36C26325B0010_1.pdf

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.

36C26325B0010

X

04-17-2025

568A4-22-205

36C263

Department of Veterans Affairs

Network 23 Contracting Office (NCO 23)

VA Black Hills HCS Fort Meade Campus

113 Comanche Rd.

Fort Meade SD 57741

Department of Veterans Affairs

Network 23 Contracting Office (NCO 23)

VA Black Hills HCS Fort Meade Campus

113 Comanche Rd.

Fort Meade SD 57741

Calvin Courtney 605-347-2511 x18006

Project Number: 568A4-22-205, Upgrade NFS Building 2 (HS)

POC: Calvin L. Courtney, calvin.courtney@va.gov

The contractor will be required to provide all tools, materials, equipment, labor and supervision necessary to complete the project, IAW the drawings, specifications and Statement of Work. The purpose of this project is to renovate the existing kitchen and serving areal of Building 2 at the Hot Springs, SD, VA Medical Center. The kitchen will be upgraded with new finishes, HVAC, plumbing and electrical systems. A combination of new and existing kitchen equipment will support the kitchen to function as a standalone facility with the capacity to serve three (3) meals per day for 100 residents.

This solicitation is issued IAW Public Law 109-461, the Veterans Benefits, Healthcare Information and Technology Act of

2006 , Sections 502 and 503, as a set-aside for Service Disabled Veteran Owned Small Business (SDVOSB) concerns.

Pursuant to 38 U.S.C. 8127(d), Veterans First Contracting Program, competition is restricted to SDVOSB construction firms, as there is an expectation that bids will be received by two (2) or more SDVOSB contractors under this solicitation. IAW VAAR 819.7003(b), at the time of submission of bids, and prior to award of a contract, the bidder must represent to the Contracting Officer it is an (1) SDVOSB eligible under VAAR 819.70; (2) small business concern under the NAICS code assigned to this acquisition; and (3) listed as a verified SDVOSB in VetCert database at https://www.veterans.certify.sba.gov.

The applicable NAICS Code for this acquisition is 236220, Commercial and Institutional Building Construction, with a

$45,000,000.00 SBA small business size standard. The magnitude of construction disclosure for this project is between

$2,000,000.00 and $5,000,000.00.

NOTICE: System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities 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.

For additional information pertaining to this Solicitation, see the Contracting Officer's Special Information and

Instructions.

10 180

X X 52.211-10

X

0 14:00 CDT

05-20-2025

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

See Price Schedule sheet.

Department of Veterans Affairs

Network Contracting Office (NCO) 23

Fort Meade VA Medical Center

113 Comanche Rd.

Fort Meade SD 57741

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center

PO Box 149971

Austin TX 78714-9971

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

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

A.4 STATEMENT OF WORK

NARA Records Management Language for Contracts (July 10, 2019)

RECORDS MANAGEMENT OBLIGATIONS

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

1.1 CONTRACTING OFFICER’S SPECIAL INFORMATION AND INSTRUCTIONS

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

2.2 52.216-1 TYPE OF CONTRACT (APR 1984)

2.3 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE

OF THE WORK (MAY 2014)

2.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION

MATERIALS (MAY 2014)

2.5 52.228-1 BID GUARANTEE (SEP 1996)

2.6 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE)

(FEB 2021)

2.7 52.233-2 SERVICE OF PROTEST (SEP 2006)

2.8 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

2.9 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

2.10 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION (OCT 2018)

2.11 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

2.12 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

REPRESENTATIONS AND CERTIFICATIONS

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

(DEVIATION FEB 2025)

3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

3.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—

REPRESENTATION AND DISCLOSURES (DEC 2023)

3.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

3.5 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—

CERTIFICATION (NOV 2021)

3.6 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND

REPRESENTATION (JUN 2020)

GENERAL CONDITIONS

4.1 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS (NOV 2021)

4.2 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (OCT 2018)

4.3 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984)

4.4 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(JAN 2025)

4.5 52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (AUG 2018)

(DEVIATION FEB 2025)

4.6 52.222-11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014) (DEVIATION

FEB 2025)

4.7 52.222-12 CONTRACT TERMINATION—DEBARMENT (MAY 2014) (DEVIATION

FEB 2025)

4.8 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (OCT 2022)

4.9 SUPPLEMENTAL INSURANCE REQUIREMENTS

4.10 52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025)

4.11 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

4.12 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

4.13 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

4.14 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (MAY 2020)

4.15 VAAR 852.204-71 INFORMATION AND INFORMATION SYSTEMS SECURITY

(FEB 2023)

4.16 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

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

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

(DEVIATION)

4.18 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

4.19 VAAR 852.222.71 COMPLIANCE WITH EXECUTIVE ORDER 13899

[(DEVIATION APR 2025)]

4.20 VAAR 852.223-71 SAFETY AND HEALTH (SEP 2019)

4.21 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)

4.22 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND

VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)

4.23 VAAR 852.232-70 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION

CONTRACTS (WITHOUT NAS– CPM) (NOV 2018)

4.24 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

4.25 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(APR 2019)

4.26 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019)

4.27 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019)

4.28 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT

ADMINISTRATION (OCT 2020)

4.29 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) .. 81

4.30 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT

(SEP 2019)

4.31 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

ATTACHMENTS

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00

JB

Project #: 568A4-22-205 - the Contractor will provide all required labor and materials to complete the Upgrade Nutrition and Food Service in Building 2. The kitchen and serving area of Building 2 will be upgraded to serve as a standalone kitchen to serve three (3) meals per day for 100 residents.

Contract Period: Base

POP Begin: TBD POP End: TBD

PRINCIPAL NAICS CODE: 236220 - Commercial and Institutional Building Construction PRODUCT/SERVICE CODE: Z1DZ - Maintenance of Other Hospital Buildings

GRAND TOTAL __________________

A.4 STATEMENT OF WORK

UPGRADE NUTRITION AND FOOD SERVICE IN BUILDING 2

HOT SPRINGS, SD

PROJECT #: 568A4-22-205

1. Background:

The Hot Springs VA Health Care System (SFVAHCS) requires the of renovation the existing kitchen in Building 2.

2. General

2.1. Title of Project: Upgrade Nutrition and Food Service in Building 2 – Hot Springs.

2.2. Scope of Work: Renovation of the existing kitchen and serving area of Building 2.

The kitchen will be upgraded with new finishes, HVAC, plumbing and electrical systems. A combination of new and existing kitchen equipment will support the kitchen to function as a standalone facility with the capacity to serve three meals per day for 100 residents.

Within the food production area, the project will include the addition and removal of existing walls to support the new kitchen layout. The work will include a new lay-in ceiling, new flooring and wall coverings. A new pad for condensing units will be located outside the east side of the building. Construction shall be completed according to the construction documents and specifications.

2.3. Background: The project is located at the Hot Springs VA campus. The address for the facility is 500 North 5th Street Hot Springs, SD 57747.

The purpose of this project is to upgrade the kitchen and serving area of Building 2 to serve as a standalone kitchen to serve three meals per day for 100 residents.

Working hours shall be during normal VA working hours (8:00 AM to 4:30 PM Monday through Friday).

2.4. Pre-bid Meeting & Site Visit:

2.4.1. All interested CONTRACTORs will be invited to a pre-bid meeting. While not required, the CONTRACTOR is strongly encouraged to attend the on-site pre-bid meeting. Access to the work areas and specific explanation of Scope of Work requirements will be discussed.

2.4.2. All questions must be officially submitted as an RFI through the Contracting

Officer. No comments, actions, or discussion (verbal or otherwise) are to be considered direction or answers to any questions, nor will they be considered accurate or binding unless submitted and answered in writing through the Contracting Officer as an official RFI. CONTRACTOR site visits outside of the Pre-Bid meeting will NOT be allowed.

2.5. Performance Period: The contractor shall complete the work required under this

SOW in 180 calendar days or less from date of Notice to Proceed, unless otherwise directed by the Contracting Officer (CO). If the contractor proposes an earlier completion date, and the Government accepts the contractor’s proposal, the contractor’s proposed completion date shall prevail. Work at the Government site shall not take place on Federal holidays or weekends unless authorized by the COR and Contracting Officer. If authorized, night hours can start no earlier than

4:30 PM.

2.6. Type of Contract: Firm-Fixed-Price Task Order contract.

3. Contract Award Meeting

3.1. The contractor shall not commence performance on the tasks in this SOW until the

Contracting Officer (CO) has conducted a pre-construction meeting or has advised the contractor that a kickoff meeting is waived.

4. General Requirements

4.1. This project shall have dedicated on site superintendent managing the construction effort, IAW FAR Clause 52.236-6.

4.2. For every task, the contractor shall identify in writing all necessary subtasks (if any), associated costs by task, along with associated sub-milestone dates. The contractor's subtask structure shall be reflected in the technical proposal and detailed work plan.

4.3. All written deliverables shall be phrased in layperson language. Statistical and other technical terminology shall not be used without providing a glossary of terms.

4.4. Where a written milestone deliverable is required in draft form, the VA will complete their review of the draft deliverable within 14 calendar days from the date of receipt.

The contractor shall have 14 calendar days to deliver the final deliverable from date of receipt of the Government’s comments, unless otherwise specifically outlined in the Governments response.

4.5. Contractor and Sub-contractor Conduct:

4.5.1. The CONTRACTOR shall ensure all personnel working on this contract are aware of Medical Center rules pertaining to employee behavior and conduct.

Employees of the CONTRACTOR and sub-contractors shall always conduct themselves in a professional manner while on VA CIHCS Medical Center property. Employees may be banned from Medical Center property because of inappropriate or illegal behavior.

4.5.2. The CONTRACTOR shall not be entitled to any compensation from the Government for any costs resulting from employee misconduct (including, but not limited to, delays in contract completion) and may be held liable for costs incurred by the Government as a result of employee misconduct.

4.5.3. Expectations:

4.5.3.1. Employees shall wear closed toed shoes, long pants, and shirts that always cover the shoulders and upper arms and clean of all dirt and debris before entering the medical center, and before leaving the work site.

4.5.3.2. Physical or verbal misconduct will be grounds for removing employees from Medical Center property, or grounds for arrest by the VA Police.

4.5.3.3. Tobacco use and vaping is 100% prohibited on all VA property except at designated areas near the campus entrances.

4.6. Schedule of Work:

4.6.1 The CONTRACTOR shall provide the COR with a preliminary schedule within 10 calendar days of NTP. The schedule shall be submitted in PDF format and digital format can be opened in Microsoft Project. The schedule shall include detail sufficient to allow proper project tracking and will include demo, phases, and estimated times of utility outage.

Any work that is to be performed outside normal business hours as identified on the plans is to be clearly identified on the schedule and additional after-hours / weekend work shall be approved by the COR prior to commencement of work.

4.6.2 At the Pre-construction Conference, the CONTRACTOR shall be prepared to discuss lead times, preliminary schedules, and their proposed construction phasing plan. The CONTRACTOR is to submit a formal schedule within 7 calendar days following the Preconstruction Conference to be approved by COR. In the event the schedule needs to be changed for any reason, the CONTRACTOR is responsible for notifying the COR within two (2) working days.

4.6.3 The schedule will be updated monthly by the CONTRACTOR and uploaded into the project management subscription service. A summary of progress and comments on any deviations from the schedule will be clearly identified in the monthly schedule review.

4.7 Pre-construction Conference:

4.7.1 Prior to commencement of the Work, in accordance with the General

Conditions, the OWNER will conduct a pre-construction conference to be held at a predetermined time and place (typically within 14 calendar days of NTP). The purpose of the conference is to designate responsible personnel, to establish a working relationship among the parties and to identify the responsibilities of the OWNER, VA personnel and the CONTRACTOR.

4.7.2 The Pre-construction Conference is to be attended by the representatives of the CONTRACTOR, major sub-contractors (scope of work amounts to 10% or more of the contract value), the COR and plant personnel that will be associated with the project. Representatives of regulatory agencies, sub-contractors, and principal suppliers may also attend when appropriate. The Pre-construction Conference will be chaired by the COR who will also arrange for the keeping and distribution of minutes to all attendees.

4.7.3 Matters requiring coordination will be discussed and procedures for handling such matters, established. The agenda will include:

4.7.3.1 ICRA (Infectious Control Risk Assessment)

4.7.3.2 Submittal procedures

4.7.3.3 Partial Payment procedures

4.7.3.4 Maintenance of Records

4.7.3.5 Schedules, sequences, and maintenance of facility operations

4.7.3.6 ILSM (interim life safety plan), Safety and First Aid responsibilities

4.7.3.7 Change Orders and Field Directive Changes

4.7.3.8 Use of site

4.7.3.9 Housekeeping

4.7.3.10 Equipment delivery

4.7.4 Progress Meetings:

4.7.4.1 The CONTRACTOR shall schedule progress meetings every other week or more frequently as warranted by the complexity of the Project, to review the Work, discuss changes in schedules, maintain coordination and resolve potential problems. The CONTRACTOR shall invite the COR, Architect, Engineer, and all sub-contractors who are involved in the Work. Vendors / Suppliers may be invited as appropriate.

4.7.4.2 The CONTRACTOR shall report on pertinent activities since the previous meeting, current work, coordination issues, and the two-week look ahead schedule. Additional items that should be included are:

4.7.4.2.1 Any safety/environmental incidents that occurred during the week

4.7.4.2.2 Need for VA to approve lift / safety / digging permits, etc. in the coming days

4.7.4.2.3 Update of the construction schedule:

4.7.4.2.3.1 A calendar schedule showing planned

progress vs. actual progress at the end of the week

4.7.4.2.3.2 Discussion of any deviation from the original

schedule

4.7.4.2.3.3 Discussion on remedies or planned actions to

rectify any schedule deviations

4.7.4.2.3.4 A forecast of any concerns or obstacles that

may impact the schedule

4.7.4.2.4 Change Orders and Field Directive Changes

4.7.4.2.5 Use of site

4.7.4.2.6 Housekeeping

4.7.4.2.7 Equipment delivery

4.7.4.3 Minutes of the meeting will be maintained by CONTRACTOR and distributed to invitees and attendees within 3 calendar days after each meeting.

5. Changes to Scope of Work

5.1. Any changes to this SOW shall be authorized and approved only through written correspondence from the CO. A copy of each change will be kept in a project folder along with all other products of the project. Costs incurred by the contractor through the actions of parties other than the CO shall be borne by the contractor.

6. Confidentiality and Nondisclosure

6.1. It is agreed that:

6.1.1. The preliminary and final deliverables, all associated working papers, and other material deemed relevant by VA and generated by the contractor in the performance of this task order, are the exclusive property of the U.S.

Government and shall be submitted to the CO at the conclusion of the task order.

6.1.2. The CO will be the sole authorized official to release, verbally or in writing, any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this task order. No information shall be released by the contractor. Any request for information relating to this task order, presented to the contractor, shall be submitted to the CO for response.

6.1.3. Press releases, marketing material, or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO.

NARA Records Management Language for Contracts (July 10, 2019) https://www.archives.gov/records-mgmt/policy/records-mgmt-language

RECORDS MANAGEMENT OBLIGATIONS

A. Applicability

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

B. Definitions

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

The term Federal record:

1. Includes VHA records.

2. Does not include personal materials.

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

4. May include deliverables and documentation associated with deliverables.

C. Requirements

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

These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

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

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

4. VA Black Hills Health Care System and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation.

Records may not be removed from the legal custody of VA Black Hills Health Care System or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to VA Black Hills Health Care System. The agency must report promptly to NARA in accordance with 36 CFR 1230.

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

Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

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

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VA Black Hills Health Care System policy.

8. The Contractor shall not create or maintain any records containing any non- public VA Black Hills Health Care System information that are not specifically tied to or authorized by the contract.

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

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

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VA Black Hills Health Care System -provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training. When training is required, it will be noted in the [contract vehicle], not all contracts require training.

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

D. Flow down of Requirements to Subcontractors

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

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

E. Privacy/HIPAA Rights Language Requirements

1. The contractor shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract.

2. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

3. The contractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations, and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations, and policies in this contract. Veterans will be afforded all privacy rights provided by VHA Handbook 1605.01 with regard to VA data under the vendor’s custody or control.

4. The contractor or subcontractor must notify the COTR\Service immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor’s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

5. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA.

6. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above-mentioned information, that contractor or subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

7. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

8. The contractor agrees to comply with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security Rules, the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies: the System of Records (SOR), and the design, development, or operation work that the contractor is to perform.

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND

BONDS

1.1 CONTRACTING OFFICER’S SPECIAL INFORMATION AND

INSTRUCTIONS

CONTRACT AWARD

Award may only be made with the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government, considering only price (see FAR 52.214-19). The low price will be evaluated by the Contracting Officer prior to award to confirm it is “a fair and reasonable price that is most advantageous to the Government”.

CONTRACTOR’S SIGNATURE

Contractual documents (e.g. bids, amendments, awards, modifications, etc.) must be completed and signed by the contractor as follows (see FAR 4.102):

• Individuals. Signed by the individual. Individual doing business as a firm, signed by that individual and the signature shall be followed by the individual’s typed, stamped or printed name and the words, “an individual doing business as (insert name of firm”.

• Partnership. Signed in the partnership name. Prior to award, provide list of all partners and designate which partners have authority to bind the partnership.

• Corporations. Signed in the corporate name followed by the word “by” and the signature and title of the person authorized to sign. Prior to award, provide list of individuals who have authority to bind the corporation.

• Joint Ventures. Signed by each participant in the joint venture in the manner prescribed.

• Agents. When an agent is to sign the contract the agent’s authorization to bind the principal must be established by evidence satisfactory to the Contracting Officer.

SITE VISIT

A formal site visit has been scheduled for this project, please see FAR 52.236-27, Site Visit (Construction), for details. The date and time set within this solicitation will be the only opportunity for potential bidders to visit the site. All potential bidders, subcontractors and suppliers are strongly encouraged to attend this site visit.

TECHNICAL QUESTIONS AND INQUIRIES

Questions of a technical nature and inquiries concerning this solicitation must be provided in writing and must be submitted by the prospective bidders to the Contracting Officer, Calvin L.

Courtney. Questions shall be submitted ONLY via email to: calvin.courtney@va.gov. The subject line must read “36C26325B0010; PN: 568A4-22-205; Upgrade NFS Bldg. 2 (HS) Questions”. Telephone inquiries will not be accepted. Questions, inquiries or such are due no later than 2:00 PM (Central Time) on 29 April 2025. No questions will be accepted or answered after this deadline. All questions will be answered and/or responded to via an Amendment after the questions deadline.

mailto:calvin.courtney@va.gov

YOU ARE INSTRUCTED SPECIFICALLY TO CONTACT ONLY THE CONTRACTING

OFFICER ISSUING THIS SOLICITATION ABOUT ANY ASPECT OF THIS REQUIREMENT

PRIOR TO CONTRACT AWARD.

BIDDING MATERIAL

Bidding materials consisting of Invitation for Bids, drawings, specifications and contract forms will be available on https://sam.gov in electronic format only. All interested parties (subcontractors & primes) should register at https://sam.gov as an “Interested Vendor” so that others will know of your interest in participating in this procurement. A Bidder’s mailing list WILL NOT BE prepared by the Contracting Officer.

Amendments to the 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. By registering to “Received Notification”, you will be notified by email of new amendments that have been issued and posted. Bidders are reminded that they are responsible for obtaining and acknowledging all amendments to this solicitation prior to the time for receipt of bids. Failure to acknowledge an amendment may result in the Bid being considered non-responsive.

PREPARATION OF BIDS

The Government will not pay for any costs incurred in the preparation and submission of bids.

BID SUBMISSION DOCUMENTS

Files should be in Adobe PDF (Portable Document Format) Files: Size: Maximum size of the e-mail message shall not exceed five (5) megabytes. If the size limits are exceeded, the VA may not receive the file and/or you may not be considered. Only one email is permitted. This email should contain at least the following:

• Standard for (SF) 1442 Solicitation, Offer and Award: The bidder shall complete and sign the “Bid” section of the SF 1442. Please include your companies Unique Entity Identifier associated with SAM.gov in Block 14.

• Acknowledgement of All Amendments: The bidder shall agree to and acknowledge all amendments by either 1) completing block 19 of the SF 1442 or 2) return the signed amendment form(s) with the submission.

• Price Schedule: The bidder must complete the Price Schedule provided in this solicitation.

• Price Breakdown: The bidder must also provide a separate breakdown of costs, this can be provided in a Microsoft Excel format.

• Bid Guarantee: The bidder shall furnish a bid guarantee (see FAR 52.228-1). The bid guarantee shall be provided on Standard Form 24. The Power of Attorney document must be included with the bid guarantee.

• Tax on Certain Foreign Procurements – Notice and Representation: The offeror shall provide their response to FAR 52.229-11(d).

https://sam.gov/

• Representations and Certifications: As the provision at FAR 52.204-7 is included in the solicitation, FAR 52.204-8(d) applies and the fill-in for FAR 52.204-8(b)(2) does not need to be completed. The bidder is required to complete the annual representations and certifications electronically at http://sam.gov.

• Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment: The bidder must provide their response to FAR 52.204-24(d) Representations.

• Information Regarding Responsibility Matters: The bidder must provide their response to FAR 52.209-7(b).

• Violation of Arms Controls Treaties or Agreements: The bidder must provide their response to FAR 52.209-13(b) Certification.

• Post Award Small Business Program Representations: The bidder must provide their response to FAR 52.219-28(h), if applicable.

DELIVERY OF BIDS

In accordance with FAR 14.202-8, send all submission documents via email to the Contracting Officer, Calvin L. Courtney at calvin.courtney@va.gov NLT 2:00 PM (Central Time) on Tuesday, 20 May 2025. The subject line must read: 36C26325B0010; PN: 568A4-22-205;

Upgrade NFS Bldg. 2 (HS) Bid.

Bids received after this time may be rejected. Bidders are responsible for ensuring and verifying their bid and all required bid documents are received at the email address designated in block eight (8) of the SF 1442 solicitation and by the date and time specified in block 13a of the SF 1442 solicitation (subject to amendment).

BID OPENING

There will not be a face-to-face public bid opening. All Contractors providing an electronic bid submission must still meet all requirements listed under “Bid Submission Documents” in the solicitation. The bid opening and public reading of the bids will be via teleconference. Bidders may call 1-872-701-0185 at 2:00 PM (Central Time) on Tuesday, 20 May 2025, and enter phone conference ID 770136320# to join.

The bid submission emails will be kept in an electronic folder unread until stated date and time, at which time the bids will be opened and read to the public.

In the event there are any concerns with the bids, IAW FAR 14.402-1(c), Microsoft Teams will be used to assist in the examination of the bid(s).

INFORMATION REGARDING BID GUARANTEE AND BONDS

Bidders are to ensure the most current version of the SF24, SF25 and SF25A bod forms are used. Current versions of these forms can be found and downloaded from the GSA Forms Library (https://gsa.gov/reference/forms).

A bid guarantee (SF24) 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 opening of bids, will require rejection of the bid in all cases http://sam.gov/ mailto:calvin.courtney@va.gov https://gsa.gov/reference/forms except those listed in FAR 28.101-4 and may be cause for rejection even then. A copy of the bid guarantee shall be submitted as part of the electronic submission and the original copy of the bid bond shall be retained by the contractor.

Failure to provide the electronic bid guarantee by the date and time set for receipt of bids may deem the bid non-responsive.

Performance Bond (SF25) and Payment Bond (SF25A) in the penal sum of 100% of the awarded contract amount shall be submitted within ten (10) calendar days after award, to the Contracting Officer for approval. Commencement of construction is contingent upon approval of required bonds. Copies of SF25 and SF25A may be obtained upon application of the issuing office.

DETERMINATION OF NON-RESPONSIVE

Bids received pertaining to this solicitation will be reviewed for responsiveness. Failure to provide documentation as outlined in the Bid Submission Documents section of the solicitation by the date and time set for receipt of bids may deem the bid non-responsive.

Any exception to the terms and conditions of this Invitation for Bid (IFB) will result in a non-responsive bid.

Failure to provide a definitive price will result in a non-responsive bid.

DETERMINATION OF RESPONSIBILITY

A Determination of Responsibility will be conducted for the apparent low bidder/awardee prior to award of the project. The above information, along with other information obtained from Government systems, such as, but not limited to the OSHA and EPA online inspection history databases, as well as any other information the Contracting Officer has determined to be valid, will be used to make the Determination of Responsibility.

Note: Any information received by the Government that would be cause for a negative Determination of Responsibility may make the bidder ineligible for award.

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

To be determined responsible, a prospective contractor must:

• Have adequate financial resources to perform the contract, or the ability to obtain them.

• Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and Governmental business commitments.

• Have a satisfactory performance record.

• Have a satisfactory record of integrity and business ethics.

• Have the necessary organization, experience, accounting and operations controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors).

• Have the necessary production, construction and technical equipment and facilities, or the ability to obtain them.

• Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

Note: The Contracting Officer shall obtain information regarding the responsibility of the prospective low bidder, including requesting pre-award surveys, when necessary, promptly after a bid opening IAW FAR 9.105-1, Obtaining Information. The prospective low bidder must be prepared to provide documentation to support this determination within two (2) business days following bid opening.

VETS 4212

Title 38, U.S.C. 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 don electronically at https://www.dol.gov/vets/vets4212. 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.

SYSTEM FOR AWARD MANAGEMENT (SAM)

Federal Acquisition Regulations require federal contractors to register in the System for Award Management (SAM) database (https://sam.gov) and enter all mandatory information into the system. Bidders are required to be registered in SAM at the time an offer is submitted in order to comply with the annual representations and certifications requirements (see FAR 52.204-7).

REVIEW REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE

ASSESSMENT REPORTING SYSTEM (CPARS)

As prescribed in FAR Part 42.1502(e), the Department of Veterans Affairs (VA) evaluates contractor past performance on all construction contracts that exceed $750,000.00 and shares those evaluations with other Feder Government Contract Specialists and procurement officials.

The FAR requires the contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement, the VA uses an online database, CPARS, which is maintained by the Naval Seal Logistics Center in Portsmouth, Virginia. CPARS is available to all Federal agencies and is the system used to collect and retrieve performance assessment reports used in source selection determinations. CPARS also includes access to the Federal Awardee Performance and Integrity Information System (FAPIIS). FAPIIS is a web-enabled application accessed via CPARS for contractor responsibility determination information.

Each contractor whose contract award is estimated to exceed $750,000.00 is required to register with CPARS database (https://cpars.gov). Help registering can be obtained by contacting the Customer Support Desk at (207) 438-1690. Registration should occur no later than thirty days after contract award and must be kept current should there be any change to the contractor’s registered representative.

https://www.dol.gov/vets/vets4212 https://cpars.gov/

For contracts with a period of one year or less, the Contracting Officer will pe4rform a single evaluation when the contract is complete. For contract exceeding one year, the Contracting Officer will evaluate the contractor’s performance annually. Interim reports will be filed each year until the last year until the last year of the contract, at which time a final report will be completed.

The report shall be assigned in CPARS to the contractor’s designated representative for comment. The contractor’s representative will have 30 calendar days to submit any comments and reassign the report to the VA Contracting Officer.

Failure to have a current registration in the CPARS database, or to reassign the report to the VA Contracting Officer within those 30 calendar days, will result in the Government’s evaluation being placed on file in the database with a statement that the contractor failed to respond.

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 is commensurate with the level of access required to perform all work identified in the solicitation/award documents. 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. Please be advised, the awardee will need to coordinate with the VA Medical Center concerning badging requirements.

HHS/OIG…