Z1DA--612A4-19-016 | Renovate Outpatient Pharmacy and HVAC

AMENDMENT OF SOLICITAITON/MODIFICATION OF CONTRACT PAGE NO.

CONTINUATION PAGE 2

SOLICITATION NO:

36C26126R0036

ORDER NO:

AMENDMENT NO:

0005

14. DESCRIPTION OF AMENDMENT/MODIFICATION (CONTINUED)

The purpose of this amendment is to answer three additional RFIs.

Section 01 00 00 requires the project schedule to include a minimum of forty-five (45) days for VAÂ relocation of Pharmacy Services into the completed temporary facilities, and a minimum of forty-five (45) days for VA relocation of staff, equipment, and operations from the temporary facilities back into Building 650 upon completion of the renovated outpatient pharmacy suite.

Please confirm: (a) whether both 45-day VA relocation periods are included within the 540-calendar-day period of performance; and (b) whether contract completion for purposes of the period of performance is measured at Government acceptance of the renovated pharmacy suite, or upon completion of temporary facility removal and complete site restoration following the VA's 45-day relocation back into Building 650.

ANSWER: The 540-calendar-day Contract Time includes both 45-calendar-day VA relocation periods. Contract completion is achieved upon completion of all Contract Work, including removal of the temporary facilities and complete site restoration following the VA's final relocation back into Building 650.

"Construction start date" refers to commencement of on-site construction activities, including temporary facility construction. This requirement applies to construction-phase submittals required to perform the Work and does not include closeout submittals (e.g., O&M manuals, as-built drawings) or finish selections not required before installation.

Section 01 00 00 states: 100% of ALL project submittals shall be approved prior to the construction start date. Please clarify whether construction start date refers to (a) commencement of temporary facility construction, or (b) commencement of renovation work within Building 650. Please also confirm whether closeout-phase submittals (e.g., O&M manuals, as-built drawings) and late-phase finish material submittals are included in this requirement, or whether it applies to construction-phase submittals only. GLBA appreciates the Government's attention to these questions and remains available for any clarification needed.

ANSWER: "Construction start date" refers to commencement of on-site construction activities, including temporary facility construction. This requirement applies to construction-phase submittals required to perform the Work and does not include closeout submittals (e.g., O&M manuals, as-built drawings) or finish selections not required before installation.

One of our drywall trade partners has brought up a conflict they have found on the existing walls at the perimeter of the pharmacy. Per wall type Mbb3 on Sheet A-501 at the corridor it appears that the framing is existing and one new layer of board, the security mesh fire safing and a closure angle is required to be installed. How we would install the 3 slip track at an existing wall? Are they to be cut between the existing studs and fastened to the bottom of the roof deck? Please advise if the slip track is needed.

ANSWER: Install the head-of-wall/slip-track assembly at the existing wall by attaching the slip track to the structure above as required to maintain the specified assembly. Existing studs are not required to be removed or modified except as necessary to complete the installation.

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STANDARD FORM 30 (CONTINUATION)

Page 2 of 3

AMENDMENT OF SOLICITAITON/MODIFICATION OF CONTRACT PAGE NO.

CONTINUATION PAGE 2

SOLICITATION NO:

36C26126R0036

ORDER NO:

AMENDMENT NO:

0004

14. DESCRIPTION OF AMENDMENT/MODIFICATION (CONTINUED)

STANDARD FORM 30 (CONTINUATION)

The following clauses are removed:

52.232-5

PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS

MAY 2014

52.249-2

TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) ALTERNATE I (SEPT 1996)

APR 2012

52.249-10

DEFAULT (FIXED-PRICE CONSTRUCTION)

APR 1984

The following clauses are added:

52.212-4Â Terms and Conditions Commercial Products and Commercial Services.

Terms and Conditions Commercial Products and Commercial Services (NOV 2023) (DEVIATION OCT 2025)

(a)Â Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b)Â Inspection/Acceptance. See 52.246-12.

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d)Â Changes. See 52.243-4 or 52.243-5, whichever is inserted in this contract.

(e)Â Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(f)Â Excusable delays. See paragraph (m)

(g)Â Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(h)Â Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i)Â Payment

(1)Â Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3)Â Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4)Â Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall

(i)Â Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the

(A)Â Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B)Â Affected contract number and delivery order number, if applicable;

(C)Â Affected line item or subline item, if applicable;

(D)Â Contractor point of contact; and

(ii)Â Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(5)Â Interest.

(i)Â All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii)Â The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii)Â Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if

(A)Â The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B)Â The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C)Â The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

(iv)Â If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v)Â Amounts shall be due at the earliest of the following dates:

(A)Â The date fixed under this contract.

(B)Â The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.

(vi)Â The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A)Â The date on which the designated office receives payment from the Contractor;

(B)Â The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C)Â The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii)Â The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

(j)Â Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon

(1)Â Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2)Â Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k)Â Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l)Â Termination for the Government s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m)Â Termination for cause.

(1) Right to Terminate: The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor. If the Contractor refuses or fails to prosecute the work or any separable part with the diligence that will ensure completion within the time specified in this contract, including any extensions, or fails to complete the work within such time, the Government may, by written notice, terminate the Contractor s right to proceed with the work (or the portion of the work that has been delayed). In such event, the Government may take over the work and complete it by contract or otherwise and may take possession of and use any materials, appliances, or plant located at the work site that are necessary to complete the work.

(2) Liability: The Contractor and its sureties shall be liable for any damages to the Government resulting from the Contractor s refusal or failure to complete the work within the required performance period. This liability includes any increased costs incurred by the Government in completing the work, whether or not the Contractor s right to proceed is terminated.

(3) Excusable Delay: The Contractor s right to proceed shall not be terminated nor charged with damages under this clause if the delay arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Such causes include, but are not limited to:

(i) Acts of God or of the public enemy;

(ii) Acts of the Government in either its sovereign or contractual capacity;

(iii) Acts of another contractor in the performance of a Government contract;

(iv) Fires;

(v) Floods;

(vi) Epidemics;

(vii) Quarantine restrictions;

(viii) Strikes;

(ix) Freight embargoes;

(x) Unusually severe weather; or

(xi) Delays of subcontractors or suppliers at any tier arising from unforeseeable causes beyond their control and without their fault or negligence.

To obtain relief, the Contractor must notify the Contracting Officer in writing of the causes of delay within 10 days from the beginning of the delay (unless the Contracting Officer extends this period). The Contracting Officer shall determine the facts and extent of the delay; if warranted, the time for completion shall be extended. The Contracting Officer s findings are final and conclusive, subject to appeal under the Disputes clause.

(4) Wrongful Termination Treated as Convenience: If, after issuing a notice of termination for cause, the Government determines that the Contractor was not in default or that the delay was excusable, the termination shall be treated as a termination for the convenience of the Government.

(5) Effect on Other Rights: This clause supplements, but does not diminish, the Government s rights under paragraph (l) Termination for the Government s Convenience of this provision. The Government shall not be liable for payment for any supplies or services not accepted, and the Contractor shall remain liable for all remedies available at law or in equity.

(n)Â Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o)Â Warranty. See 52.246-21.

(p)Â Reserved.

(q)Â Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

(r)Â Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1)Â The schedule of supplies/services;

(2)Â The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3)Â Other contract clauses incorporated in the solicitation or contract;

(4)Â Addenda to this solicitation or contract;

(5)Â Solicitation provisions incorporated in the solicitation;

(6)Â Other paragraphs of this clause;

(7)Â Other documents, exhibits, and attachments; and

(8)Â The specification.

(s)Â Unauthorized obligations.

(1)Â Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i)Â Any such clause is unenforceable against the Government.

(ii)Â Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an I agree click box or other comparable mechanism (e.g., click-wrap or browse-wrap agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii)Â Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2)Â Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(t)Â Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(1)Â The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor s directly pertinent records involving transactions related to this contract.

(2)Â The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3)Â As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(u)Â Incorporation by reference. 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)

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor's expense any damage to Government-owned or controlled real or personal property, when that damage is the result of

(1) The Contractor's failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor's warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

(h) In the event the Contractor's warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government-furnished material or design.

(j) This warranty shall not limit the Government's rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

VA Specific Special Contract Clause, Payments under Fixed-Price Construction Contracts.

(a)Â Payment of price. The Government shall pay the Contractor the contract price as provided in this contract.

(b)Â Progress payments. The Government shall make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer.

(1)Â The Contractor s request for progress payments shall include the following substantiation:

(i)Â An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested.

(ii)Â A listing of the amount included for work performed by each subcontractor under the contract.

(iii)Â A listing of the total amount of each subcontract under the contract.

(iv)Â A listing of the amounts previously paid to each such subcontractor under the contract.

(v)Â Additional supporting data in a form and detail required by the Contracting Officer.

(2)Â In the preparation of estimates, the Contracting Officer may authorize material delivered on the site and preparatory work done to be taken into consideration. Material delivered to the Contractor at locations other than the site also may be taken into consideration if-

(i)Â Consideration is specifically authorized by this contract; and

(ii)Â The Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform this contract.

(c)Â Contractor certification. Along with each request for progress payments, the Contractor shall furnish the following certification, or payment shall not be made: (However, if the Contractor elects to delete paragraph (c)(4) from the certification, the certification is still acceptable.)

I hereby certify, to the best of my knowledge and belief, that-

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of Chapter 39 of Title 31, United States Code;

(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor s performance.

__________________________________________________ (Name)

__________________________________________________ (Title)

__________________________________________________ (Date)

(d)Â Refund of unearned amounts. If the Contractor, after making a certified request for progress payments, discovers that a portion or all of such request constitutes a payment for performance by the Contractor that fails to conform to the specifications, terms, and conditions of this contract (hereinafter referred to as the "unearned amount"), the Contractor shall-

(1)Â Notify the Contracting Officer of such performance deficiency; and

(2)Â Be obligated to pay the Government an amount (computed by the Contracting Officer in the manner provided in paragraph (j) of this clause) equal to interest on the unearned amount from the 8th day after the date of receipt of the unearned amount until-

(i)Â The date the Contractor notifies the Contracting Officer that the performance deficiency has been corrected; or

(ii)Â The date the Contractor reduces the amount of any subsequent certified request for progress payments by an amount equal to the unearned amount.

(e)Â Retainage. If the Contracting Officer finds that satisfactory progress was achieved during any period for which a progress payment is to be made, the Contracting Officer shall authorize payment to be made in full. However, if satisfactory progress has not been made, the Contracting Officer may retain a maximum of 10 percent of the amount of the payment until satisfactory progress is achieved. When the work is substantially complete, the Contracting Officer may retain from previously withheld funds and future progress payments that amount the Contracting Officer considers adequate for protection of the Government and shall release to the Contractor all the remaining withheld funds. Also, on completion and acceptance of each separate building, public work, or other division of the contract, for which the price is stated separately in the contract, payment shall be made for the completed work without retention of a percentage.

(f)Â Title, liability, and reservation of rights. All material and work covered by progress payments made shall, at the time of payment, become the sole property of the Government, but this shall not be construed as-

(1)Â Relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or

(2)Â Waiving the right of the Government to require the fulfillment of all of the terms of the contract.

(g)Â Reimbursement for bond premiums. In making these progress payments, the Government shall, upon request, reimburse the Contractor for the amount of premiums paid for performance and payment bonds (including coinsurance and reinsurance agreements, when applicable) after the Contractor has furnished evidence of full payment to the surety. The retainage provisions in paragraph (e) of this clause shall not apply to that portion of progress payments attributable to bond premiums.

(h)Â Final payment. The Government shall pay the amount due the Contractor under this contract after-

(1)Â Completion and acceptance of all work;

(2)Â Presentation of a properly executed voucher; and

(3) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor s claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of1940 (31 U.S.C.3727 and 41 U.S.C. 6305).

(i) Limitation because of undefinitized work. Notwithstanding any provision of this contract, progress payments shall not exceed 80 percent on work accomplished on undefinitized contract actions. A "contract action" is any action resulting in a contract, as defined in FAR subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes.

(j) Interest computation on unearned amounts. In accordance with 31 U.S.C. 3903(c)(1), the amount payable under paragraph (d)(2) of this clause shall be-

(1)Â Computed at the rate of average bond equivalent rates of 91-day Treasury bills auctioned at the most recent auction of such bills prior to the date the Contractor receives the unearned amount; and

(2)Â Deducted from the next available payment to the Contractor.

(End of clause)

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See Answers to RFIs and attachments

The purpose of amendment 0002 is to post an updated version of the Solicitation (SF1442)

See SF 30

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