36C26123R0115_2.docx

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Z1DZ--570-19-701 | Construct Photovoltaic System
Solicitation number
36C26123R0115
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This solicitation requests proposals for construction services for Project No. 570-19-701 to construct a photovoltaic system design at the Fresno VA Medical Center in Fresno, California. The Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 21 will award a firm-fixed price contract without discussions to a certified Service-Disabled Veteran-Owned Small Business that is a holder of the Veterans Integrated Service Network 21 Multiple Award Construction Contract. Proposals are due by January 4, 2024 at 1:00 PM Pacific. The contractor must complete the work within 365 calendar days of receiving the notice to proceed. The contractor will be responsible for providing all labor, materials, equipment, project management and other services necessary to install photovoltaic panels and equipment on Buildings 27 and 28 at the work site in accordance with the drawings and specifications. The magnitude of construction is estimated between $1,000,000 and $2,000,000.

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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.

36C26123R0115 X 11-17-2023 570-24-1-897-0001 570-19-701 Department of Veterans Affairs

NETWORK CONTRACTING OFFICE (NCO21)

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 Kayla Haruguchi 808-539-1304 Project Title: Construct Photovoltiac System Project Number: 570-19-701 Project Location: Fresno VA Medical Center, 2615 E. Clinton Ave, Building 27 and 28, Fresno, CA 93703

Contractor shall provide all materials, labor, tools, equipment, transportation, supervision, project management, administrative support, and specialized expertise to perform for 570-19-701 Construct Photovoltaic System (VA Fresno).

Photovoltaic panels and accessory equipment to be installed. Contractor shall prepare site for building operations including demolition and removal, cut and patch of existing structures and materials, and furnish labor and materials to perform installation. Work will be performed on the roofs of Buildings 27 and 28 at Fresno VA Medical Center.

In accordance with FAR 836.204 disclosure of the magnitude of construction projects, the magnitude of construction for project 570-19-701 is between $1,000,000.00 and $2,000,000.00.

The NAICS code for this solicitation is 236220 with a small business size standard of $45 Million.

Bid bond, payment bond, and performance bond shall be required under this solicitation and any resultant contract.

Site Visit is scheduled for Friday, December 08, 2023, 10:00AM Pacific. See section 52.236-27 Site Visit for details.

Requests for Information (RFIs) are due by Wednesday, December 20, 2023, 1:00 PM Pacific and must be emailed to kayla.haruguchi@va.gov.

This project shall be completed within 365 calendar days from issuance of Notice to Proceed (NTP).

The Government intends to award a TOPR firm-fixed price without conducting discussions with offerors; however, the Government reserves the right to conduct discussion if later determined to be in the best interest of the Government.

The basis of an award is price only and price related factors included in this request for proposal. This requirement is set-aside for SDVOSBs that are VISN 21, MACC GROUP 2, MATOC/IDIQ Contract Holders.

Wage Determination # CA20220018 9/29/2023

IMPORTANT NOTES: 1) Offerors must be verified as an SDVOSBin VetCert at time of proposal due date AND at time of award for apparent awardee. 2) All Offerors must complete and sign the VAAR clause 852.219-75 certification (see attachment). If not completed/signed, Offeror cannot be considered for award.

X X 52.211-10 X

1:00 PM

PST

01-04-2024 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

NETWORK CONTRACTING OFFICE (NCO21)

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 Angela M. Oppenheimer Contracting Officer

Table of Contents

PART I - THE SCHEDULE1
SECTION A - SOLICITATION/CONTRACT FORM1
A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)1
A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION, ALTERATION, OR REPAIR)– BACK2
A.3 TASK/DELIVERY ORDER INTRODUCTORY LANGUAGE14
A.4 52.228-1 BID GUARANTEE (SEP 1996)15
A.5 52.211-6 BRAND NAME OR EQUAL (AUG 1999)18
A.6 52.215-1 INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITION (NOV 2021)19
A.7 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY NOTICE (FEB 2023)23
TASK ORDER TERMS AND CONDITIONS24
A.8 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)24
A.9 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES—REPRESENTATION (OCT 2020)27
GENERAL CONDITIONS28
4.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)28
4.2 52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)28
4.3 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)29
4.4 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)29
4.5 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)32
4.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)34

NCO 21 MACC

GROUP 2

TASK ORDER PROPOSAL REQUEST

Construct Photovoltaic System Design

PLACE OF PERFORMANCE

VA Central California Health Care System Fresno VA Medical Center 2615 E Clinton Ave, Buildings 27 and 28 Fresno, CA 93703

NOTICE TO VETERANS INTGRATED SERVICE NETWORK 21 (VISN 21)

MULTIPLE AWARD CONSTRUCTION CONTRACT (MACC) HOLDERS

Description: THE RESULTING SOLCITATION 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: Kayla Haruguchi, Contract Specialist, kayla.haruguchi@va.gov

Project Title: Construct Photovoltaic System Design

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

Questions regarding this notice shall be submitted via e-mail to: kayla.haruguchi@va.gov.

Site Visit: A Site Visit is scheduled for Friday, December 08, 2023, at 10:00 AM Pacific

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

MACC GROUP 2

Acierto, LLC
Hawk Contracting Group
2053 North 2000 West
P.O. Box 490
Farr West, UT 84404
Montrose, CO 81402
Bexar Advanced Solutions Group
Patriot Construction
47 E. Crestwood Road
4646 Qantas Lane
Kaysville, UT 84037
Stockton, CA 95206
Dsquare Construction
Saw-Greenland JV
107 W. Sahuaro Street
2625 Production Road
Tucson, AZ 85705
Virginia Beach, VA 23454
ESA South, Inc.
Sergent Mechanical
1681 Success Drive
1617 Pacific Avenue
Cantonment, FL 32533
Oxnard, CA 93033
Ground Level – Overaa Joint Venture
West Point Contractors
5013 Forni Drive
2915 E. Weiding Road
Concord, CA 94520
Tucson, AZ 85706

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

Page 1 of Page 1 of

STATEMENT OF WORK

FOR

CONSTRUCTION SERVICES

Construct Photovoltaic System Design Project #: 570-19-701 November 6, 2023

VA Central California Health Care System Fresno, CA

STATEMENT OF WORK

Construct Photovoltaic System Design Project 570-19-701

1. GENERAL INTENTION

A. This Statement of Work (SOW) includes the furnishing of all materials, labor, tools, equipment, transportation, supervision, project management, administrative support, and specialized expertise to perform the work stipulated in the Construction Documents.

B. Location of Work: The geographic location for services are the following areas:

Fresno VA Medical Center – 2615 E Clinton Ave Bldgs. 27 and 28, Fresno, CA, 93703 C. Contractor shall completely prepare site for building operations, including demolition and removal of existing systems and structures, and furnish labor and materials and perform work for 570-19-701 Construct Photovoltaic System Design as required by drawings and specifications.

Work in the public right of way of the City of Fresno is required and is subject to the inspection and approval of the City of Fresno. All work in the City of Fresno Right of Way shall be in accordance with the City of Fresno’s’ standard construction drawings and documents which are incorporated into the project and are available on the City of Fresno public website https://www.fresno.gov/darm/planning-development/

Electrical work includes: connection with existing utilities including power, signal and communication lines in accordance with PG&E requirements (Rule 15 and Rule 20); new construction for power, signal and communication systems, conduits, spare conduits, wiring, devices, new service, panels, circuit breakers, temporary connections, transformers, site lighting, street lighting, site power, controls, panels, connections to temporary building, vaults, street lighting, and all related work.

Bidders shall provide a required Allowance in the bid amount for the reimbursement of certain expenses as described in the bid documents, if any.

D. Pre Bid site visits to the site for Bidders will be held on Friday, December 8th 2023 at 10am Pacific.

2. STATEMENT OF BID ITEM(S)

A.ITEM I, GENERAL: Work includes site coordination.
B.SCOPE OF WORK: Contractor shall completely prepare site for building operations, including demolition and removal, cut and patch of existing structures and materials, and furnish labor and materials and perform work for installation of PV panels and accessory equipment on Buildings 27 and 28 at the Fresno VAMC as required by drawings and specifications.

1. Work in the public right of way of the City of Fresno is required and is subject to the inspection and approval of the City of Fresno. All work in the City of Fresno Right of Way shall be in accordance with the City of Fresno’s’ standard construction drawings and documents which are incorporated into the project and are available on the City of Fresno public website https://www.fresno.gov/darm/planning-development/

2. Electrical work includes: connection with existing utilities including power, signal and communication lines in accordance with PG&E requirements (Rule 15 and Rule 20); new construction for power, signal and communication systems, conduits, spare conduits, wiring, devices, new service, panels, circuit breakers, temporary connections, transformers, site lighting, street lighting, site power, controls, panels, connections to temporary building, vaults, street lighting, and all related work.

C. EXISTING CONDITIONS: The VA and the design professional make no guarantees that the utilities shown comprise all such utilities in the area, either in service or abandoned. Neither the VA nor the design professional warrant that the utilities shown are in the exact location indicated. Neither the VA nor the design professional has physically located the utilities, and the construction contractor is advised to utilize hand-digging methods, hire utilities locator to verify the existence and locations of existing utilities at no additional cost to the government.

The work shall be 365 consecutive calendar days from issuance of the Notice to Proceed. The expected construction period duration for each building includes all pre-construction activity

Normal work hours for the contract are from 7:00 AM to 5:00 PM, unless specifically noted otherwise. The Contractor may request alternate working hours or additional working hours to meet project requirements. Requests shall be made to the Contracting Officer Representative (COR) in writing. The contractor is beholden to the City of Fresno Municipal Code criteria for Construction Noise and shall request work hour exceptions in accordance with permissible criteria. The work week shall be defined as Monday through Friday with the exceptions of the following listed holidays, or the days observed in lieu thereof by the Department of Veterans Affairs:

New Year Day President Day Martin Luther King’s Birthday Memorial Day Juneteenth Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day and other days specifically declared by the President of the United States to be National Holidays. Requests to work on the listed holidays shall be made in writing to the COR, 5 working days in advance.

Contractor shall submit a comprehensive schedule of work in compliance with 01 32 16.15 PROJECT SCHEDULES (SMALL PROJECTS DESIGN/BID/BUILD). 23 08 00 – COMMISSIONING OF HVAC SYSTEMS. A detailed commissioning plan is required to ensure that all devices are calibrated, programmed, and all graphic displays are accurate and approved by applicable VA staff.

3. SPECIFICATIONS AND DRAWINGS FOR CONTRACTOR

A. Drawings and contract documents may be obtained from the website where the solicitation is posted. Additional copies will be at Contractor's expense.

4. CONTRACTOR RESPONSIBILITIES

A. The Contractor shall provide a list of personnel to the COR prior to the start of work and after award of the construction contract. The list shall contain the full names of employees and telephone numbers and identify the individual(s) who will act/serve as leads or acting in a manager/supervisor role.

B. The contractor is responsible for the timely submission of all submittals, shop drawings and coordination drawings in accordance with drawings and specifications. The contractor shall allocate a minimum of twenty-one (21) calendar days for the VA and A/E to conduct its evaluation of submittals. The contractor is responsible for all time delays associated with submittals requiring re-submission.

C. The contractor shall allocate a minimum of fourteen (14) calendar days for the VA and A/E to respond to Requests for Information (RFI). The contractor shall submit RFI’s as early as possible. The contractor is responsible for the coordination of all Contract Documents. All time delays associated with the failure to timely submit RFI’s related to the Contract Documents shall be the responsibility of the contractor.

D. Contractor’s Request for Deviation (RFD) shall be submitted for the VA’s consideration a minimum of twenty-one (21) calendar days in advance of the requested response date. The VA reserves the right to deny requests for deviation at any time regardless of reason. Request for Deviation responses may include necessary consideration to the government as terms of approval.

E. ID BADGES: All Contractors shall clearly display an identification badge while on VA premises. The badge shall be visible at all times.

F. Contractor Security Requirements: Office of Information and Technology (OI&T) certification and accreditation requirements do not apply for this contract and therefore a Security Accreditation Package is not required. At no time will the vendor be in contact or have access to OI&T systems, the VA OI&T network, and/or VA sensitive information.

G. Smoking is prohibited inside all buildings. Cellular phones and two-way radios are not to be used in emergency rooms, surgical and recovery suites, and within six feet of any medical equipment. Possession of weapons is prohibited. All enclosed containers, including tool kits, shall be subject to search by VA Police. Violators of VA rules and regulations may result in a citation (answerable in the United States Federal Court District, not necessarily local district state or municipal court), and/or removal and/or expulsion from VA property.

H. Infection Control: Contractor shall plan to establish and maintain a Level IV Infection Control standard throughout the duration of the construction.

I. Contractor shall comply with the Federal and State OSHA Blood Borne Pathogens Standard(s). The Contractor shall ensure:

1. Methods are in place by which all employees are educated as to the risks associated with blood borne pathogens in Health Care facilities.

2. Have policies and procedures in place which reduce the risk of employee exposure to blood borne pathogens.

3. Have mechanisms for employee counseling and treatment following exposure to blood borne pathogens.

4. Provide employees with appropriate personal protective equipment (PPE) and/or clothing such as gloves, caps, gowns, masks, and protective eyewear throughout the performance of this contract.

5. 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 VHA records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their VHA contract.

4. may include deliverables and documentation associated with deliverables.

C. Requirements

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, the 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 records and data.

4. VHA 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 VHA or destroyed except 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, the Contractor must report to VHA. 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 VHA 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 VHA 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 VHA policy.

8. The Contractor shall not create or maintain any records containing any non-public VHA information that is 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 VHA 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 VHA 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. Flow down 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.

6. Government Points of Contact A. Contract Specialist: Kayla Haruguchi, (808)539-1304, email: kayla.haruguchi@va.gov B. Contracting Officer: Angela Oppenheimer (925) 372-2354, email: angela.oppenheimer@va.gov C. Contracting Officer Representative: TBD

A.3 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.

A.4 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 $500,000.00, 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)

INSTRUCTIONS TO OFFERORS

PART I. GENERAL

This requirement is being solicited utilizing the procedures outlined in FAR 16.505 Ordering. The Government intends to solicit to all VISN 21 Group 2 MACC Awardees, thereby providing Fair Opportunity as required by FAR 16.505 (b) Orders Under Multiple Award Contracts.

The Government intends to award, without conducting discussions, to the proposal offering the best value to the Government based on price and price related factors only.

NOTES:

Subject MACC Task Order Proposal Request (TORP) and any resultant MACC Task Order (TO) Award shall be awarded, performed, and administered in full compliance with Executive Orders 11912, 13221, 13783, 13834 and 13881 for energy conservation and environmental protection.

Offers and any resultant Contract shall ensure compliance with President Obama / President Biden Executive Orders implementing Supreme Court Decision in 2020 in Bostock vs. Clayton County to grant full and feasible access to members of LGBTQ community in all Federal facilities.

INSTRUCTIONS FOR SUBMITTING QUESTIONS REGARDING SOLICITATION

Requests for Information (RFIs) / Questions regarding this TOPR shall be submitted in writing in Word format via electronic mail to kayla.haruguchi@va.gov by no later than Wednesday, December 20, 2023, 1:00 PM Pacific Time. RFIs/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 10 days before the proposal receipt due date.

PART II. EVALUATION FACTORS AND BASIS OF AWARD

BASIS OF AWARD

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 price related factors 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 construction division prices, per supplemental Attachment A - Price Breakdown. The supplemental price breakdown information will be used to assist the Government in performing the price evaluation described above. Offers that are materially unbalanced as to prices per construction division are not fair and reasonable. An offer is unbalanced when it is based on prices significantly less than cost for some work and prices significantly overstated for other work. Offers submitted to the Government are considered confidential.

The responsibility determination will include the Offerors safety/EMR and past performance evaluations.

TASK ORDER PROPOSAL REQUEST (TOPR) EVALUATON CRITERIA

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

Vendors shall complete and submit with offer Attachment A - Price Breakdown.

PART III. PROPOSAL SUBMISSION REQUIREMENTS

All proposals shall be submitted in three (3) parts, each part in its own separate electronic file:

1. Price Proposal (completed and signed SF 1442 and Attachment A – Price Breakdown.

2. Bid Guarantee (scanned with raised seals visible)

3. Safety/EMR documentation (Attachment B – Contractor Certification RE Safety and EMR).

4. Offerors must return the completed and signed VAAR clause 852.219-75. Offers that do not included the completed and signed VAAR 852.219-75 cannot be considered for award.

Offers shall be emailed to kayla.haruguchi@va.gov.

All pages containing text shall be consecutively numbered, type-written to fit paper size indicated in each factor. Submissions shall be made electronically.

It is the Offeror’s responsibility to insure the completeness of the proposal. VA personnel who will be evaluating Contractors’ offers for the Government may evaluate solely on the basis of the information provided in the Contractors’ offers and will not assume that any Offeror possesses any capability that is not specifically stated in the offer.

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

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 resulting from this solicitation. Accordingly, offerors are urged and expected to inspect the site where the work will be performed.

(b) A single organized site visit has been scheduled for— Friday, December 8th, 2023, at 10:00 AM Pacific

(c) Participants will meet at— Meet outside front entrance of building 27. Address is Fresno VA Medical Center, 2615 E Clinton Ave, Fresno, CA 93703.

All potential offerors are strongly urged and expected to attend the site visit.

A.5 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)

A.6 52.215-1 INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITION (NOV 2021)

(a) Definitions. As used in this provision— Discussions are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer’s discretion, result in the offeror being allowed to revise its proposal.

In writing, writing, or written means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

Proposal modification is a change made to a proposal before the solicitation’s closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

Proposal revision is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

Time, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals.

(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show—

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, revision, and withdrawal of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall—

(1) Mark the title page with the following legend:

This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed—in whole or in part—for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of—or in connection with—the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend:

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award.

(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government’s interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government’s best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of Provision) A.7 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY NOTICE (FEB 2023)

(a) Any offeror responding to this solicitation must comply with established VA Information and Communication Technology (ICT) (formerly Electronic and Information (EIT)) accessibility standards. Information about Section 508 is available at http://www.section508.va.gov/.

(b) The Section 508 accessibility standards applicable to this solicitation are stated in the clause at 852.239–75, Information and Communication Technology Accessibility. In order to facilitate the Government’s determination whether proposed ICT supplies meet applicable Section 508 accessibility standards, offerors must submit appropriate VA Section 508 Checklists, in accordance with the checklist completion instructions. The purpose of the checklists is to assist VA acquisition and program officials in determining whether proposed ICT supplies, or information, documentation and services conform to applicable Section 508 accessibility standards. The checklists allow offerors or developers to self-evaluate their supplies and document—in detail—whether they conform to a specific Section 508 accessibility standard, and any underway remediation efforts addressing conformance issues.

(c) Respondents to this solicitation must identify any exception to Section 508 requirements. If an offeror claims its supplies or services meet applicable Section 508 accessibility standards, and it is later determined by the Government, i.e., after award of a contract or order, that supplies or services delivered do not conform to the described accessibility standards, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense.

NEW COMMUNITY

(End of Provision) Page 1 of Page 1 of

TASK ORDER TERMS AND CONDITIONS

NOT SPECIFIED IN THE CONTRACT

A.8 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it ‘‘does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument’’ in paragraph (c)(1) in the provision at 52.204–26, Covered Telecommunications Equipment or Services—Representation, or in…

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