36C26125R0064 06.26.2025.pdf

RFP 36C26125R0064

NCO 21 MACC

GROUP 1

TASK ORDER PROPOSAL REQUEST

Draft Name of Project: Replace B20 Cooling Tower

Place of Performance: Martinez VA Medical Center – 150 Muir Road, Martinez, CA 94553.

NOTICE TO VETERANS INTEGRATED SERVICE NETWORK 21 (VISN 21)

MULTIPLE AWARD CONSTRUCTION CONTRACT (MACC) HOLDERS

Description: THE SOLCITATION IS 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).

Project specifications and all associated project documents shall be incorporated into the Task Order Proposal Request.

Point of Contact: Alison Weinstein, Contract Specialist, alison.weinstein@va.gov AND Jose A. Hernandez, Contracting Officer, jose.hernandez1@va.gov.

Site Visit: Site visits details and RFI and proposal due dates are on the continuation page of the solicitation.

mailto:alison.weinstein@va.gov mailto:jose.hernandez1@va.gov

MACC GROUP 2

Acierto, LLC Hawk Contracting Group, LLC 2053 North 2000 West 2400 E Main St. STE F OGDEN, UT 84404 Montrose, CO 81401

Bexar-Advanced Solutions Group, LLC Patriot Construction, Inc.

47 E Crestwood Road 4646 Qantas Lane, Ste B4 STE 2 Stockton, CA 95206 Kaysville, UT 84037 Saw-Greenland JV D Square Construction, LLC 760 Lynnhaven PKWY STE 210 530 E 27th St. Virginia Beach, VA 23452 Tucson, AZ 85713 Sergents Mechanical Systems Inc.

ESA South, Inc. 235 Quail CT 1681 Success Drive Santa Paula, CA 93060 Cantonment, FL 32533

GroundLevel – Overaa Joint Venture GroundLevel Construction, Inc.

4749 Clayton Rd.

Concord, CA 94521

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

1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION 3. DATE ISSUED PAGE OF PAGES

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014) STANDARD FORM 1442

Prescribed by GSA-FAR (48 CFR) 52.236-1(d)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION SOLICITATION

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SEALED BID (IFB)

NEGOTIATED (RFP)

11. The Contractor shall begin performance within ____________ calendar days and complete it within ____________ calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See _____________________________).

YES NO

a. Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

b. An offer guarantee is, is not required.

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

3 35

36C26125R0064

X

06-24-2025

612-26-1-6056-0003

612-25-019

36C261

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Palo Alto Health Care System (90/NCA) 3801 Miranda Ave Palo Alto CA 94304-1207

Alison Weinstein 650-582-9818

See continuation page.

10 180

X X 52.211-10

X 10 calendar days

1 4:00 PM PDT

07-15-2025

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

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Palo Alto Health Care System (90/NCA) 3801 Miranda Ave Palo Alto CA 94304-1207

Department of Veterans Affairs FMS-VA-2(101) Financial Services Center

PO Box 149971 Austin TX 78714-9971

36C26125R0064 CONTINUATION PAGE

1. Network Contract Office (NCO) 21 at Martinez VA Medical Center – 150 Muir

Road, Martinez, CA 94553, is seeking a construction contractor to conduct a one-to-one replacement of the existing cooling tower for Building 20 at the VA Northern California Health Care System (VANCHS) Martinez campus. The project number is 612-25-019.

2. This procurement has been 100% set aside for SDVOSB under the VISN 21 MACC Group 1.

3. An award will be made to the responsible offeror whose offer, conforming to the RFP, will be most advantageous to the government, considering Price Only.

4. The work shall include all equipment, labor, material, testing, certification, demolition, disposal, and new construction as demonstrated in the specifications and drawings to have a complete and fully functional system.

5. The Contractor shall furnish all services, materials, testing, equipment, and supervision as required in connection with this Statement of Work, Drawings and Specifications. All work will conform to the facility requirements as outlined in the drawings, specifications; and all federal, state, and local requirements.

6. All work to be performed during normal working hours from 7:30 AM to 4:00 PM Monday through Friday, except holidays. Any work that creates noise loud enough to impact patient operations, disturb patients or staff is to be accomplished after working hours. Construction work that impacts operation of the Medical Center may require after-hours work as well.

5. The period of performance is approximately 180 calendar days after issuance of notice to proceed.

6. The applicable NAICS code is 236220, Commercial and Institutional Building Construction, Size Standard: $45.0 million. PSC Code is 4120, Air Conditioning Equipment.

7. Wage Determination CA2025008 05.23.2025 applies to this requirement.

8. The FORM 852.219-75 VA NOTICE OF LIMITATIONS SUBCONTRACTING- CERTIFICATE OF COMPLIANCE must be properly completed and returned with your proposal for the offer to be eligible for review.

9. Brand name or equal requirements apply to this requirement.

10. The Buy American Act applies to this requirement.

36C26125R0064 CONTINUATION PAGE

11. Site Visit: Monday, July 7, 2025, at 9:00 AM PDT. Location: Martinez VA Medical Center, 150 Muir Road, Martinez, CA 94553. Meet in front of building R3 with Contracting Officer Representative (COR) David Garcia. See attached picture for location of site visit.

12. RFI due date: All RFIs must be received no later than 8:00 AM PDT on Wednesday, July 9th, 2025, using the attached RFI Form.

13. Offer due date: All offers must be received no later than 4:00 PM PDT on Tuesday, July 15th, 2025.

13. All offers must be emailed to alison.weinstein@va.gov AND jose.hernandez1@va.gov.

14. Bid, Performance, and Payment bonds apply to this requirement.

15. The disclosure of magnitudes per FAR 36.204 is between $500,000 and $1,000,000.

16. Specifications are attached to this solicitation. Some specifications reference other specifications. Those referenced specifications are available at the following website: https://vatilms.va.gov/vatilms/reports/VA%20Specs.

///////////////////////////////////////////////LAST ITEM////////////////////////////////////////////////// https://vatilms.va.gov/vatilms/reports/VA%20Specs

Table of Contents

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)

A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION,

ALTERATION, OR REPAIR)– BACK

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS Error!

Bookmark not defined.

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2025)

(DEVIATION FEB 2025)

3.2 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—

REPRESENTATION AND DISCLOSURES (DEC 2023)

3.3 52.225-1 BUY AMERICAN—SUPPLIES (OCT 2022)

3.4 52.225-2 BUY AMERICAN CERTIFICATE (OCT 2022)

GENERAL CONDITIONS

4.1 52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022)

4.2 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

4.3 SUPPLEMENTAL INSURANCE REQUIREMENTS

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE

AND BONDS

Bid, Performance, and Payment bonds apply to this requirement. See instructions.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO

BIDDERS/OFFERORS

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.

QUOTATION SUBMISSION:

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

One (1) original completed Quotation amount entered in block 17 of the SF1442 Offer page;

One (1) fully completed Supplemental Price Breakdown by Division Sheet

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

One (1) original completed/signed SF 24 Bid Bond (scanned PDF is acceptable for email, with original wet signature original due to the Contracting Officer within 3 calendar days after closing).

One (1) Documentation of Safety & Environmental Record and Documentation of Experience Modification Rate (EMR) (See below instructions).

One (1) 852.219-75 Limitations on Sub-Contractors Certificate must be filled out.

An offer that fails to include a properly completed LOS certificate of compliance cannot be evaluated and thus is ineligible for award.

An offer that fails to include a properly completed certification by the time proposals are due will be rejected by the agency. The signature must be tendered by an individual who is authorized to execute the certification on behalf of the offeror.

1. Offeror’s Name: The name should match the actual legal name of the offeror as captured in SAM.gov. If the offeror’s name is ‘SDVOSB Craftsman, LLC,’ the full legal name of the entity must be entered in each separate section of the certification that contains the following brackets:

[Insert Name of Offeror]. It is not sufficient for the offeror’s company name to be inserted at the bottom of the certification only. The offeror’s name must be entered in the brackets referenced above.

2. Printed Name and Title of Signee: Enter the printed name and job title of the signee.

3. Signature: The certification statement must be signed by an individual who is authorized to execute the certification on behalf of the offeror.

4. Date: The certification must be properly dated.

5. Company Name and Address: The certification must include the signee’s complete business name and address.

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

OFFERS ARE TO BE SENT TO:

One (1) electronic copy via email of the price proposal are to be sent to arrive on or before the due date/time at the following email address:

Proposals have been authorized and are to be sent by email to Alison Weinstein, Contract Specialist, alison.weinstein@va.gov AND Jose A. Hernandez, Contracting Officer, jose.hernandez1@va.gov.

Solicitation number and title must be in the title of the email. Faxed quotations are not permitted under any circumstances.

REQUESTS FOR INFORMATION (RFI):

To obtain clarifications and/or additional information concerning the contract requirements or specifications, submit a written RFI utilizing the RFI Form included in this RFP, which is to be sent via email to Alison Weinstein, Contract Specialist, alison.weinstein@va.gov AND Jose A. Hernandez, Contracting Officer, jose.hernandez1@va.gov. See RFI form for specifics.

RFI responses will be responded to as necessary in amendment format, which will posted/e-mailed to all concerned.

Deadline for submission of RFIs for this solicitation is Wednesday, July 9th, 2025, at 8:00 AM PDT.

No questions will be answered after this date/time unless determined to be in the best interest of the Government as determined by the Contracting Officer. Telephone requests for information will not be accepted or returned.

QUOTATION DUE DATE SCHEDULE:

Quotation volumes and the electronic copy are due by the date and time set for the receipt of quotations shown in Block 13 of the SF 1442.

INSTRUCTIONS TO OFFERORS:

Quotation received after Tuesday, July 15th at 4:00 PM PDT may be rejected.

Any exception to the terms and conditions of this RFP will result in a nonresponsive quotation.

Failure to provide a definitive price or conditioned price will result in a nonresponsive quotation. Receipt of a Price Quotation must be in accordance with terms and conditions of this RFP. Offerors must acknowledge (in writing only) amendments to this solicitation, otherwise a quotation may be determined nonresponsive.

The apparent successful offeror must be determined as “responsible” by the Contracting Officer in mailto:alison.weinstein@va.gov mailto:jose.hernandez1@va.gov accordance with FAR Part 9, Contractor Qualifications.

SITE VISIT:

Potential Offerors are strongly urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of performing construction services. Failure to inspect the site shall not constitute grounds for a claim after contract award.

See specific information regarding the project pre-offer site visit, which will be the only opportunity for potential Offerors to visit the site. All potential Offerors, subcontractors, and suppliers are strongly encouraged and expected to attend the pre-offer site visit. Site Visit: Monday, July 7, 2025, at 9:00 AM PDT. Location: Martinez VA Medical Center, 150 Muir Road, Martinez, CA 94553. Meet in front of building R3 with Contracting Officer Representative (COR) David Garcia. See attached picture for location of site visit.

BID GUARANTEE:

A bid guarantee is required in an amount not less than 20 percent of the bid price. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for the opening of bids, will require rejection of the bid in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then.

PERFORMANCE & PAYMENT BONDS:

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

LIQUIDATED DAMAGES: N/A

WAGE DETERMINATION APPLICABLE TO THIS PROJECT:

General Decision Number: CA2025008 05.23.2025

PER VHA DIRECTIVE 7715 (06 April 2017) SAFETY & ENVIRONMENTAL RECORD AND

EXPERIENCE MODIFICATION RATE (EMR):

To be eligible for consideration and award, the contractor shall have no more than three serious, or one repeat, or one willful OSHA or EPA violation(s) in the past 3 years and have an EMR of equal to or less than 1.0.

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

1. SAFETY & ENVIRONMENTAL RECORD: A self-certification on company letterhead that the contractor has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or any EPA violation(s) in the past three years.

2. EMR: All contractors shall submit information regarding their current EMR. This information shall be obtained from the contractor’s insurance carrier and be furnished on the insurance carrier’s letterhead. Must have an EMR of equal to or less than 1.0.

PRIVACY TRAINING:

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

TRAINING:

All employees of the general contractor and subcontractors shall have the 10-hour OSHA certified construction safety course and/or other relevant competency training, as determined by the COR with input from the ICRA (Infection Control Risk Assessment) team. The General Contractor’s Competent Person/Superintendent shall have completed the 30-hour OSHA certified construction safety course.

Documentation of training shall be submitted to the Contracting Officer for review and approval prior to any work being performed. No ID badge will be issued to an employee who does not provide this documentation. There shall be no exceptions to this requirement.

PRIVACY AND CONFIDENTIALITY:

Contractors to the Department of Veteran Affairs may be unintentionally exposed to sensitive information. Information may be overheard, seen on documents or electronic devices, or observed that could potentially violate the privacy and confidentiality of our veterans, employees, volunteers, and their families. Regulations such as, but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Freedom of Information Act (FOIA) and Privacy Act of 1974 have been enacted to protect sensitive information from being improperly disclosed. Information should not be divulged or released to anyone unless specifically authorized by this contract or its’ attached documents in accordance with the contracted services. Failure to comply with applicable statutes and regulation can result in the termination of this contract and civil and criminal penalties, including fines and imprisonment. All suspected or actual breeches of privacy and confidentiality should be reported immediately to the Contracting Officer, Contracting Officer’s Representative (COR) or the Facility Privacy Officer.

The C&A requirements do not apply, and a Security Accreditation Package is not required. If the contractor opts to use a computer or computer system for processing contract documents, the requirements of FIPS 140-2 for encryption of contract documents must be met.

PLANS/SPECIFICATIONS/DRAWINGS:

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

BRAND NAME OR EQUAL:

The RFP may include the salient characteristics of the “or equal” aspect for determination of what is equal to any cited brand name. See FAR 52.211-6 for “brand name or equal” information. Please note that, wherever a brand name is cited, contractor shall ensure, in any resultant contract, that any equal has the salient characteristics of the brand name. Lack of confirmation shall be grounds for Government inspection at any time and Government direction for replacement of materials or equipment by the Contractor at no increase in contract price or time.

SYSTEM FOR AWARD MANAGEMENT (SAM):

Federal Acquisition Regulations require that federal contractors register in the System for Award Management (SAM) database at http://www.sam.gov and enter all mandatory information into the system. Award cannot be made unless the contractor is registered. Contractors are encouraged to ensure that they are registered in SAM prior to submitting their quotation.

ADDITIONAL VETBIZ INFORMATION:

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

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

a. SDVOSB concern http://www.sam.gov/

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

c. Verified for eligibility in the dsbs.sba.gov database.

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

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

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

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

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

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

JOINT VENTURES: See 13 C.F.R. § 121.103 Affiliation based on joint ventures: A joint venture is an association of individuals and/or concerns with interests in any degree or proportion consorting to engage in and carry out no more than three specific or limited-purpose business ventures for joint profit over a two-year period, for which purpose they combine their efforts, property, money, skill, or knowledge, but not on a continuing or permanent basis for conducting business generally.

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

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

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

RESPONSIBILITY REQUIREMENTS:

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

CONFORMANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS:

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

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

REFERENCES TO VA ENGINEER, RESIDENT ENGINEER, SENIOR RESIDENT ENGINEER,

and PROJECT MANAGER:

Any reference contained within solicitation documents, and any resultant contract, the terms Contracting Officer's Technical Representative (COTR), Contracting Officer's Representative (COR), Project Engineer (PE), Resident Engineer (RE), and Project Manager (PM), all denote the same engineering official and may be used equally and interchangeably as described by the Contracting Officer (CO).

SMOKE AND CARBON MONOXIDE MONITORING REQUIREMENTS:

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

NOTICE TO PROCEED (NTP):

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

BASIS FOR AWARD

EVALUATION:

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

STATEMENT OF WORK

Replace B20 Cooling Tower

Project #612-25-019

1. GENERAL INTENTION:

A. The purpose of this project is to conduct a one-to-one replacement of the existing cooling tower for building 20 at the VA Northern California Health Care System (VANCHS) Martinez campus.

B. The cooling tower to be installed will be the same model, brand name or equal, but with different material coils. Instead of the existing material for coils (galvanized steel), contractor will install cooling tower with stainless steel coils. Existing collection basin is also stainless steel.

C. The Contractor will furnish all labor, materials, equipment, and supervision needed to perform all demolition, replacement, and installation required by this scope as required by specifications.

D. Location of work: The location for construction services is:

Martinez VA Medical Center – 150 Muir Road, Martinez, CA 94553.

See Exhibit A to get general idea of construction area.

E. Visit to the site by bidders will take place per information referenced in the solicitation.

F. The contractor will assume that there are no staging areas available within the facility premises. The Contractor must note that there is absolutely NO Contractor employee parking in Patient Parking designated areas. NCHCS will not invalidate or make reimbursement for parking violations for the Contractor under any conditions.

G. The Contractor will be responsible for the disposal of all equipment components to be replaced as part of this project.

H. Schedule of work; all work to be performed during normal working hours from 7:30

AM to 4:00 PM Monday through Friday, except holidays. Any work that creates noise loud enough to impact patient operations, disturb patients or staff is to be accomplished after working hours. Construction work that impacts operation of the Medical Center may require after-hours work as well.

I. The Contractor will prepare any necessary construction documents and provide all necessary/required professional engineering services to include, but not limited to tools, equipment, materials, labor, travel, expertise, supervision, testing, analysis, and specialty services to accomplish all items and requirements outlined in this SOW. All work will comply with all applicable federal, state, local and VA regulations and requirements.

VA Northern California Health Care System

2. SCOPE OF WORK

A. The Contractor will replace the existing building 20 cooling tower at the Martinez VA Medical Center with the same model cooling tower: SPX Marley MHF7107, brand name or equal. Contractor shall field verify existing cooling tower model number to ensure that the correct replacement unit is installed. The newly installed cooling tower will have stainless steel coils instead of existing material (galvanized steel).

B. The Contractor will schedule with the COR whenever utilities need to be shut down and will work with VA Engineering personnel to shut down utilities. The same applies when turning utilities back on. See Exhibit B to see utility connections.

C. The Contractor will disconnect all existing piping from existing cooling tower, including condenser water supply, condenser water return, makeup water supply, and blow down drain. The contractor will disconnect all existing conduit and cabling from existing cooling tower, including motor and circulation pump wiring.

The contractor will reconnect all existing piping and electrical components to the replacement cooling tower once installed. The contractor will protect existing utility piping and materials throughout the time that piping is left disconnected.

The contractor will replace any existing material if damaged by the contractor, at expense to the contractor.

D. The Contractor will reuse existing cabling, conduit/pipe supports, and fasteners.

If these are damaged by the Contractor, the Contractor will replace existing with new at expense to the Contractor.

E. The contractor will dispose of all equipment, material, and waste demolished or replaced as part of this project at an off-site location. This includes the cooling tower, drained water, etc.

F. The contractor will install the replacement cooling tower in accordance with the manufacturer’s standards/procedures. The existing concrete pads and beams will be used for the installation of the new cooling tower.

G. The contractor will flush out debris and disinfect all newly installed equipment, piping, and distribution system components prior to being placed into service.

Documentation of flushing and disinfection must be maintained.

H. The contractor will meet with the Contractors Officers Representative (COR) to discuss and outline phasing requirements for the project. These phasing requirements will describe the general sequence of the project work, estimated project duration, and what Government constraints will exist that will influence the Contractor’s approach to the construction project.

I. Martinez VA Medical Center is an active medical center and therefore will require consideration to patients and staff. Major disruptions to the operations of the medical center or safety concerns may require after-hours work.

J. The Contractor will be responsible for the administration and management of all aspects of this SOW. This includes responsibility for all Contractor employees, Subcontractors, Agents, and anyone acting for or on behalf of the Contractor.

K. This Period of Performance (POP) for this project is 60 calendar days from notice to proceed (NTP) plus additional lead time of no greater than 120 days for a total POP of up to 180 calendar days.

L. Attachments – Use as reference only. Contractor to field verify.

a. Exhibit A – Cooling Tower Location

b. Exhibit B – Utility Drawings

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. RECORDS MANAGEMENT REQUIERMENTS:

The following standard items relate to records generated in executing the contract and should be included in a typical Electronic Information Systems (EIS) procurement contract:

A. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

B. Contractor will treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency will have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

C. Contractor will not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

D. Contractor will 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 by the Freedom of Information Act.

E. Contractor will not create or maintain any records containing any Government

Agency records that are not specifically tied to or authorized by the contract.

F. The Government Agency owns the rights to all data/records produced as part of this contract.

G. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

H. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

I. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C.

2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

J. 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, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

END OF STATEMENT OF WORK

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN

2025) (DEVIATION FEB 2025)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $45 Million.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services—Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations— Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(xiv) [Reserved].

(xv) [Reserved].

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of biobased products in USDA-designated product categories; or include the clause at 52.223-2, Reporting of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xix) [Reserved].

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate.

(Basic, Alternates II and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $100,000, the provision with its Alternate II applies.

(C) If the acquisition value is $100,000 or more but is less than $102,280, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan— Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[X] (i) 52.204-17, Ownership or Control of Offeror.

[X] (ii) 52.204-20, Predecessor of Offeror.

[] (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

[] (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Certification.

[] (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Certification.

[] (vi) 52.227-6, Royalty Information.

[] (A) Basic.

[] (B) Alternate I.

[] (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of Provision) https://www.sam.gov/

3.2 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…