36C25722B0006_1.docx

1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE

DOCUMENTS (

Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

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

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

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

9. FOR INFORMATION

CALL:

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

SEALED BID (IFB)

NEGOTIATED (RFP)

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

YES

NO

a.

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

b.

An offer guarantee is, is not required.

c.

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

d.

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

36C25722B0006 X 549-22-300 Department of Veterans Affairs Network Contracting Office, NCO17 2002 Scott Blvd.

Temple TX 76504 Department of Veterans Affairs Network Contracting Office, NCO17 2002 Scott Blvd.

Temple TX 76504 Michael Walls

(254) 899-6044

Acquisition Title: Remove Hazardous Waste, Project No. 549-22-300

Contractor shall provide all necessary labor, materials, equipment, and supervision to complete all required project work in accordance with the provided SOW, Specifications, and Plans. Project is located at the Dallas VA Medical Center (VAMC) 4500 S. Lancaster Rd, Dallas TX, 75216 and the Herzog building at 4900 S Lancaster Rd, Dallas, TX 75216.

This is a "Competitive" requirement Set Aside 100% Service Disabled-Veteran Owned Small Business (SDVOSB).

Magnitude of the Construction Project: Between $500,000 and $1,000,000.

The applicable North American Industry Classification System (NAICS) code for this project is 236220.

Pre-Bid Site Visit shall be held on November 2, 2021 @ 10:30am CST. All interested Contactors shall meet at Bldg. 9 Engineering, 4500 S. Lancaster Rd, Dallas, TX 75216

All Contractors attending the Pre-Bid Site Visit must go through COVID Screening to enter the facility. Please ensure early arrival to the facility to allow enough time to go through screening. Face Masks and picture ID is required.

Cut off for submission of RFI(s)/Questions shall be November 11, 2021 @ 1:00 PM CST. All RFI(s)/Questions must be emailed to: michael.walls2@va.gov. Please include the solicitation No. 36C25722B0006 on the subject line.

All Bidders must submit a Bid Guarantee as part of their Bid Package. Additionally, the Awardee must be able to obtain the necessary level of Performance and Payment Bonds.

SUBMISSION OF BIDS: All bids shall be submitted via email to the following email address: michael.walls2@va.gov by the date and time as stated in Block 13a below.

**All Contractors are required to comply with EO 14042 regarding COVID vaccines.

X X 52.211-10 X 0 (zero)

2:00 PM

CST

11-24-2021 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

Department of Veterans Affairs Network Contracting Office, NCO17 2002 Scott Blvd.

Temple TX 76504 This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

(877) 353-9791

(512) 460-5540 X

Table of Contents

Statement of Work………………………………………………………………………………………..6

VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors………………………………………………………………….16

4.8 52.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors……………………………………………………………………………..41

Wage Determination…………………………………………………………………………………….63

Dallas VA Medical Center Dallas, TX 75216

CONSTRUCTION SCOPE OF WORK

For

549-22-300– Remove Hazardous Waste

Construction Completion: 260 days after NTP

-- Services --

Provide:

1. Professional construction services to include but not limited to:

a. Lead and Asbestos Abatement.

b. Demo and install flooring.

c. Patch/Paint walls.

d. Install wall protections.

-- Documentation and Acronyms --

Applicable Documents:

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

a. Federal Acquisition Regulation

b. Veterans Administration Acquisition Regulation

c. Service Contract Act (SCA) Directory of Occupations (Fifth Edition) http://www.dol.gov/whd/contracts/sca.htm

d. ANSI: https://pdflakekxng.files.wordpress.com/2015/04/ansi-z133-safety-standard-pdf.pdf

e. VA Directive 0058- VA Green Purchasing Program

f. VA Directive 0057- VA Environmental Program

g. Master Construction Specification: https://www.cfm.va.gov/TIL/spec.asp#03

h. TIL Physical Security & Resiliency https://www.cfm.va.gov/til/spclRqmts.asp#PHS

i. Lead-Based Paint Removal and Disposal https://www.cfm.va.gov/TIL/spec/02833313.docx

j. Traditional Asbestos Abatement https://www.cfm.va.gov/TIL/spec/028211.docx

k. Asbestos Floor Tile and Mastic Abatement https://www.cfm.va.gov/TIL/spec/02821319.docx

l. Asbestos Roofing Abatement https://www.cfm.va.gov/TIL/spec/02821321.docx

3. Additional resources:

a. SHERWIN WILLIAMS Paint Shield Microbicidal Interior Latex Paint https://www.sherwin-williams.com/homeowners/products/paint-shield-microbicidal-interior-latex-paint Acronyms:

4. Glossary: Acronyms used in this SOW are listed below for easy reference:

-- Project Scope --

GENERAL:

5. Dallas VAMC intends to issue a construction contract. The project consists of:

a. The Contractor shall provide all labor, material, equipment, and supervision required to remodel, renovate, and asbestos abatement in buildings: 2 - basement, room BC-130 & Herzog building- second floor, room 229 (Rifle Range). at the Dallas VA Medical Center as required by the VA North Texas Healthcare System.

SPECIFICS:

6. Floors

a. The Contractor shall follow Attachment A for asbestos abatement specifications.

b. The Contractor shall provide and install LVT flooring per the VA MASTER CONSTRUCTION SPECIFICATIONS.

i. The Contractor shall provide LVT tiles per VA Specifications (Attachment B).

7. Walls

a. The Contractor shall prep the walls in the Basement and First Floors of Building 2 (basement, room BC-130) & Herzog building (Second floor, room 229 Rifle Range).

i. The Contractor shall remove all existing trims and finishes from the walls.

ii. The Contractor shall remove all artwork, TVs, TV frames, room signs, and directional signage from the walls.

1. The Contractor shall be responsible for properly storing and maintaining all artwork, TVs, TV frames, room signs, and directional signage for the duration of the project.

2. The Contractor shall be responsible for any damages that occur to any artwork, TVs, TV Frames, room sign, and directional signage from the time they are removing them until they are re-installed on the walls.

iii. The Contractor shall re-mount all artwork, TVs, TV frames, room signs, and directional signage upon completion of the wall renovations.

iv. The Contractor shall ensure that the paint used matches existing VA colors per VA Specifications (Attachment B).

v. The Contractor shall paint all door frames using VA Standards (See attachment B).

b. The Contractor shall retouch any clear oak storefronts and finishes.

c. The Contractor shall provide Handrails, Crashrails, and Corner Guards for Buildings 2 and Herzog.

i. The Contractor shall provide Handrails, Crashrails, and Corner Guards.

Other Specifics:

8. The Contractor shall provide all PPE required for the employees and sub-contracting employees associated with this work.

9. The Contractor shall follow all VA protocols put in place for the COVID-19 pandemic. This includes but is not limited to:

a. Going to one of the screening points every morning before gaining access to the facility.

b. Wearing a facemask at all times within the facility.

c. Providing a weekly screening report compiling every mandated daily screenings to the COR at the end of each work week.

10. The Contractor is responsible for relocation of any piece of art, TVs, or sign in the work area.

11. The Contractor shall ensure all products/equipment used for this project are stored, handled, applied, and disposed of following the manufacturers’ instructions.

12. The Contractor shall only use products suitable for the job conditions. Manufacturer’s instructions and recommendations shall be followed for all products used.

13. The Contractor shall replace any damaged sprinkler heads or piping caused by or during the work performed.

14. The Contractor shall adhere to all safety and infection control measures while performing work at the facility.

15. The Contractor will submit picture of affected area before, during, and after the renovation of each area.

16. The Contractor shall provide their own dumpster and dispose of all damaged items, removed items, and debris created from the construction and demolition in every aspect of this project.

-- Site Investigation --

Expectation: Contractors shall determine existing as-built conditions through site visits. The Contractor shall submit any alternate suggestions for required materials for approval prior to procurement.

-- Environmental/Occupational Safety and health (EOSH) --

Expectation: All projects and project designs shall contain language that addresses all applicable EOSH requirements.

17. Regulatory Compliance- EOSH requirements for work performed at the above location can be found in:

a. Volume 29 of the Code of Federal Regulations, Part 1910- Occupational Safety for General industry.

b. Volume 29 of the Code of Federal Regulations, Part 1926- Occupational Safety for the Construction Industry.

c. Volume 40 of Code of Federal Regulations, Protecting of the Environment.

d. Volume 49 of the Code of Federal Regulations, Part 397- Transportation of Hazardous Materials.

Specification: The VA Master Construction Specification contains work procedures and material requirements designed to meet regulatory compliance requirements. Whenever possible, the Master Construction Specification must be used as the basis for the evaluation.

18. The VA Master Construction Specifications include but not limited to:

a. 09 05 16 Subsurface Preparation for Floor Finishes.

b. 09 65 13 Resilient Base and Accessories.

c. 09 72 16 Vinyl-Coated Fabric Wall Coverings.

d. 09 91 00 Painting.

-- Location/Hours/Deliverables --

Performance Location:

19. Building 2 at Dallas VA Medical Center located at 4500 S. Lancaster Rd, Dallas, TX, 75216 as required by the VA North Texas Healthcare System. Herzog building at 4900 S Lancaster Rd, Dallas, TX 75216.

Hours:

20. Work is to be performed on Monday to Friday at 8:00AM - 4:30PM. Contractor access will be provided during this time, except special federal holidays unless discussed and approved by the COR ahead of time. Weekend work is not approved unless previously discussed and authorized by COR.

a. The Federal Holidays are as follows:

-- Contractor Personnel and Management --

Contractor Personnel:

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

22. The Contractor is required that all subcontractor or employees have been screened by the Dallas VAMC Healthcare System. All personnel are required to wear a VA government furnished badge. All contractor and subcontractor are required to wear a government and company furnish badge while performing services under this contract. The badge will contain a personal picture, name of employee, and Contractor's name. Badges shall be worn on the outer garment attached to the outer shirt or jacket pocket by a button or clip or worn around the neck secured by an appropriate identification card lanyard.

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

24. The contractor shall insure that employee or subcontractor have valid driver license when driving a vehicle on property.

Management:

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

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

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

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

Safety/Security Requirements:

29. The Contractor shall comply with all applicable federal, state and local laws and ensure performance is secure while protecting material, equipment, and supplies from damage and loss. The Contractor shall ensure that employees or subcontractor have the proper PPE for the job. Government security personnel shall have the express right to inspect for security violations at any time during the term of the contract.

30. All work performed under this contract will be in accordance with Safety and Health During Construction Activities Policy 138-80-16. Provide a written certified statement indicating that the construction project meets the life safety code requirements. For those maintenance and repair projects where the life / safety code requirements are not applicable, a written statement shall also be provided accordingly.

31. The Dallas VAMC Safety Officer and COR shall have full authority to see that the contractor obeys all safety rules and regulations relative to the fulfillment of this contract.

Work Attire and Appearance:

32. Contractor personnel shall present a professional appearance commensurate with standards delineated for Government civilian personnel acting in similar capacities.

33. The Contractor shall provide the necessary PPE to perform all the work described in this SOW.

Personnel Qualification:

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

35. Contractor shall provide a supervisor who speaks English on site at all time

36. Personnel should be properly trained for safety and performance of their respective duties.

37. The Government reserves the right to review Contractor personnel qualifications. Upon request, resume shall be provided to the Contracting Office prior to clearance approval, for review and acceptance by the COR. The intent is verification purpose and not for the Government to become the hiring authority.

38. Contractor and all contractor employees must have taken the Occupational Safety and Health Administration (OSHA) Certified 30/ 10-hour construction safety course and show documented proof. The contractor shall designate a “competent person” in accordance with 29 CFR 1926. 32(f) which states, “One who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous or dangerous to employees and who has authorization to take prompt corrective measures to eliminate them”. The contractor shall instruct each of his employees in the recognition and avoidance of unsafe conditions and the regulations applicable to this work environment to control or eliminate any hazards or other exposure to illness or injury.

Non-Personal Service Statement:

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

-- Damages/Insurance --

Damages:

40. The Contractor is liable for all damages to Government equipment, property; utilities, etc., located at the site (e.g. sprinkler heads, ceiling tiles, manholes, fire hydrants, vehicles, windows, etc.) caused by the Contractor, its employees or it subcontractors. The Contractor shall immediately report all damages to the COR and shall provide the Contracting Officer (CO) and COR, a written report, within 24 hrs. The report shall include: What occurred, who was involved, when it occurred (Time/Date), where did it occurred, why it occurred, how it occurred, and the proposed means to repair or replace.

41. Contractor is to maintain free and unobstructed access to facility emergency services and for fire, police and other emergency response forces in accordance with NFPA 241.

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

PROVIDE ALL NECESSARY LABOR, MATERIALS, EQUIPMENT AND SUPERVISION FOR CONSTRUCTION SERVICES TO INCLUDE BUT NOT LIMITED TO: LEAD AND ASBESTOS ABATEMENT, DEMO AND INSTALL FLOORING, PATCH/PAINT WALLS AND INSTALL WALL PROTECTIONS LOCATED IN BUILDING 2 AT DALLAS VA MEDICAL CENTER 4500 S. LANCASTER RD, DALLAS, TX, 75216 AND HERZOG BUILDING LOCATED AT 4900 S LANCASTER RD, DALLAS, TX 75216 IN ACCORDANCE WITH THE STATEMENT OF WORK, SPECIFICATIONS AND DRAWINGS

** NOTE** an award shall be made on the Base Bid (Line Items 0001 and 0002) unless the base bid is more than the allocated or available funding for the project. If ALL base bids exceed the allocated or available funding, then no award will be made. Offerors must bid all items in order to be considered.

PERFORMANCE AND PAYMENT BOND

TOTAL PROJECT DURATION: 260 Calendar days to complete work from issuance of the Notice to Proceed

Page 1 of Page 1 of

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

COVID-19 Bid Submission Instructions

A. In order to comply with Federal mandate to limit Face-to-Face interaction and/or Social Distancing hard copy bid package(s) shall not be submitted via FedEx, UPS, or Hand Deliver to the Contracting Office. All bid packages shall be submitted via email to the following email address: michael.walls2@va.gov , by the specified Bid Closing date and time.

All public Bid Opening are hereby suspended until further notice due to the COVID-19 limiting Face-to-Face interaction and/or Social Distancing. Bids shall be opened by the Contracting Officer and/or Contract Specialist and recorded on an official Bid Abstract. Bid Abstracts will be available upon request via email.

VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors

1. Contractor employees who work in or travel to VHA locations must comply with the following:

a. Documentation requirements:

1) If fully vaccinated, shall show proof of vaccination.

i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

2) If unvaccinated and granted a medical or religious exception, shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test.

3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

2.1 52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of Provision)

2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

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

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

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

(End of Provision)

2.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the—

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Dallas VA Medical Center located at 4500 S. Lancaster Rd.

Herzog building located at 4900 S Lancaster Rd.

Dallas TX, 75216 (End of Provision)

2.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)

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

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

(c) Evaluation of offers.

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

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.5 52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

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

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

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

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

(End of Provision)

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

(a) Offerors shall obtain from each person acting as an individual surety on a bid guarantee—

(1) A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203–1; and

(2) Standard Form 28, Affidavit of Individual Surety.

(b) The Offeror shall include with its offer the information required at paragraph (a) of this provision within the timeframe specified in the provision at FAR 52.228–1, Bid Guarantee, or as otherwise established by the Contracting Officer.

(c) The Contracting Officer may release the security interest on the individual surety’s assets in support of a bid guarantee based upon evidence that the offer supported by the individual surety will not result in contract award.

(End of Provision)

2.7 52.233-2 SERVICE OF PROTEST (SEP 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Michael Walls Hand-Carried Address:

Department of Veterans Affairs Central Texas Veterans HCS 2002 Scott Blvd.

Temple TX 76504 Mailing Address:

Department of Veterans Affairs Central Texas Veterans HCS 2002 Scott Blvd.

Temple TX 76504

(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— See Page 1, Block 10

(c) Participants will meet at— See Page 1, Block 10 (End of Provision)

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

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

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

(End of Provision)

2.10 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) Prime contractors are encouraged to assist service-disabled veteran-owned and veteran-owned small business potential subcontractors in obtaining bonding, when required. Mentor firms are encouraged to assist protégé firms under VA's Mentor-Protégé Program in obtaining acceptable bid, payment, and performance bonds, when required, as a prime contractor under a solicitation or contract and in obtaining any required bonds under subcontracts.

(End of Clause)

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

(a) As an alternative to filing a protest with the Contracting Officer, an interested party may file a protest by mail or electronically with: Executive Director, Office of Acquisition and Logistics, Risk Management and Compliance Service (003A2C), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420 or Email: EDProtests@va.gov.

(b) The protest will not be considered if the interested party has a protest on the same or similar issue(s) pending with the Contracting Officer.

(End of Provision) PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:

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

2.12 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)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020) (JUL 2020) (DEVIATION) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

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

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(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…