S02 - SOLICITATION FOR 36C24823R0008 Rv3 10-31.pdf

1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION 3. DATE ISSUED PAGE OF PAGES

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014) STANDARD FORM 1442

Prescribed by GSA-FAR (48 CFR) 52.236-1(d)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION SOLICITATION

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SEALED BID (IFB)

NEGOTIATED (RFP)

11. The Contractor shall begin performance within ____________ calendar days and complete it within ____________ calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See _____________________________).

YES NO

a. Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

b. An offer guarantee is, is not required.

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

1 60

36C24823R0008

X

11/01/2022

546-22-147

36C248

Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 2500 Lakemont Avenue

Orlando, FL 32814

Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 2500 Lakemont Avenue

Orlando FL 32814

Aldwyn Singleton 407-538-1130

Project Title: Bid-Build (BB) Replace Air Handling Units #36 and #37 Project Number: 546-22-147 IAW VAAR 836.204 the magnitude of construction VA project is: $500,000.00 and $1,000,000.00, FAR Part 36.204 (e).

NAICS: 333415 – Air-Conditioning And Warm Air Heating Equipment And Commercial And Industrial Refrigeration Equipment f i Service Code: 4120 – Air Conditioning Equipment 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 GOVERNMENT CONTRACT MAY BE CRIMINALLY INVESTIGATED AND PROSECUTED FOR FRAUD AGAINST THE UNITED STATES. GOVERNMENT.

Miami VAMC is a smoke free facility. Contractors, in order to enter the campus, you must have a 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 building. A series of questions will be asked, and temperature taken. While working on the Medical Center (both inside or 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).

All Offerors must comply with all solicitation terms and conditions.

Please refer to solicitation 36C24823R0008 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.

15 180

X X 52.211-10

X 10

VIA EMAIL 11:00 AM

11/22/2022

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

Orlando FL 32814

Department of Veterans Affairs Financial Services Center

P.O. Box 149971 Austin TX 78714-9971

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

36C24823R00008

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

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.216-1 TYPE OF CONTRACT (APR 1984)

2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK

(MAY 2014)

2.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

2.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY

2014)

2.5 52.228-1 BID GUARANTEE (SEP 1996)

2.6 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021)

2.7 52.233-2 SERVICE OF PROTEST (SEP 2006)

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

2.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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

SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)

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

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 AND OTHER COVERED ENTITIES (JUL 2018)

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) ...21

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

4.6 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)

4.7 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS

ACT (DEC 2010)

4.8 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS (SEP 2013)

4.9 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (FEB 2021)

4.11 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)

4.12 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL

BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)

4.13 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR

SERVICES AND CONSTRUCTION (SEP 2021) (DEVIATION)

4.14 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE

(JUL 2018) (DEVIATION)

4.15 852.219-78 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF

COMPLIANCE FOR SUPPLIES AND PRODUCTS (SEP 2021) (DEVIATION)

4.16 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

4.17 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019)

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

4.17 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT (SEP 2019)

4.19 IT CONTRACT SECURITY

4.19 GENDER

4.20 CONTRACTOR'S COST BREAKDOWN

4.21 SCHEDULE OF PAYMENTS FOR DESIGN SERVICES

4.22 OWNERSHIP OF ORIGINAL DOCUMENTS

4.23 RETENTION OF REVIEW DOCUMENTS

4.24 CONTRACT DRAWINGS AND SPECIFICATIONS GOVERNMENT FURNISHED PLANNING

INFORMATION

4.25 COORDINATION WITH MEDICAL CENTER

4.26 RESPONSIBILITY OF THE DESIGN-BUILD CONTRACTOR

LIST OF DOCUMENTS-EXHIBITS-AND-OTHER-ATTACHMENTS

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 JB __________________ __________________

BID/BUILD SERVICES: BID/BUILD SERVICES FOR PROJECT 546-22-

147. Replace Air Handling Units #36 and #37. The selected contractor will be required to perform all necessary Bid/Build work per drawings and specifications.

PRINCIPAL NAICS CODE: 33415 – Air Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing.

PRODUCT/SERVICE CODE: N045 – Installation of Equipment – Plumbing, Heating and Waste disposal Equipment.

PERIOD OF PERFORMANCE: 180 days after Notice to Proceed.

GRAND TOTAL __________________

A.4 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY DELIVERY DATE

0001 SHIP TO: Miami VA Medical Center 1201 NW 16th Street Miami, Florida 33125

USA

1.00

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

Replace Air Handling Units #36 and #37.

VA Medical Center Miami, FL

Project 546-22-147

1.0 INTRODUCTION

The Department of Veterans Affairs, Network Contracting Officer 8 (NCO-8) is seeking and intends to award a fixed-price contract for construction services for the replacement of Air Handling Units #36 and #37 which serve the Medical Intensive Care Unit (MICU) and Progressive Care Unit (PCU) areas in support of the Miami VA Medical Center, 1201 NW 16th ST, Miami, FL 33125.

The existing air handling units #36 and #37 have many failed parts that do not allow the units to operate correctly. The two units have exceeded their useful life and must be replaced.

2.0 DESCRIPTION/SCOPE/OBJECTIVE

The contractor shall furnish sufficient technical, supervisory, and administrative personnel to ensure the expeditious accomplishment of the work specified in this Statement of Work (SOW). Additionally, the contractor shall furnish all services, materials, supplies, equipment, investigations, studies, and travel required in connection with this SOW. An onsite visit is required for this project.

Note: If available, existing facility drawings, policies or supporting documents can be requested at the Facility Management Services. Most drawing are in AutoCAD format, but some are scanned Portable Document Format (pdf).

3.0 APPLICABLE DOCUMENTS

3.1 The following laws, regulations, policies, and procedures in effect on date of contract issuance and all subsequent changes or updates apply:

FAR Federal Acquisition Regulation (FAR)

VAAR Veterans Administration Acquisition Regulation (VAAR)

VA Technical Information Library http://www.cfm.va.gov/TIL/

VA Office of Health and Safety (OHS).

FEDERAL, STATE,

LOCAL, INDUSTRY

Performance in accordance with any and all legal standards, codes, policies, permits, procedures and or otherwise governing legal doctrine.

SCA DOL Website Service Contract Act (SCA) Directory of Occupations (Fifth Edition) http://www.dol.gov/whd/contracts/sca.htm http://www.cfm.va.gov/TIL/ http://www.dol.gov/whd/contracts/sca.htm

3.2. Glossary. Acronyms used in this Statement of Work (SOW) are listed below for easy reference:

CO Contracting Officer COR Contracting Officer’s Representative FAR Federal Acquisition Regulation MICU Medical Intensive Care Unit PCU Progressive Care Unit AHU Air Handling Unit

SOW Statement of Work VFD Variable Frequency Drive DDC Direct Digital Control BMS Building Management Systems HVAC Heating, Ventilation and Air Conditioning HEPA High Efficiency Particulate Air UV Ultraviolet NFPA National Fire Protection Association EPA Environmental Protection Agency ANSI American National Standards Institute OSHA Occupational Safety and Health Administration AQL Acceptance Quality Limit CDR Contract Discrepancy Report

4.0 PERFORMANCE REQUIREMENTS

4.1 The Miami VA Healthcare System requires a contractor to perform the following tasks:

4.1.1. Contractor shall perform the removal and disposal of the existing air handling units #36 and #37, feeding MICU and PCU in Main Building Third (3rd) Floor. The contractor shall complete the Installation of two (2) new air handling units with Variable Frequency Drive (VFD) function and Direct Digital Controls (DDC) that connect to Miami VA’s Building Management Systems (BMS) for Heating, Ventilation and Air Conditioning (HVAC) integration. To avoid service interruption, one (1) air handling unit will be installed at a time to feed the existing areas. The two (2) new units will contain a chill water coil and will work with the existing HVAC water heat exchanger.

4.1.2. The Contractor shall install a two-unit duct bypass or cross-connect to have a redundant system in case one of the units are down, the second unit can be used to supply air conditioning to both areas. The two (2) new units will have all the specifications below:

- High-Efficiency Particulate Air (HEPA) filters.

- Stack coils (Separated coils for easier maintenance access).

- Total supply air for air handling unit #36 of a least 9,600 cubic feet per minute (CFM).

- Total supply air for air handling unit #37 of a least 9,200 cubic feet per minute (CFM).

- Ductwork shall be double wall insulated.

- VFDs will have a bypass function.

- New units shall have Ultraviolet (UV) light in the system.

- Direct drive plenum fans shall be used in the units.

- Multiple plenum fans (minimum of four per unit) each with a dedicated VFD shall be used in the units.

- 8-rows cooling coils.

- The new units shall have pandemic mode.

4.1.3. The contractor shall provide all materials and equipment necessary to remove and discard the existing air handling units #36 and #37 and to install two new air handling units with VFD function and DDC Controls including, but not limited to:

-Piping and Fittings -Electrical System -Metal Duct and Duct Connections (Supply and Return) -Chill Water and Hot Water Hydronic Black Steel Pipe and Fittings -Thermal Insulation and Aluminum Jacketing -Louvers -Roof Supports for Pipes and Ducts -DDC Control, Low Voltage Wiring and Integration to Siemens System -Wind Load Rated Roof Curb and Tie-Down -Roof Flashing (Curbs, Pipe/Duct Support) -Rigging and Hoisting -Test and Balance (Before and After)

The entire work must be Tested and Certified by a Mechanical Professional Engineer (PE) and meets NFPA, EPA, ANSI, OSHA, National Plumbing Code, National Electric Code, ASHRAE, National Safety Code, VA Specifications, VA Construction Standards, VA Design - Build Handbooks and VA Fire Protection Design Manual available in the Technical Information Library (https://www.cfm.va.gov/TIL).

4.1.4. All work performed shall be fully documented and signed by the contractor and supplied to the facility.

4.1.5. All work shall be performed at the Miami VA Medical Center and shall conform with current codes and standards as they relate to the facility.

4.1.6. All required licenses and permits shall be the responsibility of the Contractor.

4.1.7. All equipment installation and parts should be of high quality, rust resistant paint and meet, engineering specifications, including any currently installed add-on optional components.

Workmanship and configuration will be done in a method that ensures high reliability per the manufacturer’s recommendations.

4.1.8. All work performed shall be in compliance with any manufacturer’s recommendations and applicable NEMA, NEC, ANSI, and VA standards.

5.0 PERFORMANCE LOCATION AND HOURS

Work to be performed during normal business hours and coordinated in advance with the delegated Contracting Officer Representative (COR). Construction of the Replace Air Handling Units #36 and #37 is Required at the Miami VA located at 1201 NW 16TH ST, Miami, FL 33125.

6.0 DELIVERABLES

The contractor shall supply all documentation, manuals, and service warranty. All paperwork must be signed by the contractor.

7.0. KEY PERSONNEL REPLACEMENT AND SUBSTITUTION

7.1. Requests for approval of substitutions shall be in writing and shall provide a detailed explanation of the circumstances necessitating the proposed substitutions. The request shall contain a complete resume for the proposed substitute, and any other information requested or required by the CO to approve or disapprove the request. Proposed substitutes shall have qualifications that are equal to or higher than the personnel being augmented. The CO shall evaluate such requests and promptly notify the contractor and the CO in writing whether the proposed substitution is acceptable.

7.2. If the CO determines that, (1) suitable and timely replacement of personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is not reasonably forthcoming, or (2) the resultant substitution would be so substantial as to impair the successful completion of the contract or the delivery order in accordance with the proposal accepted by the Government at time of contract award, the CO may, (1) terminate the contract for default or for the convenience of the Government, as appropriate, or (2) at his/her discretion, if he/she finds the contractor at fault for the condition, equitably adjust the contract price downward to compensate the Government for any resultant delay, loss or damage.

7.3. The Contractor shall replace any absent individual for any period greater than one (1) workday so as to leave a full complement of trained qualified personnel at all times with no disruption of services.

8.0. CONTRACTOR PERSONNEL AND MANAGEMENT

8.1. The contractor shall be responsible for employing technically qualified personnel to perform the work specified in this SOW. The contractor shall maintain the personnel, organization, and administrative control necessary to ensure that the work delivered meets the contract specifications and requirements.

8.3. The COR will coordinate the issuance of required access badges to contractor personnel.

The contractor personnel shall wear laminated identification badges provided by the Government at all times when performing services under this contract. Badges shall be worn on the outer garment, attached to the outer shirt or jacket pocket by a button or clip or worn around the neck secured by an appropriate identification card lanyard.

8.3.1. The Government issued identification badge remains the property of the Government and shall be returned to the issuing office or other designated Government personnel upon transfer of contractor employees from the contract.

8.4. Notwithstanding the requirement to wear a Government furnished badge, contractor personnel shall also wear a laminated contractor identification badge at all times when performing services under this Contract, including when on Government directed travel.

The badge will contain a personal picture, name of employee, and contractor’s name. Badges shall be worn on the outer garment attached to the outer shirt or jacket pocket by a button or clip or worn around the neck secured by an appropriate identification card lanyard.

8.5. All contractor personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public or Congress that they are Government officials. They must also ensure that all documents or reports produced by the contractor personnel are suitably marked as contractor products or that contractor participation is appropriately disclosed.

8.6. Safety/Security Requirements. The contractor shall comply with all applicable federal, state and local laws and ensure performance is secure while protecting material, equipment, and supplies from damage and loss. Government security personnel shall have the express right to inspect for security violations at any time during the term of the contract.

8.7. All information generated in performance of this contract becomes property of the Government and must be surrendered upon request and/or completion of the contract. The Contractor must protect against the destruction and/or misplacement of all information produced under this contract, unless directed under local policy to destroy. This includes both hard and soft copies of data.

8.8. The Contractor shall not release any information (including photographs, files, public announcements, statements, denials, or confirmations) on any part of the subject matter of this contract or any phase of any program hereunder without the prior written approval of the COR.

8.9. Standards of conduct:

8.9.1. The contractor personnel shall conduct themselves in a professional manner (i.e., timeliness, communication; spoken and written etc.). The CO may require the contractor to remove from the job site any employee working under this contract for reasons of suspected misconduct, a suspected security breach, or suspected to be under the influence of alcohol, drugs, or any other incapacitating agent. The contractor’s employees shall be subject to dismissal from the premises upon determination by the CO that such action is necessary in the interests of the Government. The hospital director or designated representative has the authority to bar individuals from the Government facility. The removal from the job site or dismissal from the premises shall not relieve the contractor of the requirement to provide sufficient personnel to perform the services as required by this performance work statement.

The Government shall not reimburse the contractor for travel and other expenses associated with the removal of personnel.

8.9.2. The contractor personnel are not authorized to carry or possess personal weapons to include, but not limited to, firearms and knives with a blade length in excess of three (3) inches, while assigned under this contract.

8.9.3. The contractor personnel shall present a professional appearance commensurate with standards delineated for Government civilian personnel acting in similar capacities.

8.9.4. The Government reserves the right to review contractor personnel qualifications. Upon request, resumes shall be provided to the CO prior to clearance approval, for review and acceptance by the COR. The intent is for verification purposes and not for the Government to become the hiring authority.

9. NON-PERSONAL SERVICE STATEMENT:

Contractor employees performing services under this order will be controlled, directed, and supervised at all times by the management personnel of the contractor. Contractor management will ensure that employees properly comply with the performance work standards outlined in the SOW. The contractor employees will perform their duties independent of, and without the supervision of, any Government official. The tasks, duties, and responsibilities set forth in the contract may not be interpreted or implemented in any manner that results in any contractor employee creating or modifying Federal policy, obligating the appropriated funds of the United States Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee, or otherwise violating the prohibitions set forth in Parts 7.5 and 37.1 of the Federal Acquisition Regulation (FAR). The Government will control access to the facility and will perform the inspection and acceptance of the completed work.

10. PERSONNEL QUALIFICATIONS

10.1. The Contractor shall be responsible for employing technically qualified personnel to perform the work specified in SOW. The Contractor shall maintain the personnel, organization, and administrative control necessary to ensure that the work delivered meets the contract specifications and requirements. The work history of each contractor employee must contain experience directly related to the task and functions that are intended to be performed under this contract. The Government reserves the right, during the life of the resulting contract, to request work histories on any contractor employee for the purposes of verifying compliance with the above requirements; additionally, the Government reserves the right to review resumes of contractor personnel proposed to be assigned. Personnel assigned to, or utilized by, the contractor in performance of work shall be fully capable of performing the requirements contained in the SOW in an efficient, reliable, and professional manner. The normal manner of dress is business casual.

10.2. Specific Personnel Qualifications Requirements –Personnel assigned to or utilized by the contractor in the performance of this contract shall, as a minimum: be certified to work on the equipment specified in the SOW.

10.2.1. Be a United States Citizen or permitted to work in the U.S.

10.2.2. Contractor should have a minimum of five years of specialized, continuous experience as required by the SOW.

10.2.3 Contractor/Technician must be fluent in English.

11. Period of Performance:

a. The anticipated duration (completion) of this project, after “Notice to Proceed” is 180 calendar days.

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:

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

Miami VA Medical Center, Miami, 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.

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

Electronic Mail (Email) is the only acceptable authorized method to submit a protest.

Email address: aldwyn.singleton@va.gov

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— Thursday, November 3, 2022.

(c) Participants will meet at—10:00 AM, at the Bruce W. Carter Miami Medical Center, 1201 NW 16th Street, Miami, FL 33019 at the West Patio Entrance.

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/

FAR Number Title Date

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018

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 JAN 2017

52.236-28 852.233-70

PREPARATION OF PROPOSALS—CONSTRUCTION

PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION

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.

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

Deputy Assistant Secretary for Acquisition and Logistics, Risk Management Team, Department of Veterans Affairs 810 Vermont Avenue, N.W.

Washington, DC 20420 mailto:EDProtests@va.gov

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

Director, Office of Construction and Facilities Management 811 Vermont Avenue, N.W.

Washington, DC 20420

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.

https://dibnet.dod.mil/ 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.

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.

https://www.sam.gov/

(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,…