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36C26119B0019 Section M

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.

36C26119B0019 X 04-04-2019 640-19-2-5081-0022 640-19-913 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Sierra Nevada Health Care System 975 Kirman Avenue Reno NV 89502-2597 Proposals have been authorized and are to be sent by email to Dario Rissone at dario.rissone@va.gov.

Dario Rissone 775-785-7156 Title: Building #7, Chiller #2, Air Cooled Water Chiller Replacement Project: 640-19-913

NAICS CODE: 238220-Plumbing, Heating, and Air-Conditioning Contractors, Small Business Size Standard: $15.0M

Project description: This project is to remove/dispose of the current air-cooled water chiller, and the installation and integration of a new air-cooled water chiller to include all required hardware and equipment to create a full and complete operating system.

The single organized site visit for this IFB has been scheduled as follows:

Date: 17 April 2019 Time: 10:00 AM LOCATION: Meet on the Palo Alto Campus, 3801 Miranda Avenue, Palo Alto, CA, Building 6, Third Floor, Room B319.

Bid, payment and performance bonds shall all be required under the IFB and any resultant contract.

In accordance with established public law, all bidders are required to be registered and current in System for Award (SAM), the official web-site of the U.S. Government at www.sam.gov.

This contract will be awarded in accordance with FAR Part 14 -- Sealed Bidding.

This is a total Service-Disabled-Veteran-Owned-Small-Business (SDVOSB) set-aside under public law 109-461.

Prime SDVOSB shall comply with subcontracting limitation as defined in 13 CFR 125.6.

All provisions in this solicitation will be removed prior to contract award.

IAW VAAR 836.204, Magnitude of Construction Project is between $ 250,000 and $500,000.

X X 52.211-10 X

4:00PM

05-06-2019 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

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Sierra Nevada Health Care System 975 Kirman Avenue Reno NV 89502-2597 Department of Veteran Affairs FMS-VA-2(101) Financial Services Center PO Box 149971 Austin TX 78714-9971

SOLICITATION: 36C26119B0019 PROJECT: 640-19-913

Building #7, Chiller #2, Air Cooled Water Chiller Replacement

PROVIDE COMPLETE DIVISIONAL COST BREAK-OUT FOR COMPLETE PROJECT

REF
DESCRIPTION
TOTAL

01000

DIVISION 1 – General Requirements

02000
DIVISION 2 – Sitework General, Demolition
13000
DIVISION 13 – Seismic Restraint Requirements for Non- Structural Components
23000
DIVISION 23 – Heating, Ventilating, and Air Conditioning
$

OTHER AS REQUIRED

OTHER AS REQUIRED

SUB TOTAL:

BONDS AND INSURANCE

OVERHEAD

PROFIT

TOTAL BID FOR THIS PROJECT:

*Total bid amount to be recorded on SF1442, block 17.

*This document is to be used only for price analysis per FAR 14.408-2 Table of Contents

PART I - THE SCHEDULE1
SECTION A - SOLICITATION/CONTRACT FORM1
A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)1
A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION, ALTERATION, OR REPAIR)– BACK2
SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK7
SECTION D - PACKAGING AND MARKING13
[For this Solicitation, there are NO clauses in this Section]13
SECTION E - INSPECTION AND ACCEPTANCE14
SECTION F - DELIVERIES OR PERFORMANCE15
F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ALTERNATE I (APR 1984)15
SECTION G - CONTRACT ADMINISTRATION DATA16
[For this Solicitation, there are NO clauses in this Section]16
SECTION H - SPECIAL CONTRACT REQUIREMENTS17
H.1 IT CONTRACT SECURITY17
PART II - CONTRACT CLAUSES27
SECTION I - CONTRACT CLAUSES27
I.1 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED ITEMS (MAY 2008)28
I.2 52.236-4 PHYSICAL DATA (APR 1984)29
I.3 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)31
I.4 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)31
I.5 VAAR 852.232-71 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (INCLUDING NAS– CPM) (NOV 2018)31
I.6 VAAR 852.236-72 PERFORMANCE OF WORK BY THE CONTRACTOR (JUL 2002) ALTERNATE I34
I.7 VAAR 852.236-74 INSPECTION OF CONSTRUCTION (JUL 2002)35
I.8 VAAR 852.236-76 CORRESPONDENCE (APR 1984)35
I.9 VAAR 852.236-77 REFERENCE TO "STANDARDS" (JUL 2002)35
I.10 VAAR 852.236-78 GOVERNMENT SUPERVISION (APR 1984)35
I.11 VAAR 852.236-79 DAILY REPORT OF WORKERS AND MATERIAL (APR 1984)36
I.12 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 1984) ALTERNATE I (JUL 2002)36
I.13 VAAR 852.236-84 SCHEDULE OF WORK PROGRESS (NOV 1984)37
I.14 VAAR 852.236-85 SUPPLEMENTARY LABOR STANDARDS PROVISIONS (APR 1984)37
I.15 VAAR 852.236-86 WORKER'S COMPENSATION (JAN 2008)38
I.16 VAAR 852.236-87 ACCIDENT PREVENTION (SEP 1993)38
I.17 VAAR 852.236-88 CONTRACT CHANGES--SUPPLEMENT (JUL 2002)38
I.18 VAAR 852.236-91 SPECIAL NOTES (JUL 2002)40
I.19 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)41
I.20 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)41
I.21 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)42
I.22 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)44
I.23 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)44
I.24 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010)44
I.25 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)46
I.26 52.227-4 PATENT INDEMNITY—CONSTRUCTION CONTRACTS (DEC 2007) ALTERNATE I (DEC 2007)49
I.27 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)49
I.28 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)49
I.29 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)50
I.30 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)51
I.31 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (JUL 2002)52
I.32 VAAR 852.236-89 BUY AMERICAN ACT (JAN 2008)52
I.33 SUPPLEMENTAL INSURANCE REQUIREMENTS53
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS54
SECTION J - LIST OF ATTACHMENTS54
PART IV - REPRESENTATIONS AND INSTRUCTIONS55
SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS55
K.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)55
K.2 52.209-13 VIOLATION OF ARMS CONTROLS TREATIES OR AGREEMENTS—CERTIFICATION (JUN 2018)58
K.3 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)60
SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS61
L.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)61
L.2 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008)62
L.3 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)62
L.4 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)62
L.5 52.211-1 AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS, FPMR PART 101-29 (AUG 1998)63
L.6 52.216-1 TYPE OF CONTRACT (APR 1984)63
L.7 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014)64
L.8 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)64
L.9 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)65
L.10 52.228-1 BID GUARANTEE (SEP 1996)66
L.11 52.233-2 SERVICE OF PROTEST (SEP 2006)66
L.12 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)67
L.13 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)67
L.14 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)68
L.15 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)68
SECTION M - EVALUATION FACTORS FOR AWARD69

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

36C26119B0019 Section C

Page 1 of Page 1 of

1.1. SUMMARY:

A. The Palo Alto Campus Air Cooled Water Chiller #2 located at 3801 Miranda Ave, Palo Alto CA 94304 Building 7 requires replacement.

1.2. PURPOSE:

A. To solicit Contractor with the removal and disposal of currently install Air Cooled Water Chiller and follow up procurement, complete installation and integration of a new Air-Cooled Water Chiller, in addition to all required hardware and equipment to create a full and complete operating system.

1.3. EXISTING EQUIPMENT TO BE DISPOSED:

A. York Chiller model number YCAS0150EC/ Serial number RGLM003705

1. 460 volts/60 hertz/3 phase

2. 400 amperage

1.4. NEW EQUIPMENT REQUIREMENTS TO BE INSTALLED:

A. Must meet or exceed the requirements specified in Division 23 64 00 Packaged Water Chillers.

B. Contractor shall ensure current electrical amperage of the VA facility is suitable for replacement Air Cooled Water Chiller.

C. Per Presidential Executive Order 13693 new equipment must comply with FAR 52.223-15.

1. See ASHRAE 90.1-2013 Table 6.8.1-3 (2015) for minimum requirements.

D. The following equipment and service options must be addressed by the vender:

1. Across the line motor starters are NOT acceptable

2. Motor starter enclosures must be NEMA 3R coated

3. Wye-Delta and solid-state motor starters are acceptable.

4. Vender must ensure facility power can meet demand of new equipment.

5. Vender capability to program new equipment electronics to communicate with currently installed facility electronics.

6. All components must be covered in UV and salt spray resistant paint

7. IFM efector IR flow switch is preferred.

E. Priority should be given to those contractors with the capability to remove and install a new chiller over the weekend. Allowing for minimal impact on patient care.

1.5. SUMMARY OF TASKS:

A. Contractor shall provide a contract schedule to the Contracting Officer as an evaluation factor.

B. Contractor is responsible for the purchase of a new Air-Cooled Water Chiller and all associated hardware and equipment.

C. Contractor shall remove existing Air-Cooled Water Chiller using Heavy Equipment.

D. Contractor shall provide temporary Chiller for the duration of this project.

E. Contractor shall prepare pad for new Air-Cooled Water Chiller include demolition, excavations and pouring of concrete.

F. Contractor shall install Air Cooled Water Chiller using Heavy Equipment and integrate new Air-Cooled Water Chiller along with all associated hardware, refrigerant and equipment.

G. Contractor shall test the new Air-Cooled Water Chiller.

H. Contractor shall commission new Air-Cooled Water Chiller.

I. Contractor shall provide training of VA personnel on proper use and maintenance of new Air-Cooled Water Chiller.

J. Contractor is responsible for the removal, transportation and disposal off site of the replaced Air-Cooled Water Chiller.

1.6. QUALIFICATIONS:

A. Per VHA Directive 2011-036 the Contractor will abide by the following:

1. The Contractor will furnish to the Contracting Officer or the Contracting Officer Representative documentation that specifies the Contractor has no more than three serious or one repeat or one willful Occupational, Safety and Health Act (OSHA) or Environmental Protection Agency (EPA) violation(s) in the past three years and has an Experience Modification Rate (EMR) of equal to or less than 1.0.

2. The Contractor will provide all personnel, equipment, tools, materials, supervision and other items and services necessary to install the equipment.

3. The Contractor is to ensure the work site Competent Person has completed the OSHA 30 training and all of the Contractors employees are at a minimum OSHA 10 trained. The Contractor is to provide the Contracting Officer Representative with copies of these documents no less than fifteen (15) days prior to commencement of work. Documentation must contain date of course completion, instructors name and signature.

4. The Contractor shall be fully staffed on the first day of contract performance, and prepared to maintain a fully trained staff through the life of the contract. The Contractor shall have sufficient and qualified staff to begin work on the effective date of contract.

5. The Project Manager shall be physically on-site during work hours and shall be responsible for performance of all work. The Project Manager shall possess a minimum of three (3) years’ experience within the last five (5) years. The Project Managers work experience should be similar to the size and magnitude of this contract and fully conversant in the English language.

6. The Contractor shall attend the post award conference and periodic progress meetings as scheduled by the Contracting Officer Representative. The Contracting Officer, the Contracting Officer Representative and any other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance.

7. The Contractor shall submit a resume of qualifications to the Contracting Officer Representative for key personnel proposed for the project. All Contractor employees will be approved by the Contracting Officer Representative prior to start of work. At any time from date of award to the end of the contract, a non-key Contractor personnel is no longer available, the Contracting Officer Representative has the right to accept or reject new personnel.

8. The Contractor shall remove any employee from the performance of this contract immediately upon receipt of Contracting Officer notice. The Contractor employees shall be removed immediately when he/she is involved in a violation of the Terms and Conditions of the contract, criminal behavior, violation of Veterans Affairs (VA) security, confidentiality requirements and/or other disciplinary reasons.

1.7. PROCEDURES:

A. Per Division 01 32 16.17 the Contractor will provide a detailed and expanded contract schedule to the Contracting Officer as an evaluation factor and resubmit an updated copy after award of contract to the Contracting Officer Representative.

B. Per Division 02 41 00 the Contractor shall completely prepare the site for building operations, including furnish labor and materials and perform work for the removal of the old system and installation of the new system.

1. Extend or demolition existing concrete pad to accommodate new Air Cooled Water Chiller.

2. Modify existing piping through demolition and excavation to accommodate new and temporary Air Cooled Water Chiller.

C. Per Division 01 33 23 prior to purchase the Contractor shall submit cut sheets, product information of new equipment and material submittals to the Contracting Officer Representative.

D. Per Division 23 64 00 upon the Contracting Officer Representative approval the Contractor shall purchase an Air Cooled Water Chiller and all associated supporting hardware.

E. Per Title 49 Code of Federal Regulations 173 the Contractor shall provide a Hazardous Material (HAZMAT) plan including methods of procedures for the transportation of refrigerant whether the Air Cooled Water Chiller is or is not factory charged.

F. Per Memorandum No. 138-14-19 the Contractor is not authorized to conduct Energized Electrical Work.

G. Per Memorandum No. 138-14-28 the Contractor shall conduct lock out and tag out procedures coordinated with the Contracting Officer Representative.

1. The Contractor shall utilize certified electricians while performing any and all electrical work.

H. Per Memorandum No. 138-16-14 the Contractor will request via the Contracting Officer Representative a Utility Shutdown no less than thirty (30) days prior from the date of commencement of work.

I. Per Divisions 23 64 00 the Contractor shall ensure all required supporting equipment, e.g. crane, electrical testing devices, refrigerant, etc. are on site and accounted for prior to commencement of removal and installation.

1. Temporary Air Cooled Water Chiller shall be provided, operated and maintained by the Contractor to accommodate patients and ensure there’s no loss in the building air conditioning.

J. Per Divisions 23 64 00 the Contractor shall remove currently installed chiller system.

K. Per Divisions 23 64 00 the Contractor shall install a new Air Cooled Water Chiller and all associated connectors.

1. The Contractor shall be responsible for all electrical connections or modifications for the installation of equipment.

L. Per Memorandum No. 138-14-28 and 138-16-14 the Contractor shall commission and conduct a test of the Air Cooled Water Chiller with the Contracting Officer Representative and designated Engineering Services employees.

M. Per Title 49 Code of Federal Regulations 173 the Contractor shall provide a Hazardous Material (HAZMAT) plan including methods of procedures for the removal, transportation and a certificate of disposal for all items and materials replaced on the project.

1.8. QUALITY CONTROL:

A. The Contractor shall implement and maintain a complete Quality Control Plan so that all requirements are provided for as specified in all sections of this contract. The Contractor’s Quality Control Plan shall include but are not limited to the following:

1. A statement describing how the Contractor will meet the basic requirements of this contract (including staffing levels, time of response) shall be provided to the Contracting Officer Representative fifteen (15) days after effective date of contract award and whenever there are major turnover of personnel. A major turn-over is two or more employees.

2. A method for identifying deficiencies in the quality of services performed before the performance deficiency becomes unacceptable. The Quality Control Plan shall contain processes for corrective actions without dependence upon Government direction and shall maintain records of all Contractor Quality Control inspections and corrective actions.

3. A method of recording or logging the activities of the Contractor, which would demonstrate the Contractor's ability to maintain the minimum requirements of this contract.

B. The Contractor shall submit three (3) copies of the Quality Control to the Contracting Officer Representative within five (5) working days when changes are made thereafter. After acceptance of the Quality Control Plan, the Contractor shall receive the Contracting Officer Representatives approval in writing of any proposed change to the Quality Control Plan.

1.9. SAFETY:

A. Per VHA Directive 2011-036 Safety and Health During Construction

1. The Contractor is required to provide a Competent Person to implement and maintain an effective safety program that identifies and controls hazards that my cause injury or illness to VA patients, staff, visitors and contractor employees.

2. The Contracting Officer Representative and the Construction Safety Officer will not be used in place of the Contractors Competent Person.

3. The Contractor is responsible for the safety and health of all subcontractor employees.

B. Per Health Care Memorandum No. 138-15-29 (Attachment C) the Contractor will conduct and document daily inspections of the construction site utilizing the Construction Site Safety Review Checklist. The Contractor is required upon request from VA personnel and or State and federal OSHA to present this Checklist and provide copies as needed.

1.10. DOCUMENTATION:

A. Work Plan: The Contractor shall submit a work plan outlining the company plans to complete a quality project within a given amount of time and in compliance with this firm fixed price contract.

B. Schedule: The Contractor shall submit project schedule in accordance with Specification 01 32 16.17 Project Schedules and simplified three-week look-ahead schedule.

C. Submittals: The Contractor shall submit project submittals per Section 01 33 23 Shop Drawings, Product Data, and Samples for Contract Officer Representative approval.

D. Quality Control Plan: The Contractor shall outline the procedures that the contractor will use to ensure that a high quality product is produced for this contract.

E. Safety Plan: The Contractor shall outline the safety procedures that comply with applicable federal, state and local laws, the Occupational, Safety and Health Act (OSHA) (Public Law 91-596) and the resulting standards, OSHA Standards 29 CFR 1910 and 1926, as applicable, and the protection of their employees. Additionally, the Contractor is responsible for the safety and health of all subcontractor employees.

F. Meeting Minutes: The Contractor shall record and track meeting minuets and submit to COR for editing and approval.

G. Inspection Records: The Contractor shall submit weekly inspection testing and reports to COR.

1.11. SECURITY:

A. Per Health Care Memorandum No. 07-15-14 and 07-15-14 (Attachment A) the Contractor and employees will be escorted by the Contracting Officer Representative to Police Dispatch for issuance of temporary identification (ID) badges. The Contractor and associated labor must visually wear and maintain the issued ID at all times while on VA property.

B. Per Health Care Memorandum No. 07-15-14 the Contractor and employees will provide Police Services one form of Federal or State issued photo ID and documentation verifying the company to which they represent prior to issue.

C. Per Health Care Memorandum No. 138-13-24 keys required by the Contractor must be requested through the Contracting Officer Representative. The Contractor will be placed on a key access list created by the Engineering Services Key Administrator and the Contractor will be required to sign out keys as needed through the Key Administrator.

D. Per United States Code of Federal Regulation Title 38 (1.218) and VA Regulation 219 the Contractor and all employees are prohibited from possessing and duplicating unauthorized keys.

E. Per Health Care Memorandum No. 138-13-24 the Contractor must notify Police Services immediately upon discovery of loss or theft of issued keys.

1.12. HOURS OF OPERATIONS:

A. The Contractor is required to conduct construction during normal business hours of 9:00 am to 6:00 pm Saturday and 10:00 am to 6:00 pm Sunday.

1. Deviation from these times requires approval of the Contracting Officer Representative.

B. The Contractor shall not conduct construction when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

C. The Contractor has ninety (90) days to complete this contract on the effective date. The effective date of the contract shall begin thirty (30) days after award of the contract or after notice to proceed is issued, whichever is soonest.

D. Contractor shall schedule critical tasks involving electrical shutdowns on weekends only. Contractor shall provide a minimum of four (4) weeks’ notice for electrical shutdowns to Contracting Officer Representative.

E. The Contractor shall not work on recognized holidays: New Year’s Day, Martin Luther King Day, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day and any other day designated by the President.

F. The work shall be performed at the VA Palo Alto Division located at 3801 Miranda Ave, Palo Alto, CA 94304, Building 7.

1.13. GOVERNMENT PROPERTY, FACILITIES, EQUIPMENT AND OTHER SERVICES:

Per VA Master Specifications Division 01 00 00 the Contractor will adhere to the following:

A. The Government will provide manpower to assist in the shutdown of utility systems where the Contractor is required to service only through approved utility shutdown request. Shutdowns will not be authorized on holiday weekends.

1. The Contractor shall conduct Lockout/Tagout using the Contractor employees.

2. VA employees shall shutdown power to chiller.

B. The Contractor may use corridors and elevators to travel to and from the job site. The Contractor shall be in proper attire (shirt and shoes required). The Contractor shall make every effort to keep the areas clean and tidy. The Contractor shall clean-up areas after each day’s work. Elevators will not be used during an emergency.

C. The Contractor is permitted to use the VA toilet facilities, however, the Contractor will ensure that the facilities are kept clean and will be responsible for any damage done by the Contractor’s workers.

D. The Contractor shall adhere to the rules and regulations of parking within the facility.

1. Specific parking areas may be assigned to the Contractor. Violators will be ticketed. The Contractor shall not use parking spaces reserved for engineering vehicles or lawn areas or “back in” into a parking space.

2. Building loading docks and landings may be used to load or unload construction materials when approved by the Contracting Officer Representative. However, any vehicle left unattended for more than a few minutes may be cited by the VA Police. Some areas may be reserved for VA operations only during certain hours.

E. The VA Police are Federal Police Officers with full authority to make arrests, investigate crime, and to issue citations. Citations issued for driving, parking violations or other offenses may require an appearance in the Federal District Court and/or payment of a fine.

1. For the safety of patients, speed limits and other driving and parking codes will be strictly enforced. The speed limit on VA roads is 15 MPH under ideal conditions. In parking lots, the speed limit is 5 MPH.

F. The Contractor is to coordinate access to locked areas with the Contracting Officer Representative, including obtaining keys required for access to work sites. All buildings at the VA medical center are locked during other than normal work hours. When the Contractor has approval to work other than normal work hours, he will need to make arrangements for his workers to have access to job sites.

G. Operations areas will be confined to areas designated by the Contracting Officer Representative or approved in writing by the Contracting Officer Representative. The Government will not be responsible for tools, equipment or other materials left or stored on Government facilities.

H. The VA will provide utilities in the facility and will be available for the Contractor to use in the performance of the contract. The Contractor shall exercise conservation practices. The Contractor is expected to turn off water faucets or valves after use. The Contractor is required to utilize GFCI protectors with all plugged in equipment. The Contractor is required to hardwire temporary power distribution boxes when large electrical loads are required to prevent tripping breakers and interrupting service.

1. The Contractor shall NOT turn-on or turn-off any utility service such as water, gas, medical air and gas, steam, sewer, electric, fire protection or communication without prior approval of the Contracting Officer Representative. This includes those interruptions required by the contract.

I. Written requests for utility shutdowns shall be completed by the Contractor and submitted to the Contracting Officer Representative at least four (4) weeks before the scheduled work. Lock-out / tag-out (LOTO) will adhere to Health Care System Memo No. 138-14-28, on any disruption or shut-down of any energy source. Any emergency requiring an immediate shutdown shall be reported to the Contracting Officer Representative. The Contracting Officer Representative will notify the engineering office and the appropriate Chief, Maintenance and Repair or site designee. The Contractor shall prepare and forward to the Contracting Officer Representative or designated representative, a written report of the situation, why it happened, a schedule of any further corrective work needed, and what, if any steps will be taken to prevent a recurrence. The request for utility shutdown is found in HCS Memo No. 138-16-14 Utility Shutdown Procedures, Attachment E and F.

J. Government Furnished Equipment (CFE) will not be provided by the VA for any equipment or materials to be used in this contract.

1.14. CONTRACTOR FURNISHED EQUIPMENT (CFE) AND REPSONSIBLITIES:

A. The Contractor shall secure the worksite and provide construction safety and infection control barriers, including but not limited to temporary fencing, trench covers, etc. or wherever work may cause injury to workers, visitors and VA personnel.

B. The Contractor shall conform to the rules and regulations as set forth by OSHA Safety and Health Standards, 29 CFR Part 1926 - Safety and Health Regulations for Construction and Title 8, California Administrative Code - Construction Standards. When the standards differ, the more restrictive standard shall apply. Construction site signage is required. Construction sites outside of existing structures shall be enclosed by 6 feet tall metal fencing.

C. The Contractor shall furnish materials, supplies, and equipment necessary to meet the requirements under this Statement of Work.

D. The Contractor shall wear and use protective clothing and gear when required. This includes hard hats, goggles, protective shoes, gloves, masks or breathing apparatus, etc.

E. The VA will not provide phones to the Contractor. However, the Contractor may use the VA telephone lines to contact the Contracting Officer Representative, the Engineering Service office, or when authorized by the Contracting Officer Representative, to call their office concerning contract matters. Telephone calls for the Contractor will not be accepted by the VA.

F. The Contractor shall remove any waste and debris created in executing the contract and shall dispose the waste outside of the VA campus. The Contractor may bring in a bin or dumpster for waste, however, must have the Contracting Officer Representative written approval prior to locating the bin at a specific location. Contractor’s debris shall be covered when taken from work sites to dump area. This is critical when carried through patient care areas.

1.15. DEFINITIONS:

A. Contractor: A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

B. Sub-Contractor: One that enters into a contract with a prime contractor. The Government does not have “privity of contract” with the subcontractor.

C. Contracting Officer: The person with the authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

D. Contracting Officer Representative: Upon award of the contract the Contractor will receive a copy of the Contracting Officer Representative Delegation Letter. The letter will state the responsibilities and limitations of the Contracting Officer Representative, especially with regard to changes in cost or price, estimates or changes in delivery dates. The Contracting Officer Representative is not authorized to change any of the terms and conditions of the resulting order.

The Contracting Officer Representative will be authorized to perform the following functions:

1. Maintain written and oral communications with the Contractor concerning technical aspects of the contract.

2. Issue written interpretations of technical requirements, including Government drawings, designs and specifications.

3. Communicate with the Contracting Officer and the Contractor of any deficiencies.

4. Coordinate availability of government furnished property.

5. Provide site entry of Contractor personnel.

6. Monitor and inspect Contractor’s performance E. Deliverable: Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

F. Key Personnel: Those individuals identified to be important to the Contractor’s performance.

G. Physical Security: Actions that prevent the loss or damage of Government property.

H. Quality Assurance: The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

I. Quality Assurance Surveillance Plan: An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

J. Quality Control Plan: The Contractor’s plan to ensure the necessary measures are taken to meet the terms and conditions of the contract.

K. Periodic Surveillance: This method is used to evaluate on a periodic basis such as monthly, quarterly or semi-annually.

L. 100 % Inspection: This method will be used for tasks that occur infrequently. The COR or designated representative will inspect and evaluate performance.

M. Work Day: The number of hours per day the Contractor provides services in accordance with the contract.

N. Work Week: Monday through Friday, unless specified otherwise.

1.16. REFERENCES:

The Contractor shall abide by the applicable regulations, publications, manuals and local policies and procedures as set forth in the Terms and Conditions of this contract. When the standards differ, the more restrictive standard shall apply.

A. Air Conditioning Contractors of America (ACCA)

1. Manual CS Commercial Application, System and Equipment B. Air Conditioning, Heating and Refrigeration Institute (AHRI)

1. 560-2000Absorption Water Chilling and Water Heating Packages
2. 550/590-2011Water Chilling Packaging Using the Vapor Compression Cycle

C. American National Standards Institute

1. 30-1995 Method of Testing Liquid-Chilling Packages D. American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE)

1. 2013 Handbook-Fundamentals

a. Ch 23 Insulation for Mechanical Systems

2. 2012 Handbook-HVAC Systems and Equipment

a. Ch 43Liquid Chilling Systems
b. Ch 45Motors, Motor Controls and Variable-Speed Drives

3. 2012 Handbook-HVAC Systems and Equipment

a. Ch 52 Codes and Standards

4. 2011 HVAC Applications

a. Ch 08Health-Care Facilities
b. Ch 38Testing, Adjusting and Balancing
c. Ch 39Operation and Maintenance Management
d. Ch 43HVAC Commissioning
e. Ch 48Noise and Vibration Control
f. Ch 55Seismic and Wind Resistant Design
g. Ch 56Electrical Considerations
h. Ch 61Codes and Standards

E. California Administrative Code

1. Title 24 California Code of Regulations F. Code of Federal Regulations (CFR)

1. Title 29, 1910General Industry
2. Title 29, 1926Construction
3. Title 38, 1.218Security and Law Enforcement at VA Facilities
4. Title 49, 173Transportation

G. Health Care System (HCS) Memorandum

1. 07-15-14Issuance of Temporary Identification Badges
2. 138-13-24Key Control and Distribution
3. 138-14-28Lock-Out and Tag-Out
4. 138-15-29Construction Safety Program
5. 138-15-31Heating, Ventilation and Air Conditioning Water Treatment Policy
6. 138-16-14Utility Shutdown Procedures
7. 138-16-16Boiler Plant Operations
8. SAFE-12-02Personal Protective Equipment
9. SAFE-12-04Life Safety Management Program
10. SAFE-12-06Hot Work Program
11. SAFE-13-23Interim Life Safety Measures

H. National Fire Protection Association (NFPA)

1. NFPA 10Standard for Portable Fire Extinguishers
2. NFPA 70National Electrical Code
3. NFPA 70EStandard for Electrical Safety in the Workplace
4. NFPA 85Boiler and Combustion Systems Hazards Code
5. NFPA 90AStandard for the Installation of Air Conditioning and Ventilating Systems
6. NFPA 99Health Care Facilities Code
7. NFPA 101Life Safety Code
8. NFPA 241Safeguarding Construction, Alteration and Demolition Operations

I. Veterans Affairs Master Specifications Division (MSD) (PG-18-1)

1. 01 00 00General Requirements
2. 01 32 16.17Project Schedules
3. 01 33 23Ship Drawings, Product Data and Samples
4. 01 35 26Safety Requirements
5. 01 42 19Reference Standards
6. 01 57 19Environmental Controls
7. 02 41 00Demolitions
8. 13 05 41Seismic Restraint Requirements for Non-Structural Components
9. 23 05 11Common Work Results for HVAC
10. 23 05 41Noise and Vibration Control for HVAC Piping and Equipment
11. 23 05 93Testing, Adjusting and Balancing for HVAC
12. 23 07 11HVAC, and Boiler Plant Insulation
13. 23 08 00Commissioning of HVAC Systems
14. 23 64 00Packaged Water Chillers

J. Veteran Health Administration (VHA) Directive

1. 2011-036 Safety and Health During Construction

Building #7, Chiller #2, Air Cooled Water Chiller Replacement

640-19-913 STATEMENT OF WORK 12-12-2017

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SECTION D - PACKAGING AND MARKING

[For this Solicitation, there are NO clauses in this Section] 36C26119B0019 Section D

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SECTION E - INSPECTION AND ACCEPTANCE

36C26119B0019 Section E

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FAR Number
Title
Date
52.246-12
INSPECTION OF CONSTRUCTION
AUG 1996

SECTION F - DELIVERIES OR PERFORMANCE

FAR Number
Title
Date
52.242-14
SUSPENSION OF WORK
APR 1984

F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ALTERNATE I (APR 1984) The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 90 days after receipt of notice to proceed. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by 20 June 2019. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

36C26119B0019 Section F (End of Clause) Page 1 of Page 1 of

SECTION G - CONTRACT ADMINISTRATION DATA

[For this Solicitation, there are NO clauses in this Section] 36C26119B0019 Section G

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

1. GENERAL

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

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

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

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

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

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

e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor's employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

3. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor's information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA's information is returned to the VA or destroyed in accordance with VA's sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

c. Prior to termination or completion of this contract, contractor/ subcontractor must not destroy information received from VA, or gathered/ created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

i. The contractor/subcontractor's firewall and Web services security controls, if applicable, shall meet or exceed VA's minimum requirements. VA Configuration Guidelines are available upon request.

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA's prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus.

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