36C25722B0011_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.

36C25722B0011 X

TBD

549-19-190 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: Correct Electrical Deficiencies Phase I, Project No. 549-19-190

Contractor shall provide all necessary labor, materials, equipment, and supervision to complete all required project work in to upgrade the electric utility power in accordance with the provided SOW, Specifications, and Plans. The project is located at the North Texas Veterans Health Care Facility, located at 4500 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 $2,000,000 and $5,000,000.

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

Pre-Bid Site Visit shall be held on January 19, 2022 @ 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 January 26, 2022 @ 1:00 PM CST . All RFI(s)/Questions must be emailed to: michael.walls2@va.gov. Please include the solicitation No. 36C25722B0011 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

02-11-2022 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

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

Table of Contents

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2022)………………………………………………………………………………….…23

Wage Determination……………………………………..…………………………………….60

Statement of Work

CORRECT ELECTRICAL DEFICIENCIES PHASE I 549 – 19 – 190

1. PROJECT OVERVIEW

1.1 PURPOSE:

The Department of Veterans Affairs (VA) intends to upgrade electric utility power at the North Texas Veterans Health Care Facility, located at 4500 Lancaster Rd, Dallas, TX 75216.

Electrical service is supplied by Oncor Electric Delivery via two 13.2 kV feeders. Currently one feeder is sufficient to provide power to facility and other is 100% redundant. This project will upgrade utility power and associated electrical systems and equipment to meet electrical needs for the upcoming long term SCI project by adding additional feeders and reconfiguring single bus into split bus configuration. It is also intended to provide a future secondary electrical generation to integrate with CHP turbine operation in the next phase of this CED project.

2. SCOPE OF WORK

2.1 GENERAL: Provide all labor, materials, supplies, tools and equipment, supervision, excavation, demolition, project management and construction services necessary for the project. All necessary testing and commissioning is required. All work detailed in drawings and specifications shall be performed. Add two additional 15 kV circuit breaker sections to existing MVSE, a secondary distribution system for future generator, transformer to supply building 87 emergency loads and provide seamless automation of all systems. The plans indicate the sources that originally designed, created, wrote the operating code and tested the original design. It is intended that the sources originally used during this custom project be utilized in this project in order to maintain seamless cohesion between the existing system and the altered system deliverable of the CED project. Acceptance tests shall be per NETA Acceptance Testing requirements and performed by a recognized NETA or Original Manufacture equivalent shop. Project will necessarily include weekend work and require coordination with facility electrical personnel for outages.

Work shall include:

The base portion of the project will include all labor, material, equipment and supervision to perform the required electrical construction work on this project including concrete equipment pads, DIKE , placement of underground feeders, and associated power distribution equipment and all the work as shown in the drawings and specifications. Project also provides for all the necessary tie-in points to existing infrastructure. Refer to the attached drawings and specs.

A site visit is required prior to bidding.

All numbers are approximate. Contractor need to verify all amounts. If there is a discrepancy in the amounts provided and or any condition affecting work shall be brought to the attention of the VA Representative before proceeding with the work.

The Contractor shall be responsible for obtaining and coordinating the services of any and all third-party Contractors performing other services on site and other entities as part of the contract to ensure the expected quality, timely delivery, and documented final product.

O&M Manuals, As-Built drawings in CAD and PDF, applicable permits, installation, testing, and commissioning are also required.

Normal hours of operation for VA sites are 8:00AM to 4:00 PM Monday through Friday except for Federal Holidays. If the Contractor desires to work on Saturday, Sunday, holidays, or outside the project site’s normal working hours the contractor must submit a written request for approval to the VA-COR at least five (5) working days prior to the proposed start of such work.

2.2 DESCRIPTION OF WORK

A. Existing Conditions

a. Before disabling any of the following systems, the contractor needs to coordinate with COR at least 3 working days in advance. Contractor shall be responsible for relocating and temporary installing all utilities and controls, including, but not limited to, telephone, data, electrical, med/gas, emergency power, AV alarms, smoke detectors, sprinklers heads, speakers, nurse call, card readers, isolation monitor, phone booster, wifi boosters, pull stations, etc. It is the contractor’s responsibility to immediately repair any tampered with system at no additional cost to the government.

b. Contractor will coordinate all work with existing work to remain and existing conditions.

c. Contractor shall be responsible for complying with all the construction documents and applicable Department of Veterans Affairs Master Specifications as part of this project.

d. Contractor must also comply with all applicable city, county, state, and federal regulations / codes and applicable OSHA standards project. Construction shall also comply with Infection Control Risk Assessment (ICRA), attached, and IC standards delineated in the specifications.

e. On-site staging WILL NOT be provided in VA premises.

f. There will be NO contractor parking allowed on the VA campus.

g. Demolition and renovation shall take place with minimal disruption to adjacent work spaces.

h. Demolition debris shall be recycled to the best ability of the contractor. Reports of weight and deposition of all waste are to accompany the monthly progress payments (C&D Waste Form attached). Form also included in corresponding specification.

i. Any item damage during removal is the contractor’s responsibility to replace with no additional cost to the government.

j. All work shall be in accordance with VA specifications. All costs shall be included in the base bid. All work shall be coordinated with the VA prior to any demolition work being performed.

B. Additional Requirements

a. Housekeeping - Accumulation of trash, paper, wood shavings, sawdust, excelsior, boxes and other packing materials will be cleaned up as often as necessary and at the end of each workday.

b. False Alarms – Fire Department response fees for false alarms caused by the contractor will be paid by the contractor. To avoid this, dust covers for smoke detectors and alarms are required to be used while construction work is ongoing. These covers shall be removed at the end of the construction work shift to keep them operational.

c. Fire Watch - Provide fire watch for impairments more than 4 hours in a 24-hour period. Request interruptions in accordance with Article, OPERATIONS AND STORAGE AREAS, and coordinate with COR and facility safety officer. All existing or temporary fire protection systems (fire alarms, sprinklers) located in construction areas shall be tested as coordinated with the medical center. Parameters for the testing and results of any tests performed shall be recorded by the medical center and copies provided to the COR.

d. Smoking is strictly prohibited in all facilities, near flammable liquids, highly combustible materials. Smoking is only authorized in designated smoking areas.

e. Security – Contractors will wear security badge in plain sight above the waist at all times. Contractors found without a badge will be immediately removed from VA property by VA Police.

f. Parking – Contractor vehicles found parked in VA parking lots will be issued a United States District Court Violation Notice and immediately removed and banned from VA property.

g. Tuberculosis (TB) – Contractor is responsible for ensuring that if contracted construction worker(s) have been determined to be at risk for transmission of TB based upon the TB pre- construction risk assessment. The contractor must provide written certification, within 24 hours upon request, to the COR that all contract employees assigned to the work site have had a pre- placement tuberculin screening within 90 days prior to assignment to the work site and been found to be free of active TB. Refer to the contract documents for this requirement.

h. OSHA 10 & 30 -Hour Training Course – All construction workers are required to have the OSHA 10-hour Construction Safety training certification. The construction safety manager and/or superintendent shall have the 30-hour Construction Safety course certification. Proof of certification shall be on site at all times.

i. Infection Control (IC) and Safety– All contractors, construction workers and COR’s must attend the Infection Prevention training every fiscal year. All construction workers shall have a current IC training sticker attached to their badges at all times. If this requirement is not met, workers will be removed from construction site. Refer to construction documents for additional information.

Construction sign and copy of IC permit (attached) shall be posted in project site at all times. All IC and dust control measures shall be implemented at all times.

All fire and smoke wall penetrations shall be fireproofed according to corresponding wall rating. These shall be through a sleeve and sealed with fire barrier compound to be approved by VA.

j. All construction and installation work shall comply with VA specifications for material and workmanship, NEC, NFPA and all applicable city, county, state, and federal regulations and codes and OSHA standards. Refer construction drawings and specs for requirements.

k. All incidental work associated with the installation and construction works in the exterior and interior of the building shall be included in the base bid.

l. All IT installation shall be PANDUIT certified.

m. Conduct work as to interfere as least as possible with facility operations. All coordination for utilities shutdown shall be coordinated at least 72 hours prior to event with COR. For major utility system shutdowns, coordination shall be done at least 2 weeks in advance.

2.3 OTHER DELIVERABLES

A. Period of Performance: 365 Calendar days after Notice to Proceed

B. Performance and Payment bonds: Due 10 Calendar days after Notice of Award

C. Proof of Insurance: Due 10 Calendar days after Notice of Award

D. Project Schedule: Project schedule shall be provided and approved 30 days after NTP

E. Contractor Quality Control Plan (CQCP): The contractor shall develop a quality control plan and shall furnish to VA for review no later than 30 calendar days after the receipt of notice to proceed. The plan shall identify personnel, procedures, control, instructions, tests, records, and forms to be used. VA will consider an interim plan for the first 45 calendar days of operation. Installation will be allowed to begin only after acceptance of the CQCP or acceptance of an interim plan applicable to the particular feature of the work to be started. Work outside of the features of the work included in an accepted interim plan will not be permitted to begin until acceptance of a CQCP or another interim plan containing the additional features of the work to be started. After acceptance of the CQCP, the Contractor shall notify the Contracting Officer Representative (COR) in writing of any proposed change. Proposed changes are subject to acceptance by the Contracting Officer. Please see Appendix H for additional details.

F. Safety Plan: Contractor shall develop and implement a Comprehensive safety plan to eliminate injuries occurring relative to providing the design and installation services for this project. Contractor shall furnish to VA for review no later than 15 calendar days after the receipt of notice to proceed. The plan shall also describe how final system installation will meet all applicable requirements of NFPA30 and NFPA30A. Construction/Renovation work will be allowed to begin only after VA’s acceptance of the Safety Plan. Contractor is responsible for providing enough project lead time to allow for VA review of Safety Plan before acceptance. The Department of Labor OSHA requires that all Contractors involved in installation on VA owned or leased property comply with the Incorporation of General Industry Safety and Health Standards applicable to Installation Work and Technical Amendments, Final Rule 29 CFR Parts 1910 and 1926 as published in the Federal Register Volume 58, No. 124, June 30, 1993. In addition, any Contractor that performs construction type work on any VA project as defined by the Scope of the referenced regulation is required to; (1) Provide and maintain his own protective equipment and devices, etc; and (2) Require all sub- contractors used on site to follow these same provisions in the regulation.

G. Operations and Maintenance Manuals (O&M): The Contractor shall provide three (3) complete sets of O&M manuals including a recommended spare parts list identifying components adequate for competitive supply procurement for operation and maintenance of the system. The O&M Manuals shall include maintenance and inspection for all equipment. A three-ring binder containing all of the O&M and electronic files on CD-ROM shall be provided within the binder.

H. Submittals CD: As part of the closeout documentation, the contractor shall provide the COR, 4 CDs containing all the approved submittals.

I. Operations and Maintenance Training: The Contractor shall provide on-site O&M training for the location which will consist of two (2) formal on-site training sessions during a 30 day period to including but not limited to system operation, corrective and preventive maintenance and inspections.

The contractor shall provide training manuals that include the hands-on exercises, O&M data and troubleshooting guides necessary for personnel to assume full O&M responsibility for the system after completion of the training. The contractor shall provide a written training syllabus for the topics and detailed training content for review and approval by the COR at least 30 days prior to the scheduled training. The contractor will coordinate with the COR the scheduling of any training classes in advance. The COR may require the classes to be provided on non-consecutive days at the convenience of the VA Staff. The Contractor shall video tape this training for official use and forward CD (4 copies) including those training videos.

O. Warranty: Contractor shall provide a minimum three (3) year warranty, unless specified otherwise in the specs, from both the manufacturer and installer including parts and labor to include normal, premium or holidays hours. The Warranty period shall start on the date of Substantial Completion.

2.4 ACCEPTANCE

A. For the purposes of Warranty and payment for the work performed at a location, government “Acceptance” will be provided by the VA upon the completion of all of the following:

a. The Contractor has demonstrated/ verified acceptance tests per NETA Acceptance Testing Requirements and performed by a recognized NETA or Original Equipment Manufacture equivalent shop. All punch list items identified during the commissioning have been resolved.

b. The Contractor has provided O&M manuals.

c. The Contractor has provided Record drawings to include a CD with all as builds CAD files, one full set, one half set and one Mylar full set.

2.5 CONFIDENTIALITY AND NONDISCLOSURE

A. The preliminary and final deliverables and all associated working papers, application source code, and other material deemed relevant by the VA which has been generated by the contractor in the performance of this Order are the exclusive property of the U.S. Government and shall be submitted to the VA-COR at the conclusion of the contract.

B. The Contracting Officer will be the sole authorized official to release verbally or in writing, any data, the draft deliverables, the final deliverables, or any other written or printed materials pertaining to this contract. No information shall be released by the contractor. Any request for information relating to this contract presented to the contractor shall be submitted to the CO for response.

C. Press releases, marketing material or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO.

D. To the extent that the work under this contract requires that the contractor be given access to proprietary business, technical or financial information belonging to the Government or other companies, the contractor shall treat such information as proprietary business sensitive and agrees not to appropriate such information to its own use or to disclose such information to third parties unless specifically authorized by the CO in writing. A mutually agreed to agreement for exchange of sensitive information or nondisclosure agreement may be required.

E. General Requirements for Privacy Information:

· Information Systems Officer, Information Protection: The contractor will not have access to VA Desktop computers, nor will they have access to online resources belonging to the government while conducting services.

· Privacy Officer: The contractor will not have access to Patient Health Information (PHI) nor will they have the capability of accessing patient information during the services provided to the VA.

· Records Manager: There will be no federal records created, maintained, used or dispositioned with this contract; regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.].

VHA Supplemental Contract Requirements for Combatting COVID-19

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

1. Documentation requirements:

0. If fully vaccinated, contractors shall show proof of vaccination.

0. 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.

0. If unvaccinated, contractors 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 that includes an affiliated telehealth service.

0. 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.

0. 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.

1. 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.

1. 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.

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

For indefinite delivery contracts: Contractor agrees to comply with VHA Supplemental Contract Requirements for any task or delivery orders issued prior to this modification when performance has already commenced.

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

PROVIDE ALL NECESSARY LABOR, MATERIALS, EQUIPMENT, SUPPLIES, TOOLS, SUPERVISION, EXCAVATION, DEMOLITION, PROJECT MANAGEMENT AND CONSTRUCTION SERVICES NECESSARY CORRECT ELECTRICAL DEFICIENCIES BY UPGRADE ELECTRIC UTILITY POWER, FOR THE PROJECT. ALL NECESSARY TESTING AND COMMISSIONING IS REQUIRED. ALL WORK DETAILED IN DRAWINGS AND SPECIFICATIONS SHALL BE PERFORMED. LOCATED AT DALLAS VA MEDICAL CENTER 4500 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

** NOTE** TOTAL PROJECT DURATION: 365 CALENDAR DAYS TO COMPLETE WORK FROM ISSUANCE OF THE NOTICE TO PROCEED.

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 bid package(s) shall not be sent FedEx or Hand Delivered to the Contracting Office. All bids shall be submitted via the Vendor Portal by the specified Bid Closing date and time.

(b) All public Bid Openings are hereby suspended until further notice due to the COVID-19 in order to limit 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.

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 North Texas Veterans Health Care Facility 4500 South 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 $3,000,000.00, 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:

Hand-Carried Address:

Michael Walls 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 852.233-70 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)

2.12 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:

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2022)

(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…