36C25622R0129_1.docx

36C25622R0129

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.

X

580-22-4-5846-0073

580-22-111 Department of Veterans Affairs Network Contracting Office 16 5075 Westheimer Road, Suite 750

Houston TX 77056-5643 Department of Veterans Affairs Network Contracting Office 16 Michael E. DeBakey VA Medical Center 2002 Holcombe BLVD Houston TX 77030 4298

CONTRERAS, TABITHA

713-794-7513

A. This project will replace the main heat exchanger system and the pressure reduction station in the basement of B100 at Michael E. DeBakey VA Medical Center (MEDVAMC) located in Houston, TX. All construction work shall adhere to the latest JCAHO, NFPA, and life safety requirements, and must be performed without affecting medical center’s operations.

B. Contractor shall use the attached US Department of Labor Wage Determinations TX20220253 in accordance with the Davis Bacon Act.

C. The magnitude of construction is between $500,000 and $1,000,000 per FAR 36.204 and VAAR 836.204. Bid Bonds, Payment Bonds, and Performance Bonds are required.

D. NAICS code for this project is 238220 with a small business size standard of $16.5 Million.

E. This is a total Service-Disabled Veteran-Owned Small Business (SDVOSB) set-aside competitive procurement pursuant to Public Law 109-461 (38 USC 8127). The SDVOSB is required to perform a minimum of 25% of the construction work. The SDVOSB must be a small business under the relevant NAICS code. Vendors submitting proposals under a Joint Venture shall submit a copy of their Joint Venture agreement with their offer. Joint Ventures shall comply with VAAR 819.7003(c).

F. IMPORTANT: All SDVOSB contractors shall be Center for Verification and Evaluation (CVE) verified with the assigned NAICS code in order to receive contract award. Visit the following website for more information:

https://www.vip.vetbiz.va.gov/

G. Offerors shall be actively registered in SAM and be verified in VetBiz at the time offers are due. Offers may be rejected if they do not comply with this requirement.

H. Deadline for solicitation inquires is 08/12/22 at 12:00PMCT. Questions shall be emailed to Tabitha.Contreras@va.gov.

I. See FAR Provision 52.236-27 for Site Visit information.

X

X 52.211-10 X

See Instructions 12:00

08-23-2022 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

See attached continuation sheet.

Department of Veterans Affairs Network Contracting Office 16 5075 Westheimer Road, Suite 750

Houston TX 77056-5643 FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 Invoice must be submitted electronically

Tabitha Contreras

Table of Contents

CONTINUATION OF SF 1442 BLOCK # 17 CONTINUED

DESCRIPTION OF WORK: Contractor shall provide all supervision, labor, material, tools and equipment to repair and/or replace components of the main heat exchanger system and pressure reduction station in mechanical room #8 in the basement of Building 100 at The Michael E DeBakey VA Medical Center, Houston TX.

BASIS OF AWARD: A single award will be made on Line Item No. 1, but in the event the offer exceeds the funds available, a single award will be made on Line Item No. 2. The line items are listed in descending order of importance. Offerors shall provide a total contract price on each line item listed. The project’s period of performance is reflected in each bid line item.

LINE ITEM NO. 1: Base - Includes all work as indicated in the SOW, SOW attachments, and the specifications to replace the main heat exchanger system and pressure reduction station. The project period of performance is 155 calendar days.

TOTAL NO. 1: $______________________________*

*Offeror shall complete a price breakdown (for Line Item No. 1 only) by Specification Divisions using the form on page #6.

LINE ITEM NO. 2: Alternate # 1 – Includes all work as indicated in Line Item No. 1 except eliminate SOW items listed below. The project period of performance is 150 calendar days.

5.i.v. Remove three valves (on each heat exchanger, nine total) on the supply and return water connects to the heat exchangers and replace with new, equivalent or better, valves.

5.viii. Remove two globe valves (items #36 on attachments 1 and 2) and replace with new, equivalent or better, valves made from cast steel or forged steel.

TOTAL NO. 2 (Base - Alternate 1): $__________________________________

Project: 580-22-111 B100 Heat Exchanger and Pressure Reduction Station Repairs

Date:

SUBTOTAL COST:

GENERAL LIABILITY / INSURANCE:

OVERHEAD & PROFIT:

BOND:

PROJECT TOTAL COST:

Page 1 of

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

Page 1 of

Page 1 of

INSTRUCTIONS

Offerors shall follow the instructions contained herein. These instructions prescribe the proposal format and describe the approach for development and presentation of the proposal. These instructions are designed to ensure the submission of necessary information. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications. The Contracting Officer has determined there is a high probability of adequate competition in this acquisition. Interested offerors shall be solely responsible for all costs associated with this solicitation including but not limited to the preparation of proposals.

The Government plans to make an award without discussions. Therefore, each initial offer shall contain the offeror’s best terms from a price and technical standpoint. The Government reserves the right to conduct discussions if it is determined to be necessary.

Proposal shall be (1) submitted on the forms furnished by the Government or on copies of those forms; and (2) manually signed (“wet signature”). The person signing the proposal shall initial each erasure or change appearing on any proposal form. Alternate proposals will NOT be considered. Faxed submissions will not be accepted.

PROPOSAL SUBMISSION REQUIREMENTS

1. The Offeror’s proposal shall be submitted electronically (except the bid bond) via email to Tabitha.Contreras@va.gov by the date and time indicated in the solicitation/solicitation amendments in the files set forth below. An original copy of the bid bond with raised seals and wet signatures SHALL be mailed to the address below. The original bid bond SHALL be delivered by the solicitation closing date/time. In order for your firm to be considered for award, a complete proposal, including the bid bond, shall be received by the government by the solicitation due date/time.

The Offeror’s proposal shall consist of two (2) volumes:

Volume I - Past Performance Volume II – Price, Solicitation, Offer & Award Documents

2. PROPOSAL FILES. Offeror’s responses shall be submitted in accordance with the following:

a. Format. The submission shall be clearly indexed and logically assembled. Each volume’s cover page shall include company name, date, and solicitation number only. Any other information included on the cover page will not be evaluated. All pages of Volume I shall be appropriately numbered and identified by the complete company name, date and solicitation number in the header and/or footer. Proposal page limitations are applicable to this procurement. The Table below indicates the maximum page count for each volume of the Offeror’s proposal. All proprietary information shall be clearly and properly marked. If the Offeror submits annexes, documentation, attachments or the like, not specifically required by this solicitation, such will count against the Offeror’s page limitations unless otherwise indicated in the specific Volume instructions below. Pages in violation of these instructions, by exceeding the total page limit for a particular volume, will not be evaluated. The page count will be determined by counting the pages in the order they are assembled by the offeror, minus the cover page.

b. Offeror may only submit one (1) email for their proposal submission. Email size limitation is 15MB. Volumes I and II shall be included in the one single email permitted. Each Volume shall be a single attachment. Your firm’s email shall only include two attachments and titled as such:

Company Name - Volume I Past Performance Company Name – Volume II Price - Solicitation - Offer - Award Documents

c. Content Requirements. All information shall be confined to the appropriate file. The Offeror shall confine submissions to essential matters, sufficient to define the proposal and provide an adequate basis for evaluation. Offerors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of each proposal. The page limits and font size requirements for each volume are shown in the Table below:

Volume Number

BASIS FOR CONTRACT AWARD:

This is a competitive Request for Proposal (RFP) that represents the best value to the Government conducted under FAR Part 15.101-1, Tradeoff Procedure. This is a Past Performance-Price Tradeoff (PPT).

The government intends to evaluate proposals and award a contract without discussions with offerors unless holding discussions is determined by the Source Selection Authority (SSA) to be in the best interest of the government. All offerors are encouraged to provide their best proposal upfront. There is no guarantee that discussions will be held. Communication conducted to resolve minor or clerical errors would not constitute discussions and the Contracting Officer reserves the right to award a contract without the opportunity for proposal revisions. There will be no public bid opening.

A single award will be made to a Service-Disabled Veteran-Owned Small Business (SDVOSB) using Firm-Fixed Price Tradeoff Procedure. Past Performance is significantly more important than price. The offeror who presents the best value to the Government when Past Performance and Price are considered will be the apparent awardee. The Government reserves the right to accept other than the lowest priced offer or to reject all offers as listed in this solicitation. The Government shall not award a contract to an Offeror whose proposal contains a deficiency, as defined in FAR 15.001. If there is a lower priced, conforming offer(s), the SSA will decide on whether the added value of a more expensive proposal would justify award to that offeror.

The Government reserves the right to limit, for purposes of efficiency, the number of proposals in the competitive range to the greatest number that shall permit an efficient competition among the most highly rated proposals (10 U.S.C.2305(b)(4) and 41 U.S.C. 253b(d)). If the SSA decides that an offeror’s proposal should no longer be included in the competitive range, the proposal shall be eliminated from consideration for award and written notice of the decision shall be provided to the unsuccessful offeror in accordance with FAR 15.503.

VOLUME I - PAST PERFORMANCE Submission Requirements:

The Past Performance evaluation will assess the relative risks associated with an Offeror's likelihood of success in fulfilling the solicitation's requirements as indicated by that Offeror's record of past performance. In this context, “Offeror” refers to the proposed prime SDVOSB contractor. A single past performance rating will be based on the total package submitted by the offeror.

Recent Successful Past Performance: Offerors are required to provide their recent, substantially complete, successful performance under contracts that demonstrate they have successfully performed projects similar in scope as Project 580-22-111 in a hospital environment as the prime contractor within the last five (5) years, from the date this solicitation was issued.

Provide a detailed summary of the most recent five (5) projects that include:

1. Owner Government Agency/Company which awarded contract and their contact information (Name, Title, Telephone Number, Email);

2. Contract Number;

3. Location (physical address) of project performance;

4. Project Name;

5. Project Description (Details of construction requirements, challenges, and solutions);

6. Project Cost and Cost Control Measures (original and final contract costs, contract mods, cost containment measures, value engineering, etc.);

7. Project Performance Period (Initial and actual, schedule impacts and efficiencies); and

8. Subcontractors (Name, Rolls, Responsibilities, Percentage of work).

9. In addition, for each project submitted, Offeror’s shall provide a narrative that describes recent successful performance and demonstrates experience working in an active hospital environment on a project similar in scope as Project 580-22-111. Information shall include details on complexity, magnitude, challenges, and degree of success. Offeror is encouraged to include supporting documents such as photographs that support the narrative. The narrative should discuss items such as challenges with schedule, unforeseen site conditions, or other unusual factors, and provide details on how the offeror overcame those challenges.

The Government will conduct a performance risk assessment based on the quality, relevancy and recency of the Offeror's past performance as it relates to the probability of successful accomplishment of the required effort for Project 580-22-111. Offerors are cautioned that the Government will review available past performance data available in the Contractors Performance Assessment Reporting System (CPARS). The Government reserves the right to obtain past performance information from any available source and may contact customers other than those identified by the Offeror when evaluating past performance. Since the Government may not necessarily interview all the sources provided by the Offerors, it is incumbent upon the Offerors to explain the relevance of the data provided. Offerors are reminded that the burden of proving low performance risk rests with the Offerors.

The Government will review aspects of the offerors’ past performance experiences by the final costs, project schedule, and performance. Areas to be evaluated may include but are not limited to quality of Construction service, timeliness of performance or adherence to performance schedules, controlling project cost, and/or effectiveness in program management (to include use and control of subcontractors).

Per FAR 15.305(a)(2)(iv), an Offeror without a record of relevant past performance or for whom information on past performance is not available, the Offeror may not be evaluated favorably or unfavorably on past performance.

Volume II Price - Solicitation - Offer - Award Documents Submission Requirements:

1. To be eligible for award, Offerors are required to be CVE SDVOSB certified. Offerors must register their businesses at http://www.vetbiz.gov/ and https://www.sam.gov/portal/public/SAM/ and complete the ORCA. Joint Ventures shall comply with VAAR 819.7003(c).

2. 2-page SF1442 completed and signed by the signatory authority. The signature shall be a wet signature, and then the document may be scanned and submitted electronically. Microsoft Word “signatures” in different fonts, digital signatures, and scanned jpeg signatures are not allowed. All blocks under section “OFFER” on page 2 of SF1442 (Item 14 thru 20C) shall be completed.

3. Offerors shall provide a breakdown of their base bid line item on the price breakdown form provided in the solicitation document. Offerors shall provide pricing on each line item on the SF1442 continuation price sheet. The Government will evaluate price to determine whether proposals are fair and reasonable. (Note: In accordance with (IAW) FAR 28.101-1, a bid-bond is required; therefore, a performance and payment bond is required.) The Government will evaluate offers for award purposes based on CLINS or any alternate deduct items as determined by the Government based on the availability of funding.

4. Reps and Certs and any provisions/clauses that require offeror’s responses shall be submitted.

5. Acknowledgement of ALL Amendments.

6. Proof VETS 100 has been filed for 2021.

7. Experience Modification Rate (EMR).

8. Duly executed Bid Bond/Guarantee: Offerors shall use form SF24 Bid Bond. Bid bonds that are found noncompliant with bid guarantee requirements will result in the rejection of the proposal. See clause 52.228-1 Bid Guarantee for additional information on the compliance with bid guarantee requirements. This requirement shall be mailed and delivered to the government prior to the solicitation closing as stated above.

It is solely the responsibility of the offerors to ensure the Government receives the proposal before or on the exact due date and time set forth in this solicitation. Offerors shall provide the Contracting Officer confirmation of the bid bond delivery via email to Tabitha.Contreras@va.gov prior to the closing date/time. Tracking number and the name of the person who signed for the package is required.

VETS-4212: Title 38, USC Section 4212(d) and Public Law 105-339, requires that federal contractors report, at least annually, the number and category of veterans who are within their workforce. This VETS-4212 report can be submitted per the instructions at https://www.dol.gov/agencies/vets/programs/vets4212. For assistance contact VETS4212 customer support at 1-866-237-0275 or vets4212-customersupport@dolncc.dol.gov. For procurement awards in excess of $150,000, this report must be completed and accepted prior to any Federal contract award. Therefore, all potential contractors are encouraged to file every year.

All inquiries about this solicitation shall be directly submitted in writing via email to the Tabitha.Contreras@va.gov. No phone or faxed inquiry will be accepted. Deadline for all inquiries for this solicitation is listed on the SF 1442. Government’s responses to inquiries will be issued in the form of Amendment(s) to be posted on the same website where this solicitation is posted: www. SAM.gov. All interested offerors including those submitting inquiries are required to monitor the above website for any posted amendments and acknowledge them in accordance with the instructions provided in the amendments as well as in this solicitation.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.211-4 AVAILABILITY FOR EXAMINATION OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS (JUN 1988) The specifications cited in this solicitation are not available for distribution. However, they may be examined at the following location(s):

http://www.cfm.va.gov/til/spec.asp (End of Provision)

2.2 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed-Price, Requirements contract resulting from this solicitation.

(End of Provision)

2.3 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of Provision)

2.4 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

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 Harris County, Houston, TX

(End of Provision)

2.5 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American—Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.6 52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or 3,000,000, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of Provision)

2.7 52.233-2 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:

Tabitha Contreras Contracting Officer Hand-Carried Address:

Department of Veterans Affairs

NCO 16

Michael E. DeBakey VA Medical Center 2002 Holcombe Boulevard Houston TX 77030 4298

Mailing Address:

Department of Veterans Affairs

NCO 16

Michael E. DeBakey VA Medical Center 2002 Holcombe Boulevard Houston TX 77030 4298

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

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

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for— Tuesday, August 9, 2022, at 9am Central.

(c) Participants will meet at— MEDVAMC, Building 100 Main Lobby (End of Provision)

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

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

2.10 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)

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:

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

(End of Provision)

2.12 VAAR 852.236-92 NOTICE TO BIDDERS—ADDITIVE OR DEDUCTIVE BID LINE ITEMS (APR 2019)

(a) Additive or deductive line items in the bid schedule shall be evaluated to determine the low offeror and the items to be awarded. The evaluation shall be made as follows—

(1) Prior to the opening of bids, the Government will determine the amount of funds available for the project.

(2) The low bid shall be the Bidder that—

(i) Is otherwise eligible for award; and

(ii) Offers the lowest aggregate amount for the first or base line item, plus or minus (in the order stated in the list of priorities in the bid schedule) those additive or deductive line items that provide the most features within the funds determined available.

(3) All bids shall be evaluated on the basis of the same additive or deductive line items.

(i) If adding another item from the bid schedule list of priorities would make the award exceed the available funds for all offerors, the Contracting Officer will skip that item and go to the next item from the bid schedule of priorities; and

(ii) Add that next item if an award may be made that includes that line item and is within the available funds.

(b) The Contracting Officer will use the list of priorities in the bid schedule only to determine the low offeror. After determining the low offeror, an award may be made on any combination of items if—

(1) It is in the best interest of the Government;

(2) Funds are available at the time of award; and

(3) The low offeror’s price for the combination to be awarded is less than the price offered by any other responsive, responsible offeror.

(c) Example: ‘‘The amount available is $100,000. Offeror A’s base bid and four additives (in the order stated in the list of priorities in the bid schedule) are $85,000, $10,000, $8,000, $6,000, and $4,000. Offeror B’s base bid and four additives are $80,000, $16,000, $9,000, $7,000, and $4,000. Offeror A is the low offeror. The aggregate amount of offeror A’s bid for purposes of award would be $99,000, which includes a base bid plus the first and fourth additives. The second and third additives were skipped because each of them would cause the aggregate bid to exceed $100,000.’’

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2022) (JUL 2020) (DEVIATION) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238220.

(2) The small business size standard is $39.5 Million.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204–7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services—Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates II and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.

(C) If the acquisition value is $92,319 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations.

(xxiv) 52.225-25,…