S02 - 36C24825R0058 -SOLICITATION.pdf
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- Solicitation number
- 36C24825R0058
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This document is a federal construction solicitation for a renovation project at the Orlando VA Healthcare System. The Department of Veterans Affairs is seeking a Service-Disabled Veteran-Owned Small Business (SDVOSB) to renovate approximately 8,272 square feet of administrative space in Building 1, Level 4 at the Lake Nona facility. The project involves architectural, structural, mechanical, plumbing, electrical, and low-voltage work for the Women's Health Clinic, with a total project value between $1,000,000 and $5,000,000.
Key details include a site visit scheduled for March 20, 2025, at 1:00 PM EST, with proposals due by April 22, 2025, at 10:00 AM EST. The contract will be awarded on a best-value basis, evaluating technical approach, past performance, and price. The project has a 270-calendar-day performance period, with liquidated damages of $37.50 per day for delays. Contractors must be registered in SAM.gov, certified as an SDVOSB, and comply with Davis-Bacon wage requirements. The solicitation emphasizes minimal disruption to facility operations and requires detailed technical and scheduling submissions demonstrating the contractor's capability to manage a complex healthcare renovation project.
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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.
1 57
36C24825R0058 X
03-10-2025
675-23-101
36C248
Department of Veterans Affairs Network Contracting Office 8 (NCO 8) Orlando VA Healthcare System 13800 Veterans Way Orlando FL 32827
Department of Veterans Affairs Network Contracting Office 8 (NCO 8) Orlando VA Healthcare System 13800 Veterans Way Orlando FL 32827
Aldwyn Singleton 407-538-1130
Project Title: Renovate Lake Nona Building 1 Women's Health Project Number: 675-23-101 Location: Orlando VA Medical Center, Lake Nona Facility, 13800 Veterans Way, Orlando, FL 32827 Magnitude of Construction: Pursuant to FAR Ref 36.204(f) Between $1,000,000 and $5,000,000.
NAICS 236220: Commercial and Institutional Building Construction; Size Standard of $45M Product Service Code: Y1DZ: Construction of Other Hospital Buildings The services required for project 675-23-101 are to provide construction services in accordance with this solicitation.
This requirement is set aside for U.S. Small Business Administration certified, Service-Disabled Veteran-Owned Small Businesses (SDVOSB). Vendor verification for SDVOSB can be found at SBA.gov.
The VA Medical Centers are SMOKE-FREE facilities. Contractors, in order to enter the campus must have picture ID.
It shall be known that funds are not currently available. No contract award will be made until appropriated funds are made available. All offerors must comply with all solicitation terms and conditions.
AT THE TIME OF PROPOSAL SUBMISSION, interested contractors MUST be actively registered in the following databases.
System for Award Management: https://www.sam.gov U.S. Small Business Administration DSBS: https://www.sba.gov Refer to solicitation 36C24825R0058 instruction for the cutoff date for submissions of proposal.
Site Visit: Thursday, March 20, 2025 @ 1:00 PM EST at the Lake Nona Main Entrance by the clinical elevators.
RFI(s) due Tuesday, March 25, 2025 @ 10:00 AM EST.
RFP due Tuesday, April 22, 2025 @ 10:00 AM EST.
10 270
X X 52.211-10
X 10
VIA EMAIL
X
10:00AM EST
04-22-2025
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 SECTION A, PRICE/COST SCHEDULE ON PAGE 6
36C248
Department of Veterans Affairs Network Contracting Office 8 (NCO 8) Orlando VA Healthcare System 2500 Lakemont Ave Orlando FL 32827
Department of Veterans Affairs Financial Services Center
P.O. Box 149971 Austin TX 78714-9971
Aldwyn Singleton
VA-VHA-RPOE-2024-0079
36C24825R0058
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 DELIVERY SCHEDULE
STATEMENT OF WORK
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 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL
EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)
2.5 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY
2014)
2.6 52.228-1 BID GUARANTEE (SEP 1996)
2.7 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021)
2.8 52.233-2 SERVICE OF PROTEST (SEP 2006)
2.9 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)
2.10 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
2.11 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED
SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)
2.12 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)
REPRESENTATIONS AND CERTIFICATIONS
3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2025)
3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
3.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
3.4 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—CERTIFICATION
(NOV 2021)
GENERAL CONDITIONS
4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS
(DEC 2014)
4.2 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES
DEVELOPED OR PROVIDED BY KASPERSKY LAB COVERED ENTITIES (DEC 2023)
4.3 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY
MATTERS (OCT 2018)
4.4 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ...24
4.5 52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (SEPT 2000)
4.6 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JAN 2025)
4.7 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)
4.8 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS
ACT (DEC 2010)
4.9 52.223-2 REPORTING OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION
CONTRACTS (MAY 2024)
4.10 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (OCT 2022)
4.11 52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000)
4.12 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)
4.13 SUPPLEMENTAL INSURANCE REQUIREMENTS
4.14 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
4.15 52.232-18 AVAILABILITY OF FUNDS (APR 1984)
4.16 52.242-14 SUSPENSION OF WORK (APR 1984)
4.17 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)
4.18 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)
4.19 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED
VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)
4.20 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF
COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)
4.21 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)
4.22 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019)
4.23 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019)
4.24 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019)
4.25 VAAR 852.239-76 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY
(FEB 2023)
4.26 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT ADMINISTRATION (OCT
2020)
4.27 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)
4.28 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT (SEP 2019)
4.29 VAAR 852.246-75 WARRANTY OF CONSTRUCTION—GUARANTEE PERIOD SERVICES (OCT
2018)
4.30 IT CONTRACT SECURITY
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
LIST OF ATTACHMENTS
INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS
A.3 PRICE/COST SCHEDULE - ITEM INFORMATION
ITEM
NUMBER
DESCRIPTION OF
SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1.00 JB __________ _________
CONSTRUCTION PROJECT:
Project 675-23-101, Renovate Lake Nona Building 1 Women’s Health. The contractor shall perform all necessary construction work per the Statement of Work (SOW).
PRINCIPAL NAICS CODE: 236220 – Commercial and Institutional Building Construction.
PRODUCT/SERVICE CODE: Z1DA –Maintenance of Hospitals and Infirmaries.
Period of Performance: 270 Calendar days after issuance of the Notice to Proceed.
GRAND TOTAL____________
A.4 DELIVERY SCHEDULE
ITEM NUMBER QUANTITY DELIVERY DATE
0001 SHIP TO: Orlando VA Medical Center, 13800 Veterans Way Orlando, FL 32827.
1.00 NTP
STATEMENT OF WORK
CONSTRUCTION
Renovate Lake Nona Building 1 Women’s Health
Project No. 675-23-101 Orlando VA Healthcare System
13800 Veterans Way, Orlando, FL 32827
I. DEFINITION AND ACRONYMS:
A. Construction: as defined by the Department of Veterans Affairs (DVA) Is the procurement by the Government, under one contract, with one firm for the construction services on a specific project.
B. Contracting Officer (CO): The services to be performed under this contract are subject to the general supervision, direction, control, and approval of the Contracting Officer.
C. Project Manager (PM)/Contracting Officers Representative (COR): The Contracting Officer's representative responsible for administering contracts under the immediate direction of the Contracting Officer.
D. Contractor: This term, as used herein, refers to the contractor under this contract.
E. Pre-Construction Risk Assessment (PRCA): Used to identify potential risks associated with the renovation, construction, and some maintenance & repair activities and to develop risk mitigation strategies to minimize these risks. Prior to beginning work this assessment will be completed.
F. Interim Life Safety Measures (ILSM): Measures that are instituted to compensate for significant hazards posed by existing life safety (fire) code deficiencies or construction/renovation activities.
G. Invitation for Bid (IFB): Is a solicitation made, often through a bidding process, by an agency or company interested in procurement of a commodity or service, to potential suppliers to submit bids.
H. Florida Department of Environmental Protection (FDEP): Protects, conserves, and manages Florida's natural resources and enforces the State's environmental laws.
I. National Fire Protection Association (NFPA): The world's leading advocate of fire prevention and an authoritative source on public safety, NFPA develops, publishes, and disseminates codes and standards intended to minimize the possibility and effects of fire and other risks.
J. Competent Person (CP): One who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.
II. SCOPE OF WORK:
A. General Requirements:
The Department of Veterans Affairs, Orlando Veterans Affairs Healthcare System (OVAHCS), is seeking professional Bid-Build (B/B) services to construct the project titled “Renovate Lake Nona Building 1 Women’s Health” at the OVAHCS, Lake Nona facility, 13800 Veterans Way, Orlando, FL 32827.
The Contractor shall provide all construction services including labor, materials, tools, equipment, and supervision as necessary to construct the project described herein and other specified tasks as further defined in the Statement of Work (SOW). The construction shall be in accordance with the 100% design drawings, and specifications for this project. Refer to attachments.
B. Project Overview:
This project includes the renovation of approximately 8,272 sf of existing administrative space for Lake Nona Women’s Health Clinic. The renovation area will be in building 1, level 4, Area A, Zone 1 and 2 at Orlando Veterans Affairs Medical Center (OVAMC). Work includes architectural, structural, mechanical, plumbing, electrical, and low voltage.
C. Specific Project Requirements:
1. The contractor shall complete all construction work in accordance with construction documents in a manner that does not impact patient care at the facility. Normal operating hours for the clinic are Monday through Friday from 7:30am to 5:00pm.
2. The contractor shall make use of exterior construction chutes to remove all construction debris from the construction site. This would also require the temporary removal of a 4th floor window.
3. The contractor shall use the south stairwell as entrance to construction zone for all construction personnel during all phases of the project.
4. All materials, equipment, and construction personnel shall enter and exit the construction site using the south stairwell and elevators only.
5. The entry and exit from ground level shall be the existing exit door from the stairwell.
6. Contractor shall add temporary hardware to stairwell exit door on ground level to achieve access from the exterior.
7. Special inspections for structural work must be provided by an independent third party hired directly by the
Contractor. All requirements for these special inspections shall be followed in accordance with specification 01 45 35.
8. Contractor is responsible for weatherproofing all exposed building elements once building envelope is compromised for expansion. This includes removal of precast wall panels and roofing. Contractor shall provide written weather proofing plan to the VA for approval 14 days prior to the start of any building envelope demolition.
9. Heavy equipment requiring fuel shall have fuel transported and delivered as needed. On site fuel storage for heavy equipment is prohibited on the property.
10. Provide temporary exit signs and illumination levels per the IBC and VA guidelines. All egress paths shall always remain clear.
11. Verify all measurements as indicated on the approved site plan, architectural drawings (prepared by the owner), foundation wall drawings (prepared by the design engineer), and the erection drawings as designed and instructed by the manufacturer. The contractor to notify the owner, engineer, and the manufacturer with any discrepancies immediately.
12. Provide construction barricade in all occupied areas as required and/or as directed by VA at no additional cost to
VA.
13. The general contractor is responsible to keep a clean and safe construction area at the end of each workday.
14. VA Police will issue identification badges to contractors, employees and subcontractors which must be always worn when on VA Property.
15. Contractor shall provide a list of all personnel who will participate on the project. Personnel shall be subjected to a background investigation prior to commencement. After background check has been completed identification badges will be issued.
D. Special Requirements:
a) Badges: Facility Management Services (FMS) will issue identification badges to contractors, employees and subcontractors which must be always worn when on VA property.
b) Contractor shall provide a list of all personnel who will participate on the project. Personnel can be subjected to a background investigation prior to commencement of work. Contractor will be issued appropriate quantity of badges per provided list.
c) Contractor shall keep the area cleaned daily and haul away all construction debris. When removing construction debris from facility it must be in a covered cart when entering and exiting the building.
d) All materials shall be tracked and logged to be reported back to the COR or GEMS coordinator for recycling tracking purposes. This shall be reported monthly.
e) Contractor shall provide written daily reports on all construction activity to the COR.
f) Contractor shall receive and store all their equipment and material.
III. STATEMENT OF BID ITEM(S):
1. Bid-Deducts shall be incorporated into this project for options of portions of the work to be executed in accordance with Specification Section 01 00 00 General Requirements.
IV. SCHEDULING, PHASING, AND WORKING HOURS:
A. All work hours MUST be coordinated with the project’s COR to prevent interference with normal clinic functions.
Work that interferes with normal clinic functions which, includes all utility outages, shall be performed during WHEN hours (Weekends, Holidays, Evenings and Nights) so as not to interfere with normal clinic functions.
B. Performing on-site work during WHEN hours will require approval from the COR. Requests shall be submitted via email at least 72 hours prior to the requested date and at no additional cost to the Government. Approvals are subject to the availability of on-site staff.
C. Length of Project
1. Project’s construction phase MUST be completed in no more than 270 calendar days from Government issuance of the Notice to Proceed.
2. Contractor shall submit a Critical Path Method (CPM) schedule for the Construction with estimated dates and itemized cost of work to the Contracting Officer for review and approval before Notice to proceed.
D. Utility shutdowns/Outages: All shutdowns involving temporary impairment of utilities shall be requested by the
Contractor at least 14 calendar days in advance.
V. PROJECT CLASSIFICATION:
A. Contractor shall secure area prior to commencement of work and follow the Orlando VA Medical Center guidelines and policies for Pre-Construction Risk Assessment (PCRA) and Interim Live Safety Measures (ILSM).
B. Risk Assessment: This project has been classified per the Construction Infection Control Risk Assessment as a Type D, Medium Risk Group, Class IV (ISLM Level 1) project.
C. The required PCRA for the project is in the specification.
VI. SAFETY REQUIREMENTS:
A. All Contractor's personal is required to have completed an OSHA-approved 10-hour construction worker course prior to working on the site. The On-site general superintendent/supervisor is required to have completed an OSHA-approved 30-hour construction course prior to working on the site. Every worker must provide the Contracting Officer a copy of current certificates identifying successful completion of the training prior to executing work for the Veterans Administration. In addition, Contractor shall provide submittals for contract construction or renovation work which include the names, qualifications, and training dates for Contractor’s Competent Persons (CP), who has been designated to administer the site-specific safety program, as well as the CP for other activities as required by OSHA regulation 29 CFR 1926.32 (such as scaffolds, cranes, excavations, etc.). Contractor’s CP are required to implement and maintain effective safety programs that identify and control hazards that may cause injury or illness to VA patients, staff, visitors, and contractor employees. The VA CP does not take the place of Contractor’s CP nor acts on their behalf. The VA CP determines if Contractor is meeting VA standards and contractual requirements for safety and OSHA compliance. When these standards and contract requirements are not being met, the VA COR and/or CP will take immediate action to prevent injury, non-compliance, and/or property damage. The Contractor shall submit an Activity Hazard Analysis, and an Accident Prevention Plan as per FAR 52.236-13 prior to commencement of site activities. The Government shall have 21 calendar days to review the AHA and APP.
B. Contractor shall submit documentation proof of OSHA construction safety course for all personnel.
VII. RECORDS MANAGEMENT:
A. Applicability: This clause applies to all Contractors whose employees create, work with, or otherwise handle
Federal records, as defined in Section B, Definitions, 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. chapters. 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 Code of Federal Regulations (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, the 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 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. VHA 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 VHA or destroyed except 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, the Contractor must report to VHA. 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 VHA 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 Section C.
Requirement, 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 VHA 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 VHA policy.
8. The Contractor shall not create or maintain any records containing any non-public VHA information that is 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 VHA 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 VHA 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 VHA-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.
** VHA training for Contractors is available in Talent Management System (TMS):
Records Management for Records Officers and Liaisons, Item #3873736 **
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.
VIII. GOVERNMENT FURNISHED INFORMATION:
All available record drawings will be provided upon request to the Contractor. They should not however, be considered “as-built”. These drawing files are provided without warranty or obligation as to the accuracy or information contained in the files. All information in the files shall be independently verified by the user. Any user shall agree to indemnify and hold the VA harmless from any and all claims, damages, losses, and expenses, including, but not limited to, attorney fees arising out of the use of the Computer Aided Design and Drafting (CADD) drawing files.
IX. RESOURCES:
A. Office of Construction & Facilities Management: http://www.cfm.va.gov/index.asp
a. VA Office of Health and Safety (OHS): http://www1.va.gov/vasafety/
b. Construction Infection Control Risk Assessment Memorandum
B. Other construction standards and publications that shall be applied to this work includes, but are not limited to:
1. National Fire Protection Association (NFPA) Codes & Standards - www.nfpa.org
2. OSHA Rules and Regulations
3. Life Safety Code (NFPA 101) latest edition
C. Applicable sections of the VA Master Construction Specifications will be provided and prepared by the
Architect/Engineer, including all the necessary adaptations.
X. SUBMITTALS
A. Contractor shall submit documentation proof of OSHA construction safety course.
B. General Contractor License and Insurance.
http://www.cfm.va.gov/index.asp http://www1.va.gov/vasafety/ http://www.nfpa.org/
C. Submittal as per Construction Documents and Specifications.
D. Warranties
X1. QUALITY ASSURANCE/QUALITY CONTROL:
A. The Construction Contractor shall develop and execute a QA/QC plan that demonstrates the project plans and specifications have gone through a rigorous, thorough review and coordination effort.
B. Within 2 weeks of receipt of Notice to Proceed, the Construction Contractor will submit a detailed QA/QC plan describing each QA/QC task that will be taken during the construction phase and the name of the Contractor’s team member responsible for QA/QC.
C. Upon its completion each task shall be initialed and dated by the responsible Contractor’s team member.
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS
2.1 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)
(a) All actual and potential offerors are encouraged to provide feedback on the preaward and debriefing processes, as applicable. Feedback may be provided to agencies up to 45 days after award. The feedback is anonymous, unless the participant self-identifies in the survey. Actual and potential offerors can participate in the survey by selecting the following link: https:// www.acquisition.gov/360.
(b) The Contracting Officer will not review the information provided until after contract award and will not consider it in the award decision. The survey is voluntary and does not convey any protections, rights, or grounds for protest. It creates a way for actual and potential offerors to provide the Government constructive feedback about the preaward and debriefing processes, as applicable, used for a specific acquisition.
(End of Clause)
2.2 52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.
(End of Provision)
2.3 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.
(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.
(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.
(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.
(End of Provision)
2.4 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY
FOR CONSTRUCTION (FEB 1999)
(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.
(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:
Goals for minority participation for each trade Goals for female participation for each trade
39.5 % 6.9 %
These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.
(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.
(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the—
(1) Name, address, and telephone number of the subcontractor;
(2) Employer's identification number of the subcontractor;
(3) Estimated dollar amount of the subcontract;
(4) Estimated starting and completion dates of the subcontract; and
(5) Geographical area in which the subcontract is to be performed.
(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is
(End of Provision)
2.5 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)
(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American—Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).
(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.
(c) Evaluation of offers.
(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225- 9.
(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.
(d) Alternate offers.
(1) When an offer includes foreign solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.
(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.
(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—
(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or
(ii) May be accepted if revised during negotiations.
(End of Provision)
2.6 52.228-1 BID GUARANTEE (SEP 1996)
(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.
(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—
(1) To unsuccessful bidders as soon as practicable after the opening of bids; and
(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.
(c) The amount of the bid guarantee shall be percent of the bid price or , whichever is less.
(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.
(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.
(End of Provision)
2.7 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021)
(a) Offerors shall obtain from each person acting as an individual surety on a bid guarantee—
(1) A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203–1; and
(2) Standard Form 28, Affidavit of Individual Surety.
(b) The Offeror shall include with its offer the information required at paragraph (a) of this provision within the timeframe specified in the provision at FAR 52.228–1, Bid Guarantee, or as otherwise established by the Contracting Officer.
(c) The Contracting Officer may release the security interest on the individual surety’s assets in support of a bid guarantee based upon evidence that the offer supported by the individual surety will not result in contract award.
(End of Provision)
2.8 52.233-2 SERVICE OF PROTEST (SEP 2006)
Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:
Aldwyn Singleton Contracting Officer
Hand-Carried Address:
Electronic Mail (Email) is the only acceptable authorized method to submit a protest.
Email address: aldwyn.singleton@va.gov
Mailing Address: NA
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the
GAO.
(End of Provision)
2.9 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.
(b) Site visits may be arranged during normal duty hours by contacting:
Name: Christine Hall Orlando VA Healthcare System 13800 Veterans Way Orlando, FL 32827 mailto:aldwyn.singleton@va.gov
Email address: Christine.hall@va.gov Telephone: (407) 242-5173
(End of Provision)
2.10 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/
FAR Number Title Date
52.204-7 SYSTEM FOR AWARD MANAGEMENT NOV 2024
52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING AUG 2020
52.204-22 ALTERNATIVE LINE-ITEM PROPOSAL JAN 2017
52.215-1 INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITION NOV 2021
52.236-28 PREPARATION OF PROPOSALS—CONSTRUCTION OCT 1997
52.203-70 COMMERCIAL ADVERTISING MAY 2018
852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE OCT 2018
852.246-71 REJECTED GOODS OCT 2018
2.11 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN
OBTAINING BONDS (DEC 2009)
Prime contractors are encouraged to assist service-disabled veteran-owned and veteran-owned small business potential subcontractors in obtaining bonding, when required. Mentor firms are encouraged to assist protégé firms under VA's Mentor-Protégé Program in obtaining acceptable bid, payment, and performance bonds, when required, as a prime contractor under a solicitation or contract and in obtaining any required bonds under subcontracts.
(End of Clause)
2.12 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)
(a) As an alternative to filing a protest with the Contracting Officer, an interested party may file a protest by mail or electronically with: Executive Director, Office of Acquisition and Logistics, Risk Management and Compliance Service (003A2C), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420 or Email: EDProtests@va.gov.
(b) The protest will not be considered if the interested party has a protest on the same or similar issue(s) pending with the Contracting Officer.
REPRESENTATIONS AND CERTIFICATIONS
3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 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)…
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