S02 - SOLICITATION FOR 36C24822R0084 - FINAL1.docx

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.

36C24822R0084

X 4/29/2022

675-22-102 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 2500 Lakemont Avenue, RM 114

Orlando, FL 32814 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 2500 Lakemont Avenue, RM 114

Orlando FL 32814 Aldwyn Singleton 407-538-1130 Project Title: Design-Build(DB) Reconfigure Lake Nona Dental Lab.

Project Number: 675-22-102 IAW VAAR 836.204 the magnitude of construction VA project is: $250,000 and $500,000, FAR Part 36.204 (d).

NAICS: 236220 – Commercial and Institutional Building Construction.

Service Code: Z2DZ – Repair or Alterations of Other Hospital Buildings.

This solicitation will be evaluated on a Trade-Off basis. As stated elsewhere in this solicitation, this procurement is a two (2) Phase Design/Build IAW FAR 36.3 One solicitation will be issued covering both phases. In Phase I proposals will be evaluated to determine which offerors will submit proposals in Phase II. Block 13 A refers to Phase I proposals.

This requirement is set-aside for VIP certified, Service-Disabled Veteran Owned Small Businesses (SDVOSB) Vendor verification for SDVOSB can be found here at https://www.vetbiz.va.gov/ THIS ACQUISITION IS SET-ASIDE FOR 100% SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS (SDVOSB) ONLY, UNDER THE AUTHORITY OF 38 U.S.C PART 74. ANY PERSON OR BUSINESS ENTITY SUSPECTED OF MISREPRESENTATION FOR THE PURPOSE OF SECURING A GOVERVERMENT CONTRACT MAY BE CRIMINALLY INVESTIGATED AND PROSECUTED FOR FRAUD AGAINST THE UNITED STATES GOVERMENT.

Orlando VAMC is a smoke free facility. Contractors, in order to enter the campus, you must have picture ID.

All contractors are required to wear a face covering (covering nose and mouth per CDC guidelines) while on campus.

All contractors will be screened at the entrance of the campus. A series of questions will be asked, and temperature taken. While working on the Medical Center (both inside of outside) the contractor will be responsible to wear a face covering at all times. PPE is not provided.

Refer to solicitation instructions for Phase One cutoff date for submission of Requests for Information (RFIs), or Questions (if any). No Site Visit will be conducted during Phase One of this solicitation.

All Offerors must comply with all solicitation terms and conditions.

Please refer to solicitation 36C24822R0084 package for further requirements.

It shall be known that funds are not currently available. No contract award will be made until appropriated funds are made available.

X X

52.211-10 X

VIA EMAIL

1:00 PM

05/16/2022 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

36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 2500 Lakemont Avenue, RM 114

Orlando FL 32814

Department of Veterans Affairs Financial Services Center

P.O. Box 149971 Austin TX 78714-9971

Apolinar Vargas VA-VHA 2020-CB96-F94D Contracting Officer

Table of Contents

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

DESIGN/BUILD SERVICES: DESIGN/BUILD SERVICES FOR PROJECT 675-22-102"Reconfigure Lake Nona Dental Lab." Work is to be performed at Orlando VA Medical Center. The selected contractor will be required to perform all necessary Design/Build work per drawings and specifications.

PRINCIPAL NAICS CODE: 236220 – Commercial and Institutional Building Construction.

PRODUCT/SERVICE CODE: Z2DZ – Repair or Alteration of Other Hospital Buildings.

A.4 DELIVERY SCHEDULE

13800 Veterans Way Orlando, Florida 32827

USA

1.00

STATEMENT OF WORK

Reconfigure Lake Nona Dental Lab Project No. 675-22-102

I. DEFINITIONS AND ACRONYMS:

A. Design-Build (DB): as defined by the Department of Veterans Affairs (DVA) is the procurement by the Government, under one contract, with one firm (which may be a joint venture) for both design and 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. Design Build Contract: This term, as used herein, refers to the Contract(s) to perform the design and construction of the project.

E. Contractor: This term, as used herein, refers to the contractor under this contract.

F. A/E: This term, as used herein, refers to the ArchitectEngineer firm(s) that are a part of the DB team, also referred to as DB A/E.

G. Design-Build Team A/E: This term, as used herein, to refer to the entire Design-Build Team (Contractor, A/E and any sub-contractors) all inclusive.

H. 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.

I. 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.

J. Request for Proposal (RFP): 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 proposals.

K. Certified Independent Third-Party Safety Professional (CITP): Certified Independent Third-Party Safety Professional for the review of the design documents for compliance with national and local codes, standards, federal and state regulations.

L. 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.

M. The Joint Commission (TJC): Formerly the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) and previous to that the Joint Commission on Accreditation of Hospitals (JCAH). The Joint Commission provides evaluation, accreditation and disease-specific certification programs for healthcare facilities.

N. 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.

O. Occupational Safety and Health Administration (OSHA).

II. SCOPE OF WORK:

A. Project Overview:

General Requirements:

Provide all Design-Build services including labor, materials, tools, and equipment as necessary to construct the project described below and other specific task as further defined by this RFP. Work will involve demolition of existing cabinetry/workstation and overhead cabinets, seamless flooring, acoustical ceiling tile at the dental lab. The design build contractor shall install:

· new cabinetry workstation

· overhead cabinets

· stainless steel workstation

· build new wall as indicated on the drawing, with electrical outlets and data drops

· electrical outlets for cabinetry workstation, and additional electrical outlets with higher voltage,

· double sided wire rack

· wall wire shelves

· self-contained dust collector panel for vacuum speed on the desk for cabinetry workstation and stainless-steel workstation area

· seamless flooring

· acoustical ceiling tiles

· painting

· exhaust hood for washing/curing area

The dental lab shall be in accordance with the VA planning criteria PG-18-0 for imaging service. All proposals are to provide construction services for this project. The contractor shall be a State of Florida Certified/licensed General Contractor.

B. Specific Project Requirements:

The contractor shall be responsible for the build, design, and construction for the following:

1. The design team shall provide three (3) design sketched for approval before proceeding to the 50% construction document.

2. Contractor will be working in an occupied Building and will be required to conform to the Pre-Construction Risk Assessment (PCRA) and requirements in the Construction Safety Standards.

III. SCHEDULING, PHASING, AND WORKING HOURS:

A. All work hours MUST be coordinated with the project’s COR. All work shall be performed during WHEN hours (Weekends, Holidays, Evenings and Nights) so as not to interfere with normal hospital functions. However, some VA areas may be conducive to work being completed DURING normal business hours (7:00 am to 5:00 pm, Monday through Friday). All requests for work during normal business hours must be requested by the Contractor at least 14 calendar days in advance. Additionally, construction shall be performed (scheduled and phased) to ensure that exterior egress/ingress areas are completely operational by normal business hours the following workday.

B. Length of Project

1. The design shall be completed 90 from the NTP. Project’s construction phase MUST be completed in no more than 90 days from Government acceptance the final construction document.

a) Design-Build Team A/E shall submit Construction Document drawings to 50% within 30 calendar days. Allow 10 calendar days for VA review.

b) Design-Build Team A/E shall submit Construction Document drawings to 90%, which incorporates the VA’s comments on the 50% submission within 10 calendar days. Allow 10 calendar days for VA review.

c) Design-Build Team A/E shall submit Construction Document drawings to 100%, which incorporates the VA’s comments on the 90% submission within 10 calendar days. Allow 10 calendar days for VA review.

d) Design-Build Team A/E shall submit Final construction Document drawings to 100% (Signed & Sealed), which incorporates the VA’s comments on the 90% submission within 10 calendar days. Allow 10 calendar days for VA review.

2. Design-Build Team A/E will schedule a Pre-Construction Meeting with all pertinent VA personnel for final drawing approval before construction start submission within 14 calendar days of receiving Government acceptance of 100% drawings.

3. Project’s construction phase MUST be completed in no more than 90 days from Design completion and Government acceptance.

4. Contractor shall submit a Critical Path Method (CPM) schedule for BOTH Design phase and Construction phase with estimated dates and itemized cost of work to the Contracting Officer for review and approval before Notice to proceed.

C. Utility Shutdowns/Outages: All shutdowns involving temporary impairment of utilities shall be requested by the Contractor at least 14 calendar days in advance.

IV. PROJECT CLASSIFICATION:

A. Contractor shall secure the area prior to commencement of work and follow the Orlando VA Medical Center guidelines and policies for 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 A, Low Risk Group, Class I (ISLM Level I) Project.

V. SAFETY REQUIREMENTS:

All Contractor's personal are 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 (AHA), and an Accident Prevention Plan (APP) 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.

VI. GOVERNMENT FURNISHED INFORMATION:

All available record drawings will be provided upon request to the Design-Build Team A/E. 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.

VII. RESOURCES:

All designs shall comply with applicable sections of VA standards and publications, and all references therein. Ensure that construction documents comply with the latest edition of these VA construction and design standards.

VA standards can be found on the World Wide Web at http://www.cfm.va.gov/TIL/. VA publications and standards shall include but shall not be limited to the following:

1. Office of Construction & Facilities Management Site Map:

http://www.cfm.va.gov/sitemap.asp

2. The Technical Information Library (TIL): http://www.cfm.va.gov/TIL/

a) Master Construction Specifications Index (PG-18-1)

b) Design and Construction Procedures (PG-18-3)

c) VA Standard Details and CADD Standards (PG-18-4)

d) Equipment Guide List (PG-18-5)

e) Equipment Inspection Manual (Program Guide 7610.2)

f) Equipment Reference Manual (PG-18-6)

g) Space Planning Criteria (PG-18-9)

h) Design Manuals (by discipline) (PG-18-10)

i) Design Guides (graphical, by function) (PG-18-12)

j) Barrier Free Design Guide (PG-18-13)

k) Room Finishes, Door and Hardware Schedules (PG-18-14)

l) Minimum Requirements for A/E Submissions (PG-18-15)

m) Environmental Planning Guidance (PG-18-17)

n) HVAC Design Manual for Hospitals Amendment B

o) Lighting Study

p) Design Alerts

q) Quality Alerts

r) VA Signage Design Guide

s) Fire Protection Design Manual – Latest Edition

t) Cost Estimating

u) Physical Security Design Manuals for VA Facilities – Mission Critical Facilities (VA Handbook 0730)

v) Information Security Handbook VA 6500

w) Energy Reduction Manual (First Draft)

3. TIL - Master Construction Specifications: http://www.cfm.va.gov/til/spec.asp

4. Department of Veterans Affair Utilities Design Manual.

B. Office of Construction & Facilities Management: http://www.cfm.va.gov/index.asp

1. VA Office of Facilities Management citations of the AIA design standards found on the world wide web at http://cfm.va.gov.TIL/

2. VA Office of Health and Safety (OHS): http://www1.va.gov/vasafety/

3. Construction Infection Control Risk Assessment Memorandum

C. Other design and construction standards and publications that shall be applied to this work includes, but are not limited to:

1. American Society of Heating, Refrigerating and Air-Conditioning Engineers Manual (ASHRAE)

2. National Fire Protection Association (NFPA) Codes & Standards - www.nfpa.org

3. OSHA Rules and Regulations

4. International Building Code (ICC) latest edition

5. Life Safety Code (NFPA 101) latest edition

6. The Joint Commission (TJC) Accreditation manual (latest edition)

7. Sustainable Design Requirements (01 81 11)

8. Construction Waste Management (01 74 19)

D. Applicable sections of the VA Master Construction Specifications will be prepared by the Architect/Engineer, including all the necessary adaptations.

E. Particular attention is called to CD4, Symbol Identification of Contract Drawings.

F. Equipment symbols shall be in accordance with PG-18-6, Equipment Reference Manual (previously List of Equipment Symbols, H-08-6).

G. Standard Drawing Details, in accordance with PG-18-4, shall be utilized to the greatest extent practicable.

H. Cost estimates shall be developed in strict conformance with VA’s Manual for Preparation of Cost Estimates & Related Documents for VA Facilities (March 8, 2011). http://www.cfm.va.gov/til/dManual/dmCost.pdf I. Guidelines for Design and Construction of Health Care Facilities, Latest Edition, published by The Facilities Guidelines Institute (FGI). http://www.fgiguidelines.org/ J. Physical Security Standard, compliance with Medical Center Policy 138-3 and VHA Handbook 0730/2 dated May 27, 2010 “Space Key Control”.

VIII. Submittals:

A. Contractor shall submit documentation proof of OSHA Construction safety course.

B. General Contractor License and Insurance.

C. Submittal as per Construction Documents and Specification.

D. Warranties.

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

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

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

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

4. 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.

5. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

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

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

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

9. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

10.Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

2.1 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)

2.2 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)

2.3 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:

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 Orlando VA Medical Center, Orlando, FL.

(End of Provision)

2.4 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)

2.5 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 20 percent of the bid price or $3.0M, 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)

2.6 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)

2.7 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 Hand-Carried Address:

Department of Veterans Affairs Network Contracting Office - 8 2500 Lakemont Avenue, RM 114 Orlando, FL 32814

Mailing Address:

Department of Veterans Affairs Network Contracting Office - 8 2500 Lakemont Avenue, RM 114 Orlando, FL 32814

(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)

2.8 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (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) An organized site visit has been scheduled for— Phase Two (Date and Time to be determined (TBD))

(c) Participants will meet at— TBD (End of Provision)

2.9 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/

(End of Provision)

52.236-28 852.233-70

OCT 1997

OCT 2018

2.10 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)

2.11 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.

(End of Provision)

PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:

Or for solicitations issued by the Office of Construction and Facilities Management:

GENERAL CONDITIONS

4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

4.2 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)

(a) Definitions. As used in this clause—Covered article means any hardware, software, or service that—

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

Covered entity means—

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115–91) prohibits Government use of any covered article.

The Contractor is prohibited from—

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement. (1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil.

For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about mitigation actions undertaken or recommended.

In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

(End of Clause)

4.3 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management via https://www.sam.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments—

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by—

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIS is automatically transferred after a waiting period of 14 calendar days, except for—

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the nonpublic segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(End of Clause)

4.4 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 15 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 365 days after receipt of notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

4.5 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (NOV 2020)

(a) Definitions. As used in this clause—

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause.

Such a concern is ‘‘not dominant in its field of operation’’ when it does not exercise a controlling or major influence on a national basis in a kind of…