36C26125R0030_Solictation.docx

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Z2DA-- Install Fall Protection | Project #570-21-109 |Fresno VA Medical Center
Solicitation number
36C26125R0030
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This document is a Request for Proposal (RFP) for a construction project to install fall protection at the Fresno VA Medical Center. The Department of Veterans Affairs Network Contracting Office (NCO) 21 is seeking a Service-Disabled Veteran-Owned Small Business (SDVOSB) to perform the work, with a total contract value between $2,000,000 and $5,000,000. The project involves installing approximately 2,500 linear feet of guardrails, tie-back anchors, and roof access ladders across multiple buildings (OPC, 01, 02, 03, 22, 24, 28, 31, and 32) at the medical center located at 2615 East Clinton Ave, Fresno, CA 93703.

The solicitation requires a firm-fixed-price contract with a 330-calendar day performance period from the Notice to Proceed. Proposals are due by 4/14/2025 at 12:00 PM PDT and must be submitted electronically to Rosario Chaidez. Bidders must be verified SDVOSBs in the SBA Veteran Small Business Certification Program, registered in SAM.gov, and comply with specific subcontracting limitations. The project includes Davis-Bacon Act wage requirements, performance and payment bonds, and a site visit scheduled for 3/20/2025. Evaluation will be based on price only, with the government anticipating awarding to the lowest responsive and responsible SDVOSB offeror.

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36C26125R0030

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.

36C26125R0030 X 03-13-2025 570-25-2-678-0033 570-21-109 36C261 Department of Veterans Affairs Network Contracting Office (NCO) 21

Offers have been authorized and are to be sent by email to Rosario Chaidez at rosario.chaidez1@va.gov and Copy daniel.jhun@va.gov

Rosario Chaidez 916-923-4548 Project Title: Install Fall Protection at the Fresno VA Medical Center Project Number: 570-21-109 Project Location: 2615 East Clinton Ave. Fresno, CA 93703

The successful contractor must provide all materials, labor, tools, equipment, transportation, supervision, project management, administrative support, and specialized expertise to perform the work cited in the Statement of Work(SOW), Drawings, and Specifications to Install Fall Protection at the Fresno VA Medical Center.

NAICS Code: 236220 Commercial and Institutional Building Construction, Small Business Size Standard is: $45.0M The Government anticipates awarding a Firm Fixed Price (FFP) Contract

The magnitude of Construction is between $2,000,000.000 and $5,000,000.00 for the total contract value per VAAR 836.204 Disclosure of the magnitude of construction projects.

This contract is will be awarded in accordance with FAR Part 15 Contracting by Negotiation. This procurement is in accordance with FAR 15.101-2, selection will be based on Price only. Offerors are strongly encouraged to thoroughly read this entire request for proposal, including instructions to offerors.

Bid bonds, and Payment, and Performance Bonds are required.

The Prime Contractor must comply with subcontracting limitations as defined in 13 CFR 125.6 and provisions and clauses.

Full completion of VAAR Clause 852.219-75 is required along with submission of your proposal.

Davis-Bacon Act (DBA) Wage Decision No. CA20250018 dated 3/7/2025 is attached and applies to this contract.

This procurement is set aside for eligible SDVOSBs, all vendors must be registered in SAM. gov and verified as an SDVOSB in the SBA Veteran Small Business Certification Program to be eligible for an award.

Although not mandatory, all firms are highly encouraged to attend the site visit. See FAR 52.236-27 or the PowerPoint attached for the site visit date, location, time and information. Firms should assume masks may be required in certain patient sensitive areas of the VA hospital.

X X 52.211-10 X 12:00pm

PDT

04-14-2025 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

36C261

Network Contracting Office (NCO) 21

FMS VA-9(101) Financial Services Center PO Box 149971 Austin

TX

78714-9971 18773539791 Daniel Jhun 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
STATEMENT OF WORK (SOW)6
INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS14
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS15
INSTRUCTIONS TO OFFERORS15
2.1 52.216-1 TYPE OF CONTRACT (APR 1984)20
2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014)20
2.3 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)20
2.4 52.228-1 BID GUARANTEE (SEP 1996)21
2.5 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021)22
2.6 52.233-2 SERVICE OF PROTEST (SEP 2006)22
2.7 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)23
2.8 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)23
2.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)23
2.10 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)24
2.11 VAAR 852.223-70 INSTRUCTIONS TO OFFERORS—SUSTAINABLE ACQUISITION PLAN (SEP 2019)24
2.12 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)24
2.13 VAAR 852.236-92 NOTICE TO BIDDERS—ADDITIVE OR DEDUCTIVE BID LINE ITEMS (APR 2019)25
2.14 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY NOTICE (FEB 2023)26
REPRESENTATIONS AND CERTIFICATIONS27
3.1 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)27
3.2 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2025)27
3.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)31
3.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)32
3.5 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—CERTIFICATION (NOV 2021)34
GENERAL CONDITIONS36
4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)36
4.2 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB COVERED ENTITIES (DEC 2023)36
4.3 52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—PROHIBITION (DEC 2023)37
4.4 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)42
4.5 52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022)42
4.6 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JAN 2025)44
4.7 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010)47
4.8 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (OCT 2022)48
4.9 52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025)53
4.10 SUPPLEMENTAL INSURANCE REQUIREMENTS56
4.11 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)56
4.12 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)59
4.13 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)59
4.14 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (MAY 2020)59
4.15 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)60
4.16 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)60
4.17 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)63
4.18 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)65
4.19 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)65
4.20 VAAR 852.232-71 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (INCLUDING NAS– CPM) (NOV 2018)65
4.21 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)68
4.22 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019)70
4.23 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019)71
4.24 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019) ALTERNATE I (APR 2019)71
4.25 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)72
4.26 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT ADMINISTRATION (OCT 2020)72
4.27 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT (SEP 2019)74
4.28 VAAR 852.246-71 REJECTED GOODS (OCT 2018)75
4.29 List of Attachments75

STATEMENT OF WORK (SOW)

Project # 570-21-109 Install Fall Protection

1. GENERAL DESCRIPTION

The awarded contractor must provide all materials, labor, tools, equipment, transportation, supervision, project management, administrative support, and specialized expertise to perform the work cited in the Statement of Work, the Construction Drawings, and Construction Specifications, hereafter collectively referred to as the Construction Documents. The project site is at the Fresno VA Medical Center at 2615 E. Clinton Ave, Fresno, CA 93703-2223.

The below description is a general overview of the work activities and is not comprehensive. The contractor must perform all work stated in the Construction Documents.

The general description of work includes but is not limited to:

a) Demolition of existing guardrails, as identified on the construction documents, and preparation of areas to receive new fall protection.

b) Installation of guardrail that will provide protection from fall hazards to VA personnel; and installation of new roof ladders to provide ease of access for maintenance & service.

c) Patching and repair of any and all areas disturbed by installation of new guardrails, anchors and ladders.

d) The buildings included in this scope of work are Buildings OPC (Outpatient Clinic), 01, 02, 03, 22, 24, 28, 31, and 32. For specific locations at these roofs, refer to the attached construction documents “Issue for Construction” set, dated 12.20.2024. General synopsis of work are as follows:

Building OPC:

Penthouse Approx. 225 LF of 1-1/2” galvanized steel pipe railing to be installed, mounted to roof deck.

Walkway Roof Four (4) tie-back anchors to be installed, mounted to roof deck.

Building 01:

Lobby Roof Approx. 189 LF of 1-1/2” stainless steel bar railing to be installed, mounted to roof deck.

Upper Roof Approx. 605 LF of 1-1/2” galvanized steel pipe railing to be installed, mounted to top of parapet.

Pharmacy Roof Approx. 194 LF of 1-1/2” galvanized steel pipe railing to be installed, mounted to the outside face of the CMU parapet (lower roof), and some mounted to top of concrete parapet (higher roof).

Building 02/ 22: Approx. 357 LF of 1-1/2” galvanized steel pipe railing to be installed, mounted to the inside face of parapet of Building 02 (concrete wall on west side, CMU on east side); and mounted to roof deck & to the outside of CMU parapet of Building 22.

A new roof access ladder to be installed at Building 22.

Building 03: Eleven (11) tie-back anchors to be installed, mounted to roof deck.

A new roof access ladder to be installed at south edge of roof.

Building 24:

Penthouse Approx. 177 LF of 1-12” galvanized steel pipe railing to be installed, mounted to concrete roof deck.

Main Roof Approx. 505 LF of galvanized steel pipe railing to be installed, mounted to top of parapet, to inside face of parapet and to roof deck.

Auditorium Approx. 175 LF of 1-1/2” stainless steel bar railing to be installed, mounted to roof deck.

Breezeway Approx. 55 LF of 1-1/2” stainless steel bar railing to be installed, mounted to roof deck.

Building 28: Seven (7) tie-back anchors to be installed, mounted to roof deck.

Building 31: Approx. 1339 LF of 1-1/2” galvanized steel railing to be installed to outside face of CMU parapet at the Penthouse; and mounted to inside face of CMU parapet or to roof deck at the main roof.

Building 32:

Main Roof Approx. 310 LF of 1-1/2” galvanized steel pipe railing to be installed, mounted to the inside face of CMU parapet.

Elevator Penthouse Approx. 46 LF of 1-1/2” galvanized steel pipe railing to be installed, mounted to the outside face of CMU parapet.

Bridge Approx. 51 LF of 1-1/2” galvanized steel pipe railing to be installed, mounted to existing steel tube attached to roof deck and connected to Building 01 wall.

e) All offerors must provide a required allowance in the bid amount for the reimbursement of certain expenses as described in the bid documents.

2. DEDUCT ALTERNATE:

General Construction Base Offers: All general construction, alteration, necessary removal of existing structures, and construction of certain items as shown on the construction documents.

Alternate No. 1: Base offer except change select guardrails at Building 1 & Building 24 from stainless steel to galvanized steel.

Alternate No. 2: Base offer except remove select guardrails (northside of breezeway) at Building 24.

Alternate No. 3: Base offer except remove guardrails at bridge between Building 1 & Building 32.

3. CONSTRUCTION DURATION AND WORK HOURS/DAYS:

The total Period of Performance (POP) for this project is three hundred thirty (330) calendar days from issuance of the Notice to Proceed.

Normal work hours for the contract are Monday- Friday, from 7:00 AM to 4:00 PM (Pacific Time (PT)), unless specifically noted otherwise. The Contractor may request alternate working hours or additional working hours to meet project requirements. Final approval of any work outside of the hours above requires approval by the Contracting Officer and Contracting Officer Representative (COR) in writing.

The contractor is beholden to the City of Fresno Municipal Code criteria for Construction Noise and must request work hour exceptions in accordance with permissible criteria.

Federal Holidays:

New Year Day Martin Luther King’s Birthday Washington’s Birthday Memorial Day Juneteenth National Independence Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

Official federal holidays are stated on OPM.gov(https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/#url=Overview), the official website. Any other holidays not listed would not be considered official federal holidays.

4. SUBMITTALS, REQUESTS FOR INFORMATION (RFI) AND REQUESTS FOR DEVIATION (RFD)

a) 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) workdays for the VA and A/E to conduct its evaluation of all submittals. The contractor is responsible for all time delays associated with submittals requiring re-submission.

b) The contractor shall allocate a minimum of ten (10) workdays 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.

c) Contractor’s Requests 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.

5. PROGRESS PAYMENTS

The contractor must submit a Schedule of Values to the VA for review and approval within fourteen (14) calendar days of the Notice to Proceed. The Schedule of values shall be itemized in accordance with the project specification Divisions. Line items shall also be developed for individual General Requirements components including but not limited to submission and approval of as-built documentation and Operation and Maintenance (O&M) Manuals.

Progress payments applications will be submitted to the VA as stated on the schedule of values/costs after work is completed. All progress payments will be first reviewed by the COR then approved by Contracting before submission of payment into the IPPS/tungsten system.

Progress payments will be reviewed contingent on the following being completed at the time of submission:

a) Two (2) sets of As-built red marked drawings shall be current and available on the project site for review by the COR.

b) Waste Manifests for the progress payment interval shall be submitted to the COR.

c) Certified payroll for the progress payment interval shall be submitted to the COR.

d) The project schedule with Critical Path identified shall be current (no more than 10 days behind schedule). A revised schedule shall be submitted to the COR and Contracting Officer to identify measures planned to become in compliance with the Contract Duration limitations.

e) Contractor daily logs and Quality Control plans during the interval of the progress payment shall be up to date.

f) Punch-list and re-work items identified by the VA or through the Contractors Quality Control plan shall have been corrected or a written action plan shall be provided to identify method and date of corrective action plan.

g) All safety deficiencies shall have been corrected.

Failure to comply with any of the above will result in the return of the contractor’s request for progress payment review. The VA will review requests for payment only after each of the above items is complied with.

6. MEETINGS

Pre-Construction Meetings: The contractor will attend, via a Microsoft TEAMS meeting. The meeting will review the requirements of the Scope of Work (SOW) and discuss roles, responsibilities expectations, and deliverables for the project. The contractor will coordinate with the Contract Specialist, Contracting Officer, and Contracting Officer Representative (COR) via e-mail to establish the date and time of this meeting after contract is awarded.

Project Meeting Minutes: Contractor is responsible for scheduling and completing the meeting minutes for each progress meeting or special meetings between the VA and the contractor for the records. Meeting minutes must be approved by the VA/COR prior the start of each progress or special meetings. Meeting minutes must be corrected and updated by the contractor upon any request from the VA and should reflect a full and accurate transcription of what was agreed to and discussed during each meeting with input from VA. Meeting minutes should be an accurate reflection of what discussed not be one sided. The frequency of the progress meeting is subject to the approval of the COR.

7. ADDITIONAL REQUIREMENTS

The contractor is required to comply with all facility and City of Fresno or governing jurisdiction’s standards for safety, security, and dust control standards. Policies will be made available to the contractor at the Notice to Proceed meeting.

For execution of work activities, the contractor may be required to employ various professional services including but not limited to engineering, consulting, inspectors and/or surveying. Professional services required for the execution of work activities will be performed at no additional cost to the government.

Contractors must provide an electronic platform for review and approvals of all Requests for Information (RFI’s), Meeting minutes, and Submittals for use during the entire duration of the project, e.g., Procore, Auto Desk, or submittal exchange, etc. Microsoft Teams and E-mails are not acceptable platforms. The specific electronic submittal platform to be used is subject to final approval from the facility COR/Resident Engineer.

8. DEFINITIONS:

A. Contract Documents: All documents included and referenced in the executed contract. This includes the contract and references and the construction documents.

B. Construction Documents: All documents which identify the scope of work to be performed by the contractor. This includes the construction drawings, the specifications, the scope of work and all references included in the above documents.

C. Contracting Officer (CO): The services to be performed under this contract are subject to the general supervision, direction, control and approval of the Contracting Officer.

D. Contracting Officers Representative (COR): The Contracting Officer's authorized representative at the construction site. His/Her duties include surveillance of all construction work to assure compliance with the contract documents, interpretation of the contract documents, approval of changed work, approval of all submittals, samples, shop drawings, etc.

E. A/E: Refers to the Architect-Engineer firm that prepared and produced the construction drawings and construction specification documents for subject project. Includes all Joint Venture (JV) partners, consultants and sub-contractors to the one firm.

9. ATTACHMENTS:

1. Drawings 570-21-109

2. Specifications 570-21-109

End of the SOW

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

1. Proposal materials consisting of drawings, specifications and contract forms may be obtained by general (prime) contractors interested in submitting proposals direct to the Department of Veterans Affairs and by suppliers and subcontractors for their use in preparing sub-bids for general (prime) contractors from the Governmentwide Point of Entry (GPE) website at https://sam.gov/ under solicitation number 36C26125R0030. By registering at https://sam.gov/, prime contractors, suppliers and subcontractors will have access to download plans, specifications, drawings, and amendments etc.

1. A Bid Bond, Standard Form (SF) 24, is required for this solicitation. A bid guarantee is required in an amount not less than 20 percent of the bid price, but shall not exceed $3,000,000.00. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for the opening of proposals, will require rejection of the proposal in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then. Copies of the SF 24 can be obtained at the U. S. General Services Administration website, https://www.gsa.gov/reference/forms. The bid guarantee must be submitted electronically with the proposal.

1. The offeror to whom award is made will be required to furnish two (2) bonds, a Performance Bond, to be executed on the proper SF 25, and a Payment Bond, to be executed on the SF 25A, each in the penal sum of 100% of the bid. Copies of the SF 25 and SF 25A can be obtained at the U. S. General Services Administration website, https://www.gsa.gov/reference/forms.

1. Disclosure of the magnitude of construction: In accordance with (IAW) Veterans Affair Acquisition Regulation (VAAR) 836.204, Disclosure of the magnitude of construction projects, the magnitude of construction for this project is between $2,000,000.00 and $5,000,000.00.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

INSTRUCTIONS TO OFFERORS

1. INTRODUCTION:

a. These instructions prescribe the format of Offers. Offers are defined as consisting of Prime Contractor’s Price Proposal. These instructions describe the approach for the development and presentation of the required information and documentation. These instructions are designed to ensure the submission of necessary information and documentation to provide for the comprehensive evaluation of offers.

b. Offerors are cautioned to carefully review this solicitation prior to commencing preparation. For offers to receive full consideration for award, offerors shall ensure that the information and documentation furnished in support of the price proposal and are current, factual, complete, and accurate.

c. Offerors are strictly advised to comply with all instructions within this solicitation to ensure submission of a complete Prime Contractor Offer. Failure to furnish a complete offer per the instructions of this solicitation by the required time and date may result in the Offeror’s proposal being determined ineligible.

d. The Government intends to award without discussions unless discussions are in the best interest of the Government.

e. AVAILABILITY OF SOLICITATION DOCUMENTS: All solicitation related documents will be published to and to, and only be accessible via, https://sam.gov/.

f. AMENDMENTS: Amendments to this solicitation will be posted at https://sam.gov/. Paper copies of the amendments will NOT be individually mailed. No other notification of amendments will be provided. Potential Offerors are advised that they are responsible for obtaining and acknowledging any amendments to the solicitation. Failure to acknowledge an amendment may result in your proposal being considered unacceptable.

g. PREPARATION OF PROPOSALS: The Government will not pay for any costs incurred in the preparation and submission of proposals.

h. SELECTION PROCEDURES: All proposals shall be subject to evaluation by a team of Government personnel. You are required to submit a detailed price breakdown sheet for your base offer, and an offer for all deduct alternatives 1 through 3. All proposals received will be evaluated per the content provided in the solicitation and the details of items listed in the price breakdown sheet. All offers must include a price breakdown worksheet, with prices for both the base offer and alternate deduct offers 1, 2, and 3, as cited in the Statement of Work (SOW), page 3, paragraph 2.

i. The Government intends to award a firm fixed-price (FFP) contract, as required by the procedures pursuant to FAR Part 15.101-2, based on price only, FAR Subparagraph 6.401(b)(1) and VAAR 852.236-92 NOTICE TO BIDDERS–ADDITIVE OR DEDUCTIVE BID LINE ITEMS (APR 2019).

All offers will be evaluated individually on their merit and per the following evaluation factor: Price only.

Per FAR 15.308, a source selection decision will be completed, after determination of responsibility by the Contracting Officer.

2. CONTRACT TYPE:

a. The awarded contract will be a firm fixed price (FFP) Construction contract.

This solicitation is set aside for Service-Disabled Veteran Owned Small-Businesses (SDVOSB’s). The offeror MUST have an active UEI Sam.gov number and be current in System for Award Management (SAM). Offerors must be verified in the SBA Veteran Small Business Certification Program as an SDVOSB to be eligible for an award. The Contracting Officer (CO) will use the SBA Dynamic Small Business Search (SBA DSBS) (https://dsbs.sba.gov/search/dsp_dsbs.cfm ) to verify SDVOSB status until further guidance is provided by the Department of Veterans Affairs.

b. Proposal will be rejected and not considered for an award if the offeror's SDVOSB status cannot be verified in the SBA DSBS database at the time of proposal submission and prior to award.This procurement is 100% set-aside for Service-Disabled Veteran-Owned Small Business (SDVOSB) concerns. Offers received from other than SDVOSB concerns will not be considered at this time.

3. PROPOSAL SUBMISSION INSTRUCTIONS:

a. All proposals must contain a cover letter at least one (1) page minimum and a detailed price breakdown sheet due by the date cited on page 1, block 13 of the SF 1442 form of this solicitation. All price breakdown sheets must be detailed, contain all divisions in the specifications, and include a base offer and all alternate deduct offers as cited on page 3, paragraph 2 of the Statement of Work (SOW).

b. All offerors will provide a copy of their proposal, completed/signed VAAR clauses 852.219-75, bid bonds form, and detailed price breakdown sheets. Send offers via electronic mail (e-mail) to: Mr. Rosario Chaidez, Contract Specialist, at e-mail: Rosario.chaidez1@va.gov and Copy, Mr. Daniel Jhun, Contracting Officer, at e-mail: Daniel.jhun@va.gov.

b. The subject line of the e-mail must cite RFP: 36C26125R0030, Install Fall Protection at Fresno VA Medical Center. In no circumstances must the file size exceed 7MB. Multiple emails are acceptable.

c. Faxed or hard-mailed proposals are not permitted under any circumstances.

4. TECHINCAL QUESTIONS/REQUESTS FOR INFORMATION (RFI’s):

All Requests for Information (RFIs) regarding this solicitation must be submitted in writing and received no later than Wednesday, March 26, 2025, at 12:00 pm, Pacific Time to allow replies to reach all prospective offerors in a timely manner. All RFIs must be sent via email to Rosario Chaidez at Rosario.chaidez1@va.gov and Copy: Daniel.jhun@va.gov RFIs will be responded to as necessary in amendment format and will be posted on SAM.gov. No questions will be answered after the date/time above unless determined to be in the best interest of the Government as determined by the Contracting Officer. Telephone requests for information will not be accepted or returned.

5. PRE-PROPOSAL SITE VISIT:

Offerors are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of performing these services. In no event will failure to inspect the site constitute grounds for a claim after contract award. See the attached Site Visit Information PowerPoint and Provision 52.236-27 for all site visit information. This pre-proposal site visit will be the only opportunity for potential offerors to visit the site. All potential contractors, subcontractors, and suppliers are strongly encouraged to attend this pre-proposal site visit.

6. SYSTEM FOR AWARD MANAGEMENT (SAM): Federal Acquisition Regulations require that federal contractors register in the System for Award Management (SAM) database at https://sam.gov/SAM/ and enter all mandatory information into the system. Award cannot be made until the contractor has been registered. Offerors must ensure that they are registered in SAM prior to submitting their proposal. (See FAR 4.1102).

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

7. ADDITIONAL SBA INFORMATION:

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

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

(1) SDVOSB concern

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

(3) Offerors must be verified in the SBA Veteran Small Business Certification Program as an SDVOSB to be eligible for an award. The Contracting Officer (CO) will use the SBA Dynamic Small Business Search (SBA DSBS) (https://dsbs.sba.gov/search/dsp_dsbs.cfm ) to verify SDVOSB status until further guidance is provided by the Department of Veterans Affairs.

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

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

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

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

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

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

8. VETS 4212:

Title 38, USC Section 4212(d), codified at 41 CFR Section 61-300, requires that federal contractors report, at least annually, the number and category of veterans who are within their workforce. Submission of the VETS-4212 reporting information can be done electronically at: http://www.dol.gov/vets/vets4212.htm. Award cannot be made unless the awardee has filed their VETS-4212 report. Therefore, all offerors are encouraged to file every year. The Contracting Officer may request a copy of the email confirmation of receipt notification, prior to awarding the project.

9. JOINT VENTURES: See 13 C.F.R. § 121.103(h)

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

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

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

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

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

11 . SECURITY REQUIREMENTS (GENERAL):

1. All personnel employed by the contractor in the performance of work, issued under this contract, or any representative of the contractor must abide by all security instructions and directives of the Department of Veterans Affairs. Employees are responsible for safeguarding all government property provided for contractor use.

1. At the close for each work period, government facilities, equipment and materials must be secured, lights, and all doors and window secured.

1. The contractor and, as applicable, subcontractor must not employ persons for work on this contract if such employee is identified as a potential threat to the health, safety, security, general well-being or operational mission of the station/campus and its population, nor must the contractor or subcontractor employ persons under this contract who have an outstanding criminal warrant as identified during background checks.

1. Contractors must ensure their employees and those of their subcontracts have the proper credentials allowing them to work in the United States. Employees and subcontractors later found to be undocumented or illegal aliens will be remanded to the proper authorities.

1. Contractor Badge Policies: All requests for contractor ID badges will be submitted through the station COR, and Police/Security office.

1. Vehicle registration, proof of insurance and a valid driver’s license must be presented for all vehicles while operating on the station/campus. All vehicles entering the station/campus are subject to search. Any refusal or non-consent by an employee will result in termination of their access and immediate confiscation of their ID badge.

12. BACKGROUND INVESTIGATIONS AND SPECIAL AGREEMENT CHECKS:

All contractor employees are subject to the same level of investigation as VA employees who have access to VA Sensitive Information. The level of background investigation commensurate with the level of access needed to perform the statement of work is: Low Risk. This requirement is applicable to all subcontractor personnel requiring the same access. As per VA Directive 0710, costs of background investigations will be borne by the contractor.

13. REFERENCES TO VA ENGINEER, RESIDENT ENGINEER OR PROJECT MANAGER:

Any reference contained within the solicitation/contract specifications and/or drawings to the “VA Engineer,” “Resident Engineer,” or “Project Manager” or their abbreviations shall be replaced with “Contracting Officer’s Representative (COR).”

2.1 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

(End of Provision)

2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of Provision)

2.3 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)

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

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

(c) Evaluation of offers.

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

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.4 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 $3,000,000.00, whichever is less.

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

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

(End of Provision)

2.5 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021)

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

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

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

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

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

(End of Provision)

2.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Email VA Contract Specialist:

Rosario.chaidez1@va.gov Hand-Carried Address:

Email all protests to Rosario Chaidez Email: Rosario.chaidez1@va.gov CC: Daniel Jhun at email:

Daniel.jhun@va.gov

Mailing Address:

E-mail only

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

(End of Provision)

2.7 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for— March 20, 2025 at 11:00 AM(PT)

(c) Participants will meet at— 2615 East Clinton Ave, Parking Lot E, Fresno, CA 93703 (End of Provision)

2.8 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision.

(b) The use in this solicitation of any VAAR Acquisition Regulation (48 CFR Chapter FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Provision)

2.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Provision)

FAR Number
Title
Date
52.204-7
SYSTEM FOR AWARD MANAGEMENT
NOV 2024
52.204-16
COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING
AUG 2020
52.204-22
ALTERNATIVE LINE ITEM PROPOSAL
JAN 2017
52.211-6
BRAND NAME OR EQUAL
AUG 1999
52.215-1
INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITION
NOV 2021
52.229-11
TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND REPRESENTATION
JUN 2020
52.236-28
PREPARATION OF PROPOSALS—CONSTRUCTION
OCT 1997

2.10 VAAR 852.233-71 ALTERNATE PROTEST…

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