36C25523R0115 0002.docx

5. PROJECT NUMBER (if applicable)

CODE

7.

ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER

3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF

PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO.

1. CONTRACT ID CODE

FACILITY CODE

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Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE

OF YOUR

ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office.

is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERE

D CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES

SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendmen t, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED

STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER

16A. NAME AND TITLE OF

CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30

PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243 (Type or print) (Type or print) (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code) (If other than Item 6) (Specify type of modification and authority) (such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF

SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer) 589-22-420 36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth KS 66048 36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth KS 66048 To all Offerors/Bidders

36C25523R0115 07-19-2023

X X X

Amendment 0002 to Solicitation 36C25523R0115 does the following:

1. Closed the Question and Answer period on August 02, 2023.

2. Provides a list of Questions and Answers for this solicitation starting on page 2.

3. Revises Door Hardware for four (

4) Entry Doors to ISOLATION PATIENT BEDROOMs; M4-351, M4-352, M4-355, M4-356.

See attached revised Specification Sections 08 71 00 Door Hardware, 08 42 43 Intermediate, Intensive Critical Care Unit Entrances and Drawing A-601 for details. Note that the three (3) attachments replace the original issued versions of each named document.

4, Replaces Specification Section 08 80 00 Glazing in response to Question Number 9. See Attachments.

5. Adds VAAR Clau se 852.219-73 and 852.219-75 in full text, starting on page 9, to solicitation.

6. All other Terms and Conditions of this solicitation remain unchanged.

David Sterrett Contracting Officer

CONTINUATION PAGE

VA Project # 589-22-420 Renovate 4E for Progressive Care Unit 4801 Linwood Blvd., Kansas City, MO. 64128

AMENDMENT 0002

08/08/2023 List of Questions and Answers

1. QUESTION: Please confirm restricted hours when noisy / high vibration operations can take place ANSWER: For work performed on the 4th Floor, noisy, high vibration, and disruptive operations should be scheduled between the hours of 4:00 PM to 11:00 PM

2. QUESTION: Please define extent of 3-M Privacy Film on exterior windows. Is this only at the Patient Toilet rooms?

ANSWER: Yes

3. QUESTION: Will existing windows need to be removed and replaced at new HVAC louver in these locations?

ANSWER: No. The assumption is that because of the existing window design, the top glass can be removed and replaced by the HVAC louver without removing / replacing the whole window.

4. QUESTION: Current floor finish plan shows flooring under millwork cabinets. Is it your intent to install flooring in these locations?

ANSWER: Flooring shall be installed under all millwork cabinets and equipment as shown on the floor finish plan.

5. QUESTION: Fire and smoke barrier ratings shown on the life safety plan are not consistent with partition and door ratings. Please advise regarding which plan takes precedence.

ANSWER: Follow the life safety plan ratings on page G-104

6. QUESTION: Specification calls for hydraulic calculations but does not give pressure or flow criteria. Please provide flow and pressure data to use as a basis of design for sprinklers or provide further direction regarding contractor's responsibility for calculations.

ANSWER: See below fire pump data to be used when preparing hydraulic calculations

7. QUESTION: Will we be requiring a mock-up of ceramic tile patterns / finishes? If so, please specify requirements (mock-ups are currently not in the specifications for this).

ANSWER: Yes. Provide mock-ups as required by the VA.

8. QUESTION: Will the VA require contractors to provide attic stock of any materials needed for repairs or future modifications?

ANSWER: No. Attic stock is not required unless specifically indicated in the plans and specifications.

9. QUESTION: Section 08 80 00 Glazing tags do not seem to match glass types indicated on the door schedule. Please clarify.

ANSWER: Glass types have been updated in attached updated specification section 08 80 00

10. QUESTION: Note 7/M-204 indicates replacement of the chiller riser piping from the basement chiller all the way up to the 4th floor. During the walk-thru several individuals pointed out that part of this riser has already been replaced. Please indicate how much riser and horizontal piping needs to be replaced and where the connection points will be.

ANSWER: Revise connection point of new chiller riser piping to just below the middle landing of the stairs between the 2nd & 3rd floor. HVAC contractor will be responsible to enlarge floor cores and provide new valves and fittings to match the current riser.

11. QUESTION: Please indicate allowable durations and time of year for chilled water riser shut-downs and replacement. Also indicate if temporary chilled water systems will be needed during shut-down.

ANSWER: Work can be performed while chilled water systems are shut down during the months of January and February. Temporary chilled water systems will not be needed at any time during these months.

12. QUESTION: Please indicate allowable durations and time of year for heating hot water system shut-downs for pump/piping replacement.

ANSWER: Work can be performed while heating hot water systems are shut down during the months of June through August.

13. QUESTION: Please indicate allowable durations and time of year for steam system shut-downs ANSWER: Work can be performed while steam systems are shut down during the months of June through August.

14. QUESTION: Regarding the BIM coordination, please confirm that the DOR is going to provide the BIM model to the contractor, and that the model is for the contractor’s use for clash detection and layout.

ANSWER:

· Per the "SCOPE OF WORK AND DIVISION OF RESPONSIBILITIES" PART 2.0, paragraph 4)-a)-i, the General Trades contractor is required to provide coordination plans. The General Trades Contractor will prepare these plans using a BIM model. VA will supply a 2021 REVIT Model (RVT) utilized for creation of the contract bid-set drawings at no cost. General Trades Contractor shall update this model to include material fabrication, field verification, and any other information required to coordinate the work of all trades. Any conflicts with the original design model shall be identified prior to fabrication and construction and shall be promptly reported the Design Team in the form of a Request for Information (RFI). Clash detection reports will also be issued by the General Trades Contractor as supplemental information for RFI’s and submittals.

· In addition, a Project BIM Standards Orientation Kickoff Meeting will be scheduled to review all VA requirements including those that apply to BIM and collaboration procedures.

· After all necessary corrections have been made, the General Trades contactor shall submit a final version of the BIM coordination plans to Nagel Architects for review and acceptance.

15. QUESTION: Please confirm that the contractor does not have any obligation to submit a revised model to the DOR/VA, and that the as-built documentation does not include the BIM model.

ANSWER: The General Trades contractor is not obligated to produce an updated BIM model at the close of construction. Nagel Architects will update the above-referenced BIM model coordination drawings with subsequent bulletins issued throughout the construction period. At the close of construction, Nagel Architects will prepare and submit the final BIM model record drawings to the VA. The General Trades contractor will still be responsible to provide red-lined 2-D as-built drawings. Plans will be submitted to the VA in electronic format (either scanned hard copy plan or electronically edited PDF of the Issued for Construction plans) as well as hard copies. See specification section 01 00 00 paragraph 1.14 AS-BUILT DRAWINGS for additional requirements.

16. QUESTION: Please confirm that there is no COBIE requirement on this project ANSWER: There will not be any COBIE requirements for this project.

17. QUESTION: Please clarify the format for the as-builts the GC is to provide the VA, whether they are to be paper red-lines, .pdf, CAD, etc.

ANSWER: See response to item number 15 above.

18. QUESTION: Please confirm that the VA is providing the dumpsters and that the GC is not required to provide or pay for the dumpsters for this project.

ANSWER: Per the "SCOPE OF WORK AND DIVISION OF RESPONSIBILITIES" PART 2.0, paragraph 9)-a)-iv, the VA will provide dumpsters for use by the General Trades contractor, provided that the VA's recycling and waste management policies are followed. If these policies are not followed, the General Trades contractor will be responsible to provide their own dumpsters at their own expense.

19. QUESTION: Please confirm that the VA is doing the commissioning and the GC is only providing commissioning assistance.

ANSWER: General contractor to provide commissioning services per specification section 01 91 00 General Commissioning Requirements. An independent commissioning agent under direct contract to the VA will be managing commissioning throughout the construction process.

20. QUESTION: Please confirm that the VA is providing Submittal Exchange for this project.

ANSWER: The General Trades contractor is not responsible to pay any fees or licensing costs for the Submittal Exchange file transfer site. The VA and Nagel Architects will provide access to and maintenance of the Submittal Exchange site.

21. QUESTION: Reference to detail 8/AE-701 for JT-4 indicated in Keynote 02/A-104 appears to be incorrect. Please provide correct detail reference ANSWER: Change reference for expansion joint JT-4 in Keynote 02/A-104 to detail F5/A-702. Note that this detail is also applicable to drywall ceilings.

22. QUESTION: Keynote 2/A-114 refers to JT-6 as a ceiling expansion joint. Should this be JT-05? Also, should reference detail in this same note be B6/A-703 instead of F5/A-702?

ANSWER: Keynote 2/A-114 should refer to ceiling expansion joint JT-05 and reference detail B6/A-703

23. QUESTION: Should WSF-1 and WSF-2 be Teknoflor "Plank you Very Much" ?

ANSWER: WSF-1 and WSF-2 shall be Teknoflor "Plank You Very Much", color "Dockside"

24. QUESTION: Room M-4-318A equipment schedule indicates lift system overhead track to be by contractor. Per the Work Scope document, this will be furnished and installed by the VA. Please confirm that this will be by the VA, ANSWER: Scope of work governs. All patient lifts will be provided by the VA’s BPA Contractor.

25. QUESTION: Work Scope Part 4-Paragraph 14-d indicates that the General Trades contractor is responsible to provide all float glass mirrors on the project. Equipment schedule indicates that float glass mirrors at patient room vanities (tagged A-1066) will be furnished and installed by the VA. Which is correct?

ANSWER: All mirrors at the patient vanities will be provided and installed by the VA as part of Division 10 specialties. Any mirrors that are not tagged on the equipment plan and noted as "VV" on the equipment schedule shall be provided by the General Trades contractor.

26. QUESTION: Hardware schedule shows magnetic hold-open devices for Isolation room doors on the Door Schedule Remarks section (Page A-601). Hold open devices are not shown for hardware set 10B for these doors. Please confirm that hold open devices are required and if so, provide specification for and quantity of hold open devices required for each door opening.

ANSWER: Magnetic hold-open devices are not required for these doors

27. QUESTION: Please confirm plumbing demo above the ceiling on 3rd floor is required to be done starting after 5pm. and the space has to be returned back by the following morning?

ANSWER:

· Refer to "SCOPE OF WORK AND DIVISION OF RESPONSIBILITIES" Attachment 02 Phasing Plan.

· Work within phases 1, 2, and 3 as outlined in this plan can be performed during normal working hours from (7:00 AM to 4:30 PM).

· Contractor will have access to all areas within phases 1, 2, and 3 and will complete the work one phase at a time.

· Work for Phases 4 and 5 will be performed on premium time (4:30 PM to 1:00 AM on weekdays or over weekends as requested by the VA). Contractors shall coordinate work within phases 4 and 5 with the VA so that hospital staff can resume daytime operations within these areas during weekdays.

28. QUESTION: Who is responsible for moving and protecting office equipment and personal items on 3rd. floor for above ceiling work?

ANSWER:

· Refer to "SCOPE OF WORK AND DIVISION OF RESPONSIBILITIES" Attachment 02 Phasing Plan.

· The VA will move, store, and reinstall all loose furnishings and equipment for phases 1, 2, and 3 as identified in the phasing plan.

· The VA will not be moving furnishings or equipment out of phase 4 and 5 areas in order to facilitate construction. Contractor will be responsible to work around, protect, and move furnishings and equipment within phases 4 and 5 as needed to complete the work. Furnishings and equipment must be restored to their original condition at the close of each shift by the General Trades contractor.

29. QUESTION: What is the level of ICRA requirements for work on the 3rd floor? 3 or 4?

ANSWER: ICRA Level 3 requirements shall be adhered to for work on these floors.

30. QUESTION: There does not appear to be a size or routing of a steam relief line off PRV 1A and 1B. Please advise.

ANSWER: Steam relief line shall be 3" diameter and shall penetrate roof above 4th floor mechanical room near column N1-08. Terminate relief vent with a gooseneck at 2'-0" above roof line. Avoid beams and reinforcing when coring the roof structure and seal all penetrations with approved methods to maintain current roofing warranties.

31. QUESTION: Please identify all new equipment in South Cardio Cath Lab Mechanical room ANSWER: Refer to enlarged plan on page M-204 and equipment schedules

32. QUESTION: Please confirm that per detail #8 M400 that the vent off the condensate pump will terminate outside the Mechanical room over the third floor roof and the intent is not to route it to the roof of main hospital.

ANSWER: Vent will penetrate the exterior wall between columns F & G along column line 4 at 2'-0" above 4th floor. Terminate vent at exterior with downturned elbow. Seal exterior wall penetration with approved methods as directed by the VA.

33. QUESTION: Please identify which duct systems are to be pressure tested and what percentage of each system ANSWER: All new ductwork shall be pressure tested.

34. QUESTION: Are inertia bases required for HWP- 1 & 2?

ANSWER: Yes, inertia bases are required for HWP-01 & 02.

35. QUESTION: Specification Section 27 52 23 calls for the nurse call and code blue system as the responsibility of BPA. Is the GT or VA responsible to complete this scope of work after the material is procured through a BPA?

ANSWER: Nurse call systems will be furnished, installed, connected, and commissioned by the VA's self-performing crews and BPA vendors.

36. QUESTION: Please confirm the ACM material quantities shown in specification section 02 82 11. During the site visit we saw no terrazzo flooring or base, however, this could have been abated after these specifications were written. If applicable please provide updated quantities and survey results for all ACM and other hazardous material that needs to be abated prior to the completion of this work.

ANSWER: All ACM has been abated from the 4th floor. ACM removal is limited to the 3rd floor above-ceiling work. Quantities and ACM material types to be abated are listed in specification section 02 82 13.13, paragraph 1.1-B-1.

37. QUESTION: Does hardware set 10B apply to the Isolation Patient room swing doors M4-351, M4-352. M4-355, and M4-356 since these are different than the standard patient rooms?

ANSWER: Disregard reference to hardware set 10B on the page A-601 hardware schedule for these doors. See attached revised specification section 08 42 43 for hardware to be supplied for the (4) Isolation Patient Room doors along with revised hardware specification 08 71 00 clarifying hardware to be used for the remaining (8) standard patient room doors.

38. QUESTION: Will BPA contractors install their products in the field?

ANSWER: Yes. All work indicated by BPA vendors will be furnished and installed by the BPA vendor, the VA, or a combination of both.

39. Question: We understand that part of the work is self-performed by the VA facility and other parts have been assigned / contracted via the ( BPG) Blanket purchase agreements.. basically, leaving minor, partial items of a mixed bag of tasks and items to complete as the GT.

Reviewing the Milestones that you have listed in the schedule and knowing that major portions of the work is not going to be carried out by our own forces or our subcontractors. Sequencing is of great concern, and you have already placed additional responsibility on the General Trade contractor if your self-performance or BPA trades decides to close an area up / complete even if our work hasn’t been started/completed, therefore placing us in an out of sequence event, unforeseen condition, after the fact. Can we try to limit these as best as possible?

This is partially clarified /highlighted in the verbiage where the VA maintains the right to adjust and change the scheduled start or completion dates as required. Listed in the scope of work document which contradicts and governs the “Shared” responsibility listed in the Responsibilities Matrix as well as being in the schedule development section where you directly tell us to plan for out of sequence work and expedited work.

I‘m sure we’re all going to work together in the spirit of partnership but are there options of making sure the shared responsibilities in the matrix are upheld and coordinated among all parties. We are just trying to limit the expedited, after hours, recovery schedule cost / overtime we would have to throw at the project if the shared responsibilities are not coordinated among all players.

Answer: The VA has engaged a third party Construction Project Schedule Manager to help develop, review and coordinate all activities with all parties during the construction period of performance. The schedules of all participants, VA, BPA contractors, and General Trades, will be reviewed during weekly meetings. The Construction Project Schedule Manager will identify and address any concerns in order to keep the project schedule on track. The Project Schedule Manager along with the VA Project COR, Alternate COR, Project Architect and the Contracting Officer are neutral participants that will manage the overall project. This team will ensure that the responsibility matrix is enforced equally with all parties and will resolve any issues that may arise. The VA has made a significate effort in assessing and anticipating the construction schedule based on standard construction sequence of events. The overall intent is for all parties to work together as one team with all parties treated equally.

40. Question: The other issue we are having is 90 % of the self-performance or BPG work has removed most of the major features of work on the project and is creating a concern of being able to complete the 20% requirement of the work with our own forces/ similar entities.

Short of completing the entire 20% on staff /management wages only, with limited materials, will there be a reduced percentage or modified requirement for the awarded General Trades contractor. Only asking for these effects every SDVOSB placing a bid on the project.

This is a very unusual approach to a project Sir, thought I would ask.

Answer: VAAR 852.219-73 (d)(4) states Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not certified SDVOSBs listed in the SBA certification database.

This is non-negotiable term that must be met, along with the rest of the terms included VAAR 852.219-73 and 852.219-75. That is why we require all bidders to fill out the Calculation Worksheet for Self-Performed and Subcontracted Work (See Appendix 1) in the solicitation.

852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Service-disabled Veteran-owned small business concern or SDVOSB”:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.101, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term “Service-disabled Veteran” means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term “small business concern” has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term “small business concern owned and controlled by Veterans with service-connected disabilities” has the meaning given the term “small business concern owned and controlled by service-disabled veterans” under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).

(5) The term "SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multiple-award contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or “similarly situated” (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required (LOS) certification requirements in this solicitation (see 852.219-75 or 852.219-76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified SDVOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products. (i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CFR 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not certified SDVOSBs listed in the SBA certification database.

(5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed in the SBA certification database to count as similarly situated. Any work that a first tier VIP-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.

(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:

[Contracting Officer check as appropriate.] ____ By the end of the base term of the contract or order, and then by the end of each subsequent option period; or __X__ By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Veteran Small Business Certification Program, and the VA Veterans First Contracting Program.

(h) Misrepresentation. Pursuant to 38 USC 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406-2 Causes for Debarment).

(End of clause)

852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)

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

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows: [Contracting Officer check the appropriate box below based on the predominant NAICS code assigned to the instant acquisition as set forth in FAR 19.102.]

(i) [ ] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219-73 or certified VOSBs listed in the SBA certification database as set forth in 852.219-74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) [ ] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219-73 or certified VOSBs listed in the SBA certification database as set forth in 852.219-74. Any work that a similarly situated certified SDBOSB/VOSB subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) [ X] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219-73 or certified VOSBs listed in the SBA certification database as set forth in 852.219-74. Any work that a similarly situated certified SDBOSB/VOSB subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

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

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

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

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

(iii) Prosecution for violating 18 U.S.C. 1001.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification:

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

Printed Name of Signee: ________________________________________ Printed Title of Signee: _________________________________________ Signature: ___________________________________________________ Date: _____________________ Company Name and Address: ______________________________________ (End of clause)

See attached document: Spec Section 084243 INTERMEDIATE INTENSIVE CRITICAL CARE UNIT ENTRANC Amendment 0002 (13 pages).

See attached document: Spec Section 087100 DOOR HARDWARE Amendment 0002 (28 pages).

See attached document: Spec Section 088000 GLAZING Amendment 0002 (11 pages).

See attached document: Drawing A-601 for Amendment 0002 (1 page).

Amendment 0002 to Solicitation 36C25523R0115

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