Q_A EHRM Upgrades for BH CBOC.docx

SUBJECT*

EHRM Infrastructure Upgrades Balcones Heights CBOC

GENERAL INFORMATION

Regional Procurement Office West

7400 Merton Minter Blvd.

POINT OF CONTACT*

Contract Specialist Dr. Vinicky Ann Ervin Ph.D.

vinicky.ervin@va.gov

(210) 694-6306

PLACE OF PERFORMANCE

4522 Fredericksburg Road, Suites A10-A6 & A88-A38, San Antonio TX

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

1. Is this project intended to be a design-bid-build, or a design-build?

A. It’s intended to be design build.

2. Are you requiring clearances, credentials, or background check to be able to attend to the site visit?

A. No, background check will not be required for the site visit. VA IT personnel will escort the offerors. Background checks will be done for those who win the bid before they start work.

3. We missed the site visit yesterday due to a scheduling conflict but wanted to request an opportunity to visit the site.

A. No

4. Also, when do you anticipate opening up the solicitation on SAM.gov?

A. Solicitation was posted 04 May 2023.

5. Will the VA provide complete existing “as-build” drawings (Architectural, Mechanical, Electrical & Plumbing) in electronic (PDF or DWG format) showing existing space layout, dimensions, square footage, MEP systems etc. for use in responding to this solicitation?

A. The VA leases this building and does not have the architectural and MEP drawings requested.

6. If current existing spaces are not in compliance with VA Infrastructure Standards of Telecommunications Spaces Version 3.1 (or other VA Design guidelines) will they need to be modified to comply or are all existing spaces to remain in their current configuration?

A. This project is to modify the existing space to meet VA requirements. Any requirements that are not practically attainable shall be identified during the design phase and brought to the attention of the VA for remediation. The designer and the VA will collaborate on the best way forward.

7. Solicitation Requirement Item 11, indicates a project completion of 360 Days from notice to proceed. The Scope of Work, Section 3, Period of Performance paragraph 3.3 outlines a period of performance of 150 days. Please clarify?

A. The period of performance for this project is 150 days

8. Will the sign-in sheet of participants attending the Pre-Bid site visit be distributed?

A. Yes, see attached

9. Is this project sales tax exempt? If the project is sales tax exempt will the government/ VA provide a sales tax exemption certificate?

A. CO will provide tax exemption form under Title 122A

10. Will employees need badging to access the building? If so, what is the cost and process to get a badge?

A. No. Badges are only required to access external employee doors. They are created and managed on site. They are not security ID badges.

11. Is Commissioning by the owner?

A. Please refer to SOW Section 1.4 Testing.

Per Section 1.4.2 : ‘Lessor will coordinate final tests with VHA COR and conduct final tests in his/her presence. Lessor shall furnish all labor, materials, equipment, instruments, and forms, to conduct and record such tests.’

12.What are the working hours on this project?

A. Working hours will be general building operation hours (0730 – 1630) Monday – Friday 13.Where will the designated parking area be for workers accessing the construction site?

A. There is an open parking lot. As long as they don’t have to be parked next to the building there is room. Parking adjacent to building is reserved for veterans. If staging is needed, contractors may park in rear of building to drop off material in rear access door. However, vehicle must be moved after dropping off as it is a right of way (ROW) access.

14.Will the government accept the use of the industry leading Procore Project Management software as the primary submittal and data tracking tool for this project?

A. No 15.Is there any work dealing with asbestos expected on this project? if so, please provide Hazardous material report?

A. No 16.Is there any scope that will demolish, expand, or renovate spaces in the building? Please provide details.

A. Please refer to scope of work, contract to upgrade EHRM infrastructure at N Bexar may require demolition of existing wall or hard ceiling. (pending on design) 17.Due to current potentially significant tariffs being placed on the importation of building materials such as wood or steel by the current Presidential Executive Branch, if a tariff is placed after bid time and before award will the government consider a price escalation on a contract value for products such as steel or wood should the executive branch levee tariffs effecting such materials? Most of these materials would still have been Buy American compliant as the tariffs would increase pricing on all steel or wood materials, regardless of origin.

A. No 18.Will the Government consider adding an economic price adjustment (EPA) clause to the solicitation given the unprecedented inflationary environment we are in. FAR 16.3203-2 already allows adding an economic price adjustment clause.

A. No, this is Firm Fixed Price Contract.

19.In accordance with 13 C.F.R. § 125.8(e), please confirm that the government will accept the experience from either member of an SBA approved Joint Venture with a mentor-protégé agreement to meet the requirements of the solicitation?

A. This is SDVOSB only.

20. Please clarify the allocated budget for this project.

A. North Bexar $275,000.00; Balcones Heights $350,000.00 and Balcones Heights Mental Health $250,000.00

21. Solicitation has two durations, 360 days in the 1442 form cover page and a total duration of 150 days which include design & Construction, which one is the correct one?

A. 150 days 22.When is the government expecting to award project and how long after NTP is the GC to mobilize?

A. After evaluation of offers and 10 days after NTP to mobilize

23. Is there a more specific scope of work that lists the number of Telecommunications rooms, offices, spaces that will be affected by this project?

A. No additional scope 24.Is there a layout of the building, that the design team can use to trace conduit/ telecom data drops to into rooms affected?

A. General floor plans are available 25.The RFI deadline is a day after the site visit. Most of the project analysis will be done with site visit notes: Description, dimension, and quantities. Can RFI deadline be extended by a week to allow subcontractors time to review project scope?

A. No, due to time constraint of the project need date

26. Will another site visit be allowed to confirm site requirements once a design/ scope is drafted out?

A. Once a vendor/contractor is awarded. No additional site visits in pre-award phase.

27.What is the company managing the BMS / controls to adjust or add any additional sensors to the existing systems?

A. On-site building manager was unable to provide a determination

28.What are the companies, currently servicing the existing:

a. access control : Security Technology of South Texas

b. Cameras: Security Technology of South Texas

c. BMS / Controls : On-site building manager was unable to provide a determination

d. Fire Alarm: Western States Fire Protection of San Antonio

e. Fiber provider: AT&T

29.Where will the new fiber/ data line be tapped from?

A. DMARC room / area where existing fiber / data are located 30.Can the required superintendent on site double hat the SSHO position required?

A. Yes 31.Can you please confirm that during construction, Division 27 and 28 tasks are to be managed by a full-time onsite project manager who possesses a BICSI RCDD certificate?

A. Construction needs to be done according to design and design needs to be done/approved by RCDD qualified person 32.Under this project, are we to provide an allowance for additional Cat 6A cabling to support cables which may not be identified during the solicitation process?

A. No

33. Has this site had any recent Wi-Fi upgrades, if not, does the site foresee Wi-Fi upgrades being performed under the NextGen wireless program which may add access points to the project scope?

A. Building will not fall under NextGen wireless program, Recent upgrades were installed

34. Can you confirm the number of TR/Telecom spaces to be remediated under this solicitation?

A. There are 2 solicitations. Mental Health Clinic – 1 TR room and Gold & Silver Clinic – 2 TR Rooms

35. What are the operating hours of the clinic?

A. 0730 – 1630 (Monday – Friday)

36. Will Telecomm Room as-built files be provided?

A. No; Telecom room general as-builts which include the following (room #, area, and dimensions of space are available.

37. Will HVAC, electrical, and low voltage as-built drawings be provided?

A. No

SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers’ liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause)

MANDATORY WRITTEN DISCLOSURES

Mandatory written disclosures required by FAR clause 52.203-13 to the Department of Veterans Affairs, Office of Inspector General (OIG) must be made electronically through the VA OIG Hotline at http://www.va.gov/oig/contacts/hotline.asp and clicking on "FAR clause 52.203- 13 Reporting." If you experience difficulty accessing the website, call the Hotline at 1-800-488- 8244 for further instructions.

PAYMENT & PERFORMANCE BONDS:

The offeror to whom award is made will be required to furnish two bonds. A Payment Bond shall be provided on Standard Form 25A (SF 25A) and a Performance Bond shall be provided on Standard Form 25 (SF 25). Both bonds shall be submitted in accordance with FAR 52.228-15 Performance and Payment Bonds - Construction, which can be located under FAR 52.252-2 Clauses Incorporated by Reference.

Copies of SFs 25A and 25 may be obtained from http://www.gsa.gov/portal/forms/type/TOP.

AVAILABILITY OF SOLICITATION DOCUMENTS

All solicitation-related documents will be published to Contract Opportunities at https://sam.gov/ .

Request For Quote This solicitation is being issued as a Request For Quote ( RFQ) in accordance with FAR Part 13.

SDVOSB SET-ASIDE

This procurement is a 100% set-aside for Service-Disabled Veteran-Owned Small Business (SDVOSB) concerns. Offers received from other than SDVOSB concerns will not be considered.

All SDVOSBs must be listed as “verified” by the Small Business Administration (SBA) Veteran Small Business Certification (VetCert). Offerors must be verified and visible in the SBA VetCert database (Veteran Small Business Certification (sba.gov)) at TIME OF SUBMISSION OF BIDS AND TIME OF AWARD. Failure to be BOTH visible and verified at the time of bid submission and time of award will result in the offeror’s bid being deemed unacceptable and ineligible for award.

NOTE: As of January 1, 2023, all SDVOSBs that were previously verified by the VA Center for Verification and Evaluation (CVE) are automatically granted certification by the SBA for the remainder of the firm’s eligibility period. The SBA intends to grant a one-time, one-year extension of certification to current SDVOSBs verified by the VA as of the transfer date on January 1, 2023. This additional year will be added to the existing eligibility period of a current participant. New applicants certified by SBA after January 1, 2023, will receive the standard three-year certification period. The NDAA 2021 grants a one-year grace period for self-certified SDVOSBs until January 1, 2024. During the grace period, self-certified businesses have one year to file an application for SDVOSB certification and may continue to rely on their self-certification to compete for non-VA SDVOSB set-aside contracts. Self-certified SDVOSBs that apply before January 1, 2024, will maintain their eligibility through the expiration of the grace period until SBA issues a final eligibility decision.

AMENDMENTS

Amendments to this solicitation will be posted at https://sam.gov/. Paper copies of the amendments will NOT be individually mailed. No other notification of amendments will be provided. Potential offerors are advised that they are responsible for obtaining and acknowledging any amendments to the solicitation. Failure to acknowledge an amendment may result in the offeror’s bid being considered non-responsive.

QUOTE SUBMISSION

A. GENERAL:

(a) Offerors shall submit their bids via email to: Dr. Vinicky Ann Ervin Ph.D.

(b) Only email quotes will be accepted. No original or hard copies will be accepted.

(c) The bid bond shall be submitted as part of the electronic submission and the original hard copy of the bid bond shall be mailed to:

Audie Murphy VA Hospital ATTN: Alfred K. Lagat 7400 Merton Minter St San Antonio, Texas 78229-5898

(e) Failure to provide electronic quotes and an electronic copy of the bid bond by the date and time set for receipt of bids may deem the quote Non-Responsive.

BID PACKAGE CONTENTS:

(a) Standard Form (SF) 1442 Solicitation, Offer, and Award:

The offeror shall complete and sign the “OFFER” section of the SF 1442. Please include your company’s Unique Entity Identifier associated with SAM.gov in Block 14.

(b) Acknowledgement of All Amendments:

The offeror shall agree to and acknowledge all amendments by either 1.) completing block 19 of the SF 1442, or 2.) returning the signed amendment form(s) with the submission.

(c) Price Schedule:

The offeror shall complete the Price Schedule of the solicitation.

(d) Tax on Certain Foreign Procurements – Notice and Representation:

The offeror shall provide their response to FAR 52.229-11 (d).

(e) Representations & Certifications:

As the provision at FAR 52.204-7 is included in the solicitation, FAR 52.204-8 (d) applies and the fill-in for FAR 52.204-8 (b)(2) does not need to be completed. The offeror is required to complete the annual representations and certifications electronically at https://www.sam.gov.

(f) Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment:

The offeror shall provide their response to FAR 52.204-24 (d) Representations.

(g) Information Regarding Responsibility Matters:

The offeror shall provide their response to FAR 52.209-7 (b).

(h) Violation of Arms Controls Treaties or Agreements:

The offeror shall provide their response to FAR 52.209-13 (b) Certification.

(i) Post Award Small Business Program Representations:

The offeror shall provide their response to FAR 52.219-28 (h), if applicable.

(j) Limitations on Subcontracting:

The offeror shall complete and sign the VA Notice of Limitations on Subcontracting - Certificate of Compliance for Services and Construction required in VAAR 852.219-75 and return it with their bid submission. A copy of the clause to be completed and included with the bid is attached as a separate document (Attachment 17 - Limitations on Subcontracting - Construction). The completed and signed form will become part of the official award documentation.

(k) Experience Modification Rate:

The offeror shall provide the Safety and Environmental Violations and Experience Modification Rating (EMR) information, including filling out the attached document Contractor Safety and Environmental Form.

(1) Provide offeror’s information pertaining to their past Safety and Environmental record. The information must contain a certification that the offeror has no more than three (3) serious, or one (1) repeat, or one (1) willful OSHA or any EPA violation(s) in the past three years. If such certification cannot be made, an offeror shall explain why and submit as much information as possible regarding the circumstances of its past safety and environmental record, including the number of EPA violations and/or the number of serious, repeat, and/or willful OSHA violations, along with a detailed description of those violations.

(2) Provide offeror’s information regarding their current EMR. This information shall be obtained from the offeror’s insurance carrier and be furnished on the insurance carrier’s letterhead. If an offeror’s EMR is above 1.0, offeror must submit a written explanation of the EMR from its insurance carrier furnished on the insurance carrier’s letterhead, describing the reasons for the elevated EMR and the anticipated date the EMR may be reduced to 1.0 or below.

(3) Self-insured contractors or other contractors that cannot provide their EMR on insurance letterhead must obtain a rating from the National Council on Compensation Insurance, Inc. (NCCI) by completing and submitting form ERM-6 and providing the rating on letterhead from NCCI. Note: Self-insured contractors or other contractors that cannot provide their EMR on insurance letterhead from the states or territories of CA, DE, MI, NJ, ND, OH, PA, WA, WY, and PR shall obtain their EMR from their state-run worker’s compensation insurance rating bureau.

(4) If the NCCI cannot issue an EMR because the offeror lacks insurance history, the offeror shall submit a letter indicating so from its insurance carrier furnished on the insurance carrier’s letterhead and include a letter from the NCCI indicating that it has assigned the offeror a Unity Rating of 1.0.

(5) The above information, along with other information obtained from Government systems, such as the OSHA and EPA online inspection history databases, will be used to make an initial Determination of Responsibility.

(6) This requirement is applicable to all subcontracting tiers, and prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors.

(7) Failure to provide the above documentation may result in a determination that an offeror is non-responsive and therefore ineligible for award.

DETERMINATION OF NON-RESPONSIVE

Quotes received pertaining to this solicitation will be reviewed for responsiveness. Failure to provide documentation as outlined in the RFQ section of the solicitation by the date and time set for receipt of bids may deem the bid non-Responsive.

DETERMINATION OF RESPONSIBILITY

A Determination of Responsibility will be conducted for the apparent low bidder/awardee prior to award of the project. The above information, along with other information obtained from Government systems, such as, but not limited to the OSHA and EPA online inspection history databases, as well as any other information the Contracting Officer has determined to be valid, will be used to make the Determination of Responsibility. NOTE: Any information received by the Government that would be cause for a negative Determination of Responsibility may make the offeror ineligible for award.

VETS 4212

Title 38, USC Section 4212(d), codified at 41 CFR Section 61-300, requires that federal contractors report, at least annually, the number and category of veterans who are within their workforce. Submission of the VETS-4212 reporting information can be done electronically at:

http://www.dol.gov/vets/vets4212.htm. Award cannot be made unless the awardee has filed their VETS-4212 report. Therefore, all offerors are encouraged to file every year. The Contracting Officer may request a copy of the email confirmation of receipt notification prior to awarding the project.

SYSTEM FOR AWARD MANAGEMENT (SAM)

Federal Acquisition Regulations require that federal contractors register in the System for Award Management (SAM) database at https://sam.gov/ and enter all mandatory information into the system. Offerors are required to be registered in SAM at the time an offer is submitted in order to comply with the annual representations and certifications requirements (see FAR 52.204-7).

CONTRACT AWARD

Award may only be made with the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the government, considering only price (see FAR 52.214-19). The low price will be evaluated by the Contracting Officer prior to award to confirm that it is “a fair and reasonable price that is most advantageous to the Government.”

REVIEW REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS) As prescribed in Federal Acquisition Regulation (FAR) Part 42.1502(e), the Department of Veterans Affairs (VA) evaluates contractor past performance on all construction contracts that exceed $750,000 and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that the contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement, VA uses an online database, CPARS, which is maintained by the Naval Seal Logistics Center in Portsmouth, Virginia. CPARS is available to all Federal agencies and is the system used to collect and retrieve performance assessment reports used in source selection determinations. CPARS also includes access to the federal awardee performance and integrity information system (FAPIIS). FAPIIS is a web-enabled application accessed via CPARS for contractor responsibility determination information.

Each contractor whose contract award is estimated to exceed $750,000 is required to register with CPARS database at the following web address: http://www.cpars.gov/. Help in registering can be obtained by contacting Customer Support Desk @ DSN: 684-1690 or COMM: 207- 438- 1690. Registration should occur no later than thirty days after contract award and must be kept current should there be any change to the contractor’s registered representative.

For contracts with a period of one year or less, the contracting officer will perform a single evaluation when the contract is complete. For contracts exceeding one year, the contracting officer will evaluate the contractor’s performance annually. Interim reports will be filed each year until the last year of the contract, when the final report will be completed. The report shall be assigned in CPARS to the contractor’s designated representative for comment. The contractor representative will have thirty days to submit any comments and re-assign the report to the VA contracting officer.

Failure to have a current registration in the CPARS database, or to re-assign the report to the VA contracting officer within those thirty days, will result in the Government’s evaluation being placed on file in the database with a statement that the contractor failed to respond.

BACKGROUND INVESTIGATIONS AND SPECIAL AGREEMENT CHECKS

All contractor employees are subject to the same level of investigation as VA employees who have access to VA Sensitive Information. The level of background investigation is commensurate with the level of access needed to perform all work as identified in the solicitation documents.

This requirement is applicable to all subcontractor personnel requiring the same access. As per VA Directive 0710, costs of background investigations will be borne by the contractor. Please be advised that the awardee will need to coordinate with the VA Medical Center concerning badging requirements.

REFERENCES TO VA ENGINEER, RESIDENT ENGINEER, OR PROJECT MANAGER

Any reference contained within the solicitation/contract specifications and/or drawings to the “VA Engineer,” “Resident Engineer,” or “Project Manager,” or their abbreviations shall be replaced with “Contracting Officer’s Representative (COR).”

USE OF PROJECT LABOR AGREEMENTS

Use of Project Labor Agreements for Federal Construction Projects (PLAs): Offeror(s) may submit proposals with or without a PLAs. The PLAs shall fully conform to the Federal Acquisition Regulation (FAR) Subpart 22.5 “Project Labor Agreement for Federal Construction Projects.” No additional credit will be assigned to proposals submitted with a PLA. PLA proposals will not be given additional credit toward selection of a proposal for award. Offeror(s) who chose to provide a proposal including PLAs shall do so in compliance with the applicable solicitation Questions and Answers EHRM Upgrades for Balcones Heights CBOC; Balcones Heights Mental Health CBOC and North Bexar CBOC requirements.

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INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

1.1 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)

1.2 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND REPRESENTATION (JUN 2020)

(a) Definitions. As used in this provision— Foreign person means any person other than a United States person.

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area.

United States person as defined in 26 U.S.C. 7701(a)(30) means—

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and

(5) Any trust if—

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror would claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.

(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that—

(1) It [ ] is [ ] is not a foreign person; and

(2) If the Offeror indicates “is” in paragraph (d)(1) of this provision, then the Offeror represents that—I am claiming on the IRS Form W-14 [ ] a full exemption, or [ ] partial or no exemption [Offeror shall select one] from the excise tax.

(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then—

(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and

(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.

(f) If the Offeror selects “is” in paragraph (d)(1) and “partial or no exemption” in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

(End of Provision)

1.3 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:

Hand-Carried Address:

Mailing Address:

(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)

1.4 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—

(c) Participants will meet at—

(End of Provision)

1.5 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):

1.6 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)

(a) Any protest filed by an interested party shall—

(1) Include the name, address, fax number, email and telephone number of the protester;

(2) Identify the solicitation and/or contract number;

(3) Include an original signed by the protester or the protester’s representative and at least one copy;

(4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents;

(5) Specifically request a ruling of the individual upon whom the protest is served;

(6) State the form of relief requested; and

(7) Provide all information establishing the timeliness of the protest.

(b) Failure to comply with the above may result in dismissal of the protest without further consideration.

(c) Bidders/offerors and Contracting Officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.

(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:

1.7 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision— "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

"Federal contracts and grants with total value greater than $10,000,000" means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of Provision)

1.8 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—CERTIFICATION (NOV 2021)

(a) This provision does not apply to acquisitions at or below the simplified acquisition threshold or to acquisitions of commercial products and commercial services as defined in Federal Acquisition Regulation 2.101.

(b) Certification. [Offeror shall check either (1) or (2).] _____ (1) The Offeror certifies that—

(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President’s or Secretary of State’s determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; and

(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President’s or Secretary of State’s determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; or

(2) The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of this provision.

(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision). For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.

(1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there. Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.

(2) If there may have been such activity, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of noncompliance is equivalent to a determination of violation. However, the following statements in the annual report are not equivalent to a determination of violation:

(i) An inability to certify compliance.

(ii) An inability to conclude compliance.

(iii) A statement about compliance concerns.

(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.

(4) The Offeror may submit any questions with regard to this report by email to NDAA1290Cert@state.gov. To the extent feasible, the Department of State will respond to such email inquiries within 3 business days.

(d) Do not submit an offer unless—

(1) A certification is provided in paragraph (b)(1) of this provision and submitted with the offer; or

(2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer information that the President of the United States has—

(i) Waived application under U.S.C. 2593e(d) or (e); or

(ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22 U.S.C.2593e(b).

(e) Remedies. The certification in paragraph (b)(1) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.

(End of Provision)

1.9 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 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 . The time stated for completion shall include final cleanup of the premises.

(End of Clause)

1.10 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEP 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall—

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than—

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

(End of Clause)

1.11 52.223-20 AEROSOLS (JUN 2016)

(a) Definitions. As used in this clause— Global warming potential means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide's global warming potential is defined as 1.0.

High global warming potential hydrofluorocarbons means any hydrofluorocarbons in a particular end use for which EPA's Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables of alternatives available at (http://www.epa.gov/snap/).

Hydrofluorocarbons means compounds that contain only hydrogen, fluorine, and carbon.

(b) Unless otherwise specified in the contract, the Contractor shall reduce its use, release, or emissions of high global warming potential hydrofluorocarbons, when feasible, from aerosol propellants or solvents under this contract. When determining feasibility of using a particular alternative, the Contractor shall consider environmental, technical, and economic factors such as—

(1) In-use emission rates, energy efficiency;

(2) Safety, such as flammability or toxicity;

(3) Ability to meet technical performance requirements; and

(4) Commercial availability at a reasonable cost.

(c) The Contractor shall refer to EPA's SNAP program to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables available at http://www.epa.gov/snap/.

(End of Clause)

1.12 52.223-21 FOAMS (JUN 2016)

(a) Definitions. As used in this clause— Global warming potential means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide's global warming potential is defined as 1.0.

High global warming potential hydrofluorocarbons means any hydrofluorocarbons in a particular end use for which EPA's Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables of alternatives available at http://www.epa.gov/snap/.

Hydrofluorocarbons means compounds that contain only hydrogen, fluorine, and carbon.

(b) Unless otherwise specified in the contract, the Contractor shall reduce its use, release, and emissions of high global warming potential hydrofluorocarbons and refrigerant blends containing hydrofluorocarbons, when feasible, from foam blowing agents, under this contract. When determining feasibility of using a particular alternative, the Contractor shall consider environmental, technical, and economic factors such as—

(1) In-use emission rates, energy efficiency, and safety;

(2) Ability to meet performance requirements; and

(3) Commercial availability at a reasonable cost.

(c) The Contractor shall refer to EPA's SNAP program to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables available at http://www.epa.gov/snap/.

(End of Clause)

1.13 52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (DEC 2022)

(a) Definitions. As used in this clause— Caribbean Basin country construction material means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is—

(i) A commercial product (as defined in paragraph (1) of the definition of ‘‘commercial product’’ at Federal Acquisition Regulation (FAR) 2.101;

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued);…