36C26121R0072 Original Solicitation.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.

36C26121R0072

X 07-09-2021

654-21-2-6335-0017 654-21-3-6335-0031 654-20-141/17-713 36C261 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) Network Contracting Office 21 975 Kirman Avenue Reno NV 89502-2597 Electronic proposals have been authorized and shall be sent to Charee Harris via email to charee.harris@va.gov with subject line: Proposal Response 36C26121R000072 Charee Harris 775-788-5511 Project: 654-20-141 Mental Health EOC Compliance and 654-17-713 Mental Health Doors and Frames NAICS Code: 236220 Commercial and Institutional Building Construction Small Business Size Standard: $39.5M IAW VAAR 836.204, magnitude of construction is between $1,00,000.00 and $2,000,000.00.

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 renovate the Mental Health Ward to comply with Environment of Care Standards per the Statement of Work, Specifications, and drawings.

Place of performance is 975 Kirman Avenue, Reno, Nevada 89502

Site Visit: A site visit is scheduled for Thursday, July 15, 2021 at 9:30 AM Pacific Time.

Participants will meet at VASNHCS 975 Kirman Avenue, Flagpole, Reno Nevada 89502.

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 requirement will be awarded in accordance with FAR Part 15 Contract by Negotiaton Best Value Tradeoff (BVTO)

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

Bid, Payment and Performance bonds are required.

This solicitation is for two projects in the same space. Please provide a price division cost sheet for project 654-20-117 Mental Health EOC Compliance and 654-17-713 Doors and Frames. See Attachment for 654-17-713 for government furnished property.

X X

52.211-10 X

Zero (0) 10:00

PDT

08-09-2021 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 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

SCOPE OF WORK

EXECUTIVE SUMMARY:

A. PROJECT DESCRIPTION: Provide complete construction services for interior upgrades to Inpatient mental health ward. The building and ward will be occupied during the period of performance of this work. The interior upgrades include: Security Glazing, Patient Restroom renovation, HVAC, Utility Work Under floor, High Security Finishes, Door and Hardware with Anti Ligature Alarms, Security CCTV, Electrical and Tele-Data Modifications, Interior Finishes and all related installation components required to make a complete finished system in compliance with the awarded documentation. The entire construction package is to be considered as a whole document and all parts must be reviewed and incorporated as applicable into the final product by the contractor.

Selective Demolition shall be required to integrally connect the new work to the existing structure. Contractor shall completely prepare site for building operations, establishing infection controls, Interim Life Safety Measures, including demolition and removal of existing structures, and furnish labor and material and perform construction of the Inpatient Mental Health Corrections, located at building 12 975 Kirman Ave Reno Nevada 89704 and as further detailed and required by the construction documents and specifications.

All work on this project is to be completed in a phase like approach as shown in the drawings and specifications to minimize the impact to the sensitive nature of the resident population. For bidding purposes, only one phase area will be closed for construction at a time before the contractor can move to the next phase.

There is no laydown area or contractor parking at the facility. There is no available space for dumpsters or containers on site and it is the responsibility of the winning bidder to coordinate with the City of Reno to obtain curb space approval if this is desired. (https://www.reno.gov/government/departments/public-works/forms-publications/encroachment-excavation-permits)

The Federal Government, State of Nevada and the County of Washoe have public health guidance regarding COVID -19 and the specific requirements to maintain both the safety of the patient/staff population but the contractors’ staff as well. It is the responsibility of the contractor to provide for and comply with the requirements.

COVID References:

https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-order-protecting-the-federal-workforce-and-requiring-mask-wearing/ https://nvhealthresponse.nv.gov/ https://www.washoecounty.us/health/programs-and-services/environmental-health/covid-19-guidance/index.php

B. PROJECT CONSTRUCTION SCHEDULE: Construction services for Project shall be completed within 275 calendar days from “Notice to Proceed” (NTP).

Scope of Work – Index:

This document contains information and minimal submission requirements for the construction services as required by the Architectural and Engineering construction documents and as specified in the construction contract. The Construction Contractor shall provide construction services as outlined in this Statement of Work document. Construction services shall be provided to the VASNHCS, located at 975 Kirman Ave Reno Nevada 89704, all in accordance with this SOW and contract terms and conditions.

1) Project Purpose and Description: Under this Project, a qualified construction firm will be selected and hired to provide comprehensive services, including complete construction and support services as described herein:

A. Description:

i) Visits to the Site: Bidders may visit the site by appointment with the Medical Center Project Manager/Contracting Officer Representative. A pre-bid walk through will be scheduled to allow a single visit for all interested bidders a minimum of 30 days prior to bid submission deadline.

ii) Offices of the Architect: The architect for this project is SPUR Design 11020 King St Suite 350 Overland Park KS 66210 (405) 842-6100. The Architect and his selected engineering consultants shall render certain technical services during construction. Such services shall be considered as advisory to the Government and shall not be construed as expressing or implying a contractual act of the Government without affirmations by the Contracting Officer and his/her duly authorized representative.

iii) VA Security Measures: All employees of the general contractor and subcontractors shall comply with the VA security management program and obtain permission of the VA police, be identified by project and employer, and restricted from unauthorized access.

iv) OSHA Certification: Prior to commencing work, general contractor shall provide proof that an OSHA certified “Competent Person” (CP) (29 CFR 1926.20 (b) (2) will maintain a presence at the work site whenever the general or subcontractors are present.

v) Rules of the Station: Comply with requirements as indicated in Attachment 1, Rules of the Station.

vi) Contractor Training Requirements:

1. All employees of the general contractor or subcontractors shall have the 10-hour OSHA certified Construction Safety course and/or other relevant competency training, as determined by VA CP with input from the ICRA team.

2. Submit training records of all such employees for approval before the start of work.

2) Statement of Bid Items:

A. Basic Bid Item No. 1: All interior renovation, and site improvements as shown on the contract documents.

3) Site Conditions, Code Compliance:

A) Construction Documents: Construct the Project by using A/E produced construction document dimensions and field verifying site conditions. The Contractor shall not rely solely on A/E construction drawings.

B) Codes and Design Standards: Contractor shall bring to the attention of VA any code requirements that may be in question during the construction of the project. The intent is to ensure that the Project meets all current IBC, local, federal, and VA codes, standards, regulations, and ADA requirements. These may include, but are not limited to, architectural, structural, mechanical, electrical, fire, and life safety codes. The AE and VA are required to follow the most stringent and current rules, codes, standards, and regulations; therefore, the AE shall also review all such applicable codes, industry design guides, standards, regulations and policies.

C) As Built Documents submission: Contractor shall maintain current as built documents on site throughout the construction period and turn over to A/E at completion of construction for a final set to be delivered to VA by A/E.

4) VA Team:

A. Contractor will work with the following VA personnel managing this Project:

i) Contracting Officer (CO): The CO shall be responsible for the 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.

ii) Contracting Officer’s Representative (COR): The COR shall be responsible for project management on behalf of the VA and will manage this Project on a day-to-day basis to ensure that that the Project requirements are met through construction according to this Scope of Work and the final construction documents. The primary Technical Point of Contact (POC) and Contracting Officer’s Representative (COR) is Kevin Brun (775) 789-6670; kevin.brun@va.gov.

iii) Architect and Engineer (A/E): The Architect and associated Engineering consultants shall also monitor work progress, assist COR & CO in verification of work completed and review contractor monthly payment requests and product submittals.

5) Abbreviations and Acronyms:

6) Appendix 1 Information Security (VA Handbook 6500.6)

CLIN 0001

End of Statement of Work CLIN 0001

STATEMENT OF WORK FOR

CONSTRUCTION SERVICES

PROJECT TITLE: Inpatient Mental Health EOC Compliance

PROJECT NO: 654-17-713

Line Item: Add Doors and Frames

CLIN 0002

VA SIERRA NEVADA HEALTH CARE SYSTEM RENO, NEVADA

Project Points of Contact

Project Engineer: Benjamin Snaza, 775-789-6682, benjamin.snaza@va.gov

Contracting Officer: Charee Harris, 775-788-5511, charee.harris@va.gov

CLIN 0002

** Please See the full statement of work with the list of Government Furnished Property which is listed in the attachments.

STATEMENT OF WORK

GENERAL:

1. Provide professional construction services to remodel designated space to allow installation of new patient doors and frames and doors. The new doors shall have the existing anti-ligature removed and reinstalled. The bottom door alarm as outlined in the bid documents will remain as a part of this work.

2. The work will include all equipment and labor to provide the VA with finished spaces at project completion.

3. The contractor shall furnish all services, materials, equipment, and supervision as required in connection with this Statement of Work.

4. All work is located at 975 Kirman Ave. Reno, NV 89502.

SCOPE:

1. The general scope of work is to include all material, labor, and oversight to install a functioning complete system. The contractor shall coordinate with Rodney Allison of Door Control Services, see contact information below.

2. The general contractor shall use the services of a certified installer for Door Control Services. The contractor shall preserve the existing equipment warranty.

3. Only a certified installer of Door Control Services shall alter, remove, or reinstall items related to the anti-ligature alarm system.

4. The general contractor shall budget for the necessary number of trips for the certified installer to remove and reinstall the door alarm system.

5. The existing door frames and doors on the following rooms will be removed and replaced: 127, 131, 135, 137, 143, 146, 147, 149, 150, 192, 194, 200, 204, 206, and 208.

6. The material for the doors, frames, and hardware will be Government provided and contractor installed.

7. See the attached equipment list for included door hardware.

8. The bottom door alarms per the original bid drawings will remain, see sheet E-106A.

9. The contractor shall repair/ replace and match existing finishes where damaged.

10. The added work for the doors and frames shall be integrated into the construction phasing plan as shown on GI302.

ADMINISTRATIVE

1. Proposal. The Contractor shall thoroughly review the scope. The proposal shall be prepared to reflect all work required to provide a complete system.

ATTACHMENTS

1. Anti-Ligature Door Alarm Contact:

Rodney Allison, Director of Behavioral Health Services Door Control Services 225 VZ County Road 4500, Ben Wheeler, TX 75754

(888) 833-7857 (p) | (903) 521-7781 (m) | (903) 833-1177 (d) RAllison@DoorControlServices.com | www.doorcontrolservices.com

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

AMOUNT

Mental Health EOC

Doors and Frames

Table of Contents

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

INSTRUCTIONS TO OFFERORS

INSTRUCTIONS FOR SUBMITTING QUESTIONS REGARDING SOLICITATION

Questions regarding this Request for Proposal (RFP) shall be submitted in writing in WORD format via electronic mail to charee.harris@va.gov by no later than Tuesday, August 3, 2021, 10:00 AM Pacific Time. Questions shall reference the drawing/detail and/or the specification section including paragraph number. Verbal queries will not be entertained. Responses to the properly submitted questions will be provided in the form of an Amendment. The Government may not respond to questions submitted less than 5 days before the proposal receipt due date.

PART II. EVALUATION FACTORS AND BASIS OF AWARD

BASIS OF AWARD

The term “technical factors” refers to any non-price factor. In making the best-value award decision, the Government will consider Factor 1 – Technical, Factor 2 – Schedule Phasing Management Factor 3 – Past Performance and Factor 4 - Cost/Price.

The contract resulting from this solicitation will be awarded to the responsible offeror whose offer, conforming to the solicitation, is determined to be the most advantageous to the Government considering price and non-price evaluation factors. Award may be made to other than the lowest priced offeror or other than the highest non-price rated offeror. Best Value Trade Off (BVTO) evaluation method will be used to determine the proposal offering the best value to the Government. In determining the best value to the Government, the Government need not quantify the tradeoffs that led to the best value decision. The responsibility determination will include the offerors safety/EMR and past performance evaluations.

REQUEST FOR PROPOSAL EVALUATON CRITERIA

Definitions for use with the evaluation factor:

· Size is defined as any project over $1,000,000.00 dollars.

· Complexity is defined as a construction project that includes several specialty trades.

· Scope is defined as work closely related to activities outlined in the Statement of Work.

· Recency is defined as a project completed in the last three (3) calendar years.

· Relevancy is defined for purposes of this evaluation as work in an active patient care environment, that relies heavily on phasing and coordination with medical staff to clear workspaces in accordance with the contractor’s proposed schedule.

NON-PRICE FACTOR 1 – Technical:

Provide information of relevant and recent experience on construction contracts of comparable size, scope and complexity within the last three calendar years as described herein. The Offeror shall complete the attached Factor 1 Spreadsheet (Attachment A), which is structured to allow entry of up to 4 projects total. Use of the spreadsheet and all information therein is MANDATORY and SHALL be used to evaluate experience. The Government will evaluate only the information provided in the spreadsheet and all other information provided will not be considered. The Offeror may expand individual cells within the spreadsheet. Technical proposals that do not comply with these requirements WILL NOT be evaluated.

Submit a minimum of two (2) and a maximum of four (4) projects completed that demonstrate the experience and capability of the prime construction contractor; projects must be recent, relevant, and similar in size, scope, and complexity as the project stated in this RFP.

The basis of evaluation will include the offeror’s demonstrated experience and depth of experience in performing construction projects as defined in the solicitation submittal requirements that are recent and relevant and similar size, scope and complexity. The assessment of the offeror’s relevant experience will be used as a means of evaluating the capability of the offeror to successfully meet the requirements of the solicitation. Offeror’s projects will be rated to achieve an overall factor rating. Offerors that have demonstrated construction experience that is recent and relevant; that were for projects completed within the initial stated period of performance; and/or were for projects completed within the VISN 21 geographical area or other VISNs within the VA may be rated more favorably. Recent and Relevant incorporates construction projects in progress that are at least 75% completed based on progress payments or completed projects in the last five (5) years.

Factor 2 – Schedule/Phasing: Contractor is to provide a schedule that clearly demonstrates the phasing criteria of this project and provide a synopsis as to how they propose to complete the work in the period of performance of 275 days.

Factor 3 – Past Performance Factor 4 – Price:

Price will be evaluated separately from Technical factors.

(a) Price will be evaluated in accordance with FAR 15.404-1(b).

(b) Vendors shall complete and submit with proposal Attachment B - Price Breakdown.

PART III. PROPOSAL SUBMISSION REQUIREMENTS

All proposals shall be submitted in five (5) parts, each part in a separate electronic file:

1. Technical Proposal (Attachment A – Experience)

2. Price Proposal (Completed SF 1442 and Attachment B – Price Breakdown)

3. Bid Guarantee (scanned with raised seals visible)

4. Safety/EMR documentation (Attachment C – Contractor Certification RE Safety and EMR).

5. Schedule (Attachment D) – A schedule which demonstrates the understanding of the phasing work.

Proposals shall be emailed to charee.harris@va.gov with the title 36C26121R0072 Mental Health EOC All pages containing text shall be consecutively numbered, type-written to fit paper size indicated in each factor. Submissions shall be made electronically. All technical proposals shall be compatible with Microsoft Office 2010 Microsoft Word or PDF format.

It is the offeror’s responsibility to insure the completeness of the proposal. The evaluation panel for the Government may evaluate solely on the information provided in the initial proposal and will not assume that an offeror possesses any capability that is not specifically identified in the proposal.

Only one technical proposal will be evaluated for each offeror. Alternate methods of accomplishing the work required by this solicitation will not be evaluated.

The VA will NOT pay contractors or its subcontractors for any costs incurred in the preparation and submission of their offer.

******************NOTES*************************

UPDATED NOTES ON NURSE CALL:

The RFP did state that the contractor is to provide new Responder 5 nurse call push buttons. These buttons will not work with that current system. Biomed has recently signed a contract to replace the system.

The contractor is to delete the nurse call equipment and installation from their offer; however, the contractor is responsible for providing the new conduit and rough-in box for the new nurse call.

SOLICITATION NOTES:

Under subject Solicitation, for any resultant Award, it should be noted that any in-house personnel, subcontractors, outside associates, or consultants shall be limited to individuals or firms that were specifically identified in the Contractor's accepted Offer (An Offer at minimum must consist of Price Proposal, Technical Proposal, Past Performance Information approved by Source Selection Authority (SSA)). The Contractor shall obtain the Contracting Officer's written approval before making any substitution for these designated in-house personnel, subcontractors, outside associates, or consultants. If the Contractor proposes a substitution, it shall submit the same type of information that was submitted in the accepted Offer to the Contracting Officer for evaluation and approval. The level of qualifications and experience submitted in the accepted Offer, or the level required by and mandated in the Solicitation, whichever is greater, is the minimum standard for any substitution.

2.1 52.211-6 BRAND NAME OR EQUAL (AUG 1999)

(a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation.

(b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must—

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation.

(2) Clearly identify the item by—

(i) Brand name, if any; and

(ii) Make or model number.

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation.

(End of Provision)

2.2 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)

2.3 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)

2.4 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 Reno, Washoe County, state of Nevada.

2.5 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)

2.6 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)

2.7 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021)

(a) Offerors shall obtain from each person acting as an individual surety on a bid guarantee—

(1) A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203–1; and

(2) Standard Form 28, Affidavit of Individual Surety.

(b) The Offeror shall include with its offer the information required at paragraph (a) of this provision within the timeframe specified in the provision at FAR 52.228–1, Bid Guarantee, or as otherwise established by the Contracting Officer.

(c) The Contracting Officer may release the security interest on the individual surety’s assets in support of a bid guarantee based upon evidence that the offer supported by the individual surety will not result in contract award.

(End of Provision)

2.8 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)

2.9 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— Thursday, July 15, 2021 at 9:30 A.M. Pacific Time.

(c) Participants will meet at— Participants will meet at the VA Sierra Nevada Healthcare System, 975 Kirman Avenue, Flagpole at front of hospital, 975 Kirman Avenue, Reno, Nevada 89502.

(End of Provision)

2.10 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.

Critical nonconformance means a nonconformance that is likely to result in hazardous or unsafe conditions for individuals using, maintaining, or depending upon the supplies or services; or is likely to prevent performance of a vital agency mission.

Design activity means an organization, Government or contractor, that has responsibility for the design and configuration of an item, including the preparation or maintenance of design documents. Design activity could be the original organization, or an organization to which design responsibility has been transferred.

Major nonconformance means a nonconformance, other than critical, that is likely to result in failure of the supplies or services, or to materially reduce the usability of the supplies or services for their intended purpose.

Suspect counterfeit item means an item for which credible evidence (including but not limited to, visual inspection or testing) provides reasonable doubt that the item is authentic.

(b) The Contractor shall—

(1) Screen Government-Industry Data Exchange Program (GIDEP) reports, available at www.gidep.org, as a part of the Contractor’s inspection system or program for the control of quality, to avoid the use and delivery of counterfeit or suspect counterfeit items or delivery of items that contain a major or critical nonconformance. This requirement does not apply if the Contractor is a foreign corporation or partnership that does not have an office, place of business, or fiscal paying agent in the United States.

(2) Provide written notification to the Contracting Officer within 60 days of becoming aware or having reason to suspect, such as through inspection, testing, record review, or notification from another source (e.g., seller, customer, third party) that any end item, component, subassembly, part, or material contained in supplies purchased by the Contractor for delivery to, or for, the Government is counterfeit or suspect counterfeit;

(3) Retain counterfeit or suspect counterfeit items in its possession at the time of discovery until disposition instructions have been provided by the Contracting Officer; and

(4) Except as provided in paragraph (c) of this clause, submit a report to GIDEP at www.gidep.org within 60 days of becoming aware or having reason to suspect, such as through inspection, testing, record review, or notification from another source (e.g., seller, customer, third party) that an item purchased by the Contractor for delivery to, or for, the Government is—

(i) A counterfeit or suspect counterfeit item; or

(ii) A common item that has a major or critical nonconformance.

(c) The Contractor shall not submit a report as required by paragraph (b)(4) of this clause, if—

(1) The Contractor is a foreign corporation or partnership that does not have an office, place of business, or fiscal paying agent in the United States.

(2) The Contractor is aware that the counterfeit, suspect counterfeit, or nonconforming item is the subject of an ongoing criminal investigation, unless the report is approved by the cognizant law enforcement agency; or

(3) For nonconforming items other than counterfeit or suspect counterfeit items, it can be confirmed that the organization where the defect was generated (e.g., original component manufacturer, original equipment manufacturer, aftermarket manufacturer, or distributor that alters item properties or configuration) has not released the item to more than one customer.

(d) Reports submitted in accordance with paragraph (b)(4) of this clause shall not include—

(1) Trade secrets or confidential commercial or financial information protected under the Trade Secrets Act (18 U.S.C. 1905); or

(2) Any other information prohibited from disclosure by statute or regulation.

(e) Additional guidance on the use of GIDEP is provided at http://www.gidep.org/about/opmanual/opmanual.htm.

(f) If this is a contract with the Department of Defense, as provided in paragraph (c)(5) of section 818 of the National Defense Authorization Act for Fiscal Year 2012 (Pub. L. 112–81), the Contractor or subcontractor that provides a written report or notification under this clause that the end item, component, part, or material contained electronic parts (i.e., an integrated circuit, a discrete electronic component (including, but not limited to, a transistor, capacitor, resistor, or diode), or a circuit assembly) that are counterfeit electronic parts or suspect counterfeit electronic parts shall not be subject to civil liability on the basis of such reporting, provided that the Contractor or any subcontractor made a reasonable effort to determine that the report was factual.

(g) Subcontracts.

(1) Except as provided in paragraph (g)(2) of this clause, the Contractor shall insert this clause, including this paragraph (g), in subcontracts that are for—

(i) Items subject to higher-level quality standards in accordance with the clause at FAR 52.246–11, Higher-Level Contract Quality Requirement.

(ii) Items that the Contractor determines to be critical items for which use of the clause is appropriate.

(iii) Electronic parts or end items, components, parts, or materials containing electronic parts, whether or not covered in paragraph (g)(1)(i) or (ii) of this clause, if the subcontract exceeds the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award, and this contract is by, or for, the Department of Defense (as required by paragraph (c)(4) of section 818 of the National Defense Authorization Act for Fiscal Year 2012 (Pub. L. 112–81)); or

(iv) For the acquisition of services, if the subcontractor will furnish, as part of the service, any items that meet the criteria specified in paragraphs (g)(1)(i) through (g)(1)(iii) of this clause.

(2) The Contractor shall not insert the clause in subcontracts for—

(i) Commercial items; or

(ii) Medical devices that are subject to the Food and Drug Administration reporting requirements at 21 CFR 803.

(3) The Contractor shall not alter the clause other than to identify the appropriate parties.

(End of Clause)

2.11 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer.