36C26124R0059.docx
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- Solicitation number
- 36C26124R0059
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This document is a Solicitation for Construction Services for Project No. 570-22-219, Consolidate Sterile Supply Rooms at the Fresno VA Medical Center. The work includes consolidation of satellite sterile storage rooms containing reusable medical devices and upgrading the HVAC systems. Key details include:
The project is set-aside for SDVOSBs that are VISN 21, MACC Group 2 MATOC/IDIQ contract holders. Proposals are due by July 19, 2024 at 12:00 PM Pacific. The government intends to award a firm-fixed price task order based on price and price-related factors without discussions. The construction period is 365 calendar days. The magnitude of construction is between $1,000,000 and $2,000,000. The NAICS code is 236220 with a small business size standard of $45 million. A site visit is scheduled for June 3, 2024, and RFIs are due by June 13, 2024. Bid, payment, and performance bonds are required.
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Other files
| File | Type | Posted |
|---|---|---|
| 36C26124R0059 0002.docx | DOCX document | |
| 36C26124R0059 0001.docx | DOCX document | |
| 852.219-75 - VA Notice of Limitations on Subcontracting--Certificate of Compliance for SErvices and Construction - JAN 2023 Deviation.docx | DOCX document | |
| S02 - RFI Form - 36C26124R0059.docx | DOCX document | |
| 570-22-219 Construction Specifications.pdf | ||
| 570-22-219 Construction Drawings -.pdf | ||
| S02 Price Breakdown.xlsx | XLSX spreadsheet | |
| S02 Contractor Certification RE Safety and EMR.docx | DOCX document |
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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.
36C26124R0059 X 05-20-2024 570-24-4-634-0134 570-22-219 36C261 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 Kayla Haruguchi 808-539-1304 Project Title: Consolidate Sterile Supply Rooms Project Number: 570-22-219 Project Location: Fresno VA Medical Center, 2615 E. Clinton Ave, Building 1 and Outpatient Clinic, Fresno, CA 93703
Contractor shall provide all materials, labor, tools, equipment, transportation, supervision, project management, administrative support, and specialized expertise to perform for 570-22-219 Consolidate Sterile Supply Rooms.
Consolidation of the Satellite Sterile Storage rooms containing reusable medical devices (RMD) located throughout the hospital and upgrade heat ventilation and air conditioning (HVAC) systems. General construction to include demolition, infectious control measures, electrical work, mechanical work includes new variable air volume (VAV) terminal units, and controls work.
Work will be performed at Building 1 and Outpatient Clinic at Fresno VA Medical Center.
In accordance with FAR 836.204 disclosure of the magnitude of construction projects, the magnitude of construction for project 570-22-219 is between $1,000,000.00 and $2,000,000.00.
The NAICS code for this solicitation is 236220 with a smallbusiness 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 Monday, June 3, 2024, 12:00 PM Pacific. See section 52.236-27 Site Visit for details.
Requests for Information (RFIs) are due by Thursday, June 13, 2024, 12:00 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.
IMPORTANT NOTES: 1) Offerors must be verified as an SDVOSB in 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 none 12:00 06-24-2024 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 SCHEDULE | 1 |
| SECTION A - SOLICITATION/CONTRACT FORM | 1 |
| 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)– BACK | 2 |
| A.3 PRICE/COST SCHEDULE | 4 |
| ITEM INFORMATION | 4 |
| Statement of Work | 6 |
| A.4 TASK/DELIVERY ORDER INTRODUCTORY LANGUAGE | 15 |
| A.5 52.228-1 BID GUARANTEE (SEP 1996) | 15 |
| INSTRUCTIONS TO OFFERORS | 16 |
| BASIS OF AWARD | 17 |
| 52.236-27 Site Visit (Construction) (Feb 1995) Alternate I (Feb 1995) | 18 |
| A.6 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY NOTICE (FEB 2023) | 19 |
| TASK ORDER TERMS AND CONDITIONS | 20 |
| A.7 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) | 20 |
| A.8 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES—REPRESENTATION (OCT 2020) | 23 |
| A.9 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023) | 23 |
| GENERAL CONDITIONS | 25 |
| 4.1 52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—PROHIBITION (DEC 2023) | 25 |
| 4.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) | 29 |
| 4.3 52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023) | 29 |
| 4.4 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION) | 30 |
| 4.5 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 33 |
| 4.6 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022) | 33 |
A.3 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1.00 |
| EA |
| __________________ |
| __________________ |
CONTRACTOR TO PROVIDE ALL MATERIALS, EQUIPMENT, LABOR, EXPERTISE AND SUPERVISION TO CONSTRUCT 570-22-219 CONSOLIDATE STERILE SUPPLY ROOMS, BUILDING 1 AND OUTPATIENT CLINIC AT THE VA CENTRAL CALIFORNIA HEALTH CARE SYSTEM, FRESNO FACILITY. WORK SHALL BE ACCOMPLISHED IN ACCORDANCE WITH THE ATTACHED SCOPE OF WORK (SOW) DOCUMENT, PLANS AND SPECIFICATIONS.
Contract Period: Base POP Begin: 07-19-2024 POP End: 07-18-2025 PRINCIPAL NAICS CODE: 236220 - Commercial and Institutional Building Construction PRODUCT/SERVICE CODE: Z2DA - Repair or Alteration of Hospitals and Infirmaries
| GRAND TOTAL |
| __________________ |
NCO 21 MACC
GROUP 2
TASK ORDER PROPOSAL REQUEST
Consolidate Sterile Supply Rooms
PLACE OF PERFORMANCE
VA Central California Health Care System Fresno VA Medical Center 2615 E Clinton Ave, Buildings 1 and Outpatient Clinic 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: Consolidate Sterile Supply Rooms
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 Monday, June 3, 2024, at 12:00 PM 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
5013 Forni Drive
Concord, CA 94520
**Any offers received from contractors not mentioned above will not be accepted.
Page 1 of Page 1 of Statement of Work
STATEMENT OF WORK
FOR
CONSTRUCTION SERVICES
Consolidate Sterile Supply Rooms Project #: 570-22-219 May 2, 2024
VA Central California Health Care System Fresno, CA
STATEMENT OF WORK
Consolidate Sterile Supply Rooms Project 570-22-219
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 Bldg. 1 and Outpatient Clinic, Fresno, CA, 93703 C. The scope of this project is the consolidation of the Satellite Sterile Storage rooms containing reusable medical devices (RMD) located throughout the hospital, and the upgrade of the heating ventilation and air conditioning (HVAC) systems serving these areas to meet compliance requirements dictated by the VA.
General construction work includes, demolition, infectious control measures, carpentry, new doors, finish work, temporary connections, and all related work.
Electrical work includes demolition, new electrical branch circuits, device relocation, and lighting modifications.
Mechanical work includes new VA terminal units, equipment balancing, new ductwork, and diffusors.
Controls work includes demolition, new sensor installation (humidity, temperature, room pressure monitoring), controls network cabling, programming and front-end graphics.
Bidders shall provide a required Allowance in the bid amount for the reimbursement of certain expenses as described in the bid documents.
D. Pre-Bid site visits to the site for Bidders will be held on Monday, June 3rd, 2024, at 12:00 pm 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 consolidation of sterile supply rooms at Buildings 1 and outpatient clinic at the Fresno VAMC as required by drawings and specifications. |
1. 1. The scope of this project is the consolidation of the Satellite Sterile Storage rooms containing RMD located throughout the hospital, and the upgrade of the HVAC systems serving these areas to meet compliance requirements dictated by the VA.
1. 2. General construction work includes demolition, infectious control measures, carpentry, new doors, finish work, temporary connections, and all related work.
1. 3. Electrical work includes demolition, new electrical branch circuits, device relocation, and lighting modifications.
1. 4. Mechanical work includes new variable air volume (VAV) terminal units, equipment balancing, new ductwork, and diffusors.
1. 5. Controls work includes demolition, new sensor installation (humidity, temperature, room pressure monitoring), controls network cabling, programing and front-end graphics.
1. 6. Bidders shall provide a required Allowance in the bid amount for the reimbursement of certain expenses as described in the bid documents.
1.
C. EXISTING CONDITIONS: The building utilities shown in the construction documents have been located from field survey information and existing records of the VA. 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.
The work will be in and around existing VA operations, and patient care areas. The work will require coordination with the VA and department level contacts for new and renovation work within all spaces.
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.
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 fifteen (15) 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 ten (10) 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 and anywhere on campus. 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
A.4 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.5 52.228-1 BID GUARANTEE (SEP 1996)
(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.
(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—
(1) To unsuccessful bidders as soon as practicable after the opening of bids; and
(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.
(c) The amount of the bid guarantee shall be 20 percent of the bid price or $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 Thursday, June 13, 2024, 12:00 PM Pacific. 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 S02 - 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 S02 - Price Breakdown.
PART III. PROPOSAL SUBMISSION REQUIREMENTS
All proposals shall be submitted in four (4) parts, each part in its own separate electronic file:
1. Price Proposal (completed and signed SF 1442 and S02 – Price Breakdown.
2. Bid Guarantee (scanned with raised seals visible)
3. Safety/EMR documentation (S02 – 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— Monday, June 3rd , 2024, at 12:00 PM Pacific
(c) Participants will meet at— Meet outside entrance of engineering building (E Harvard and N Angus). 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.6 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.7 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 paragraph (v)(2)(i) of the provision at 52.212–3, Offeror Representations and Certifications–Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it ‘‘does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services’’ in paragraph (c)(2) of the provision at 52.204–26, or in paragraph (v)(2)(ii) of the provision at 52.212–3.
(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”
(d) Representations. The Offeror represents that—
(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will’’ in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does’’ in paragraph (d)(2) of this section.
(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will’’ in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does’’ in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of Provision) A.8 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES—REPRESENTATION (OCT 2020)
(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and “reasonable inquiry” have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.
(c) Representations. (1) The Offeror represents that it [ ] does, [ ] 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.
(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ] does, [ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
(End of Provision) A.9 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)
(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition.
(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.
(c) Procedures. (1) The Offeror shall search for the phrase ‘‘FASCSA order’’ in the System for Award Management (SAM)(https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.
(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).
(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.
(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).
(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:
(1) Name of the product or service provided to the Government;
(2) Name of the covered article or source subject to a FASCSA order;
(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;
(4) Brand;
(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);
(6) Item description;
(7) Reason why the applicable covered article or the product or service is being provided or used;
(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.
(End of Provision)
GENERAL CONDITIONS
4.1 52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—PROHIBITION (DEC 2023)
(a) Definitions. As used in this clause— Covered article, as defined in 41 U.S.C. 4713(k), means—
(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;
(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);
(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or
(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.
FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement…
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