36C25722B0030_1.docx

36C25722B0030

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)

1. 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.

36C25722B0030 X 07-06-2022 519-22-500 Department of Veterans Affairs Network Contracting Office 17 2002 Scott Blvd.

Temple TX 76504 Department of Veterans Affairs Central Texas Veterans HCS 2002 Scott Blvd.

Temple TX 76504 Lynn Pettit 254-899-6001 Title:

Replace Cooling Towers, Bldg. 18, Project No. 519-22-500

The contractor shall provide all equipment, labor, material, transportation, and supervision to replace the cooling towers and all related equipment in Bldg.18 at West Texas VA Health Care System (WTVAHCS), 300 Veterans Blvd., Big Spring, TX 79720 in accordance with the SOW, Specifications and Drawings.

This is a competitive requirement set-aside 100 percent for service-disabled veteran-owned small business.

Magnitude of the Construction Project: Between $250,000 and $500,000.

The applicable North American Industry Classification (NAICS) code for this project is 238220.

Pre-Bid Site Visit shall be held on July 13, at 1:00PM CST.

VA highly encourages interested contractors to attend the site visit.

All interested contractors shall meet at WTVAHCS, E ngineering Bldg. 3, 300 Veterans Blvd, Big Spring, TX 79720.

Cut off for submission of RFIs/Questions shall be July 18, at 4:00PM CST.

All RFIs/Questions shall be emailed to Lynn.Pettit@va.gov; Subject line "Solicitation 36C25722B0030 RFIs."

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 e mail address Lynn.Pettit@va.gov by the date and time stated below, Block 13a.

Funds are not currently available for this solicitation. Award of a contract as a resu lt of this solicitation is contingent upon the availability of appropriated funds fromwhich payment of this contract may be made. There shall be no legal liability on the part of the Government for contract purposes until funds are made available to the Contracting Officer. The Contracting Officer will confirm availability of funds prior to award of a contract.

X X 52.211-10 X

2:00PM

08-05-2022 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 p erformance 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-th is 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 s pecified) (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 17 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

A.3 Statement of Work

West Texas VA Health Care System Replace Cooling Towers Bldg. 18

BACKGROUND: The West Texas VA Health Care System (WTVAHCS) located at 300 Veterans Blvd., Big Spring, TX. Currently has a requirement for services to replace cooling towers, plumbing, electrical, Metasys controls, and all related equipment.

STATEMENT OF WORK:

Contractor shall provide all equipment, labor, material, transportation, and supervision to replace the Cooling towers and all related equipment in Bldg.18 at 300 Veterans Blvd., Big Spring, TX. The contractor will be responsible for visiting the site and conducting project investigation. The contractor will be responsible for selecting Cooling towers that will meet or exceed the requirements (100 ton each) of the facility. The towers are to be redundant. The contractor shall submit specifications on each piece of equipment and show how each will fit the current location of the old equipment, work with our current utilities and meet or exceed the requirements of the facility. Each piece of equipment must be approved by the VA prior to purchasing. A person certified in HVAC systems must certify that the equipment installed meets all requirements. Equipment must be installed by a certified HVAC installer and comply with all life safety codes.

Period of performance: 120 Days after notice to proceed is issued.

OBJECTIVE:

· Removal of existing cooling towers (2 Delta T-85I Towers)

· Demo and remove old footings

· Pour new footings for the towers

· Pour new wall for mounting control boxes and electric panel/Disconnect

· Controls shall be Johnson Controls

· Install 2 new 100-ton cooling towers (Delta T-100I Cooling Towers or equivalent)

· Install all new necessary equipment, Electrical, Piping, Pumps, Controls, VFD, etc...

· Pumps (2) shall be 15 HP rated at 250 Gpm.

· Provide and install Delta Dss25 Side Stream Filtration unit (or equivalent)

· Provide a Chemical Injection Unit through Garratt-Callahan

· Install new piping and valves in the pump room

· Clean up and inspection of work

· Contractor to provide factory start-up with test and balance.

· In conjunction Bldg. 2(Boiler Plant) Contractor shall install a new DSS200 pump/Sand trap with all necessary plumbing

TASKS AND DELIVERABLES: The vendor shall provide the specific services and deliverables described below:

a. Task One: The vendor shall provide a detailed work plan and briefing for the VA, which presents the vendor’s plan for completing the contract.

b. Contractor will provide a temporary chiller for the facility. Contractor must have a contingency plan in place if the temporary units go down.

c. In general, electrical, plumbing and HVAC shall be the only utility systems utilized for this project. In addition, there may be several utility systems conditions and requirements which apply to this project that may result in the need for more or less work depending upon the system. The following is a brief description of utility conditions and requirements for this project.

d. The current electrical wire coming into the cooling towers shall be replaced as well as the panel and breakers. Existing underground conduit shall be re-used. All electrical panels, wiring, switches, boxes etc... Shall be new and labeled.

e. The plumbing going to and from the old cooling towers shall be new and installed per VA standards located in the TIL. The contractor will be responsible for all unions, valves & piping from the point of disconnect to the new cooling towers. If the cooling towers do not connect in the same location as the old, the contractor shall be responsible for new piping to make the proper connections. All insulation shall be replaced and included in the contractors bid. All piping, valves etc... Shall be labeled.

f. The HVAC shall consist of new cooling towers and controls.

g. The contractor shall completely furnish an equipment package that will meet the previously stated Project scope/Objectives. The package shall include detailed submittals, manufacturer literature, and related information as required by the contract. The equipment and install shall be in accordance with the latest Uniform Building Code (UBC), National Electrical Code (NEC), National Fire Protection Associate (NFPA) standard, Uniform Federal Accessibility Standard (UFAS), VA Standards, and local facility requirements. In the event there is a conflict between any of the standards/codes, the VA specs and standards/codes will take precedence.

h. Work shall be coordinated with the COR. Infection control will be limited as this work is away from patient care areas. Infection control barriers, signage, and general cleanliness are a priority on this project. Any deviation from construction safety, infection control, or other mandated measures will be cause for construction to terminate until these deficiencies are corrected. This work will be in the low-risk category.

i. The contractor shall be solely responsible for the management of installation, including all labor, equipment, materials, and inspection, to meet requirements of the contract.

j. The VA shall provide the contractor any schematic design (layout) or basic construction drawings they have on file.

k. Contractor superintendent shall be on station at all times to address any needs the VA may have during the construction period.

l. Contractor shall thoroughly clean inside and outside of construction site daily with contractor’s own equipment, including vacuums, mops, buckets, wash rags, dust mops, etc.…

m. Contractor shall adhere to basic VA specifications for all work. Contractor shall reference the VA Technical Information Library (TIL).

n. This shall be a turn-key project. Material purchased by the contractor shall meet the specifications and submittals and shall be approved prior to purchasing the material.

o. Workmanship and materials shall be warranted for one-year from the date of final acceptance.

The contractor shall provide all applicable safety signage and barricades applicable to OSHA and VHA. Contractor shall comply with VHA DIRECTIVE 7715 and all VA Center Policy Memorandums, including but not limited to the following.

1. Protection of patients, visitors, and employees from traumatic injury, as well as occupational and facility–associated infections.

2. Compliance with OSHA and State construction safety regulations.

3. Compliance with EPA and State environmental regulations.

4. Ensuring that on-site general and sub-contractor’s construction workers have completed the OSHA 10-hour construction worker course.

5. Project Superintendent shall posses an OSHA 30-hour certification.

SECURITY: This service does not involve contractor connection of one or more contractor-owned IT devices (such as laptop computer or remote connection from a contractor system) to a VA internal trusted (i.e., non-public network); therefore, Information Technology (IT) Security certification and accreditation (authorization) (C&A) requirements do not apply per VA Handbook 6500.6 The C&A requirements do not apply and that a Security Accreditation is not required.

REQUIREMENTS AND CONSIDERATIONS:

a. The Contractor shall comply with security measures and policies set in place by the VA.

b. The Contractor shall be responsible for testing and ensuring HVAC system meets requirement standards set by the VA and can be found on the TIL.

c. The Contractor shall be responsible for replacing any damaged surrounding areas during the removal and installation of the components.

d. The Contractor shall be responsible for labeling all electrical and fire suppression components.

e. The Contractor shall survey all work areas and report any suspicious material before starting work.

f. Any material the contractor finds suspicious and thought to contain asbestos shall be tested and or removed by the VA. Any material that is adjacent to the work area shall be left in place and undisturbed. If work cannot be conducted without disturbing said material, then it shall be tested or abated by the VA.

g. All contractor personnel shall report to the Engineering Office at the Facility prior to and after any work performed and sign out after completion of services. The contractor must furnish to the Chief of Engineering a detailed field report, or equivalent, showing work completed before leaving the Facility.

h. The Contractor shall not perform any service that will result in additional charges without prior approval from the Contracting Officer.

i. The Contractor shall comply with the standards in the Occupational Safety and Health Act (OSHA).

j. The Contractor is responsible for his employees while on Facility grounds including any accidents while performing the service.

k. Contractor must refer to the master spec in the technical information library (TIL) https://www.cfm.va.gov/til/spec.asp

DELIVERY LOCATION: All work related to this contract shall be accomplished at the WTVAHCS, 300 Veterans Blvd. Big Spring, Texas.

COMPETENCY OF PERSONNEL: Personnel shall be authorized by the contractor to perform the services. All work shall be performed by fully qualified and competent personnel. The government reserves the right to authenticate training requirements, request training certificates and credentials from the contractor at any time during the course of this contract through written request by the Contracting Officer.

BADGES: All Contractor personnel are required to wear I.D. badges during the entire time he/she is on Government property. I.D. badges must have an identification picture and shall state the name of the individual and the company he/she represents. The Contractor is to coordinate with the COR to obtain the I.D. badge from the Police Service. The Contractor is to provide a list of personnel who shall be performing the service.

Page 1 of Page 1 of

VHA Supplemental Contract Requirements for Combatting COVID-19

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

a. Documentation requirements:

1) If fully vaccinated, contractors 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, 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.

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.

1. 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.4 SCHEDULE OF PRICES/DESCRIPTION

DESCRIPTION:

Project 519-22-500 Replace Cooling Towers, Bldg. 18. The contractor shall be required to provide all equipment, labor, material, transportation, and supervision to replace the cooling towers and all related equipment in Bldg. 18 at West Texas VA Health Care System in accordance with the SOW, Drawings and Specifications. The project is located at WTVAHCS, 300 Veterans Blvd, Big Spring, TX 79720.

** NOTE** an award shall be made on the Base Bid 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.

ITEM EST UNIT TOTAL

NO. DESCRIPTION OF SERVICE QTY UNIT PRICE AMOUNT

BASE BID:

01 Replace Cooking Towers, Bldg. 18: 1 JB $__________$____________ at West Texas VA Health Care System

The contractor shall be required to provide all equipment, labor, material, transportation, and supervision to replace the cooling towers and all related equipment in Bldg. 18 at West Texas VA Health Care System in accordance with the SOW, Drawings and Specifications.

TOTAL OF BASE BID

(Items 1 and 2) TOTAL: $_____________________________

PROJECT DURATION 120 CALENDAR DAYS, AFTER RECEIPT OF NOTICE TO PROCEED LETTER

A.5 OSHA and EMR Certification

The Offeror shall submit the following information: (For a partnership or joint venture, the following submittal requirements are required for each Contractor who is part of the partnership or joint venture and for the entity itself. EMR shall not be submitted for subcontractors.)

1. OSHA or EPA Violation(s):

Offerors shall provide Summary of Work-Related Injuries and Illnesses, affirming that the Offeror has no more than three serious, or one repeat, or one willful OSHA or EPA violation(s) in the past 3 years.

1. Experience Modification Rate (EMR):

Offerors shall provide documentation to show that the offeror has an Experience Modification Rate (EMR) of equal to or less than 1.0.

A.6 OFFEROR’S SELF PERFORMED ESTIMATED CALCULATIONS

INSTRUCTIONS FOR CALCULATION OF SELF-PERFORMED WORK IAW “Limitations on Subcontracting” (VAAR 852.219-10)

At the time of proposal Offeror’s are required to complete.

a) Offeror’s total proposed price: $ __________

b) Cost of Materials $ __________

c) Total excluding materials (a-b) $ __________

d) Amount projected to be paid to non-VIP listed SDVOSBs: $ __________

e) Offeror’s percentage of estimated Non VIP work (d/c X 100 = %) __________%

f) Offeror’s percentage of estimated self-performed work (100 – e = %) __________%

A/E-Services. In the case of a contract for services (except construction), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed VOSBs.

General construction. In the case of a contract for general construction, it will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

Special trade contractors. In the case of a contract for special trade contractors, it will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

COVID-19 Bid Submission Instructions

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 complete bid packages shall be submitted via email to Lynn.Pettit@va.gov by the specified Bid Closing date and time.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 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)

2.2 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)

2.3 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 52.225-10 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 52.233-2 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:

Lynn Pettit

Hand-Carried Address:

Department of Veterans Affairs Network Contracting Office 17 2002 Scott Blvd.

Temple TX 76504 Mailing Address:

Department of Veterans Affairs Network Contracting Office 17 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)

2.6 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— July 13, 2022, 1:00PM CST

(c) Participants will meet at— WTVAHCS, Engineering Bldg. 3, 300 Veterans Blvd, Big Spring, (End of Provision)

2.7 VAAR 852.223-70 INSTRUCTIONS TO OFFERORS—SUSTAINABLE ACQUISITION PLAN (SEP 2019) Offerors shall include a Sustainable Acquisition Plan in their technical proposals. The plan must describe the approach and quality assurance mechanisms for applying FAR subpart 23.1, Sustainable Acquisition Policy and other Federal laws, regulations and Executive Orders governing sustainable acquisition. The plan shall clearly identify those products and services included in the proposal.

(End of Provision)

2.8 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)

2.9 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)

2.10 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) (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 $16.5 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, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[X](i) 52.204-17, Ownership or Control of Offeror.

[X](ii) 52.204-20, Predecessor of Offeror.

[](iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

[](iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Certification.

[](v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Certification.

[](vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

[](vii) 52.227-6, Royalty Information.

[](A) Basic.

[](B) Alternate I.

[](viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of Provision)

3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it ‘‘does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument’’ in paragraph (c)(1) in the provision at 52.204–26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212–3, Offeror Representations and Certifications–Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it ‘‘does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services’’ in paragraph (c)(2) of the provision at 52.204–26, or in paragraph (v)(2)(ii) of the provision at 52.212–3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or…