36C25723B0002_1.docx

36C25723B0002

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.

36C25723B0002 X

TBD

504-23-102 Department of Veterans Affairs Temple CTX Contracting (90C) 1901 Veterans Memorial Dr. Building #171 Temple TX 76504 Department of Veterans Affairs Temple CTX Contracting (90) 1901 Veterans Memorial Dr. Building 171 Temple TX 76504 Michael Walls

Acquisition Title: Project 504-23-102 - Replace Repair Campus Floors

The Department of Veterans Affairs (VA) is seeking a contractor to replace and / or repair several square feet of campus flooring at the Thomas E. Creek VA Medical Center, located at 6010 Amarillo Blvd. West, Amarillo, Texas 79106 in accordance with the prepared drawings and specifications.

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

Magnitude of the Construction Project: Between $1,000,000.00 and $2,000,000.00

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

Pre-Bid Site Visit shall be held on October 18, 2022 @ 10:00am CST. All interested Contactors shall meet at the Thomas E. Creek VA Medical Center 6010 Amarillo Blvd. West, Engineering Conference Room, Room Number 3409, Amarillo TX 79106.

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 October 25, 2022 @ 1:00 PM CST. All RFI(s)/Questions must be emailed to: michael.walls2@va.gov. Please include the solicitation No. 36C25723B0002 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.

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 Violations 2. Experience Modification Rate (EMR)

3. Limitation on Subcontracting . Failure to comply with this requirement will result in removal of proposal for Consideration for award.

x x 52.211-10 X Zero (0)

1:00 PM

CST

11-09-2022 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 Temple CTX Contracting (90C) 1901 Veterans Memorial Dr. Building 171 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

WAGE DETERMINATION…………………………………………………………………

504-23-102 - Replace Repair Campus Floors Page 1 of Page 1 of Statement of Work

Replace, Repair Campus Flooring

504 – 23 – 102

1. PROJECT OVERVIEW

1.1 PURPOSE:

The Department of Veterans Affairs (VA) is seeking a contractor to replace and / or repair several square feet of campus flooring at the Thomas E. Creek VA Medical Center, located at 6010 Amarillo Blvd. West, Amarillo, Texas 79106.

This project will replace and / or repair several floors throughout the campus at the Thomas E. Creek VA Medical Center. The project will be done in accordance with the prepared drawings and specifications.

2. SCOPE OF WORK

2.1 GENERAL: Provide all labor, materials, supplies, tools, equipment, supervision, and construction services necessary for the construction of the flooring project. All necessary testing will be required.

Work shall include:

The base bid of the project will include all labor, material, equipment, and supervision to perform the required work on this project. This work will be for the floors labeled “BASE BID” on the project drawings. This work will include but not limited to the removal of the existing flooring material and cove base, the installation of either new luxury vinyl floor tile, sheet vinyl with heated seams, ceramic tile, or resinous (epoxy base) flooring and installing new 4-inch cove base, and other work as shown on the drawings and specifications. Some areas will include an asbestos abatement.

A pre-award site visit is recommended, and this visit will be coordinated by the Contracting Officer (CO) and the Contracting Officers Representative (COR). A pre-construction meeting is required and regular coordination meetings during construction work may be scheduled.

All numbers and measurements are for reference only. The contractor to verify all amounts and measurements. If there is a discrepancy in the amounts provided and or any condition affecting work shall be brought to the attention of the VA COR before proceeding with the work.

All work as shown in the drawings and specs are the responsibility of the general contractor. Any subdivision of this work to subcontractors remains the sole responsibility of the general contractor.

O&M Manuals, As-Built drawings in CAD and PDF, applicable permits, installation, and testing, are also the responsibility of the general contractor.

Normal hours of operation for VA sites are 8:00AM to 4:30 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 ten (10) 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, etc. It is the contractor’s responsibility to immediately repair any tampered with system at no additional cost to the government.

b. The buildings and the surrounding site areas will be occupied, and Government operations will continue as normal, temporary, or restricted basis for the duration of the contract. The Contractor shall take all precautions to ensure that his operations are conducted in a manner so as not to interfere with the normal operation of surrounding facilities. The Contractor shall execute work in a safe manner and shall not subject personnel to unsafe conditions. The Contractor shall provide safety barricades, devices, and equipment to protect personnel and property and repair damage caused by construction operations. Take all precautions to protect the building, equipment, and occupants during the construction period. Demolition and renovation shall take place with minimal disruption to adjacent areas.

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

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

e. Contractor must also comply with all applicable city, county, state, and federal regulations / codes, and applicable OSHA standards project. In addition, the contractor shall flow federal codes including but not limited to the following:

1. NEC

2. NFPA

3. ADA

4. Life Safety Code

5. ASHRAE, SMACNA

6. OSHA Standards

7. JCAHO Standards

8. EPA regulations

9. ASME

10. ASPE

11. National and Local Building Codes

12. Others as applicable

f. On-site staging will be provided on the VA premises. The stage area will be determined later.

g. Contractor will be allowed to park on the VA campus in designated areas.

h. Demolition and renovation shall take place with minimal disruption to adjacent areas.

i. 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.

j. Disposal of materials removed under this contract at an approved disposal site in accordance with all local, state, and federal laws, regulations, and guidelines are the Contractor’s sole responsibility. No disposal in VA property is permitted.

k. The contractor shall repair any damage to the adjacent facilities and will return the area to the government within a condition like that before the construction started. This work is the contractor’s responsibility to replace at no additional cost to the government.

l. 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. Any material such as concrete washout etc. will also be removed from the VA property at the completion of the project.

b. 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.

c. Smoking is strictly prohibited at all Amarillo VA facilities.

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

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

f. 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 superintendent shall have the 30-hour Construction Safety course certification. Proof of certification shall be always on site.

g. Infection Control (IC) and Safety–Construction sign and copy of IC permit shall be always posted on project site. All IC and dust control measures shall be always implemented.

h. 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.

A. Period of Performance: 180 Calendar days after Notice to Proceed B. Performance and Payment bonds: Due 5 Calendar days after Notice of Award C. Proof of Insurance: Due (TBD by Contracting Officer) Calendar days after Notice of Award D. Contractor Quality Control Plan (CQCP): The contractor shall develop a quality control plan and shall furnish to VA for review no later than 5 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 15 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 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.

a. The Quality Control Plan shall include as a minimum, the following:

i. A description of the quality control organization, including chart showing lines of authority and acknowledgement that the CQC staff shall report to the project manager or someone higher in the contractor’s organization.

ii. The qualifications, duties, responsibilities, and authorities of each person assigned a quality control function.

iii. A copy of the letter to the Quality Control Manager, signed by an authorized official of the firm, which describes the responsibilities and delegates the authorities of the Quality Control Manager, shall be furnished.

iv. Procedures for scheduling and managing submittals, including those of subcontractors, offsite fabricators, suppliers, and purchasing agents.

v. Control testing procedures for each specific test performed on any task order will be submitted and approved prior to the start of construction on that task order (Laboratory facilities will be approved by the Contracting Officer).

vi. Reporting procedures, including proposed reporting formats and distribution of the documents.

E. 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 5 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 led 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.

F. Operations and Maintenance Manuals (O&M): The Contractor shall provide two (2) 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 the O&M and electronic files on CD-ROM shall be provided within the binder.

G. Submittals CD: As part of the closeout documentation, the contractor shall provide the COR, 1 CD containing all the approved submittals.

H. 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.

Approved M&O manuals shall be used for training. Contractor is responsible for providing enough project led time to allow for VA review of M&O manuals before acceptance.

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.

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 the following:

a. The Contractor has completed all the punch list items identified during Final Acceptance inclusive of rework.

b. The Contractor has provided electronic closeout package including the following: Contractor certified executed Quality Control Inspection documentation (electronic pdf format), approved submittals, As-builts and Certified Warranty Letter.

c. The Contractor has provided O&M manuals.

d. 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:

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.

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 labor, materials, supplies, tools, equipment, supervision, and construction services necessary for the construction of the flooring project.

This work will include but not limited to the removal of the existing flooring material and cove base, the installation of either new luxury vinyl floor tile, sheet vinyl with heated seams, ceramic tile, or resinous (epoxy base) flooring and installing new 4-inch cove base, and other work as shown on the drawings and specifications. Some areas will include an asbestos abatement.

** 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.

Cost of Performance and Payment Bonds *Project Duration 180 Calendar Days, after receipt of Notice to Proceed letter.

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 michael.walls2@va.gov by the specified Bid Closing date and time.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.214-31 FACSIMILE BIDS (DEC 1989)

(a) Definition. "Facsimile bid," as used in this solicitation, means a bid, modification of a bid, or withdrawal of a bid that is transmitted to and received by the Government via electronic equipment that communicates and reproduces both printed and handwritten material.

(b) Bidders may submit facsimile bids as responses to this solicitation. These responses must arrive at the place and by the time, specified in the solicitation.

(c) Facsimile bids that fail to furnish required representations or information or that reject any of the terms, conditions, and provisions of the solicitation may be excluded from consideration.

(d) Facsimile bids must contain the required signatures.

(e) The Government reserves the right to make award solely on the facsimile bid. However, if requested to do so by the Contracting Officer, the apparently successful bidder agrees to promptly submit the complete original signed bid.

(f) Facsimile receiving data and compatibility characteristics are as follows:

(1) Telephone number of receiving facsimile equipment:

(2) Compatibility characteristics of receiving facsimile equipment (e.g., make and model number, receiving speed, communications protocol):

(g) If the bidder chooses to transmit a facsimile bid, the Government will not be responsible for any failure attributable to the transmission or receipt of the facsimile bid including, but not limited to, the following:

(1) Receipt of garbled or incomplete bid.

(2) Availability or condition of the receiving facsimile equipment.

(3) Incompatibility between the sending and receiving equipment.

(4) Delay in transmission or receipt of bid.

(5) Failure of the bidder to properly identify the bid.

(6) Illegibility of bid.

(7) Security of bid data.

(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 52.222-23 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 Thomas E. Creek VA Medical Center 6010 Amarillo Blvd. West Amarillo, Texas 79106 (End of Provision)

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

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

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

(c) Evaluation of offers.

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

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.6 52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

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

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, 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)

2.7 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)

2.8 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 1901 Veterans Memorial Dr. Building 171 Temple TX 76504 Mailing Address:

Department of Veterans Affairs Central Texas Veterans HCS 1901 Veterans Memorial Dr, Building 171 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)

2.9 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 Block number 10 on page 1 of solicitation

(c) Participants will meet at— See Block number 10 on page 1 of solicitation (End of Provision)

2.10 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)

2.11 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)

2.12 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)

2.13 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)

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

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

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

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

(i) Is otherwise eligible for award; and

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