36C77622B0028 0002.pdf

5. PROJECT NUMBER (if applicable)

CODE 7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER 3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO. 1. CONTRACT ID CODE

FACILITY CODE CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR

ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office. is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRAC T ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES

SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this am endment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, rema ins unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER 16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30 PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243

(Type or print) (Type or print)

(Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code)

(If other than Item 6)

(Specify type of modification and authority)

(such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer)

1 6

610A4-21-701

36C776

Joshua Slapnicker

Department of Veterans Affairs Program Contracting Activity Central

6150 Oak Tree Blvd, Suite 300 Independence OH 44131

00076

Department of Veterans Affairs Program Contracting Activity Central

6150 Oak Tree Blvd, Suite 300 Independence OH 44131

To all Offerors/Bidders

36C77622B0028

06-09-2022

X

X X

X 1

The purpose of this amendment is to rescind and update clauses to this solicitation. It was found that VAAR Clause 852.232-70 was in conflict with the stated procedures of utilizing the Critical Path Methods for construction projects.

In this regard, VAAR 852.232-70 is to be considered null and void and replaced with VAAR 852.232-71 which is not in conflict with utilizing the Critical Path Methods.

VAAR 852.232-71 is included in this amendment.

Andrea Fink

Department of MEMORANDUM

Veterans Affairs

Date: June 9, 2022

From: Contracting Officer

To: All Potential Offerors for Solicitation 36C77622B0028

Subject: Clause Update — 36C77622B0028 EHRM Infrastructure Upgrades for the Fort Wayne

VA Medical Center (VAMC) at Fort Wayne, IN

Purpose: The Veterans Health Administration (VHA), Program Contracting Activity Central (PCAC) is issuing this amendment to provide all potential offerors the required information in order to proficiently carry out bidding and project management for the EHRM Infrastructure Upgrade project at the VAMC at

Fort Wayne, IN.

Included in the solicitation was VAAR 852.232-70 a clause that may cause conflict in utilizing Critical Path

Methods. VAAR 852.232-70 is to be considered null and void by all potential bidders, replaced by VAAR

852.232-71.

Summary: The solicitation has been updated with the proper VAAR clause.

Andrea Fink

Contracting Officer

VHA-PCAC

Prepared by Contract Specialist, Joshua Slapnicker

A.1 VAAR 852.232-71 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION

CONTRACTS (INCLUDING NAS– CPM) (NOV 2018)

The clause FAR 52.232–5, Payments Under Fixed-Price Construction Contracts, is implemented as follows:

(a) Retainage.

(1) The Contracting Officer may retain funds—

(i) Where performance under the contract has been determined to be deficient or the

Contractor has performed in an unsatisfactory manner in the past; or

(ii) As the contract nears completion, to ensure that deficiencies will be corrected and that completion is timely.

(2) Examples of deficient performance justifying a retention of funds include, but are no t restricted to, the following—

(i) Unsatisfactory progress as determined by the Contracting Officer;

(ii) Failure to meet schedule in Schedule of Work Progress;

(iii) Failure to present submittals in a timely manner; or

(iv) Failure to comply in good faith with approved subcontracting plans, certificat ions, or contract requirements.

(3) Any level of retention shall not exceed 10 percent either where there is determined to be unsatisfactory performance, or when the retainage is to ensure satisfactory completion.

Retained amounts shall be paid promptly upon completion of all contract requirements, but nothing contained in this paragraph (a)(3) shall be construed as limiting the Contracting Officer’s right to withhold funds under other provisions of the contract or in accordance with the general law and regulations regarding the administration of Government contracts.

(b) The Contractor shall submit a schedule of costs in accordance with the requirements of section ‘‘Network Analysis System—Critical Path Method (NAS–CPM)’’ to the Contracting

Officer for approval within 90 calendar days after date of receipt of notice to proceed. The approved cost schedule will be one of the bases for determining progress payments to the

Contractor for work completed.

(1) Costs as shown on this schedule must be true costs and the resident engineer may require the Contractor to submit its original estimate sheets or other information to substantiate the detailed makeup of the cost schedule.

(2) The total costs of all work activities/events shall equal the contract price.

(3) Insurance and similar items shall be prorated and included in each work activity/event cost of the critical path method (CPM).

(4) The CPM shall include a separate cost loaded activity for adjusting and testing of the systems listed in the table in paragraph (b)(5) of this clause. The percentages listed in paragraph (b)(5) will be used to determine the cost of adjust and test work activities/events and identify, for payment purposes, the value of the work to adjust, correct and test systems after the material has been installed.

(5) Payment for adjust and test activities will be made only after the Contractor has demonstrated that each of the systems is substantially complete and operates as required by the contract.

VALUE OF ADJUSTING, CORRECTING, AND TESTING SYSTEM

System Percen t

Pneumatic tube system………………………………………………………………………………. 10

Incinerators (medical waste and trash)……………………………………………………….. 5

Sewage treatment plant equipment……………………………………………………………. 5

Water treatment plant equipment……………………………………………………………… 5

Washers (dish, cage, glass, etc.)………………………………………………………………….. 5

Sterilizing equipment……………………………………………………………………………….…. 5

Water distilling equipment…………………………………………………………………………. 5

Prefab temperature rooms (cold, constant temperature)………………………….. 5

Entire air-conditioning system (Specified under 600 Sections)…………………… 5

Entire boiler plant system (Specified under 700 Sections)………………………….. 5

General supply conveyors…………………………………………………………………………… 10

Food service conveyors………………………………………………………………………….…… 10

Pneumatic soiled linen and trash system…………………………………………………… 10

Elevators and dumbwaiters………………………………………………………………………… 10

Materials transport system…………………………………………………………………………. 10

Engine-generator system……………………………………………………………………………. 5

Primary switchgear……………………………………………………………………………………… 5

Secondary switchgear………………………………………………………………………………….. 5

Fire alarm system………………………………………………………………………………………… 5

Nurse call system………………………………………………………………………………………… 5

Intercom system………………………………………………………………………………………….. 5

Radio system…………………………………………………………………………………………… ….. 5

TV (entertainment) system………………………………………………………………………… 5

(c) In addition to this cost schedule, the Contractor shall submit such unit costs as may be specifically requested. The unit costs shall be those used by the Contractor in preparing its bid and will not be binding as pertaining to any contract changes.

(d) The Contracting Officer will consider for monthly progress payments material and/or equipment procured by the Contractor and stored on the construction site, as space is available, or at a local approved location off the site, under such terms and conditions as the Contracting

Officer approves, including but not limited to the following—

(1) The materials or equipment are in accordance with the contract requirements and/or approved samples and shop drawings;

(2) The materials and/or equipment are approved by the resident engineer;

(3) The materials and/or equipment are stored separately and are readily available for inspection and inventory by the resident engineer;

(4) The materials and/or equipment are protected against weather, theft and other hazards and are not subjected to deterioration; and

(5) The Contractor obtains the concurrence of its surety for off-site storage.

(e) The Government reserves the right to withhold payment until samples, shop drawings, engineer’s certificates, additional bonds, payro lls, weekly statements of compliance, proof of title, nondiscrimination compliance reports, or any other requirements of this contract, have been submitted to the satisfaction of the Contracting Officer.

(f) The Contracting Officer will notify the Contractor in writing within 10 calendar-days of exercising retainage against any payment in accordance with FAR clause 52.232–5(e). The notice shall disclose the amount of the retainage in value and percent retained from the payment, and provide explanation for the retainage.

(End of Clause)

End of Document