36C77626R0001 0003.docx

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Y1BG--561A4-22-700 EHRM Infrastructure Upgrades Construction - Lyons, NJ VAMC
Solicitation number
36C77626R0001
Issued by

About this file

This is Amendment 0003 to solicitation 36C77626R0001 for Lyons EHRM Infrastructure Upgrades Construction at the Lyons, New Jersey Veterans Affairs Medical Center, issued by the Department of Veterans Affairs Program Contracting Activity Central on February 24, 2026. The amendment serves two primary purposes: to provide the technical question tracker with all supporting attachments and VA responses, and to remove and replace VAAR 852.232-71 with VAAR 852.232-70, establishing new payment requirements under fixed-price construction contracts without CPM scheduling.

The amendment implements VAAR 852.232-70 (Payments Under Fixed-Price Construction Contracts, November 2018), which establishes retainage provisions capped at 10 percent of payments for unsatisfactory performance or to ensure completion, requires contractors to submit a detailed cost schedule within 30 days of notice to proceed in triplicate format, and allows for progress payments on materials and equipment stored on or off-site subject to Contracting Officer approval. The clause specifies payment withholding provisions for missing submittals, samples, shop drawings, bonds, and compliance documentation, and mandates written notification within 10 calendar days when retainage is exercised, including the amount and percentage retained and explanation for the action. The amendment references attached technical documentation including the technical questions tracker, general commissioning requirements, unit masonry specifications, and secondary unit substations requirements. Contracting Officer Donald A. Marsh III issued this amendment on behalf of the Department of Veterans Affairs.

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Other files

File Type Posted
Tech Questions Tracker - Lyons EHRM Infra Upgrades FINAL - REV 3-6-26.docx DOCX document
36C77626R0001 0005.docx DOCX document
36C77626R0001 0004.docx DOCX document
01 91 00 General Commissioning Requirements.pdf PDF
Tech Questions Tracker - Lyons EHRM Infrastructure Upgrades - FINAL.docx DOCX document
26 11 16 - SECONDARY UNIT SUBSTATIONS.pdf PDF
04_20_00_-_UNIT_MASONRY.pdf PDF
00 01 10 VA-TABLE OF CONTENTS.pdf PDF
36C77626R0001 0002.docx DOCX document
Site Visit Sign-In Sheet - 1-30-26.pdf PDF
36C77626R0001 0001.docx DOCX document
Attachment 9 - Site Visit Instructions - Revised 0001.docx DOCX document
Attachment 10 - Key Subcontractors Information.docx DOCX document
Attachment 9 - Site Visit Instructions.docx DOCX document
Attachment 7 - VHA PCRA EHRM Lyons Signed.pdf PDF
Attachment 5 - Lyons EHRM - Final Bid Doc - Drawings V2.pdf PDF
Attachment 8 - Wage Determination - Somerset County - 1-2-2026.pdf PDF
36C77626R0001.docx DOCX document
Attachment 4 - Lyons EHRM - Final Bid Doc - Drawings V1.pdf PDF
Attachment 3 - Lyons EHRM - 100 CD -Asbestos and Lead Inspection Report.pdf PDF
Attachment 2 - Lyons EHRM - 100 CD -Specs VOL 2.pdf PDF
Attachment 1 - Lyons EHRM - 100 CD -Specs VOL 1.pdf PDF
Attachment 6 - Lyons MCR Building GeoReport - signed.pdf PDF
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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 CONTRACT 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 amendment, 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, remains 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)

02-24-2026

561A4-22-700 36C776 Department of Veterans Affairs Program Contracting Activity Central

6100 Oak Tree Blvd, Suite 490 Independence OH 44131

36C776 Department of Veterans Affairs Program Contracting Activity Central

6100 Oak Tree Blvd, Suite 490 Independence OH 44131 To all Offerors/Bidders

36C77626R0001 01-16-2026

X

This Amendment 0003 is for the following:

1. To provide the technical question tracker with all supporting attachments and VA responses.

2. To remove and replace VAAR 852.232-71 with VAAR 852.232-70. This procurement will now adhere to VAAR 852.232-70.

Donald A. Marsh III Contracting Officer

VA-VHA-2020-9325SEF7C

A.1 VAAR 852.232-70 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT 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 not 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, certifications, 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 cost to the Contracting Officer for approval within 30 calendar days after date of receipt of notice to proceed. Such schedule will be signed and submitted in triplicate. The approved cost schedule will be one of the bases for determining progress payments to the Contractor for work completed. This schedule shall show cost by the work activity/event for each building or unit of the contract, as instructed by the resident engineer.

(1) The work activities/events shall be subdivided into as many sub-activities/events as are necessary to cover all component parts of the contract work.

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

(3) The sums of the sub-activities/events, as applied to each work activity/event, shall equal the total cost of such work activity/event. The total cost of all work activities/events shall equal the contract price.

(4) Insurance and similar items shall be prorated and included in the cost of each branch of the work.

(5) The cost schedule shall include separate cost information for the systems listed in the table in this paragraph (b)(5). The percentages listed in the following table are proportions of the cost listed in the Contractor’s cost schedule and identify, for payment purposes, the value of the work to adjust, correct and test systems after the material has been installed. Payment of the listed percentages 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
Percent
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, payrolls, 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) See attached document: Tech Questions Tracker - Lyons EHRM Infrastructure Upgrades - FINAL.

See attached document: 00 01 10 VA-TABLE OF CONTENTS.

See attached document: 01 91 00 General Commissioning Requirements.

See attached document: 04_20_00_-_UNIT_MASONRY.

See attached document: 26 11 16 - SECONDARY UNIT SUBSTATIONS.

End of Document

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