36C26123R0099 - E Wing HVAC Upgrade.docx

NCO 21 MACC – Group 2 Task Order Proposal Request

Description: E Wing HVAC Upgrade

Place of Performance:

459 Patterson Rd Honolulu, HI 96819

NOTICE TO VETERANS INTGRATED SERVICE NETWORK 21 (VISN 21)

MULTIPLE AWARD CONSTRUCTION CONTRACT (MACC) HOLDERS

Description: The resulting solicitation is a Task Order Proposal Request. Proposals will only be requested and accepted from contractors who were awarded a Veterans Integrated Service Network 21 (VISN 21) Multiple-Award Construction Contract (MACC) from Network Contracting Office 21 (NCO 21).

Point of Contact: Craig Armstrong; craig.armstrong2@va.gov

Project specifications and all associated project documents shall be incorporated into the Task Order Bid Request which shall be posted electronically through https://sam.gov

The following firms are eligible for award of the resulting task order:

MACC GROUP 2

**Any offers received from contractors not mentioned above will not be accepted.

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.

2 of

36C26123R0099

X 10-02-2023

459-24-1-873-0002

459-20-002 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Pacific Islands Health Care System 711 Kapiolani Blvd Suite 200 Honolulu HI 96813 Department of Veterans Affairs

NETWORK CONTRACTING OFFICE (NCO21)

VA Pacific Islands Health Care System 711 Kapiolani Blvd Suite 200 Honolulu HI 96813 Craig Armstrong 808-835-9686 Upgrade E-Wing HVAC System Project Number: 459-20-002 Provide professional construction services to replace four (4) aged indoor air handling units.

The work shall include all equipment, labor, material, testing/certification, demolition, disposal, and new construction.

Place of performance: Tripler Army Medical Center, 459 Patterson Road, Honolulu, HI 96819

Site Visit: Tuesday October 17, 2023, at 10:00 AM HST.

NAICS 236220 (Commercial and Institutional Building Construction - $45M)

This procurement has been 100% set aside for SDVOSB under the VISN 21 MACC Group 2 Offers shall be valid for at least 30 days.

IAW VAAR 836.204: Disclosure of magnitude is between $2,000,000 and $5,000,000.

Bid, performance and payment bonds will be required.

Wage Determination - HI20230001 applies.

X X

52.211-10 X

10 Days 10:00 am HST

11-09-2023 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 Pacific Islands Health Care System 711 Kapiolani Blvd Suite 200 Honolulu HI 96813 Department of Veterans Affairs FMS VA-9(101) Financial Services Center

PO Box 149971 Austin TX 78714-9971 866-372-1141 vafscenterprisesupport@va

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

SCOPE OF WORK (SOW):

The Contractor shall provide complete construction services for Project No: 459-20-002, at Ambulatory Care Clinic (ACC), building 30 at the VA Pacific Islands Health Care System (VAPICS), located at Tripler Army Medical Center, 459 Patterson Road, Honolulu, HI 96819. In accordance with the attached Bases of Design, Specifications, and drawings.

The scope of this project and the objectives of the VA are as follows:

a) This Project will replace four (4) aged indoor air handling units currently serving the E-Wing of Tripler Army Medical Center of Honolulu, Hawaii, as well as related scope impacts such as mechanical piping, electrical, fire protection, and architectural. All spaces served by the Air Handling Units are administrative office type space. No patient care spaces are served by the Air Handling Units. See plans for areas served by Air Handing Units.

b) Work shall be phased per unit with temporary cooling provided as noted. Existing ductwork shall be demolished to locations shown on plans. Existing cooling and condensate piping, fire sprinkler pipe, power feeds, shall be demolished to locations shown on plans. The four air handling units shall be replaced with new utility connections.

c) The four (4) air handling units are located within their respective mechanical rooms. Four existing air handling units shall be demolished and discarded. General unit summary: Airflows range from 19,000 cfm to 28,000 cfm, have chilled water coils, filters, belt driven fans, variable frequency drive (VFD) controlled.

d) Per VA HVAC Design Manual, the replacement Air Handling Units include an additional 5% capacity. Airflows range between 20,000 cfm to 29,000 cfm. New ductwork shall be installed from air handling unit to existing connections within the mechanical rooms. Clean all ductwork prior to final installation. New cooling piping installed from new air handling unit to existing locations. New fire sprinkler piping shall be installed around air handler and ductwork. Controls and power connections shall be new from existing network and power panels. Install per VA Design Manual for HVAC and Plumbing and all referenced codes and standards therewithin. Architecture/Engineering design based on Trane equipment. Any equipment offered in proposals shall be compatible with existing Trane Tracer Summit controls.

1. Contractor shall conduct TB risk assessment and provide documentation that employee(s) have been cleared to work at VAPIHCS facility. This will be of no cost to the Federal Government. Documentation should be sent directly to VAPIHCS Construction Safety Officer.

2. Infections Controls measures shall be put in place. Infection Control Risk Assessment shall be done with the contractor and Contracting Officer Representative.

3. Interim Life Safety Measures shall put in place where there is egress blocked, fire alarm is inactive during work, and fire watch in place when contractor deactivates fire alarm system. Before conducting any of the work that affects the fire alarm system, a site walk must be scheduled with the COR and a minimum of two-week notification will be required prior to any work with the fire alarm system.

4. Contractor shall provide Accident Prevention Plan (APP). APP shall follow Specification Section 01 35 26 Safety Requirements.

5. The Contractor shall coordinate with Contracting Officer Representative (COR). Work may commence during normal business hours. Normal business hours are 7:00 am to 5 pm weekdays Monday to Friday. Weekend work will be required when crane activities are being conducted and when extended shut down is required.

6. Period of Performance is 270 working days.

NARA Records Management Language for Contracts (May 2017):

https://www.archives.gov/records-mgmt/handbook/records-mgmt-language.html

RECORDS MANAGEMENT OBLIGATIONS

A. Applicability

This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions “Federal Record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. includes [Agency] records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their [Agency] contract.

4. may include deliverables and documentation associated with deliverables.

C. Requirements

The following standard Items relate to records generated in executing this contract and should be included in a typical contract where records could possibly be created, maintained or dispositioned:

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. [FACILITY] and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of [FACILITY] or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701.

In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to [FACILITY]. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to [FACILITY] control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and [FACILITY] guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with [FACILITY] policy.

8. The Contractor shall not create or maintain any records containing any non-public [FACILITY] information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The [FACILITY] owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which [FACILITY] shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.]

D. Flowdown of requirements to Subcontractors

1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

OFFER SUBMISSION:

The following documents are to be included in the solicitation submission:

1. One fully completed and signed SF 1442 Offer page, completed offer amount entered in block 17, acknowledgment of all amendments either via entering data in block 19 of the SF1442 or completing blocks 15a, b, and c of the Amendment and attaching to the SF 1442 Offer page

2. One fully completed Supplemental Price Breakdown by Division Sheet

3. One Documentation of Safety & Environmental Record and Documentation of Experience Modification Rate (EMR) (See below instructions).

4. One completed and signed VAAR 852.219-75 VA Notice of Limitations on Subcontracting – Certificate of Compliance for Services and Construction (Jan 2023) (Deviation) document (see below).

Offerors are responsible for ensuring and verifying their price and all required documents are received at the email address designated in block 8 of the SF 1442 Solicitation and by the date and time specified in block 13A of the SF 1442 Solicitation (subject to amendment). Any exception to the terms and conditions of this request for quotation will result in a nonresponsive quotation.

PROPOSALS ARE TO BE SENT TO:

One electronic copy via email of the price offer is to be sent to arrive on or before the due date/time at the following email address: craig.armstrong2@va.gov with solicitation number and title in the subject. Faxed proposals are not permitted under any circumstances.

PLANS/SPECIFICATIONS/DRAWINGS:

Drawings and specifications are attached in electronic format to this solicitation. Contractors are responsible for downloading and printing their own plan sets. The VA will not provide hard copies of the drawings and specifications to any Contractor. Contractors are responsible for ensuring that any construction document package used for their quotation or construction is complete and up to date.

QUESTIONS AND ANSWERS:

Submit a question via the Questions Form (included in this Solicitation), via email to craig.armstrong2@va.gov.

Questions for this solicitation are due 10/24/2023 at 10:00 AM HST. 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.

OFFER DUE DATE SCHEDULE:

Quotation(s) are due by the date and time shown in Block 13 of the SF 1442. Offers received after this date and time may be rejected unless considered beneficial to the government.

INSTRUCTIONS TO OFFERORS:

The apparent successful offeror must be determined as “responsible” by the Contracting Officer in accordance with FAR Part 9, Contractor Qualifications.

SITE VISIT:

Potential Offerors are strongly 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. Failure to inspect the site shall not constitute grounds for a claim after contract award.

See Provision 52.236-27 for specific information regarding the project pre-offer site visit, which will be the only opportunity for potential Offerors to visit the site. All potential Offerors, subcontractors, and suppliers are strongly encouraged and expected to attend the pre-offer site visit.

BASIS FOR AWARD

1. INTRODUCTION:

This is a price only selection conducted in accordance with Federal Acquisition Regulation (FAR) Part 16.505(b), Orders under multiple-award contracts, supplemented by the Department of Veterans Affairs Acquisition Regulation (VAAR). These regulations are available electronically at https://www.acquisition.gov/ and https://www.va.gov/oal/library/vaar/

2. EVALUATION:

Price Only -- The Government will evaluate the lowest price offer to determine if the price is fair and reasonable for the work to be performed. To be considered fair and reasonable for the work performed, the evaluators will also check for appearance of unbalanced line-item prices. If deemed necessary, the supplemental price breakdown information will be used to assist the Government in performing the price evaluation described above. Offers which are materially unbalanced as to prices for the basic requirement and the option quantities are not fair and reasonable. An Offer is unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated for other work.

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 contractor. 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.

PERFORMANCE & PAYMENT BONDS:

In accordance with FAR 28.102-1 and Contract Clause 52.228-15, offerors are reminded that any award amount over $35,000 shall require a Payment Bond (or other acceptable protection – see clause FAR 52.228-13), and awards exceeding $150,000 shall require both Payment and Performance Bonds. All bonds are due no later than 10 calendar days after award.

LIQUIDATED DAMAGES: N/A

WAGE DETERMINATION APPLICABLE TO THIS PROJECT:

General Decision Number: HI20230001 per MACC Base Contract

BRAND NAME OR EQUAL:

The RFP 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. 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 direction to replace materials or equipment by the Contractor at no additional cost or extension of period of performance.

SYSTEM FOR AWARD MANAGEMENT (SAM):

Federal Acquisition Regulations require that federal contractors shall register in the System for Award Management (SAM) database at http://www.sam.gov and enter all mandatory information into the system.

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 contractors shall submit the following information pertaining to their past Safety & Environmental Record and EMR with their quotation.

1. SAFETY & ENVIRONMENTAL RECORD: A self-certification on company letterhead that the contractor 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 contractors shall submit information regarding their current EMR. This information shall be obtained from the contractor’s insurance carrier and be furnished on the insurance carrier’s letterhead. Must have an EMR of equal to or less than 1.0.

PRIVACY TRAINING:

All workers regardless of project length must take VA Privacy Training which will be coordinated after project award with the Contracting Officer’s Representative (COR).

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.

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.

ADDITIONAL VETCERT INFORMATION:

1. 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.

2. At the time of submission of offer, the offeror must represent to the contracting officer that it is an:

a. SDVOSB concern

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

c. Verified for eligibility in the VETCERT database.

3. A joint venture may be considered an SDVOSB or VOSB concern if:

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

b. Each other concern is small under the size standard corresponding to the NAICS code assigned to the procurement.

c. The joint venture meets the requirements of paragraph 7 of the size standard explanation of affiliates in FAR 19.101; and

d. 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.

4. 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.

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.

RESPONSIBILITY REQUIREMENTS:

A responsibility check will be accomplished for the apparent awardee prior to award. Checks of the VETCERT database (to insure apparently successful offeror is a verified Service-Disabled Veteran Owned Small Business), System for Award Management (SAM) database (Central Contractor Registration, Online Representations and Certifications, and Excluded Parties List System to insure registrations are current, valid, and no debarment records exist). Any information retrieved or received by the Government that would be cause for negative or unsatisfactory responsibility rating may result in the offeror being determined ineligible for award.

CONFORMANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS:

The Contractor shall perform work under this contract consistent with the relevant policy and objectives identified in the agency, organizational, or facility Green Environmental Management System (GEMS) applicable for your contract. The Contractor shall perform work in a manner that conforms to all appropriate Environmental Management Programs and Operational Controls identified by the agency, organizational, or facility GEMS, and provide monitoring and measurement information as necessary for the organization to address environmental performance relative to the environmental, energy, and transportation management goals. In the event an environmental nonconformance or noncompliance associated with the contracted services is identified, the contractor shall take corrective and/or preventative actions. In the case of a noncompliance, the Contractor shall respond and take corrective action immediately. In the case of a nonconformance, the Contractor shall respond and take corrective action based on the time schedule established by the facility GEMS Coordinator. In addition, the Contractor shall ensure that their employees are aware of the roles and responsibilities identified by the environmental management system and how these requirements affect their work performed under this contract.

All on-site contractor personnel shall complete yearly EPA sponsored environmental training specified for the type of work conducted on-site. Upon inclusion in the contract, the Contracting Officer’s Representative will verify that all contractor personnel have acquired EMS Awareness Training at their appropriate site or location.

SMOKE AND CARBON MONOXIDE MONITORING REQUIREMENTS:

Contractor, his employees, his subcontractors, and their employees shall adhere to VA, VHA, and VASNHCS Policies for smoke and carbon monoxide monitoring requirements. They are available upon request from COR.

2.1 TASK/DELIVERY ORDER INTRODUCTORY LANGUAGE

The terms and conditions of the Contractor's Indefinite Delivery Contract (IDC), including any contract modifications, apply to all task or delivery orders issued under the contract as a result of this RFQ. When a lower price has been established, or when the delivery terms, FOB terms, or ordering requirements have been modified by the task/delivery order, those modified terms will apply to all purchases made pursuant to it and take precedence over the contract. Any unique terms and conditions of an order issued under the contract that are not a part of the applicable IDC will govern. In the event of an inconsistency between the terms and conditions of a task/delivery order and the Contractor's IDC, other than those identified above, the terms of the IDC will take precedence.

TASK ORDER TERMS AND CONDITIONS

NOT SPECIFIED IN THE CONTRACT

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:

Tuesday 10/17/2023 at 10:00 AM HST.

(c) Participants will meet at:

Ensure that all personnel are following all guidelines for COVID 19.

Entry Instructions:

If NO rapid gate pass, check in at the PASS and ID.

Documents needed:

· Car registration

· Driver License

· Insurance

· Safety Check

A.1 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)

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

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

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

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

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

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

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

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

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

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

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

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

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

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

Printed Name of Signee: ___________ Printed Title of Signee: _____________ Signature: ____________ Date: ______________ Company Name and Address: _______________ (End of Clause)

A.2 ADDITIONAL ATTACHMENTS

See attached document: WD - HI20230001 - E Wing HVAC Upgrade.

See attached document: Division Construction Costs - E Wing HVAC Upgrade.

See attached document: S05 - Request for Information (RFI) - E Wing HVAC Upgrade.

See attached document: P12 - ICRA - E Wing HVAC Upgrades.

See attached document: P01 - Bid Document Specifications - E Wing HVAC Upgrade.

See attached document: P01 - Bid Documents Full Size - E Wing HVAC Upgrade.