: Acronyms used in this SOW are listed below for easy reference:

-- Project Scope --

GENERAL:

4. Miami VAMC intends to issue a firm fixed price construction contract. The project consists of:

a. The Contractor shall provide all labor, transportation, materials, equipment, and supervision required to address the corrections of the NEC deficiencies including but not limited to material abatement, demolition, wall assemblies, metals, wood plastics and composites, thermal and moisture protection, opening, finishes, specialties, equipment, fire protection, plumbing, HVAC, and electrical.

b. The Contractor shall prepare for building operations, including demolition, removal and disposition of existing infrastructure in accordance VA Directives.

c. The project encompasses an area of approximately 36,000 square feet primarily located in the MVAMC, Utility Building 44.

SPECIFICS:

5. The Contractor shall coordinate all work with the project COR assigned by the CO.

6. The Contractor shall provide a project schedule to the COR after issuance of NTP and before commencement of work.

7. The COR will provide MVAMC permits necessary to complete the project.

8. The complete renovation of the NEC deficiencies in the area shown on the Construction set of drawings, including Construction Specifications.

a. The construction effort shall be in coordination with the facility Police Services, as the work includes shutting down security devices and cameras.

b. Temporary signage and egress routes shall be indicated by the Contractor prior to construction.

9. Telephone and data outlets shall be included as part of the Contractor price and shall meet VA specifications.

10. Security devices (card readers and cameras) must be included in total project cost by Contractor.

11. The contractor shall conduct a fire watch for affected area and indicate any emergency egress changes during each specific phase under construction. The Contractor shall coordinate the necessary fire watch activities with the MVAMC facility Police Services.

12. The Contractor shall consider all Life Safety concerns in the construction and establishing construction barriers.

13. The VA shall be notified of any work performed inside the hospital a minimum of two (2) weeks prior to work proceeding.

14. Any conflict between the Specifications and drawings, the Specifications shall prevail. Any conflict between Specifications and Design Guidelines Specifications will prevail.

15. The Contractor shall note any incidental patching and repairs shall be noted on the specific trade’s construction drawings.

16. For any core drilling through existing concrete slabs or walls, Ground Penetrating Radar (GPR) scanning is required to locate and mark existing concrete reinforcing so to cause no damages to any existing reinforcement while drilling. The Contractor shall not drill through beams or columns or other primary structural members.

a. Any drilling or impact devices that cause unacceptable noise in the hospital patient/occupant areas shall be conducted only during off duty hours as accepted by the project COR.

17. The contractor shall provide signed and sealed structural drawings of any structural work required for this contract (core drilling and slab penetrations)

18. The contractor shall be responsible for programming of any control devices required under this contract.

19. Room signage shall be included as part of the Contractor cost and shall meet VA specifications.

OTHER SPECIFICS:

20. The Contractor shall use environmentally friendly products whenever possible but shall be in compliance with standard specifications.

21. The Contractor shall ensure all products/equipment used for this project are stored, handled, applied, and disposed of following the manufacturers’ instructions.

22. The Contractor shall only use products suitable for the job conditions. Manufacturer’s instructions and recommendations shall be followed for all products used.

23. The Contractor shall adhere to VA safety and infection control measures while performing work at the facility.

24. The Contractor shall be responsible to maintain and upkeep their staging area which will be provided by MVAMC.

25. The Contractor shall provide their own dumpster and dispose of all removed project related items, and debris created from the construction and demolition during every aspect of this project.

26. The Contractor shall submit before and after pictures of the work area upon completion.

27. The Contractor shall ensure value engineering is included in this project to maintain approved budget.

28. The Contractor shall provide all materials required to remove and replace finishes in accordance with Specifications.

29. All work will be inspected daily, during installation and at the completion of the project by the COR.

30. The Contractor shall ensure asbestos remediation is performed as required and in accordance with VA standards prior to working on the project site.

-- Site Investigation --

Existing Conditions:

31. The Contractor shall visit the project site as necessary to survey existing conditions. During the site visits contractors may request additional information in the development of proposals, site, built drawings, technical information and space inspection. Site visit requests shall be made by appointment only and must be approved by the CO.

-- Environmental/Occupational Safety and health (EOSH) --

32. Regulatory Compliance- EOSH requirements for work performed at the above location can be found in:

a. Volume 29 of the Code of Federal Regulations, Part 1910- Occupational Safety for General industry.

b. Volume 29 of the Code of Federal Regulations, Part 1926- Occupational Safety for the Construction Industry.

c. Volume 40 of Code of Federal Regulations, Protecting of the Environment.

d. Volume 49 of the Code of Federal Regulations, Part 397- Transportation of Hazardous Materials.

33. The VA Master Construction Specification contains work procedures and material requirements designed to meet regulatory compliance requirements. Whenever possible, the Master Construction Specification must be used as the basis during the construction phase of this project.

34. Infection Control - The construction shall remain contained within the stairwells and crawl spaces within Building one (1).

a. A temporary partition shall be provided at the top of the landing leading to the next floor. This will allow use of the stairwells at levels in which construction activities are not occurring.

b. A dust mat shall be provided by the contractor outside of the stairwell to ensure dust is not carried throughout the hospital.

35. The Contractor shall establish mechanical ventilation and negative pressure.

a. Ventilation at minimum shall have a supply fan and an exhaust fan on opposite side of the crawl space area in accordance with OSHA compliance.

b. A sheet metal sleeve shall be fabricated for duct where fire protection line is running through it. Detail has been added to the documents for minimum sleeve construction requirements. The duct of concern was viewed and determined to be under negative pressure; therefore, it is a return or exhaust main.

-- Scheduling/Work Hours --

Hours:

36. All work in area involved shall be scheduled with the COR. Work shall be scheduled for proper execution to complete this contract.

37. Normal working hours are from 7:00AM – 4:00PM Monday through Friday.

38. To minimize the impact to patient care, a majority of the work may have to be completed outside of the normal working hours (nights and weekends.) The Contractor shall coordinate these working hours with the COR. No work shall be performed during U.S. Federal Holidays.

-- Contractor Personnel / Management --

Contractor Personnel:

39. The Contractor shall be a Certified General Contractor. General Contractor License and Insurance shall be submitted with Proposal.

40. The Contractor shall be responsible for employing qualified personnel to perform the work specified in this SOW.

41. The Contractor shall provide a list of all personnel who will participate on the project upon request of the CO. Personnel may be subjected to a background check by VA Police Services prior to working on the project site.

42. The Government reserves the right to review Contractor personnel qualifications. Upon request, resume shall be provided to the CO prior to clearance approval, for review and acceptance by the COR. The intent is verification purpose and not for the Government to become the hiring authority.

43. The Contractor shall ensure that all subcontractor(s) and employee(s) have proper documentation and authorized to work in the United States of America. The Contractor shall maintain the personnel, organization and administrative control necessary to ensure that the work delivered meets the contract specifications and requirements.

44. VA Police will issue identification badges to the Contractor(s), employees and subcontractor(s). The badges must be worn at all times while on VA property.

45. The Contractor shall ensure that all subcontractor(s) or employee(s) wear the provided security badge while performing services under this contract. The badge will contain a personal picture, name of employee, and Contractor's name. Badges shall be worn on the outer garment attached to the outer shirt or jacket pocket by a button or clip or worn around the neck secured by an appropriate identification card lanyard.

46. Government issued identification badge remains the property of the Government and shall be returned to the issuing office or COR upon transfer of Contractor employees from the contract.

47. The contractor shall ensure that employee or subcontractor have valid driver license when driving a vehicle on property.

Management:

48. The Contractor shall have completed the OSHA Certified 10 / 30 Hours Construction Safety Course. Documented proof shall be submitted to the COR.

49. Contractor shall provide a supervisor who speaks English on site at all times.

50. The contractor shall designate a “competent person” in accordance with 29 CFR 1926. 32(f) which states, “One who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous or dangerous to employees and who has authorization to take prompt corrective measures to eliminate them”. The contractor shall instruct each of his employees in the recognition and avoidance of unsafe conditions and the regulations applicable to this work environment to control or eliminate any hazards or other exposure to illness or injury.

51. All information generated in performance of this contract becomes property of the Government and must be surrendered upon request and/or completion of the contract. The Contractor shall protect against the destruction and/or misplacement of all information produced under this contract, unless directed under local policy to destroy. This includes both hard and/or electronic copies of data.

52. The Contractor shall not release any information (including photographs, files, public announcements, statements, denials, or confirmations) on any part of the subject matter of this contract or any phase of any program hereunder without the prior written approval of the COR.

53. Contractor personnel or subcontractor shall conduct themselves in a professional manner (i.e., timeliness, communication; spoken and written etc.). The Contracting Officer may require the Contractor to remove from the job site any employee working under this contract for reasons of suspected misconduct, a suspected security breach, or suspected to be under the influence of alcohol, drugs, or any other mood-altering substances. Contractor employees shall be subject to dismissal from the premises upon determination by the Contracting Officer that such action is necessary in the interests of the Government. The hospital director or designated representative has the authority to bar individuals from the Government facility. The removal from the job site or dismissal from the premises shall not relieve the Contractor of the requirement to provide sufficient personnel to perform the services as required by this performance work statement. The Government shall not reimburse the Contractor for travel and other expenses associated with the removal of personnel.

54. Contractor employees performing services under this contract shall be controlled, directed, and supervised at all times by management personnel of the contractor. Contractor management will ensure that employees properly comply with the performance work standards outlined in the SOW. Contractor employees will perform their duties independent of, and without the supervision of, any Government official. The tasks, duties, and responsibilities set forth in the contract may not be interpreted or implemented in any manner that results in any contractor employee creating or modifying Federal policy, obligating the appropriated funds of the United States Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee, or otherwise violating the prohibitions set forth in FAR Subpart 7.5 of the Federal Acquisition Regulation (FAR). The Government will control access to the facility and will perform the inspection and acceptance of the completed work.

55. Contractor personnel are not authorized to carry or possess personal weapons to include, but not limited to, firearms and knives with a blade length in excess of three inches, while assigned under this contract.

56. The Contractor shall submit a daily log, sign-in sheet, pictures, work performed each time services is rendered.

57. The Contractor shall submit a report for each shipment of construction debris, the weight by type, shipment date, destination, and whether the debris is to be recycled/reclaimed or disposed to the COR.

-- Safety / Security Requirements / Shutdowns --

Regulations:

58. The Contractor shall comply with all applicable federal, state and local laws and ensure performance is secure while protecting material, equipment, and supplies from damage and loss.

59. The Contractor shall ensure that employees or subcontractor have the proper PPE for the job. Government security personnel shall have the express right to inspect for security violations at any time during the term of the contract.

60. Appropriate safety equipment shall be furnished by the Contractor to contractor personnel or subcontractor and shall be used as prescribed by OSHA Standards.

61. The Contractor shall develop a plan detailing a project specific Fire-Safety measure.

62. All work performed under this contract will be in accordance with Safety and Health During Construction Activities Policy 138-80-16. Provide a written certified statement indicating that the construction project meets the life safety code requirements. For those maintenance and repair projects where the life / safety code requirements are not applicable, a written statement shall also be provided accordingly.

63. Provide all necessary barricades / signage where required. Maintain site and building access free and unobstructed to facility emergency services.

64. Secure area before commencement of work in accordance with MVAMC Infection Control and Construction Policy requirements.

65. Isolate the area to prevent the spread of debris into adjacent space and maintain the area negatively pressurized when required.

66. Temporary cooling/heating and electrical installations must comply with OSHA1926, NFPA241 and NFPA70.

67. Flammable and combustible liquids must be stored, disposed and used in accordance with OSHA1926, NFPA241 and NFPA30.

68. Hot Work must be performed in accordance with NFPA241 and NFPA51B.

69. In accordance with OSHA 29CFR 1926.350(b)(4). Cylinders, containing oxygen or acetylene or other fuel gas shall not be taken into confined spaces.

70. The Contractor shall ensure construction permits are visible and updated as required by MVAMC Safety and Infection Control Office.

71. Smoking is prohibited in and adjacent to the project site.

Shutdowns:

72. Shutdowns shall be considered as an activity in the contractor schedule.

73. All shutdown involving temporary impairment of utilities shall be requested in writing to MVAMC COR three (3) weeks in advance.

74. Types of service interruptions that shall require advanced notice:

a. Electrical Systems shutdown including normal or emergency power.

b. Fire Suppression System / Sprinkler shutdown lasting over four (4) hours requires notification and concurrence from MVAMC Police Services and Fire Protection Inspector.

c. Parking.

d. Cranes – The Contractor shall submit the crane maintenance logs, the crane operator’s license, the drawings that show its operational and exclusion zone. All crane documents shall be revised and approved by MVAMC Fire Protection Inspector prior to scheduling the work.

-- Damages/Liability --

75. The Contractor shall be held liable for all damages caused to Government equipment, property; utilities, etc., located at the site (e.g., sprinkler heads, ceiling tiles, manholes, fire hydrants, vehicles, windows, etc.) caused by the Contractor, its employees or subcontractors.

76. The Contractor shall immediately report all damages to the COR and shall provide the Contracting Officer (CO) and COR, a written report, within twenty-four (24) hrs. The report shall include the following information:

· What occurred, who was involved,

· When it occurred (Time/Date),

· Where did it occurred,

· Why it occurred,

· How it occurred, and

· The proposed means to repair or replace.

77. Final performance test will include, but not limited to:

a. Drain test of newly installed piping;

b. Pressure test for leaks.

78. The Contractor shall provide a warranty for all Labor and Materials for one (1) year.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

(End of Provision)

2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of Provision)

2.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the—

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is

(End of Provision)

2.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)

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

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

(c) Evaluation of offers.

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

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.5 52.228-1 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.., 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:

Duwane B. Snyder Contracting Officer Email to Duwane.Snyder@va.gov

(End of Provision)

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— July 8, 2023, at 11:00 AM

(c) Participants will meet at— MVAMC VA Medical Center, West Patio, 1201 NW 16th Street, Miami, FL 33125 (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 852.233-71 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)

2.11 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)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2022) (JUL 2020) (DEVIATION) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $39.5 Million.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition—

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

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

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

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204–7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services—Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi)…