36C26120B0018.docx

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.

36C26120B0018 X

08-26-2020

640-21-1-5281-0004

640-16-121 Y 36C261 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Sierra Nevada Health Care System 975 Kirman Avenue Reno NV 89502-2597 Y Electronic bids have been authorized and shall be sent to Charee Harris via email to charee.harris@va.gov.

Charee Harris 775-788-5511 Project: 640-16-121 Sunnyvale Fire Sprinklers NAICS Code: 236220 Small Business Size Standard: $36.5M IAW VAAR 836.204, magnitude of construction is between $500,000.00 and $1,000,000.00.

Project description: The contractor shall provide all tools, labor, materials, equipment, project management, supervision, and transportation to complete the project both within schedule and within budget as awarded. This project calls for the contractor to install Fire Sprinkler System for the VA Palo Alto Healthcare System, for the site located at 1080 Innovation Way, Sunnyvale, CA 94089 per the Statement of Work, Specifications, and drawings.

Place of performance is 1080 Innovation Way, Sunnyvale, California 94089.

Site Visit: Is scheduled for Wednesday, September 2, 2020, 10:00 AM Pacific Time

Participants will meet at 1080 Innovation Way, Sunnyvale, California 94089. Please arrive with the appropriate PPE for COVID19 requrements in the local area.

In accordance with established public law, all bidders are required to be registered and current in System for award Management (SAM) at the time of award. The offical website of the U.S. Government at www.sam.gov

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

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

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

** A public bid opening will be conducted via Microsoft Teams on Thursday, October 1, 2020 at 10:00 AM Pacific Time.

Please dial 872-701-0185, Conference ID 810-033-855#

Bid,Payment and Performance bonds are required.

Guaranteed Period Services (GPS) shall be required.

X X

52.211-10 X

One Electronic 10:00 10-01-2020

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

640-21-1-5281-0004

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Sierra Nevada Healthcare System 975 Kirman Avenue Reno NV 89502

Department of Veterans Affairs FMS-VA-2(101) Financial Services Center

PO Box 149971 Austin TX 78714-9971

Charee Harris Contracting Officer NCO 21

Sunnyvale Building 1- Fire protection Project No. 640-16-121 Department of Veterans Affairs Palo Alto Health Care System Palo Alto, CA 94304

STATEMENT OF WORK

EXECUTIVE SUMMARY

A. PROJECT DESCRIPTION: This construction project to provide a new fire sprinkler system and emergency egress devices to eliminate the Life Safety Deficiencies at the existing two story, 50,000 square feet Building 1, located at, 1080 Innovation Way Sunnyvale California. This work includes complete construction services to provide fire sprinkler and alarm systems, emergency egress devices, and addition of one room.

B. PROJECT LOCATION: Veterans Affairs Palo Alto Health Care System (VAPAHCS), Building 1, 1080 Innovation Way, Sunnyvale, California.

C. PROJECT CONSTRAINTS: The contractor must follow interim life safety and infection control measures during construction, code compliance, and egress plans, and must coordinate all utility shutdowns with the contracting officer’s representative. The contractor shall follow all applicable federal and local jurisdictions laws/standards/requirements when conduct the work.

Table of Contents

Contractors shall refer to the solicitation documents for the minimal submission requirements and instructions pertaining to this project. The contractor shall provide services during construction as outlined in this statement of work, as well as associated design documents, drawings and specifications. These construction services shall be provided to the Veterans Affairs Palo Alto Healthcare System (VAPAHCS), located at 3801 Miranda Avenue, Palo Alto, CA 94304, all in accordance with this statement of objectives and applicable contract terms or conditions.

Project Number 640-16-121

1. PROJECT BACKGROUND

1.1. The Roof and Façade of existing steel framed building which is a two-story office building surrounding a central Courtyard with approximate 50,000 square feet of gross floor area has been remodeled recently. This building does not have any fire protection system at present and lacks the life safety measures. Also, in 2018, a lobby of approximately 7,050 square feet was constructed and added at the North- East corner of existing building which is fully sprinklered.

1.2. The project will include complete construction and commissioning services to provide fire sprinkler along with alarm systems, emergency egress devices, and add one room at the existing two story, 50,000 square feet building to make this building (including newly added lobby) habitable. This new fire sprinkler system and emergency egress devices will eliminate the Life Safety Deficiencies.

2. PROJECT PURPOSE AND DESCRIPTION

2.1. The intent is to select a qualified contractor to provide all labor, materials, equipment, tools, and supervision to provide fire sprinkler and alarm systems, emergency egress devices and add one room at the existing two story, as shown in the drawings and specifications.

2.2. The contractor shall be knowledgeable of all national, state and VA healthcare standards, design guides and policies. The contractor shall maintain valid and current contractor’s licensure, verifications, and certifications, as applicable for this project.

3. STATEMENT OF BID ITEMS

3.1. Provide fire sprinkler and alarm systems, emergency egress devices and add one room at the existing two story, 50,000 square feet building 1, located at, 1080 Innovation Way Sunnyvale California as required by the drawings and specifications. Contractor is responsible for any third-party inspector/commissioning services as applicable to ensure the fire protection system is in compliant with VA and local requirements.

4. SPECIFICATIONS AND DRAWINGS

4.1. Specifications and Drawings. After award of contract, one set of specifications and drawings will be furnished by VAPAHCS to the contractor. The contractor may, at their own expense, create additional drawings and specifications for the purpose performing the work described in the contract, using electronic files furnished by the government.

4.2. As-built Drawings. The contractor shall be responsible to provide marked-up as built drawings and deliver two approved completed sets of as-built drawings to the Contracting Officer’s Representative as per paragraph 1.14 of spec section 01 00

5. COMPLIANCE WITH CODES AND STANDARDS

5.1. The contractor shall comply with all design drawings and specifications during the project, including applicable codes and standards described in the VA’s design guides and design manuals, and the VA’s standards for information technology. Applicable codes and standards are outlined in greater detail in the project construction documents.

6. ADDITIONAL CONSIDERATIONS

6.1. Restoration Plan: Including, but not be limited to, general requirements, restoration for any damages to existing walls, ceiling, equipment, wires, or utilities during construction.

6.2. Submittal Register Schedule: The submittal register included with in the project specifications lists individual submittal sections with schedule and submittal descriptions. Submittal register shall be submitted prior commencing construction work.

6.3. Utility shutdowns. The contractor shall coordinate all utility with the contracting officer’s representative. Major utility shutdown will require 45 days advance notice to coordinate with facility.

6.4. Interim Life Safety Measures (ILSM). Contractor shall coordinate with the contracting officer’s representative, VA Safety Officer, VA Infection Control firm, to comply with any Interim Life Safety Measures required during construction. Life Safety Measures will include the following, at a minimum;

6.4.1 Providing and maintaining compliant fire/smoke barriers and sprinklers or heat detectors as needed during construction.

6.4.2 Ensuring that the equipment staging or lay down areas, if applicable, comply with applicable VAPAHCS safety requirements. Any staging or lay down areas and construction fencing must be coordinated between the general contractor and contracting officer’s representative.

6.5. Security Considerations. At no time will the vendor be in contact or have access to VA sensitive information. VA sensitive information procedures will be followed per VA Handbook 6500.6. The Contractor will adhere to VAAR 852.252-75, Security Requirements for Unclassified Information Technology Resources (Interim-October 2010).

6.6. Station Operations. The contractor shall generally perform all on-site visitation or work between the hours of 7:30 AM and 4:30 PM, Monday through Friday (Federal Holidays excluded), unless otherwise approved by the contracting officer’s representative. The contractor may be required to perform all or part of work elements involving significant noise or vibrations affecting nearby areas outside of these normal work hours, in order to avoid impacting daily operations.

6.7. For any activity that impacts to the facility operation, contractor shall perform such those activities after hours or on the weekends.

7. COORDINATION AND EXECUTION.

7.1. User Groups. The contractor will be required to work with the below user groups responsible for managing this project. The contractor is advised that only the contracting officer has authority to alter the contract once awarded, or to legally obligate the government pursuant to any changes in the scope of the project thereof.

7.1.1 Contracting Officer (CO): The CO shall be responsible for all contractual administration of this project. All transactions of a legal nature, including contractual agreements, amendments, change orders, etc. shall be approved and processed through the CO.

7.1.2 Contracting Officer’s Representative (COR): The COR shall be responsible for the construction management on behalf of the VA and will manage the project on a day- to-day basis to ensure that the project requirements are met from the notice to proceed through completion of the work and acceptance, according to project scope of work and construction documents or specifications.

7.2. Construction Administration

7.2.1 Project Schedule. After award of contract the contractor shall provide to the VA a detailed schedule of all project activities, including milestone dates and critical paths, as well as update such schedule if plans are modified during the project. Overall project schedule shall be broken to activities in which each activity shall have less than 20 workdays duration. Master schedule shall be updated and submitted monthly to the COR. Contractor shall also provide 3 weeks look ahead schedule weekly to the COR by COB on Monday. No work is allowed until master schedule is approved by the COR.

7.2.2 Schedule of Values. The contractor shall provide a schedule of values, along with the project schedule, which is aligned with the various activities of work. This schedule of values, if approved, may be used by the contracting officer’s representative as a basis for evaluating reviewing progress performance and payments. Schedule of values shall be broken into details to be aligned with overall project schedule. Schedule of values shall have 10% of overall project cost designated for punch walk and project close out.

7.2.3 Observation and Site Visits. The contracting officer’s representative and/or designated representatives may require access in order to monitor, observe, and review all aspects of the project to ensure compliance with the construction documents and other regulatory requirements.

7.2.4 Project Meetings and Inspections. The contractor shall be required to attend or provide a designated representative for coordinated field observation inspections for progress evaluations and reports, and other site visits as needed, including punch list or pre-final and final inspections. Such inspections may occur on a monthly basis, or more frequently as needed. The contracting officer’s or other designated representatives may inspect all aspects of the project in order to complete written progress reports, including the performance of work activities in the project schedule or schedule of values, and verification of the contractor’s compliance with applicable safety, infection control, or interim life safety requirements. Contractor shall attend weekly OAC meeting and is responsible for providing meeting minutes and agenda for each meeting.

7.2.5 Submittals. The contractor will be responsible to furnish submittals in accordance with the design specifications and submittals register. The contractor shall submit shop drawings, schedules, manufacturer's literature and data, and certificates in electronic format. Physical samples shall be shipped directly to the AE for inspection, and one sample furnished to the contracting officer’s representative for approval. Further details are provided in the project specifications for shop drawings and submittals.

7.2.6 RFIs and Change Orders. During construction the contractor may submit requests for additional information concerning the design or other aspects of the project; however, these must be submitted in writing. These must include, at a minimum, a description of or background information for the issue in question, as well as a complete impact assessment for any recommended changes. The contracting officer’s or designated AE representative will review, evaluate, and respond as required. Any proposed changes to the scope or deviations from the design documents may be submitted to the contracting officer’s representative for review and discussion, however any such changes to the contract or scope of the project must first be approved by the contracting officer in writing before implementation.

8. ABBREVIATIONS AND ACRONYMS

End of Section Table of Contents

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

SUBMISSION OF BIDS

The bidder shall submit the following documents in response to this Invitation for Bids:

(a) One (1) fully completed and signed Standard Form 1442, acknowledgment of all amendments either via entering data in block 19 of the SF1442 or, completing blocks 15 a, b, and c of the Amendment(s) (SF30’s) and returning with bid.

(b) One (1) fully completed Divisional Cost-Breakout Sheet

(c) One (1) original completed/signed SF24 Bid Bond with Raised Seals, and Power of Attorney as required.

(d) Documentation of Safety & Environmental Record

(e) Documentation of Experience Modification Rate (EMR) *Note: Bidders are responsible for insuring and verifying their bid and all required bid documents are received at the public bid opening address stated below by the date and time specified in block 13A of the SF 1442 Solicitation (subject to amendment).

*Note: Bidders are cautioned to carefully review System for Award Management regarding Representations and Certifications. See FAR 52.204-7, 52.204-8, 52.209-7 & 52.209-9 for specific instruction as needed.

*Note: Electronic bids have been authorized and shall be sent to Charee Harris via email charee.harris@va.gov.

INFORMATION FOR BIDDERS:

-Bids received after bid opening date and time will be rejected.

-Any exception to the terms and conditions of the IFB will result in a nonresponsive bid.

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

PROSPECTIVE CONTRACTORS’ RESPONSIBILITY: Purchases shall be made from, and contracts shall be awarded to, responsible prospective contactors only. The presumed winning bidder must be determined as “Responsible” by the Contracting Officer in accordance with FAR Part 9, Contractor Qualifications. To aid in making this determination, bidders shall provide, at bid-opening all documents as required under “Submission of Bids” above.

These documents will be reviewed promptly after bid-opening. This information, along with other information obtained from Government systems, such as the OSHA and EPA online inspection history databases will be used to make the Determination of Responsibility. Failure to affirm being within the guidelines below or submit this information may result in a determination of Non-Responsibility and make the bid ineligible for award. The Contracting Officer will obtain additional information as needed and specified in FAR 9.105-1 to make the Determination of Responsibility, to include, but not limited to the Federal Awardee Performance and Integrity Information System (FAPIIS), Excluded Parties List System (EPLS) and Past Performance Information Retrieval System (PPIRS).

PER VHA DIRECTIVE 7715 (06 April 2017): SAFETY & ENVIRONMENTAL RECORD AND EXPERIENCE MODIFICATION RATE (EMR): To be eligible for consideration and award, the contractor shall have no more than three serious, or one repeat, or one willful OSHA or EPA violation(s) in the past 3 years and have an EMR of equal to or less than 1.0.

All Bidders shall submit the following information pertaining to their past Safety & Environmental Record and EMR with their bid, on provided certification form.

1. SAFETY & ENVIRONMENTAL RECORD: A self-certification that the bidder has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or any EPA violation(s) in the past three years.

1. EMR: All bidders shall submit information regarding their current EMR. This information shall be obtained from the bidder’s insurance carrier and be furnished on the insurance carrier’s letterhead. Bidder will also enter the information on provided form.

BID OPENING:

**Note to bidders: Bids are due October 1, 2020 at 10:00 A.M. Pacific Time and shall be sent via email to charee.harris@va.gov.

Public Bid opening will be October 1, 2020 at 10:00 A.M. PST via Microsoft Teams. Participants may dial (872) 701-0185, conference ID 810-033-855# (subject to Amendment).

**Solicitation number and title must be written in the subject line of the email.

**Note to bidders: At the time of Bid Opening, an apparent low, responsive, responsible bidder will be selected; however, actual low bidder chosen for award shall be subject to verification and confirmation of required, submitted bid documents.

PRE-BID SITE VISIT: Bidders are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of performing construction services. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

See Provision 52.236-27 for specific information regarding the project pre-bid site visit.

This pre-bid site visit will be the only opportunity for potential bidders to visit the site.

All potential bidders, subcontractors, and suppliers are strongly encouraged to attend this pre-bid site visit.

REQUEST FOR INFORMATION (RFI): To obtain clarifications and/or additional information concerning the contract requirements or specifications, submit a written RFI utilizing the RFI Form included in this IFB, which is to be sent via email to charee.harris@va.gov. See RFI Form for specifics.

RFI’s will be responded to as necessary in amendment format which will be posted on FBO. Deadline for submission of RFIs for this IFB is 25 September 2020 at 10:00 AM PST. No questions will be answered after this date/time unless determined to be in the best interest of the Government as determined by the Contracting Officer. Telephone request for information will not be accepted or returned.

PLANS/SPECIFICATIONS/DRAWINGS: Drawings and specifications are attached in electronic format to this solicitation. Bidders are responsible for downloading and printing their own bid sets. The VA will not provide hard copies of the drawings and specifications to any bidder. Contractors are responsible for ensuring that any construction document package used for bidding or construction is complete and up to date.

TRAINING: All employees of the general contractor and subcontractors shall have the 10-hour OSHA certified construction safety course and/or other relevant competency training, as determined by the COR with input from the ICRA (Infection Control Risk Assessment) team. The General Contractor’s Competent Person/Superintendent shall have completed the 30-hour OSHA certified construction safety course. Documentation of training shall be submitted to the Contracting Officer for review and approval prior to any work being performed. No ID badge will be issued to an employee who does not provide this documentation. There shall be no exceptions to this requirement.

PREPARATION OF BIDS: The Federal Government will NOT pay for any costs incurred in preparation and submission of bids.

PRIVACY AND CONFIDENTIALITY: Contractors to the Department of Veteran Affairs may be unintentionally exposed to sensitive information. Information may be overheard, seen on documents or electronic devices, or observed that could potentially violate the privacy and confidentiality of our veterans, employees, volunteers, and their families. Regulations such as, but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Freedom of Information Act (FOIA) and Privacy Act of 1974 have been enacted to protect sensitive information from being improperly disclosed. Information should not be divulged or released to anyone unless specifically authorized by this contract or its’ attached documents in accordance with the contracted services. Failure to comply with applicable statutes and regulation can result in the termination of this contract and civil and criminal penalties, including fines and imprisonment. All suspected or actual breeches of privacy and confidentiality should be reported immediately to the Contracting Officer, Contracting Officer’s Representative (COR) or the Facility Privacy Officer.

The C&A requirements do not apply, and a Security Accreditation Package is not required. If the contractor opts to use a computer or computer system for processing contract documents, the requirements of FIPS 140-2 for encryption of contract documents must be met.

Contract Opportunities: Federal Acquisition Regulations require that federal contractors register in the Contract Opportunities database (replaced SAM) at https://beta.sam.gov/ and enter all mandatory information into the system. Award cannot be made until the contractor has registered. Bidders are encouraged to ensure that they are registered in Contract Opportunities prior to submitting their bid.

ADDITIONAL VETBIZ INFORMATION:

(a) Eligibility of SDVOSBs continues to be governed by the Small Business Administration regulations, 13 CFR subparts 125.8 through 125.13, as well as the FAR, except where expressly directed otherwise by the VAAR, and 38 CFR verification regulations for SDVOSBs.

(b) At the time of submission of offer, the offeror must represent to the contracting officer that it is a—

(1) SDVOSB concern

(2) Small business concern under the North American Industry Classification System (NAICS) code assigned to the acquisition; and

(3) Verified for eligibility in the VIP database.

(c) A joint venture may be considered an SDVOSB or VOSB concern if

(1) At least one member of the joint venture is an SDVOSB or VOSB concern, and makes the representations in paragraph (b) of this section;

(2) Each other concern is small under the size standard corresponding to the NAICS code assigned to the procurement;

(3) The joint venture meets the requirements of paragraph 7 of the size standard explanation of affiliates in FAR 19.101; and

(4) The joint venture meets the requirements of 13 CFR 125.15(b), modified to include Veteran-owned small businesses where this CFR section refers to SDVOSB concerns.

(d) Any SDVOSB or VOSB concern (nonmanufacturer) must meet the requirements in FAR 19.102(f) to receive a benefit under this program.

JOINT VENTURES: See 13 C.F.R. § 121.103

(h) Affiliation based on joint ventures: A joint venture is an association of individuals and/or concerns with interests in any degree or proportion consorting to engage in and carry out no more than three specific or limited-purpose business ventures for joint profit over a two year period, for which purpose they combine their efforts, property, money, skill, or knowledge, but not on a continuing or permanent basis for conducting business generally.

This means that a specific joint venture entity generally may not be awarded more than three contracts over a two-year period, starting from the date of the award of the first contract, without the partners to the joint venture being deemed affiliated for all purposes. Once a joint venture receives one contract, SBA will determine compliance with the three awards in two years rule for future awards as of the date of initial offer including price.

As such, an individual joint venture may be awarded more than three contracts without SBA finding general affiliation between the joint venture partners where the joint venture had received two or fewer contracts as of the date it submitted one or more additional offers which thereafter result in one or more additional contract awards. The same two (or more) entities may create additional joint ventures, and each new joint venture entity may be awarded up to three contracts in accordance with this section. At some point, however, such a longstanding inter-relationship or contractual dependence between the same joint venture partners will lead to a finding of general affiliation between and among them.

For purposes of this provision and in order to facilitate tracking of the number of contract awards made to a joint venture, a joint venture must be in writing and must do business under its own name, and it may (but need not) be in the form of a separate legal entity, and if it is a separate legal entity it may (but need not) be populated (i.e., have its own separate employees). SBA may also determine that the relationship between a prime contractor and its subcontractor is a joint venture, and that affiliation between the two exists, pursuant to paragraph (h)(4) of this section.

NOTICE TO PROCEED (NTP): A notice to proceed shall be issued after award of a fully executed contract. The NTP date and time “to be determined” after award to a successful bidder. Primary factor in determination to issue NTP shall be the Prime Contractor submission of, and the Government review and approval of both Payment and Performance Bonds, both of which are enforceable legal documents.

SOLICITATION AUTHORITY: This Invitation for Bid (IFB) is conducted under FAR Part 14 - Sealed Bidding, where firms are bidders and shall submit bids. References to RFP and Bidder’s, in technical specification sections and technical drawings are strictly coincidental and strictly for purposes of administrative convenience and efficiency. The Contracting Officer exercises final authority over all aspects of this IFB and any resultant contract.

SOLICITATION CLAUSES AND PROVISIONS : Please note that this IFB, and any resultant contract, and all clauses and provisions located there, supersede and contain final authority. Those clauses and provisions that may be referenced in IFB technical specification sections and technical drawings are strictly coincidental and for purposes of administrative convenience and efficiency.

SOLICITATION DEFINITIONS: Throughout this IFB, and any resultant contract, the terms Contracting Officer's Technical Representative (COTR), Contracting Officer's Representative (COR), Project Engineer (PE), Resident Engineer (RE), and Project Manager (PM), all denote the same engineering official and may be used equally and interchangeably as described by the Contracting Officer (CO).

BRAND NAME OR EQUAL: The IFB may include the salient characteristics of the “or equal” aspect for determination of what is equal to any cited brand name. See FAR 52.211-6 for “brand name or equal” information. This is an extremely long, detailed, and comprehensive IFB, including all specifications and drawings. Please note that, wherever a brand name is cited, contractor shall ensure, in any resultant contract, that any equal has the salient characteristics of the brand name. Lack of confirmation shall be grounds for Government inspection at any time and Government direction for replacement of materials or equipment by the Contractor at no increase in contract price or time.

WORKDAYS AND HOURS

Normal workdays and hours for this project is 07:30 AM – 4:00 PM Monday - Friday. Access to the work site may be restricted to these hours and days. Work during other than normal workdays and hours may be required, but days and hours must still be coordinated in advance with the Contracting Officer through the COR.

FEDERAL HOLIDAYS ARE:

New Year's Day Labor Day Martin Luther King Day Columbus Day Presidents' Day Veterans' Day Memorial Day Thanksgiving Independence Day Christmas

**KEY PERSONNEL

In connection with this Solicitation and any resultant contract, any in-house personnel, subcontractors, and outside associates or consultants will be limited to individuals or firms that were specifically identified in the Contractor's accepted Offer / Bid. The Contractor shall obtain the Contracting Officer's written consent before making any substitution for these designated in-house personnel, subcontractors, associates, or consultants. If the Contractor proposes a substitution, it shall submit the same type of information that was submitted in the accepted Offer / Bid to the Contracting Officer for evaluation and approval. The level of qualifications and experience submitted in the accepted Offer Bid or that required by the Solicitation, whichever is greater, is the minimum standard for any substitution.

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 Sunnyvale, Santa Clara County, state of California.

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

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

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

(c) Evaluation of offers.

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

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.5 52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

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

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

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

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

(End of Provision)

2.6 52.233-2 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:

Charee Harris Hand-Carried Address:

Department of Veterans Affairs Network Contracting Office 21 (NCO 21) 975 Kirman Avenue Reno, NV 89502 Mailing Address:

Department of Veterans Affairs Network Contracting Office 21 (NCO 21) 975 Kirman Avenue Reno, NV 89502

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

(End of Provision)

2.7 52.236-27 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— Wednesday, September 2, 2020 at 10:00 AM Pacific Time.

(c) Participants will meet at— See above VA Palo Alto Healthcare System, 1080 Innovation Way, Sunnyvale, California 94089 Please have appropriate PPE for this visit in accordance with local COVID19 guidelines.

(End of Provision)

2.8 52.246-26 REPORTING NONCONFORMING ITEMS (JUN 2020)

(a) Definitions. As used in this clause— Common item means an item that has multiple applications versus a single or peculiar application.

Counterfeit item means an unlawful or unauthorized reproduction, substitution, or alteration that has been knowingly mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified item from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitution includes used items represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.

Critical item means an item, the failure of which is likely to result in hazardous or unsafe conditions for individuals using, maintaining, or depending upon the item; or is likely to prevent performance of a vital agency mission.

Crit…